1. Purpose; Changes
1.1 This Acceptable Use Policy (“Policy”) provided by Bad Robot (Pty) Ltd. t/a Starling Reese (also referred to herein as “we,” “bad robot,” “starling reese,” “us” or “our”) governs any use of our cloud computing services (including our CaaS offerings) (the “Service”). For purposes of the Policy, references to “you” or “your” refer to the individual(s) and entity(ies) using the Service, including Users (as defined below) and including entities referenced as “Client” in agreements that govern our CaaS offerings. The Policy describes important responsibilities, unacceptable practices, and limitations and restrictions on the use of the Service.
1.2 The Policy is intended to support secure and reliable use of the Service for you and other Starling Reese clients and users. You agree to comply with this Policy in connection with your use of the Service. You further agree that you will not authorise, encourage, promote, facilitate or instruct others to violate this Policy.
1.3 Starling Reese may amend this Policy from time to time by posting the updated version of this Policy at this URL or otherwise providing notice to you.
2.1 This Policy applies to all users of the Service, including users of applications and services that are made available by us, by you, or by others through our CaaS offerings (collectively, “Users”). If you enable or permit Users to access the Service, whether directly or indirectly (for example, if you use our CaaS offerings to make services available to other Users), then:
2.2 you will ensure that such Users have comprehensive knowledge of and comply with this Policy; and
2.3 you agree to include, in any contract between you and such Users governing access to the Service, terms and conditions that are no less restrictive than those set forth in this Policy.
2.4 You are responsible and liable for the acts and omissions of all Users that you enable or permit to access the Service or who access the Service directly or indirectly through you.
3.1 For purposes of this Policy, “User Credentials” means User log-ins and passwords that are used to access the Service, and include Credentials (as may be defined in any other agreement between you and Starling Reese for use of the Service). User Credentials must be kept confidential and stored securely so that unauthorised persons do not have access to them. If you become aware that the confidentiality of any User Credentials has become compromised, including due to unauthorised use, you will immediately inform us and will, if possible, temporarily suspend the affected account until new User Credentials are issued. We reserve the right to take any action that we deem necessary if any User Credentials have been compromised, which action may include suspending access to your account in whole or in part.
3.2 Each User must be assigned his or her own unique User Credentials, and no User may access the Service using another person’s User Credentials. Client will ensure that each User who receives User Credentials takes appropriate security measures with respect to such User Credentials, including by promptly changing any temporary passwords issued with such User Credentials.
3.3 You are responsible and liable for all interaction with the Service that occurs in connection with User Credentials issued to you or to any Users that you enable or permit to access the Service or who access the Service directly or indirectly through you.
4. Responsible Usage
4.1 We reserve the right to impose limits on your bandwidth or the data storage capacity available to you. If we do so, you agree that you will comply with all such limits. If you violate such limits or use a disproportionate share of the available bandwidth, we may limit or “throttle” your bandwidth or capacity usage or otherwise impose traffic management procedures on you.
4.2 You agree that you will not host or store any software, tools or other materials on our equipment, servers or Service that enable you to carry out any action prohibited by, or that otherwise violates, this Policy.
4.3 You agree that you will use industry-standard, up to date anti-virus software at all times when accessing the Service, and that you will not distribute, through or using the Service (including as part of Your Content, as defined below), any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or that may, or is intended to, damage or hijack the operation of, or monitor the use of, any hardware, software or equipment.
4.4 You agree that you will not use the Service to breach confidentiality obligations owed by you to any person or entity.
4.5 You agree that your use of the Service will not compromise the security or integrity of any network, equipment, system, software or device (including ours or those of our licensors, providers, clients, or other users).
4.6 You agree that you will not make any representations, warranties or guarantees with respect to Starling Reese or the Service, or make any statements regarding Starling Reese or the Service that are inconsistent with any other agreement between you and Starling Reese for use of the Service or with our stated policies and generally-available documentation.
