Acceptable Use Policy

Provisions on the Permitted Use of the Provider's Network and Services (Acceptable Use Policy)

This Acceptable Use Policy ("AUP") sets forth guidelines for the permitted use of the webalytics network and systems (the "Provider Network") and its services, software and products ("Services", together with the Provider Network referred to as the "Provider Network and Services") by the User and his clients (each referred to as the "User"). This list is not exhaustive and is intended primarily as an illustration of examples of conduct that the Provider deems inappropriate, improper, unlawful or harmful and therefore prohibits when using the Provider Network and Services. The policies and restrictions on the User's use of the Provider Network and Services as defined in this AUP shall apply equally to the User's employees and any other person or entity granted direct or indirect access to the Provider Network and/or Services by the User ("User"). By using the Provider Network and Services, the User acknowledges that he has read, understood and agrees to be bound by the terms of this AUP. The User represents and warrants (i) that his Users shall comply with this AUP and (ii) that the User will be liable for any failure of his Users or their Users to comply with this AUP.

General Rules of Conduct

The User agrees to use the Provider Network and Services in accordance with the terms of use permitted for the Provider Network and Services from time to time. The User may not provide third parties with access to the Provider Network and Services or use the Provider Network and Services in conjunction with or for the benefit of third parties without the express written consent of the Provider. The User may use the Provider Network and Services only for lawful purposes and in accordance with this AUP and the applicable Acceptable Use Policy for the networks accessed through the Provider Network and Services.

Responsibility for Content

The Provider assumes no responsibility for Content created, accessed or distributed on or through the Provider Network and Services. Provider does not monitor this content and does not exercise any editorial control. The User is solely responsible

  1. for all Content published or made available by the User and his Users through the Provider Network and Services; and
  2. for compliance with all laws governing the publication and distribution of such Content.

The client is solely responsible for keeping a copy of the content.

Inappropriate and Illegal Content

The User shall not transmit, distribute or store through the Provider Network and Services any Content that is reasonably determined by Provider to be inappropriate (including but not limited to online gambling), or Content that is illegal, offensive, obscene, pornographic, defamatory, incriminatory, discriminatory or libelous, or contrary to the generally accepted rules of the Internet community or inappropriate under applicable local moral standards. The User shall ensure that the use of the Provider Network and Services by the User and his Users and any Content transmitted, distributed or stored on the Provider Network does not violate any applicable domestic or foreign laws or regulations, including but not limited to content distribution, encryption or export laws, or the rights of any third party. The User shall not use the Provider Network and Services to transmit, distribute or store Content that contains viruses, worms, Trojan horses or other malicious code or components that may harm the Provider Network and Services, other networks or facilities, or his Users.

Intellectual Property

The User shall not use the Provider Network and Services in any manner that infringes, dilutes, misappropriates or otherwise violates any privacy or other personal or intellectual property rights, including, but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. If the User uses a domain name in connection with the use of the Provider Network and Services, such domain name shall not infringe any trademark, service mark or other rights of any third party.

Fraudulent and Misleading Content

The User may not use the Provider Network and Services to transmit or distribute Content that contains fraudulent offers for goods or services, or advertising or promotional Content that contains false, deceptive or misleading statements, claims or representations.

E-Mail and Spam

The User may not use the Provider Network and Services to send unsolicited email messages or USENET messages, including, without limitation, bulk commercial or informational messages ("Spam"). Furthermore, the Client is prohibited from using another provider's Service to send Spam or to advertise a site hosted on or connected to the Provider Network. In addition, the User may not use the Provider Network and Services to

  1. Send email messages or USENET messages that are excessive in size and/or intended to harass others, 
  2. Continue to send e-mail messages or USENET messages to recipients who have indicated that they do not wish to receive them, 
  3. Send e-mail messages or USENET messages with forged header information; or
  4. Send malicious e-mail messages or USENET messages, including, without limitation, "mail bombs".

The Provider reserves the right, in the event of complaints by third parties about violations of these e-mail and spam guidelines by the User or his Users, to charge the User for the working time incurred as a result in accordance with Provider's standard rates. Furthermore, the Provider is entitled to waiver the User's use of the Provider Network and Services and to terminate existing contracts extraordinarily.

Security Breaches

The User is prohibited from violating or attempting to violate the security of the Provider Network and Services or any third party network, system, server or account. This includes, without limitation, the following activities:

  1. Access to data, servers, accounts, databases, etc. for which the User has no authorisation,
  2. Impersonation as an employee of the Provider,
  3. Attempting to explore, interrogate and test the vulnerabilities of a network or system or to bypass security and authentication measures without proper authorisation,
  4. Attempting to interfere with, disrupt or disable the provision of service to a User, host or network, including, without limitation, by means of overloading, flooding, mailbombing, denial of service attacks, crashing or other criminal activity.
  5. Forging TCP/IP packet headers or sharing header information in email messages or newsgroup messages,
  6. Taking any action to obtain services to which that the User is not entitled; or
  7. Attempting to use a person's account name or identity without that person's consent.

The Client is also prohibited from taking any action to circumvent or manipulate the measurement or calculation procedures for Services. Violations of system or network security will be subject to civil or criminal prosecution.