Metric Acceptable Usage Policy
This AUP is a description of types of activities that are not allowed on the Metric® Platform. The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, we may from time to time amend this AUP to further detail or describe reasonable restrictions on your use of the Platform.
This AUP forms part of the terms of your Agreement with us and your Services may be suspended or terminated for breach of this AUP. You are responsible for violations of this policy by you or anyone using your Service, whether authorised by you or not. If you have any questions, please contact us at [email protected]
1. Internet Abuse
You may not use our network to engage in illegal, abusive, or irresponsible behaviour, including:
1.1 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;
1.2 monitoring data or traffic on any network or system without the authorisation of the owner of the system or network;
1.3 interference with Service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
1.4 use of an Internet account or computer without the owner’s authorisation;
1.5 collecting information by deceit, including, but not limited to Internet scamming (tricking other people into releasing their passwords), password robbery, phishing, security hole scanning, and port scanning;
1.6 use of any false, misleading or deceptive TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting;
1.7 use of the Service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
1.8 any activity or conduct that is likely to result in retaliation against our network;
1.9 any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations including data protection;
1.10 introducing intentionally or knowingly into the Service any virus or other contaminating program or fail to use an up to date virus-scanning program on all material downloaded from the Services;
1.11 sending unsolicited e-mails (“spam”);
1.12 misrepresenting yourself as other computer networks and users; or
1.13 any activity or conduct that unreasonably interferes with our other customers’ use of our Services.
1.14 use of the Metric Platform to breach the Facebook Platform terms & conditions.
2.1 You must take reasonable security precautions.
2.2 Passwords should consist of at least 8 mixed alpha and numeric characters with case variations. You should not permit a common word to be used as a password. You must protect the confidentiality of your password, and you should change your password regularly.
3. Bulk Commercial E-Mail
3.1 You may not use a Metric to send spam email. Please see the applicable Product Terms and Conditions for those Services. You may use your dedicated hosted system to send bulk mail, subject to the restrictions in this Acceptable Use Policy.
3.2 Under the European Directive 2002/58/CE of 12 July 2002 on privacy and electronic communications, the use of e-mail for direct marketing is only allowed to recipients who have given their prior consent. We acknowledge that market research is not considered as direct marketing within the meaning of the Directive above, and therefore, the requirements set out below don’t apply to bulk e-mails for market research purposes. You must obtain our advance approval for any bulk commercial e-mail other than for market research purposes, for which you must be able to demonstrate the following to our reasonable satisfaction:
3.3 These policies apply to messages sent using your Metric Service or network, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Metric Service. You may not use third party e-mail services that do not have similar procedures for all its customers.
3.4 We may test and monitor your compliance with these requirements, including requesting opt-in information from a random sample of your list at any time.
4. Unsolicited E-Mail
You may not send any unsolicited e-mail, whether commercial or non-commercial in nature, to any person who has indicated that they do not wish to receive it.
5. Vulnerability Testing
You may not attempt to probe, scan, penetrate or test the vulnerability of a Metric system or network or to breach our security or authentication measures, whether by passive or intrusive techniques without our prior written consent.
6. Newsgroup, Chat Forums, Other Networks
6.1 You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
6.2 You must comply with the rules of any other network you access or participate in when using our Services.
7. Offensive Content
7.1 You may not publish, display or transmit via our network and equipment any content that we reasonably believe:
7.1.1 constitutes or encourages child pornography or is otherwise obscene, sexually explicit or morally repugnant;
7.1.2 is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
7.1.3 is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
7.1.4 is defamatory or violates a person’s privacy;
7.1.5 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 bodies;
7.1.6 improperly exposes trade secrets or other confidential or proprietary information of another person;
7.1.7 is intended to assist others in defeating technical copyright protections;
7.1.8 infringes another person’s trade or service mark, patent, or other property right;
7.1.9 is discriminatory in any way, including by way of sex, race, sexual orientation or age discrimination;
7.1.10 facilitates any activity or conduct that is or may be defamatory, pornographic, obscene, indecent, abusive, offensive or menacing;
7.1.11 involves theft, fraud, drug-trafficking, money laundering or terrorism;
7.1.12 is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to us; and
7.1.13 is otherwise malicious, fraudulent, or may result in retaliation against us by offended viewers.
7.2 Content “published or transmitted” via our network or equipment includes Web content, e-mail, bulletin board postings, chat, and any other type of posting, display or transmission that relies on the Internet.
8. Copyrighted Material
8.1 You may not use our network or equipment to download, publish, distribute, or otherwise copy in any manner any
text, music, software, art, image or other work protected by copyright law unless:
8.1.1 you have been expressly authorised by the owner of the copyright for the work to copy the work in that manner; and
8.1.2 you are otherwise permitted by copyright law to copy the work in that manner.
8.2 We will terminate the Service of copyright infringers in accordance with the HSA.
9.2 We may, without notice to you:
9.2.1 report to the appropriate authorities any conduct by you that we believe violates applicable law, and
9.2.2 provide any information we have about you, or your users or your traffic and cooperate in response to a formal or informal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
9.3 If we are legally required to permit any relevant authority to inspect your content or traffic, you agree we can provided however that where possible without breaching any legal or regulatory requirement we give you reasonable prior notice of such requirement and an opportunity to oppose and/or attempt to limit such inspection in each case to the extent reasonably practicable.
10. Shared Systems
You may not use any shared system provided by Metric in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may prohibit the automated or scripted use of Metric Mail Services if it has a negative impact on the mail system, or we may require you to repair coding abnormalities in your Cloud-hosted code if it unnecessarily conflicts with other Cloud customers’ use of the Cloud. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers' data that is stored on the same system.
11. Consequences of Violation of AUP
You are strictly responsible for the use of your Metric Service in breach of this AUP, including use by your customers, and including unauthorised use that you could not have prevented. We will charge you our standard hourly rate for work on any breach of the AUP together with the cost of equipment and material needed to:
11.1 investigate or otherwise respond to any suspected violation of this AUP;
11.2 remedy any harm caused to us or any of our customers by the use of your Service in violation of this AUP;
11.3 respond to complaints; and
11.4 have our Internet Protocol numbers removed from any “blacklist”.
We are under no duty, and by this AUP are not deemed to undertake a duty, to monitor or police our customers’ activities and we disclaim any responsibility for any misuse of our network.