1. Acceptable use of Services
1.2 You are solely responsible for: (i) the content, materials and data that you create outside an MCP and upload to and process on an MCP; (ii) the content, materials and data that you create through your use of the Services; and (iii) applications and other software that you install on an MCP (together “Client Content”).
1.3 This TOUP applies to all uses of any MCP and Services including use resulting from or involving Client Content.
1.4 You will comply with all applicable laws and regulations when using the Services and will not allow any illegal or improper use of the Services.
2. Changes to TOUP
2.1 We may change this TOUP from time to time by posting the updated version of this TOUP or otherwise providing notice to you. If you do not agree with the change you must stop using the Services. If you continue to use the Services following a change to this TOUP you will be deemed to have accepted the change.
3. TOUP applies to all Users
3.1 This TOUP applies to the use of the Services by all your users, your customers, third party service providers and other end-users (“Users”). You are responsible for the acts and omissions of all Users.
4.1 We reserve the right to impose limits on the bandwidth or the data storage capacity available to you. If we do so, you agree that you will comply with these limits. If you exceed these limits or use a disproportionate share of the available bandwidth, we may limit or “throttle” your bandwidth or capacity usage or impose traffic management procedures.
4.2 You may not circumvent any limits that we place on your use of the Services.
5. Email and communication Spam
5.1 You may not use the Services to distribute email, instant messages, text messages or other communications in an unacceptable or illegal manner. For example, you may not:
(a) create or send hoax emails or chain emails;
(b) send unsolicited commercial email or bulk email or bulk SMS (“spam” or “spamming”);
(c) harvest and sell email addresses;
(d) use open proxies or relays to allow spamming; or
(e) impersonate someone else (“spoofing”) or falsify message header information.
5.2 All commercial email promoting goods or services you send using the Services must comply with all applicable laws, rules, regulations, industry codes and similar guidelines.
6.1 You may not use the Services or allow the Services to be used to:
(a) gain unauthorized access to computer systems or engage in security attacks of any kind including:
(i) against trust (such as email spoofing, password cracking, IP spoofing and DNS poisoning);
(ii) against confidentiality and integrity (by using malware such as computer viruses, worms, trojan horses, rootkits, keyloggers, spyware or and other malicious programs and code); or
(iii) against availability (such as denial of service and email bombs)
(b) corrupt, modify or intercept electronic communications intended for any other person or entity; or
(c) interfere with or disrupt the operation of an MCP or the Services.
6.2 You may not avoid any limitations we place on your use of the Services.
7. Abuse and Illegal Behaviour
7.1 You may not use the Services to:
(a) conduct or engage in any illegal business or activity;
(b) infringe any third party intellectual property right (for example copyright, patents, trademark, trade secret or know-how);
(c) collect, copy or process information in a way that breaches data protection laws or leads to a wrongful breach of privacy; or
(d) create, distribute, process or view any: (i) defamatory; (ii) obscene, indecent or pornographic; (ii) racist, sexist or otherwise discriminatory; (iv) misleading, deceptive or fraudulent; or (v) otherwise objectionable, offensive or illegal material.
8. Law Enforcement
8.1 We reserve the right at any time and without notice to investigate any suspected breach of this TOUP or misuse of our Services.
8.2 We may block access to Client Content or remove it from the Services if we have reasonable grounds to suspect that it breaches this TOUP.
8.3 We may be required to cooperate with courts and judicial bodies, police and law enforcement authorities, regulators and other appropriate third parties to help with the investigation and prosecution of illegal conduct. This cooperation may include disclosing information and data about MCPs and the Services to them and providing them with information about your use of the Services and Client Content when we are legally required to do so.
9. Suspension or Termination
9.1 If you breach this TOUP or misuse the Services or allow others to do so, we may suspend or terminate your use of the Services.
9.2 If we decide that the breach can be remedied without suspending your access to the Services, we will request you to remedy the breach within the time period that we specify. If the breach is not remedied within that time period, we reserve the right to suspend your access to the Service.
9.3 If we suspend your access to the Service we may terminate your access to the Service if you do not correct the reason for suspension within seven days of the suspension.
10. Reporting Breaches
You will immediately notify us if you become aware of any breach of this TOUP and assist us to investigate or remedy the breach.
11. Free Trial
Continuon may make all or part of the Continuon Platform available on a trial basis free of charge (the “Free Trial”). The Free Trial shall begin when you submit a registration for same to Continuon, and shall terminate on the Free Trial expiration date as specified by Continuon upon completing your registration.
After the free trial period, you may choose to upgrade to one of the available Continuon Plans. Your nominated credit or debit card will be charged monthly in the amount specified on the upgrade page and within your account profile.
You may cancel your subscription at any time from your account profile. Once cancelled, you will still have access to the Continuon Platform until the end of the current billing month. Continuon reserves the right to cancel your subscription at any time.
14. Third Party Applications
By using Continuon, you accept that the platform may make use of or integrate various third party applications or services. You further accept that in order to make use of such third party applications, your data may be provided to them from time to time. Continuon shall not be responsible or liable for any disclosure, modification or deletion of your data resulting from any such access by third party application providers.
Continuon does not share data with any party other than third party applications specified in item 14 required for the operation of the platform.
16. Disclaimer of Warranties; Limitation of Liability
16.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
16.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
16.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
16.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
16.5 In no case shall Continuon, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
17. Entire Agreement
This Agreement, and any written amendments or additions thereto, constitutes the entire agreement and sets forth the entire understanding between you and Continuon with respect to the subject matter hereof and supersedes all prior agreements and discussions with respect thereto.
18. Changes to this Policy