Acceptable Use Policy

Last Modified: August 9, 2019

In this document we use the terms “Music Macaron”, “we”, “our”, “The Company” and “us” to refer to Audio Clusters SA company and “you” and “your” to refer to the customer. Headings in this contract do not affect their interpretation.

The Company appreciates doing business with you or your Company. As a provider of music services and publishing services the Company must comply with certain laws and regulations.

This Audio Clusters Acceptable Use Policy (“AUP”) applies to the use of any product, service or website provided by us (Audio Clusters), whether we provide it directly or use another party to provide it to you.

The Company advocates ethical business practices and expects users, customers, partners and others to adhere to such standards. While The Company strives to provide users with the freedom to post on their Web site any content they desire, The Company must balance said desire with the community they serve, the public, the laws where The Company does business and the regulations therein.

The Company reserves the right in its sole discretion to suspend or terminate any site hosted for any reason, including but not limited to, your violation of any laws, the terms and conditions of this Acceptable Use Policy or the terms and conditions contained in your Web hosting agreement with The Company, which is hereby incorporated by reference.

The Acceptable Use Policy below describes certain actions relating to the content and operation of your Web site which The Company considers to be inappropriate and thus prohibited. The examples identified in this list are provided as examples only for your guidance.
If you are unsure whether any contemplated use or action is permitted, please contact The Company.

The Company’s right to remove suspend or terminate any site hosted by The Company for inappropriate content under this Policy shall not place an obligation on The Company to monitor or exert editorial control over any Web site.

Prohibited Activities

Actions which The Company considers inappropriate and grounds for suspension or termination of your account include, but are not limited to, the following:

  • Using your Web site to sell any goods or services that are unlawful in the location at which the content is posted or received or the goods or services delivered;
  • Using your Web site to post any content that is obscene, lewd, lascivious, pornographic, contains nudity or sexual acts, excessively violent, harassing, or otherwise objectionable;
  • Using your Web site to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information, or assistance in causing or carrying out such violence;
  • Using your Web site to post any content that holds The Company (including its partners), employees or shareholders up to public scorn or ridicule or would in anyway damage or impair The Company’s reputation or goodwill;
  • Using your Web site to post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others;
  • Failing to obtain all required permissions when using your Web site to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;
  • Deleting or altering author attributes, copyright notices, or other copyright management information, unless expressly permitted in writing by the author or owner;
  • Using your Web site in a tortuous manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress;
  • Introducing viruses, worms, Trojan horses, or other harmful code on the Internet; or
  • Any other act or omission that The Company in their sole discretion determines to be unacceptable, irrespective of whether such act is reasonable.

Technical Prohibitions

  • Use our services, your own or others to cause denial of service attacks against The Company or other network hosts or Internet users or to otherwise degrade or impair the operation of The Company’s hosting service or the servers and facilities of other network hosts or Internet Users;
  • Post messages, images, or any other item that consumes excessive CPU time or storage space;
  • Use The Company’s services to offer mail services, mail forwarding capabilities, POP accounts, auto responders or similar goods or services other than for your own The Company account;
  • Use the Services to resell access to CGI scripts installed on The Company’s hosting system;
  • Use the services to subvert, or assist others in subverting , the security or integrity of any The Company systems, facilities or equipment;
  • Use services to gain unauthorized access to the computer networks of The Company or any other entity or person;
  • Use the services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
  • Use the services to i) forge the signature or other identifying mark or code of any other person, ii) impersonate or assume the identity of any other person, or iii) engage in any other activity, including but not limited to, spoofing, to attempt to deceive or mislead other persons regarding the true identity of the User;
  • Use the services to conduct port scans or other invasive procedures against any server (except any server for which User is an authorized system administrator;
  • Violate any term and condition of any agreement, you, your entity or the entity you represent has with E-Marketing Clusters, including but not limited to the terms and conditions of the terms and conditions of The Company’s Web site hosting agreement, the terms and conditions of use, the The Company Privacy policy or any other agreement with The Company, all of which are hereby incorporated by reference as Exhibits; or
  • Use the Services in any other manner to interrupt or interfere with the Internet use of other persons.

REVISIONS TO ACCEPTABLE USE POLICY

The Company may revise in its sole discretion this Acceptable Use Policy, without prior notice. Any such changes shall be posted by The Company on its Website. You shall be responsible for periodically reviewing the online Acceptable Use Policy to apprise yourself of any changes thereto. You agree to be bound by all such changes.