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Acceptable Use Policy

Smileupps Acceptable Use Policy

Premises

The failure to comply with this AUP will result in immediate suspension or interruption of a Service in accordance with the terms and conditions of supply relating thereto. All requests for information regarding the content of this document should be addressed by opening a ticket on page https://cloud.smileupps.com/support.

Breaches

It is forbidden the use the Evernew network and services in order to establish and/or promote illegal, abusive or irresponsible conduct, including:

  • Unauthorised access or unauthorised use of data, systems or networks, including any attempt to probe, examine or test the vulnerability of a system or network or to breach security or authentication measures without the express authorisation of the owner of the system or network;
  • Implementing activities that interfere with the use of the Service to any user of it, including, but not limited to, attacks using pirated software, cracks, key generators, serials, computer attacks of any kind including DOS attacks, viruses or other harmful components or deliberate attempts to overload a transmission system;
  • The collection or use of email addresses, names or other identifiers without the consent of the person concerned (including, without limitation, spam, phishing, internet scams, password theft and spidering);
  • The collection or use of third party information without the consent of the owner of the information;
  • The use and/or dissemination of any false, misleading or deceptive information also, by way of example but not limited to, via email or a newsgroup;
  • The use of the service for the distribution of software that fraudulently collects information about a user or fraudulently transmits user information;
  • Offer information to the public (textual or graphic) harmful to Evernew's image through the services that are available

Use of the system's resources

The user may not use the service in a way that interferes with the normal operation of Evernew services. In these circumstances, Evernew may ask to restore the level to normal, at its sole discretion, where such use is not in harmony with the use of the other users. The user undertakes not to use faulty or equipment that does not comply with European standards or that has malfunctions that can damage the integrity of the network and/or disrupt Services and/or create risks to the physical safety of people. Evernew does not actually guarantee the compatibility of the equipment and programs (hardware and software) used by the Customer with the service, as all the relevant checks are the exclusive responsibility of the Customer.

Commercial emails.

The dissemination of commercial messages is prohibited if it cannot be demonstrated that:

  • The recipients have given their consent to receive email messages via an express opt-in procedure;
  • The collection of consent procedures include appropriate tools to ensure that the consenting person is the holder of the email address for which the consent was provided;
  • Proof of the recipient's consent is kept in a form that can be readily produced upon request by the recipient responsible for the Evernew requests with respect to producing proof of consent within 72 hours of receipt of a request for it;
  • The application of procedures that enable a recipient to revoke their consent, such as, by way of example and not exhaustively, a link in the body of the email or instructions to reply with the word "Remove" in the subject line, and being able to comply with the withdrawal of consent within 48 hours of receipt, by informing recipients that the withdrawal of their consent will be processed in 48 hours;
  • An email address for complaints is always highlighted in a clearly visible place on each website that is associated with the email, and messages sent to this address are promptly checked; Obscuring the sender of the email in any way is not permitted. The sender's email address will have to appear in the body of the message or in the "From" line of the email;

These provisions apply to messages sent via the Service, or for messages sent by any network by the user or by any person on their behalf that directly or indirectly refer to the recipient of a site hosted by using the Services. In addition, you will not be able to use a "third party" email service that does not apply similar procedures to all of their customers. These requirements apply to the same extent to distribution lists created by third parties as if the list had been created by the Customer. Evernew reserves the right to check and monitor compliance with the provisions listed above at any time, even with a request for information with a sample by means of an opt-in method. Evernew may suspend the transmission of email messages that violate these provisions

Vulnerability testing

The user shall not, in any way attempt to probe, investigate, penetrate or test the vulnerability of the Evernew network system or violate Evernew's security or the authentication procedures, either with passive or invasive techniques, without the express written consent of Evernew, nor, in the same way, will they be able to perform these activities by means of the service provided by Evernew in respect of networks and/or information belonging to third parties without their express consent.

