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Online Conduct Policy

Last Reviewed : 1 December 2023

THESE RULES SET OUT WHAT YOU CAN AND CANNOT DO WHEN USING THE SERVICES – PLEASE READ THEM CAREFULLY BEFORE USE

This Online Conduct Policy applies in addition to the terms of the Agreement and is incorporated by reference into, and made a part of, the terms of the Agreement. All capitalised terms used in this Online Conduct Policy shall have the meaning set out in the Reseller Agreement unless defined otherwise in this Online Conduct Policy.

By using or accessing the Services, the Partner agrees to be bound by the terms of this Online Conduct Policy. C2M reserves the right to amend this Online Conduct Policy from time to time and will notify the Partner by posting a revised copy of the Online Conduct Policy on its website here.

1. Use
The Partner shall not attempt to access any of C2M’s other systems, programs or data that are not made available for use in connection with the Services. The Partner shall be entitled to access and use only those modules and software applications of C2M that it purchases from C2M.

The Partner is responsible for all activities conducted under user logins and for user compliance with this Online Conduct Policy.

The Partner shall take all measures necessary to ensure compliance by all users authorised to access the Services under the terms of the Agreement, with the terms of this Online Conduct Policy.

The Partner shall not impersonate another user or provide false identity information to gain access to or use of the Services.

2. Restrictions
The Partner shall not use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Services.

The Partner shall not download, upload, publish, display or transmit via the Services any content that C2M reasonably believes: (i) constitutes child pornography or is otherwise obscene, sexually explicit or morally repugnant; (ii) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; (iii) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (iv) is defamatory or violates a person’s privacy; (v) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (vi) improperly exposes trade secrets or other confidential or proprietary information of another person; (vii) is intended to assist others in defeating technical copyright protections; (viii) clearly infringes another person’s trade or service mark, patent, or other intellectual property right; (ix) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (x) is discriminatory in any way, including by way of sex, race, or age discrimination; (xi) is otherwise illegal or solicits conduct that is illegal under laws applicable to C2M or the Partner; or (xii) is otherwise malicious, fraudulent, or may result in retaliation against C2M by offended viewers.

The Partner shall not use the Services to: engage in illegal, abusive, or irresponsible behaviour, including: (i) unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of the system or network; (ii) monitoring data or traffic on any network or system without the authorisation of the owner of the system or network; (iii) interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; (iv) use of an Internet account or computer without the owner’s authorisation, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning and port scanning; (v) forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; or (vi) any activity or conduct that is likely to result in retaliation against the Services.

The Partner will not: (i) distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (“spam”), including commercial advertising and informational announcements; (ii) alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission; and (iii) collect replies to messages sent from another internet service provider if those messages violate this Online Conduct Policy or the acceptable use policy of that provider.

3. Liability for Users
The Partner shall be liable for any breach of this Online Conduct Policy by any users of the Services. In addition to C2M’s other remedies hereunder, C2M reserves the right upon giving notice to the Partner to terminate any user’s right to access the Services if such user has breached any of the restrictions contained in this Online Conduct Policy.

4. Users
The Partner shall authorise access to and assign unique passwords to the number of users purchased by the Partner. User logins are for designated users and cannot be shared or used by more than one user, but any user login may be reassigned to another user as needed. The Partner will be responsible for the confidentiality and use of user’s passwords. The Partner agrees to immediately notify C2M if the Partner becomes aware of any loss or theft or unauthorised use of any of the Partner’s passwords or accounts, or any other known or suspected breach of security.

5. Monitoring of Content
C2M does not monitor, verify, warrant, or vouch for the accuracy or quality of the information that users may acquire over the Internet when using the Services. For this reason, users must exercise their best judgment in relying on information obtained from the Internet. Because C2M does not monitor or censor the Internet, and will not attempt to do so, C2M cannot accept any responsibility for injury to its Partners or their users that results from inaccurate, unsuitable, offensive, or illegal Internet communications. C2M does not review, edit, censor, or take responsibility for any information its users may create on the Internet. While C2M does not control or monitor the content of online communications, C2M may block access to content that it deems to be in breach of this Online Conduct Policy or that it otherwise deems to be unlawful, harmful or offensive, in its reasonable discretion.

6. Monitoring of Emails
C2M will not intentionally monitor private electronic mail messages sent or received by Partners unless required to do so by law, governmental authority, or when public safety is at stake. C2M may, however, monitor its Services electronically to determine that its facilities are operating satisfactorily. Use of the Services by Partners or users constitutes Partner’s and/or user’s authorisation to C2M to monitor the Services consistent with the foregoing sentence.

7. Disclosure of Content
C2M will cooperate with appropriate law enforcement agencies in investigating claims of illegal or inappropriate activity. C2M may disclose information, including but not limited to, information concerning a Partner or user, a transmission made using the Services, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. C2M assumes no obligation to inform the Partner or user that user-specific information has been provided to any person or entity. C2M may disclose user information or information transmitted via the Services where necessary to protect C2M and others from harm, or where such disclosure is necessary to the proper operation of the Services.

8. Reduction in bandwidth
If a Partner overloads the network (for example by using peer to peer or file sharing software), C2M reserves the right to manage the Partner’s bandwidth (which could result in reduced service speeds).

9. Suspension and Termination
C2M will determine, in its discretion, whether there has been a breach of this Online Conduct Policy through any use of the Services. When a breach of this Online Conduct Policy has occurred, C2M may take such action as it deems appropriate.

Failure to comply with any provision of this Online Conduct Policy constitutes a material breach of contract and may result in C2M:

• immediately (whether temporarily or permanently) withdrawing your access to the Services;
• immediately (whether temporarily or permanently) removing any posting or material uploaded by you to the Services;
• issuing a warning to you;
• taking legal proceedings against you for the reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• taking further legal action against you; and
• disclosing such information to law enforcement authorities either as required or as we reasonably feel is necessary.

C2M excludes all liability for its actions taken in response to breaches of this Online Conduct Policy. The responses described in this Online Conduct Policy are not limited, and C2M may take any other action it reasonably deems appropriate.

10. Use by Minors
The use of any of the Services by anyone under the age of 18 is prohibited. Any account holder permitting the use of their account by a minor shall be in breach of this Online Conduct Policy.

11. Contact
You may contact C2M in relation to any queries you have in relation to this Online Conduct Policy or any documents referred to in it. Please direct all queries to: partners@cloud2me.co.uk

Dated: 1st of December 2023

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