1.1. This Mirabel Technologies Acceptable Use Policy (AUP) specifies actions prohibited by Clients of Mirabel Technologies, Inc. (Services). In this document the word Client refers to both the client and the client’s users.
1.2. This document and the Terms of Service in the Client Service Agreement are part of the legally binding relationship with Mirabel Technologies.
1.3. This AUP outlines the principles that govern use of the Service provided by Mirabel Technologies. By using the Service, the client agrees to comply with all parts of this AUP, and Mirabel Technologies may (notwithstanding our rights of suspension and restriction referred to below) terminate the client’s account if the client fails to comply with any of the same.
1.4. Mirabel Technologies may amend, modify or substitute this AUP at any time and any such modification, amendment or substitution shall be posted on the relevant web site and become automatically effective upon all Clients as from the date of posting.
2.1. Mirabel Technologies will take action if the Client abuses the Service provided. The actions taken may include:
- Formal warning by letter to the Client
- Suspension of client’s account (with or without notice), depending on severity of noncompliance
- Restriction of Client to access the Service
- Termination of the Client’s account
2.2. Notwithstanding Mirabel Technologies right to restrict, suspend or terminate the Service, if the Client breaches this AUP and/or our Terms of Service the Client may receive a formal warning from Mirabel Technologies specifying the noncompliance or unacceptable conduct and informing the Client that repeated breaches may result in the Service (or any part of Service) being temporarily or permanently withdrawn from the Client.
2.3. If, after the Client has received a formal warning in accordance with paragraph 2.2 above, the conduct continues to breach this AUP, then Mirabel Technologies will withdraw the Service until such time the Client has implemented appropriate steps to ensure the use of the Services will comply with this AUP.
2.4. If such a suspension is imposed, then this may be lifted at Mirabel Technologies’ discretion, upon receipt of a formal written letter from the Client stating not to commit any future relevant abuse. However, all cases will be considered individually (in Mirabel Technologies sole discretion) upon their merits.
The Client must not use the Services in any way that is unlawful or illegal or in any way is detrimental to the other Clients and users of the Service.
3.2. Mirabel Technologies does not place a limit on usage of the Service. In isolated cases where excessive usage of the Service is having a detrimental effect on other Clients using the Service, Mirabel Technologies may need to take appropriate action in accordance with the terms of this AUP to notify a Client of the impact they are having on the Service and require them to cease or diminish this activity.
3.3. Mirabel Technologies may take immediate action if it is determined a violation(s) has taken place. Mirabel Technologies will determine what action will be taken on a case-by-case basis. Note: Mirabel Technologies has a policy of open co-operation with all relevant authorities and regulators.
3.4. In addition to and without prejudice to the Client’s obligations pursuant to our Terms of Service, the Client agrees to comply with (and ensure that others using the Services comply with) all applicable laws, statutes and regulations in connection with the Services. As the User of record, the Client is responsible for all use of the account, irrespective of use without the Client’s knowledge and/or consent.
3.5. The Client is required to keep contact details provided to Mirabel Technologies up to date. Keeping such records up to date is important, as Mirabel Technologies may need to send notices or other information to the Client using this contact information.
4.1. The Client is prohibited from storing, distributing or transmitting through the use of the Service Prohibited Material. Examples of "Prohibited Material" shall be determined by Mirabel Technologies (acting in our sole discretion) and shall include (but are not limited to) material that:
4.1.1. is threatening, harassing, invasive of privacy, defamatory, racist, obscene, indecent, offensive, abusive, harmful or malicious;
4.1.2. infringes or breaches any third party's intellectual property rights (which shall include, but not be limited to copyright, trade mark, design rights, trade secrets, patents, moral rights, paternity rights and performance rights) - this includes the use, distribution and/or copying of any material without the express consent of the owner;
4.1.3. is in violation of any law or regulation that is enforceable in the United States;
4.2. For the avoidance of doubt, the storage upon and/or distribution over our systems by any Client or User of "pirated" software, or any other materials that are not expressly licensed to the Client, will constitute a violation of this AUP.
4.3. Mirabel Technologies reserve the right to inform and/or report the storage, distribution, transmission, retransmission or publication of Prohibited Material (and/or any other materials which may constitute unlawful conduct by Users) to relevant authorities and/or regulators, in addition to any action we may take as outlined in this AUP.
5.1. The Client is prohibited from using the Service to compromise the security, adversely affect or tamper with Mirabel Technologies system resources or other client accounts on our systems, or at any other site accessible via our systems, without the explicit consent of the owner of such account and/or site. Malicious use or distribution of tools designed for compromising security is prohibited.
5.2. The security of the services used by you from your home is your responsibility. It is the Client’s responsibility to ensure passwords are kept secure. We are not responsible for any negative consequences (e.g. lost or corrupted files) incurred by the Client’s failure to employ adequate security measures to prevent unauthorized access to the Client’s files.
5.3. The Client is responsible for the security of their own devices that are directly or indirectly connected to the Service. This includes, but is not limited to: PCs, wired and wireless home networking devices and games consoles.
5.4 Prohibited Actions:
5.4.1 System and Network Security: attempting to circumvent user authentication or security of any hosted account ("cracking"). This includes, but is not limited to, accessing data not intended for the Client, logging into a server or account the Client is not expressly authorized to access.
5.4.2 Disruption or Denial of Service Attacks (DoS). For the purposes of this section "disruption" includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload the service, any otherwise unspecified form of DoS attack, or attempts to "crash" our hosted Service using any program/script/command, or sending messages of any kind, designed to interfere with or adversely affect the Service.