5. Email Usage and Spam
5.1 You agree that you will not use the Service to distribute email or other communications in an improper or illegal manner. You further agree that you will not engage in the following activities through or in connection with the Service:
(a) transmitting hoax emails or chain emails;
(b) transmitting unsolicited commercial email (“spam”);
(c) enlisting a third party to transmit spam on your behalf;
(d) collecting responses from spam;
(e) transmitting mass emails to a list of recipients without giving them the ability to “opt out” of receiving future mass emails;
(f) harvesting email addresses or using or distributing any software designed to harvest email addresses;
(g) using open proxies or relays to send unsolicited commercial email;
(h) “spoofing” or falsifying header or transmission information;
(i) using deceptive subject headings;
(j) hosting any device or service that allows email to be sent between third parties not under your authority or control; or
(k) using another party’s electronic mail server to relay email without such party’s express permission.
5.2 All commercial email that promotes goods or services must comply with all applicable laws, rules, regulations, industry codes and similar guidelines, and each such email must contain, without limitation:
(a) a clear and easy to use opt-out process that allows the recipient to opt-out from all commercial emails from the sender. If a recipient of such a commercial email opts out of receiving future emails, that recipient’s email address must immediately be removed from the applicable mailing list and no further emails may be sent to such individual;
(b) a valid physical postal address and a valid email address;
(c) an indication that the message is an advertisement; and
(d) identification of the sender and subject matter at the beginning of the email.
5.3 You agree that you will not use the Service to operate a pyramid or Ponzi scheme, any other investment enterprise in which the investment of newer members of the scheme or enterprise funds the returns of older members, or any other “make-money-fast” scheme.
6. Unlawful and Other Prohibited Activities
6.1 You agree that you will use the Service in a lawful manner, and will not use the Service for any illegal activities.
6.2 You further agree that you will not:
(a) use the Service to conduct any denial of service, email bombing or similar attacks on any websites or services, or to conduct any hacking, cracking, phreaking or similar activities.
(b) use the Service to impersonate anyone (including any representative of Starling Reese), to falsely state or otherwise misrepresent your affiliation with any person or entity, to conduct “phishing” or similar activities or to commit identity theft.
(c) use the Service to intercept communications intended for any other person or entity.
(d) use any software, tools or other materials through or in connection with the Service that scan the Internet for weak firewalls or conduct dictionary or similar attacks using scripts designed to guess passwords or access codes.
(e) use the Service to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Service.
(f) use the Service to transmit any materials that would give rise to criminal or civil liability, that encourage conduct that constitutes a criminal offense, or that encourage or provide instructional information about unlawful activities or activities such as hacking, cracking or phreaking.
(g) use the Service to interfere with, or disrupt the operation of, the Service or to violate any requirements, procedures, policies or regulations of any networks used to make the Service available.
(h) use any means to avoid or circumvent any use or other limitations placed on your use of the Service, including bandwidth, storage and access restrictions.
(i) restrict or inhibit any other person or entity from using the Service (including by hacking or defacing any portion of the Service).
(j) except as otherwise expressly permitted in another agreement between you and Starling Reese for use of the Service, reproduce, download, frame, mirror, display, create derivative works of or otherwise modify all or any part of the Service.
(k) create a database by systematically downloading and storing Service content.
(l) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Service content; reproduce or circumvent the navigational structure or presentation of the Service; or use the Service to perform any of the foregoing activities in respect of any third-party service.
(m) use the Service to operate open proxies, open mail relays and other similar services.
(n) use, install or host on the Service any Public Software in a manner that could reasonably be expected to require, pursuant to the license applicable to such Public Software, that the Service (or any portion thereof) be:
(i) disclosed or distributed in source code form,
(ii) made available free of charge to recipients, or
(iii) modifiable without restriction by recipients.
6.3 For purposes of this Policy, “Public Software” means software or similar subject matter that is distributed under an open source license such as (by way of example only) the GNU General Public License, GNU Lesser General Public License, Apache License, Mozilla Public License, BSD License, MIT License, Common Public License, any derivative of any of the foregoing licenses, or any other license approved as an open source license by the Open Source Initiative, or any software or similar subject matter that is distributed under similar licensing or distribution terms.
6.4 In certain jurisdictions, breach of certain requirements of this Policy may be criminal or result in civil liability. If we are required to report any of your activities in connection with the services to any legal authority, we reserve the right to do so without notifying you.