Newsgroups, forums and other networks

The Customer acknowledges and agrees that the content of commercial messages, messages on any electronic bulletin board, group chat or other forum the the Customer participates in such as, but not limited to, IRC and USENET groups, will be subject to compliance with the laws and regulations. Also, the Customer should comply with the rules of any other (network or circuit) that they access or participate in using the Evernew services.

Offensive content

The Customer is forbidden from posting, transmitting or storing any content or links to content on or via the network and the Evernew equipment that Evernew considers reasonably to:

  • Constitute, depict, encourage, promote, or relate in any way to paedophilia, racism, bigotry, or pornography that are not included in compliance with the regulations in force on the matter and accessible only to persons of the appropriate age;
  • Be excessively violent, incite violence, and contain threats, harassment or expressions of hatred;
  • Be unfair or deceptive in relation to consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • Be defamatory or violate the privacy of a person;
  • Create a personal health or safety risk, pose a risk to public safety or public health, compromise national security or interfere with investigations by the Judicial Authority;
  • Improperly disclose trade secrets or other confidential or proprietary information belonging to third parties; • have the purpose of helping third parties to circumvent copyright;
  • Infringe on the copyright of third parties, trademarks, patents or other proprietary rights of others;
  • Promote illegal drugs, violating export control laws, relate to illegal gambling or illegal arms trafficking;
  • Be otherwise illegal or solicit illegal conduct according to the laws applicable in the relevant jurisdiction of the Customer or Evernew;
  • Be otherwise malicious, fraudulent or be able to bring legal action against Evernew.

Content "published or transmitted" through the network or Evernew infrastructure includes Web content, email, chat and any other type of publication or transmission that relies on the Internet.

Copyrighted material

Using the Evernew network to download, publish, distribute, copy or use in any way any work of text, music, software, art, images or other items protected by copyright is prohibited with the exception of cases, in which:

  • It has been expressly authorised by the copyright owner;
  • It is otherwise permitted by the applicable copyright laws in the relevant jurisdiction.

Final provisions

  • The Customer undertakes to communicate their personal data to Evernew, deemed necessary for the complete and correct execution of the contract; they also guarantee under their own personal and exclusive responsibility, that these data are correct, updated and accurate and that they enable their true identity to be identified. The Customer undertakes to communicate any change to the data provided to Evernew, promptly and in any case no later than 15 (fifteen) days from the occurrence of the afore-mentioned change, and also to provide at any time, at the request of Evernew, adequate proof of their identity, their domicile or residence and, if appropriate, their quality as legal representative of the legal person applicant or owner of the Service. Upon receipt of the afore-mentioned communication, Evernew will ask the customer for additional documentation to demonstrate the changes reported. If the Customer fails to provide to Evernew with the afore-mentioned notice or the required documentation, or if the Customer has provided Evernew with data that is false, not up-to-date or incomplete, or data that Evernew has reason, at its sole discretion to assume them to be such, Evernew reserves the right to:

  • Reject the request made by the Customer regarding the operations to be carried out in reference to the Service;

  • Suspend the services with immediate effect, without notice and for an indefinite period of time;
  • Cancel and/or discontinue any of the data change operations associated with the Service without notice;
  • Terminate the contract

  • The Customer agrees that if the public IP addresses assigned to their account are on a black-list (abuse database) like the one found athttp://www.spamhaus.org, the Customer will automatically be in violation of this AUP; consequently, Evernew will take all the measures it deems necessary to protect their IP addresses, including suspension and/or termination of service, regardless of the fact that the IP addresses have been reported/entered in a black-list for reasons attributable to the Customer;

  • The Customer accepts that any data that is stored on a shared system can be quarantined or deleted if the data are infected by a virus or otherwise corrupt, and have, at the sole discretion of Evernew, a potential to infect or cause damage to the system or data of other Customers that are entered in the same infrastructure.
  • The Customer undertakes to observe the rules for the correct use of network resources commonly referred to as "netiquette",

SLA

No refund set out in the annex "Service Level Agreement" from Evernew will be granted for interruptions to service resulting from violations of this AUP.