This Acceptable Use Policy (this "Policy") governs the usage of Intervolve products and services (the "Services"). This Policy is incorporated by reference into each agreement Intervolve enters into with a client (the "Client") for the use of such Services. Intervolve may modify this Policy at any time without notice by posting it in the Intervolve website (http://www.intervolve.com.au/acceptable-use-policy/).
The purpose of this Policy is to enhance the quality of the Services and to protect Intervolve’s Clients, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Client and its employees, agents, contractors or other users of such Client who obtain Services from Intervolve (each such person being a "User"). Each User should use common sense and good judgment in connection with the Services.
3. Prohibited Uses.
3.1 Users may not:
(a) Utilise the Services to send unsolicited e-mail to third parties.
(b) Utilise the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:
(i) Utilise the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorisation;
(ii) Utilise the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
(iii) Utilise the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
(iv) Utilise the Services to export encryption software to points outside the Australia in violation of applicable export control laws; or
(v) Utilise the Services in any manner that violates applicable law.
(c) Utilise the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:
(i) Utilise the Services to publish or disseminate information that constitutes slander, libel or defamation, publicises the personal information or likeness of a person without that person's consent or otherwise violates the privacy rights of any person.
(ii) Utilise the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
(d) Utilise the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:
(i) Utilise the Services to cause denial of service attacks against Intervolve or other network hosts or Internet users or to otherwise degrade or impair the operation of Intervolve and facilities of Intervolve and facilities of other network hosts or Internet users;
(ii) Utilise the Services to subvert, or assist others in subverting, the security or integrity of any Intervolve systems, facilities or equipment;
(iii) Utilise the Services to gain unauthorised access to the computer networks of Intervolve or any other person;
(iv) Utilise the Services to provide passwords or access codes to persons not authorised to receive such materials by the operator of the system requiring the password or access code;
(v) Utilise the Services to forge the signature or other identifying mark or code of any other person, impersonate or assume the identity or any other person, or engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames);
(vi) Utilise the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
(vii) Utilise the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorised system administrator);
(viii) Utilise the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
(ix) Utilise the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
(x) Utilise the Services in any manner that might subject Intervolve to unfavourable regulatory action, subject Intervolve to any liability for any reason, or adversely affect Intervolve’s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Intervolve in its sole discretion; or
(xi) Utilise the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
Intervolve expressly disclaims any obligation to monitor its Clients and other Users with respect to violations of this Policy. Intervolve has no liability or responsibility for the actions of any of its Clients or other Users or any content any User may post on any Web site.
4.2 Reporting Non-Copyright Violations.
Intervolve encourages Users to report violations of this policy by email including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail. Emails are to be directed to email@example.com.
If Intervolve learns of a violation of this Policy, Intervolve will respond to the applicable Client and may, in Intervolve’s sole discretion, take any of the following actions, in accordance with the severity and duration of the violation (but is not obligation to do so):
(a) Warning the Client;
(b) Suspending the offending Client from the Services;
(c) Terminating the offending Client from the Services;
(d) Imposing fees or charges on the offending Client account in accordance with the applicable service schedule or order for service;
(e) Removing the offending content;
(f) Taking other action in accordance with this Policy, the applicable service contract or applicable law.
5. Microsoft Software Licensing
5.1 Microsoft Software Licensing Introduction
This clause governs the use of Microsoft software, which may include associated media, printed materials, and “online” or electronic documentation (individually and collectively, “Microsoft Products”) provided by Intervolve. Intervolve does not own the Microsoft Products and the use thereof is subject to certain rights and limitations of which Intervolve must inform you. Your right to use the Microsoft Products is subject to the terms of your agreement with Intervolve, and to your understanding of, compliance with, and consent to the following terms and conditions, which Intervolve does not have authority to vary, alter, or amend.
5.2 Microsoft Software Licensing Definitions
“Client Software” means software that allows a Device to access or utilize the services or functionality provided by the Server Software.
“Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone,” server or other electronic device.
“Server Software” means software that provides services or functionality on a computer acting as a server.
“Software Documentation” means any end user document included with server software.
“Redistribution Software” means the software described in Clause 5.5 below.
5.3 Ownership of Microsoft Products
The Microsoft Products are licensed to Intervolve from an affiliate of the Microsoft Corporation (collectively “Microsoft”). All title and intellectual property rights in and to the Microsoft Products (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Microsoft Products) are owned by Microsoft or its suppliers. The Microsoft Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Microsoft Products does not transfer any ownership of the Microsoft Products or any intellectual property rights to you.
5.4 Use of Client Software
You may use the Client Software installed on your Devices by Intervolve only in accordance with the instructions, and only in connection with the services, provided to you by Intervolve. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during your use of the Client Software.
5.5 Use of Redistribution Software
In connection with the services provided to you by Intervolve, you may have access to certain “sample,” “redistributable” and/or software development (“SDK”) software code and tools (individually and collectively “Redistribution Software”). You may not use, modify, copy, and/or distribute any redistribution software unless you expressly agree to and comply with certain additional terms contained in the Services Provider Use Rights (“SPUR”) applicable to Intervolve, which terms must be provided to you by Intervolve. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by Intervolve.
5.6 Copies of Microsoft Software
You may not make any copies of the Microsoft Products; provided, however, that you may (a) make one copy of Client Software on your Device as expressly authorized by Intervolve; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with Intervolve, upon notice from Intervolve or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the Microsoft Products.
5.7 Limitations on Reverse Engineering, Decompilation and Disassembly
You may not reverse engineer, decompile, or disassemble the Microsoft Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.
5.8 No Rental of Microsoft Software
You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Microsoft Products to any third party, and may not permit any third party to have access to and/or use the functionality of the Microsoft Products except for the sole purpose of accessing the functionality of the Microsoft Products in the form of software services in accordance with the terms of this agreement and any agreement between you and Intervolve.
Without prejudice to any other rights, Intervolve may terminate your rights to use the Microsoft Products if you fail to comply with these terms and conditions. In the event of termination or cancellation of your agreement with Intervolve or Intervolve’s agreement with Microsoft under which the Microsoft Products are licensed, you must stop using and/or accessing the Microsoft Products, and destroy all copies of the Microsoft Products and all of their component parts.
5.10 No Warranties, Liabilities or Remedies by Microsoft
Any warranties, liability for damages and remedies, if any, are provided solely by Intervolve and not by Microsoft, its affiliates or subsidiaries.
5.11 Product Support
Any support for the Microsoft Products is provided to you by Intervolve and is not provided by Microsoft, its affiliates or subsidiaries.
5.12 Not Fault Tolerant
The Microsoft Products may contain technology that is not fault tolerant and are not designed, manufactured, or intended for use in environments or applications in which the failure of the Microsoft Products could lead to death, personal injury, or severe physical, property or environmental damage.
5.13 Export Restrictions
The Microsoft Products are subject to U.S. export jurisdiction. Intervolve must comply with all applicable laws including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
5.14 License Mobility via Software Assurance
You cannot install Microsoft software without License Mobility. If you believe you have software which provides License Mobility, you require to obtain forms from Intervolve, which require to be formally lodged and accepted with Microsoft prior to any use of your software. Installation of any product without formal license mobility procedures and acceptance by Microsoft will be deemed as unlicensed use of products, with fees payable for such unauthorised use.
5.15 Microsoft Obligations and Microsoft EULA (End User License Agreement) Acceptance
By using any Microsoft applications (including the Windows Operating System) on any system(s) with software provided by Intervolve, you accept the EULA (End User License Agreement) for the software by Microsoft, which may be modified from time to time. In the case of any breach of this Clause 5 or any corresponding Microsoft End User License Agreement determined by Intervolve, the Client is required to rectify the issue promptly upon the request of Intervolve. Any liabilities or financial consequences incurred by Intervolve in the event that the End User breaches either or both this Clause 5 of the Acceptable Use Policy and/or the Microsoft End User License Agreement, are responsibility of the Client, and require to be paid to Intervolve upon the request of Intervolve.
