This Acceptable Use Policy (“AUP”) is set forth by QUANTIL (“the Company“) to provide guidelines for acceptable use of the Company’s network, systems, software, products and services (“the Offerings“) by our customers, resellers, and other users (“Customers”). The examples described in this AUP are not exhaustive and they are illustrative of conduct deemed to be inappropriate, improper or harmful to the Company’s reputation and its offering and therefore prohibited when using the Offerings. The guidelines and restrictions in this AUP on use of the Offerings by a Customer shall apply equally to the Customer’s employees and any other person or entity that is provided access to the Offerings directly or indirectly by the Customer (“Users”). By using the Offerings, the Customer acknowledges that it has read, understood and agrees to comply with the terms of this AUP. The Customer shall:
(i) ensure that its Users comply with this AUP and;
(ii) be responsible for violations of this AUP by Customer or its Users.
General Requirements
The Customer must use Offerings in a manner consistent with their permitted use. Unless otherwise expressly permitted in writing by the Company, the Customer may not assign, transfer, distribute, resell, or lease the Offerings or otherwise provide any third party access to the Offerings. The Customer may only use the Offerings for lawful purposes and in accordance with this AUP.
Customer shall be solely responsible for:
(i) any content sent by the Customer or its Users by way of the Services (“Customer Content”);
(ii) any violation or attempted violation of the security of the Company’s or any third party network, system, server or account by the Customer or its Users and;
(iii) ensuring that the usage of the Offerings by the Customer or its Users does not violate any applicable law or regulation, including export, encryption and privacy laws and regulations.
In utilizing the Offerings, the Customer will act at all times in a diligent and business-like manner and refrain from any activity or action that may damage the reputation of the Company or the Offerings. The Customer is also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for the Company’s Services. Violations of system or network security may result in civil or criminal liability.
Content
The Company takes no responsibility for any content created by the Customer or User, which is accessible or delivered on or through the Offerings. The Company does not monitor or exercise any editorial control over such content. The Customer shall take all necessary precautions to ensure that the Customer Content is legal and meets the requirements of applicable laws, including but not limited to laws relating to content distribution, encryption and export. The Customer shall hold the Company harmless from and assume the defense of any complaint, allegation, investigation, subpoena and/or other related matters raised by individuals, organizations and/or governmental entities relating to Customer Content or its and/or its Users improper usage of the Offerings, such as complaints of:
(i) fraud;
(ii) harassment;
(iii) threats to the safety, security and/or well-being of person or property;
(iv) infringement of third party rights (i.e. trademark, copyright, patent, etc.);
(v) and/or other illegal activities.
Further to the above general restrictions, the Customer shall not:
- make derivative works (as defined under US copyright law), reverse compile, or reverse assemble in any way, all or any portion of the Company’s technology;
- use the Offerings to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the Company, any other network or equipment, or other third parties;
- use the Offerings to send unsolicited e-mail messages or USENET postings, including, without limitation, bulk commercial advertising or informational announcements (“spam”). Furthermore, the Customer is prohibited from using the service of another provider to send spam or to otherwise promote a site hosted on or connected to the Company.
- use the Company to (a) send e-mail messages or USENET postings which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages or USENET postings to a recipient who has indicated that he/she does not wish to receive them, (c) send e-mail messages or USENET postings with forged header information, or (d) send malicious e-mail messages or USENET postings, including, without limitation, “mailbombing.” The Company reserves the right to charge Customer at the Company’s standard rates for time required to handle any complaints that Customer or User violate these AUP terms; and
- use the Offerings to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.
QUANTIL Rights and Remedies
If the Customer becomes aware of any Customer Content or activity that violates this AUP, the Customer shall take all necessary action to prevent the activity and such Customer Content from being routed to, passed through or stored on the Offerings. To the extent the Company becomes aware of any Customer Content or activities that the Company deems, in its sole discretion, to be in violation of this AUP, the Company may immediately block access to such Customer Content, suspend or terminate any affected Offerings, or take any other actions the Company deems appropriate. The Company shall be solely responsible for determining if any Customer Content or action violates this AUP. The Company reserves the right to terminate or suspend services if the continued provision of services would violate law or otherwise harm the Offerings, its network or other customers. The Company also reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the party that the Company deems responsible for the wrongdoing. The Company will endeavor to provide notice to Customer prior to suspension or termination of Offerings, but may immediately suspend or terminate them in instances where continued provision of Offerings would have a material adverse effect on the Company. The Company shall not be liable for any damages of any nature suffered by any Customer, User or any third party resulting in whole or in part from the Company’s exercise of its rights under this AUP. The Customer agrees to indemnify the Company for any and all damages, claims, suits, costs or expenses asserted against or incurred by the Company related to or in connection with a violation of this AUP by Customer or its Users.
The Company reserves the right to modify this AUP from time-to-time, in its sole discretion, effective upon posting a revised copy of the Acceptable Use Policy on www.quantil.com. Any use of the Offerings after such modification shall constitute acceptance of such modification. Any violation shall be sent to abuse@quantil.com.
Last updated: May 9th, 2016