Acceptable Use Policy

 

Who we are and how to contact us

www.iamcloud.com, www.iamcloud.net, www.tunedin.io are sites operated by IAM Technology Group Ltd and its subsidiaries (“We”). For address and contact information of our companies see our Jurisdiction Specific Terms.

To contact us, please email contact@iamcloud.com or telephone our customer service line on +44 (0) 118 324 0000.

1.1 This Acceptable Use Policy (as Updated from time to time) is incorporated into our Agreement pursuant to the Master Services Agreement Terms. It governs how the Customer, Authorised Affiliated and Authorised Users may access and use the Services and our website. It also governs how you use our website.

1.2 Defined terms in this Acceptable Use Policy shall have the meaning given in the Master Services Agreement Terms as applied by our Agreement and the same rules of interpretation apply. In addition, in this Acceptable Use Policy the following definitions have the meanings given below:

“Master Services Agreement Terms”	means the latest version of the document available at /master-services-agreement , as Updated from time to time; and
“Virus”	means any virus, disabling code (including code intended to limit or prevent any use of any software or system) or other malicious software (including malware, trojan horses, ransomware and spyware).

1.3 Use of the Services (or any part) or our website in any other way, including in contravention of any restriction on use set out in this Acceptable Use Policy, is not permitted. If any person does not agree with the terms of this Acceptable Use Policy, they may not use the Services and should leave our website.

By using our site you accept these terms

1.4 By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.

1.5 If you do not agree to these terms, you must not use our site.

1.6 We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

1.7 The other terms that apply to you are as follows:

1.7.1 Our website terms and conditions also apply to your use of our site.

1.7.2 Our Privacy Policy /privacy-policy/ 

1.7.3 Our Acceptable Use Policy herein, which sets out the permitted uses and prohibited uses of our site.  When using our site, you must comply with this Acceptable Use Policy.

1.7.4 Our Cookie Policy /cookies , which sets out information about the cookies on our site.

We may make changes to the terms of this policy

1.8 We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

2. Restrictions on use

• • As a condition of use of the Services and our website, the Customer (on its own behalf and on behalf of all Authorised Affiliates and Authorised Users) and each Authorised User agrees not to use our website or the Services nor permit them to be used:
    • for any purpose that is unlawful under any applicable law or prohibited by this Acceptable Use Policy or our Agreement;
    • to commit any act of fraud;
    • to distribute any Virus;
    • for purposes of promoting unsolicited advertising or sending spam;
    • to simulate communications from IAM or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
    • in any manner that disrupts the operations, business, equipment, websites or systems of IAM or any other person or entity (including any denial of service and similar attacks);
    • in any manner that harms or may endanger minors or any other person;
    • in connection with any service, use or purpose where the failure of the Services (or any part) may endanger the health or life of any person or cause damage or loss to any tangible property or the environment;
    • to promote any unlawful activity;
    • to represent or suggest that IAM endorses any other business, product or service unless IAM has separately agreed to do so in writing;
    • to gain unauthorised access to or use of any computers, data, systems, accounts or networks of any person;
    • in any manner which may impair any other person’s use of our website, the Services or use of any other services provided by IAM to any other person;
    • to attempt to circumvent any security controls or mechanisms;
    • to attempt to circumvent any password or user authentication methods of any person;
    • in any manner inconsistent with our Agreement, website terms, policies or any instructions provided by IAM from time to time; or
    • in any manner which does not comply with the provisions relating to Intellectual Property Rights contained in our Agreement.

3. Prohibited Uses

3.1 You may not use our site:

3.1.1 In any way that breaches any applicable local, national or international law or regulation.

3.1.2 In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

• For the purpose of harming or attempting to harm minors in any way.
• To bully, insult, intimidate or humiliate any person.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards [INSERT AS LINK TO CONTENT STANDARDS BELOW].
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• In any way that involves child sexual exploitation or abuse.
• To upload terrorist content.

3.2 You also agree:

3.2.1 Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use /website-terms-of-use

3.2.2 Not to access without authority, interfere with, damage or disrupt:

• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

• Video-sharing facilities
• Chat rooms
• Internet forums
• Social media

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

We do not store terrorist content.

Content standards

These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

IAM Technology Group Ltd will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Bully, insult, intimidate or humiliate.
• Promote sexually explicit material.
• Include child sexual abuse material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal content or activity.
• Be in contempt of court.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from [NAME OF COMPANY], if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• [Contain any advertising or promote any services or web links to other sites].

For the avoidance of doubt, for any Contribution in the form of video content:

• You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).
• You must not upload a video containing harmful material.
• You must not upload a video containing advertising for any of the following:
• cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
• for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
• Any advertising included in a video you upload must not:
• prejudice respect for human dignity;
• include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
• encourage behaviour prejudicial to health or safety;
• encourage behaviour grossly prejudicial to the protection of the environment;
• cause physical, mental or moral detriment to persons under the age of 18;
• directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
• directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
• exploit the trust of such persons in parents, teachers or others; or
• unreasonably show such persons in dangerous situations.
• You must use the functionality provided on our site to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.

4. Customer Data and communication standards

• • Any Customer Data or communication made on our website, on or using the Services by any person must conform to appropriate and lawful standards of accuracy, decency and lawfulness, which shall be applied in IAM’s discretion, acting reasonably. In particular, the user warrants and undertakes that any Customer Data and each such communication shall at all times be:
    • submitted lawfully and without infringement of any Intellectual Property Rights of any person;
    • free of any Virus (at the point of entering any of the Subscribed Service or Supplier’s systems);
    • factually accurate;
    • provided with all necessary consents of all relevant third parties;
    • not defamatory or likely to give rise to an allegation of defamation;
    • not obscene, seditious, vulgar, pornographic, sexually explicit, discriminatory or deceptive;
    • not abusive, threatening, offensive, harassing or invasive of privacy;
    • free of any content or activity that is, or may reasonably be suspected to be, terrorist in nature;
    • not racist, sexist or xenophobic;
    • not of a nature that any courts, regulators, law enforcement authorities or other governmental authorities may order be blocked, deleted, suspended or removed;
    • not liable to offend religious sentiments or deeply held beliefs; and
    • unlikely to cause offence, embarrassment or annoyance to any person.

5. Linking and other intellectual property matters

• • As a condition of use of our website or the Services, the Customer (on its own behalf and on behalf of all Customer Affiliates and Authorised Users) and each Authorised User or website user agrees not to:
    • create a frame or any other browser or border environment around the content of the Services or our website (or any part);
    • display any of the trade marks or logos used on the Services or our website without IAM’s permission together with that of the owner of such trade marks or logos; or
    • use IAM’s trade marks, logos or trade names in any manner.

6. Breach of this policy

6.1 When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

6.2 Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

6.2.1 Immediate, temporary or permanent withdrawal of your right to use our site.

6.2.2 Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.

• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

6.3 We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

7. How this contract can be transferred

7.1 We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.

8. Which country’s laws apply to any disputes?

8.1 If you are an individual, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

8.2 If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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