Acceptable Use Policy
The Vuelio Acceptable Use Policy (“AUP”) describes the terms under which any user or users (the “Customer”) of the Products and Services agree to be bound by during their use of those Products and Services. The Customer acknowledges and agrees to be bound by all the terms, conditions, and policies of the AUP, as set forth herein. The Customer acknowledges and agrees that it is responsible for continual compliance of this policy, in order to ensure the integrity, security and reliability of Products, Services and the Suppliers networks, systems, facilities and data.
Spam
The Customer may not send, or attempt to send, unsolicited email messages (“Spam”). Spam is not only annoying to recipients; it violates many laws, seriously affects the efficiency and cost-effectiveness of Supplier Services, and moreover undermines the environment for communications Vuelio wishes to foster.
Sending Spam can lead to industry blacklisting of the Customer’s and/or the Supplier’s business and servers, resulting in interruption and/or termination of a Customer’s subscription.
Specifically, the Customer agrees not to:
- Send, or attempt to send, Spam of any kind from within the Supplier’s products, services or network;
- Send email messages which result in complaints from the recipient or from the recipient’s email provider, or which result in blacklisting of the sender’s email address or mail server;
- Send email messages which are excessive and/or intended to harass or annoy others;
- Continue to send email to a recipient that has indicated that he/she does not wish to receive it; or
- Take any actions intended to cloak the Customer’s identity or contact information, including but not limited to intentionally omitting, deleting, forging or misrepresenting message headers or return addresses.
In the absence of positive, verifiable proof to the contrary, the Supplier considers complaints by recipients of emails to be de-facto proof that the recipient did not either subscribe or otherwise request the email(s) about which a complaint was generated, or share a legitimate interest that would constitute a legal basis for email distribution in compliance with the GDPR.
Security
The Customer is prohibited from violating, or attempting to violate, the security of the Supplier’s application network. Any violations may result in criminal and civil liabilities to the Customer. The Supplier will investigate any alleged violations and will cooperate with law enforcement agencies if a criminal violation is suspected.
Examples of violations of the security of the Supplier’s application network include, but are not limited to: (i) accessing data not intended for the Customer, (ii) logging into a server or account which the
Customer is not authorised to access, (iii) attempting to probe, scan or test the vulnerability of a system, (iv) breach of security or authentication measures, (v) attempting to interfere with service to any user, host or network, or (vi) taking any action in order to obtain services to which the Customer is not entitled.
Illegal Use
The Supplier’s products, services and network may only be used for lawful purposes. For example, the Customers may not use the Supplier’s products, services and network to create, transmit, distribute, or store content that: (i) violates a trademark, service mark, copyright, trade secret or other intellectual property rights of others, (ii) violates export control laws or regulations, (iii) violates the privacy, publicity or other personal rights of others, (iv) impairs the privacy of communications, (v) contains obscene, offensive, unlawful, defamatory, harassing, abusive, fraudulent, or otherwise objectionable content as reasonably determined by the Supplier, (vi) encourages conduct that would constitute a criminal offence or give rise to civil liability, (vii) constitutes deceptive marketing, (viii) violates reasonable regulations of the Supplier or other service providers, (ix) causes technical disturbances to the Supplier’s products, services and network, or violates the policies of such networks, including, but not limited to, intentional introduction of any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data, or (x) assists, encourages or permits any persons in engaging in any of the activities described in this section. If the Customer becomes aware of any such activities, the
Customer is obligated to immediately notify the Supplier and take all other appropriate actions to cause such activities to cease.
Content
The Customer is responsible for all content that is transmitted, received and stored by the Supplier through the Customer’s use of the Supplier’s products and services. The Supplier takes no responsibility for content passing through or stored on the Supplier’s hosted servers, including but not limited to, viruses, mail floods or other disabling features, or content provided on third party websites that are linked to by content passing through or stored on the Supplier’s products, services and network. The Supplier does not adopt, nor warrant the accuracy of, the content of any linked Web site and undertakes no responsibility to update the content.
Copyright and Licensing
For the avoidance of doubt, it is the Customer’s responsibility to obtain any additional licences required from any Copyright Body as a result of the use of Monitoring Services.
The Customer agrees to ensure it will comply with the terms of any necessary or appropriate licences for its use of News Items and any other information appearing within the Product.
Unless licensed by the relevant Copyright Body or copyright owner the Customer shall not:
- further reproduce, copy (including electronically), distribute, display, sell, publish, broadcast, circulate, deliver or transmit Copies (whether in electronic or hard copy) either internally or to any third party so as to infringe the intellectual property rights vested in the relevant Copyright Body.
- use E-Fax software and/or equipment to receive Copies.
The Customer will destroy all Copies in respect of which the Customer has been notified directly or indirectly by the relevant Copyright Body as potentially or actually causing legal liability to third parties. The Customer will treat such notices as confidential.
All Copies, Transcripts, recorded material, article summaries and translations are supplied for the private use of the Customer and shall not be reproduced, circulated, resold or copied (whether in whole or in part) without the Customer obtaining the prior written approval where relevant of the copyright holder or broadcast authority (as the case may be).
The Customer hereby acknowledges that the Supplier is required under the terms of the licences that it has signed with the relevant Copyright Bodies to provide the Copyright Bodies with the Customer’s contact details.
For the avoidance of doubt, the Supplier shall not be responsible for obtaining any of the consents for the Customer referred to in this Clause 4. The Customer agrees to indemnify and keep the Supplier indemnified in respect of loss or expenses (including without limitation legal expenses) becoming payable or incurred by it by reason of any third-party claim or suit arising from any alleged failure of the Customer in this regard.
The Supplier will remain entitled to payment for all Items delivered whether or not the Customer has accessed the Item and shall not be responsible or liable for any loss suffered by the Customer in relation to any Items which have been deleted.
Both parties acknowledge that if the Supplier becomes aware that the Customer is involved in unlicensed activities, the Supplier is obliged to notify the relevant Copyright Body and cease to provide the Services to the Customer unless or until the Customer has obtained an appropriate licence from the relevant Copyright Body.
More information is available at the relevant websites:
Consequences of Unacceptable Use
The Supplier reserves the right to suspend or terminate Customer’s access to the Supplier’s products, services and network immediately, and without notice, if the Supplier determines the Customer is in violation of this policy. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on behalf of the Customer shall be considered violations of this policy by the Customer.