5.16 Microsoft Per User Licensing
In the case of per user licensing of Microsoft software, all user accounts on the Microsoft operating system are accounted for as a part of the license usage, unless the user account is disabled. Failure to disable the user account, even if there is no recorded usage, will not exclude the user as an active user and such users will be accounted for as part of any licensing review or audit.
5.17 Ability To Audit Microsoft Software
Intervolve reserves the right to access the server operating system for the purpose of audit of the Client’s Microsoft software, and ensure the correct compliance of all Microsoft licensing and Intervolve and the Client’s obligations in the use of the Microsoft Software. The Client is obliged to notify Intervolve of any modifications to the access credentials of any operating system(s), for access by Intervolve. When performing an audit, Intervolve may require to access the environment, or may also install software that reports periodic software licensing results back to Intervolve. If such software has been installed, this should not be disabled.
5.18 Installation of Other Microsoft Products
You must notify Intervolve prior to installing any Microsoft products that have not been provided by Intervolve. You may not install your own Microsoft products onto the Microsoft software provided by Intervolve until permission has been provided to you by Intervolve.
5.19 Disclosure of Information During Audit
Where necessary, Intervolve may be required to disclose limited information to Microsoft and/or Microsoft Agents, including your Company name, your designated personnel contact details and software existing on the Microsoft software provided by Intervolve to Microsoft and/or Microsoft Agents.
5.20 Usage Rights and Restrictions
All Microsoft Software must abide by the SPUR (Service Provider Use Rights) document for SPLA (Service Provider License Agreement) as provided on the Microsoft website, with the current URL link existing at: http://www.microsoftvolumelicensing.com/DocumentSearch.aspx?Mode=3&DocumentTypeId=2. In the case of any breach of Microsoft SPUR determined by Intervolve, the Client is required to rectify the issue promptly upon the request of Intervolve. Any liabilities or financial consequences incurred by Intervolve in the event that the End User breaches the Microsoft SPUR, are responsibility of the Client, and require to be paid to Intervolve upon the request of Intervolve.
5.21 Microsoft SQL Server Web Edition Usage
Usage of Microsoft SQL Server Web Edition is limited to use only with software to support public and Internet accessible web pages, web sites, web applications and web services. This product may not be used to support line of business applications including customer relationship management, enterprise resource management and other similar applications. Any application which does not qualify must use an alternative product license suitable for the application.
5.22 Liability for Breach of Clauses 5 contained within this Acceptable Use Policy
In addition to any liability you may have to Intervolve, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions. You remain liable for payment of any penalties or payments incurred by Intervolve for your breach of this Acceptable Use Policy.
5.23 Microsoft Reporting
You are obliged to correctly report Microsoft license usage as required from time to time, to Intervolve, and/or to provide Intervolve with access credentials to systems to determine Microsoft license usage, whether licensed under SPLA, a Microsoft Volume Licensing Agreement, License Mobility with Software Assurance, or any other form of valid Microsoft Licensing framework.
5.24 Infringement of Clauses 5 Contained Within This Acceptable Use Policy
Intervolve is duty bound to report any infringements of Microsoft Licensing policies including, but not exclusively limited to, suspected counterfeiting, piracy, or other intellectual property infringement in computer programs, manuals, marketing materials, or other materials owned by Microsoft.
6. Reservation of Rights
Intervolve reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Intervolve’s Services, Clients and other Users. Intervolve reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations.
Intervolve may utilise technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Client agrees that Intervolve is authorised to monitor its communications through Intervolve’s networks for such purposes.