7. Intellectual Property
7.1 You agree that you will not use the Service to infringe, misappropriate or otherwise violate any copyright, trade secret, patent, trademark, publicity or privacy right, or other intellectual property or proprietary right (collectively, “Rights”) of any third party. Before using, distributing, transmitting, performing, displaying, modifying, reproducing, uploading or downloading any material (including Your Content) through the Service, you must ascertain that such material is not subject to any third-party Rights or obtain the applicable Rights holders’ express written permission to do so. You agree that you will provide us with documentation of such written permission upon request.
7.2 We reserve the right to remove or block access to any material (including Your Content) uploaded, hosted or stored by you on or distributed, transmitted or sent by you through or using the Service if we suspect on reasonable grounds that it does or could infringe, misappropriate or violate any Starling Reese or third-party Rights.
8. Use of the Internet and Content
8.1 You are solely responsible for:
(a) determining the content and materials you choose to access on the Internet when using the Service, including the suitability, legality, quality and reliability of such content and materials; and
(b) any applications and other content, materials or data that you upload, host or store on or distribute, transmit or send through the Service, whether owned by you or a third party ((a) and (b), collectively, “Your Content”).
8.2 You agree that you will not use the Service to view or distribute unlawful, defamatory, obscene, indecent, pornographic, derogatory, sexist, racist, prejudiced, harmful, degrading, hateful, threatening, intimidating, harassing, fraudulent, deceptive, tortious or otherwise objectionable material (“Prohibited Material”).
8.3 You are solely responsible for taking all steps necessary (including the use of filtering programs) to avoid access to Prohibited Material.
8.4 You agree that you will not use or attempt to use the Service to make inappropriate contact with children.
8.5 You agree that you will comply with all applicable laws, rules, regulations, industry codes and similar guidelines with respect to your use of the Service, including those that require you to label or identify Your Content in any way.
9. Sharing Your Content With the Public
9.1 The Service may include functionality that allows you to share some or all of Your Content with other Users and the general public. If you decide to share Your Content on or through the Service, you do so at your own risk and we incur no liability arising from your having shared Your Content with any person or entity, or from any person’s or entity’s receipt of, access to, collection of, use of or disclosure of Your Content.
10. Cooperation With Authorities
10.1 Subject to any other agreement between you and Starling Reese for use of the Service, as part of our efforts to comply with the laws to which we and our affiliates are subject and any court orders and other directives that we or our affiliates may receive, we reserve the right to take any steps we deem necessary, with or without notice to you, including:
(a) making Your Content and other data and materials of or concerning you and your Users available to any law enforcement agency, regulator, authority or other appropriate third party;
(b) cooperating with investigations by such entities; and
(c) removing Your Content and such other data and materials from the Service and our equipment, network resources and servers.
You agree not to prevent or hinder us in taking such steps.
11. Suspension or Termination
11.1 Starling Reese reserves the right to investigate any violation of this Policy or any misuse of the Service, and to suspend your access to the Service, without notice to you, if you breach, or authorise, encourage, promote, facilitate or instruct others to breach, this Policy. If, in our sole discretion, we determine that the breach can be remedied and that it is unnecessary to suspend your access to the Service pending remediation of the breach, we may notify you to rectify the breach within the time period that we specify, and if the breach is not remedied within such time period, we reserve the right to suspend your access to the Service.
11.2 Starling Reese also reserves the right to suspend access to the Service if the Service is threatened or impaired in whole or in part, and to modify, remove, block or disable access to any materials available on or through the Service that violate this Policy or any other agreement between you and Starling Reese for use of the Service.
11.3 If we suspend your access to the Service and the reason for suspension is not corrected by you within seven (7) days, we may terminate your access to the Service, in which case we reserve the right to levy a reasonable fee against you for any costs incurred by us arising from such suspension or termination.
12.1 You agree that you will immediately notify us if you become aware of any violation of this Policy, and that you will provide us with any assistance we request to investigate, remedy or end such violation.
12.2 Starling Reese’s rights and remedies specified in this Policy, including our suspension and termination rights, are without liability to you or to any third party. Such rights and remedies and your obligations specified in this Policy are cumulative and in addition to, and not in lieu of, any other rights, remedies and obligations specified herein or in any other agreement between you and Starling Reese, or that are available to Starling Reese at law or otherwise.