Acceptable Use Policy
1. General Consideration
The following provisions, also referred to hereinafter as the “Acceptable Use Policy”, are intended to ensure responsible use of the Internet, Infrastructure and Services, and to avoid practices that disrupt the use and performance of the data communications infrastructure and/or
network provided by OKAPI, or a third party (hereinafter referred to as the “Network”).
These provisions constitute a policy for the use of the infrastructure and the Network that is considered acceptable.
Customer agrees at all times to comply fully with this Acceptable Use Policy and, upon request by OKAPI, Customer will confirm its
compliance with this policy.
2. General principle
2.1 The Customer may only use the Network and the infrastructure for lawful purposes. Use of the Network or infrastructure in violation of any applicable law or regulation is strictly prohibited. This includes, but is not limited to, the transmission of copyrighted material without the consent of the copyright owner, material that would constitute an invasion of privacy of third parties or that would be abusive, harmful, obscene or that could constitute an infringement and material protected by trade secret, regardless of whether the Customer was aware of the content of the transmitted material or the applicable law.
2.2 OKAPI reserves the right to immediately remove any inappropriate material or data and to block customer’s use of the relevant part(s) of the Network where its use or purpose does not comply with this Acceptable Use Policy.
2.3 OKAPI will not disclose Customer’s email addresses or other personally identifiable information to any third party without Customer’s prior written consent. Exceptions are made in the context of legal investigations to which OKAPI will fully cooperate.
3. The Network
3.1 The Network may be used by customer to connect to other networks around the world and Customer agrees to comply with the acceptable use policies of such networks. Customers who violate the security of a system or network are subject to criminal or civil liability. OKAPI will cooperate fully with law enforcement authorities in their investigation of possible criminal offenses or system or network security violations.
3.2 The Customer is not allowed to:
- override Internet protocols and standards ;
- circumvent user authentication or the security of any host, network, or account account (referred to as “hacking”), including any attempt to attempt, scan or test the vulnerability of any system, network or account, nor interfere with the service provided to any user, host or network (referred to as a “denial of service attack”)
- Control data or traffic on any network or system without the express permission of the system or network owner;
- Use IP multicast other than by means provided and coordinated by OKAPI.
4. Shared Infrastructure
4.1 Our Acceptable Use Policy means that we do not apply any limits to the use of our shared infrastructure. We consider average usage by our customers to be reasonable and proportional to the amount of product purchased. As long as your usage does not cause any overload for other customers, your usage limit is not exceeded.
4.2 The Acceptable Use Policy is designed to ensure that the use of our products remains consistent with the design rules and fundamental ideas. Our offer is designed in such a way that no overload can be noticed in case of acceptable
use.
4.3 In practice, the application of our policy regarding the use of our shared infrastructure implies that :
– It is first and foremost important to inform OKAPI as fully as possible about your wishes and expectations, so that OKAPI can offer you the most suitable solution;
– As soon as OKAPI considers that your use is excessive, you will be notified;
– In the event of excessive use, OKAPI will consult you in order to find a more a more appropriate solution;
– Your use may be restricted to limit the overload that could affect other customers customers;
– The decision as to whether your use is consistent with reasonable and proportionate use rests entirely with OKAPI.
5. Electronic Communication
5.1 The Customer may not send e-mails or other forms of electronic communication to persons who have not agreed to receive such communications. It is strictly forbidden to send any kind of unsolicited electronic messages (“junk mail” or “spam”) in mass (commercial advertisements, political leaflets, announcements …) or to post the same messages or similar messages to a large number of media groups (excessive cross-posting or abusive multi-posting, also called “Usenet spam”).
5.2 Customer may not forward or propagate chain letters or malicious emails.
5.3 Any addition, removal or modification by the Customer of identifying information in the network headers in order to deceive or mislead is prohibited. Customer will not attempt to impersonate any person through forged headers or other identifying information.
6. Appeal
6.1 Without prejudice to Section 2.2 of this Acceptable Use Policy, OKAPI reserves the right to suspend the Services related to the relevant Service Request:
– if OKAPI becomes aware of a violation of this Policy that is not immediately remedied by Customer after written notice from OKAPI;
– if OKAPIE is obliged to comply with an order, instruction or request from a competent law enforcement authority.
6.2 A breach of this Acceptable Use Policy shall, for the sake of clarity, be considered a material breach under the Terms and Conditions of this Agreement.
7. Compensation
The Customer shall not assign and shall indemnify OKAPI for (i) third party claims relating to any content or material based on OKAPI’s network or infrastructure; (ii) violation of any applicable laws or regulations, including but not limited to money laundering or similar regulations; and (iii) violation of rules governing the use of the Internet (including but not limited to any violation of this Acceptable Use Policy) by Customer.