Legal
Acceptable Usage Policy
What may and may not be done with the Green Click platform and services.
Last updated: 2023
1. Introduction
This Acceptable Use Policy (as amended, modified or supplemented from time to time, this "AUP") of Green Click Corp. and its affiliates ("Green Click"), is designed to protect Green Click's customers, users of Green Click's website, Green Click's Products and Services and to ensure further compliance with all relevant laws and regulations.
IF YOU DO NOT AGREE TO THIS AUP, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE AND/OR ANY OF THE PRODUCTS AND SERVICES.
This AUP applies to each Customer that subscribes for the Products and Services. This AUP should be read in conjunction with the Terms, SLA and Privacy Policy.
CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT HE/SHE/IT HAS READ, UNDERSTOOD AND ACCEPTED THE PROVISIONS OF THE TERMS, THE SLA, THE PRIVACY POLICY AND THIS AUP.
By using the Products and Services, Customers are, and shall remain, responsible for complying with the provisions of this AUP and for any violation that are or may be attributed to their customers and users, whether authorized or not by the Customer or by Green Click. Customers must take all reasonable steps to ensure that their customers and users will comply with this AUP.
This AUP does not (a) obligate Green Click to monitor, review, or police the data and/or content and/or information residing on Green Click's servers and/or managed by the Customer under his/her/its Account; or (b) create any obligation or duty of Green Click to any party that is not a Customer.
GREEN CLICK EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY BY GREEN CLICK, TEMPORARILY OR PERMANENTLY STORED ON ANY SERVER OF GREEN CLICK OR BY USING THE ACCOUNT AND FOR THE ACTIONS OR OMISSION OF CUSTOMERS AND/OR ANY OF THEIR CUSTOMERS AND USERS.
IF YOU DO NOT AGREE TO THIS AUP, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE AND/OR ANY OF THE PRODUCTS AND SERVICES.
This AUP applies to each Customer that subscribes for the Products and Services. This AUP should be read in conjunction with the Terms, SLA and Privacy Policy.
CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT HE/SHE/IT HAS READ, UNDERSTOOD AND ACCEPTED THE PROVISIONS OF THE TERMS, THE SLA, THE PRIVACY POLICY AND THIS AUP.
By using the Products and Services, Customers are, and shall remain, responsible for complying with the provisions of this AUP and for any violation that are or may be attributed to their customers and users, whether authorized or not by the Customer or by Green Click. Customers must take all reasonable steps to ensure that their customers and users will comply with this AUP.
This AUP does not (a) obligate Green Click to monitor, review, or police the data and/or content and/or information residing on Green Click's servers and/or managed by the Customer under his/her/its Account; or (b) create any obligation or duty of Green Click to any party that is not a Customer.
GREEN CLICK EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY BY GREEN CLICK, TEMPORARILY OR PERMANENTLY STORED ON ANY SERVER OF GREEN CLICK OR BY USING THE ACCOUNT AND FOR THE ACTIONS OR OMISSION OF CUSTOMERS AND/OR ANY OF THEIR CUSTOMERS AND USERS.
2. Customers' Security and Confidentiality Obligations
Customer is responsible for: (a) use reasonable care to ensure the security of their Account; (b) maintaining the confidentiality of her/his/its password account; (c) ensuring that all activities that occur in connection with the Account comply with the Terms, this AUP and Applicable Laws. Customer acknowledges and agrees that Green Click is not responsible for the internal management or administration of her/his/its Account and any of the data, content and information stored thereby.
A Customer is solely responsible for any intrusions into, or security breaches of, any of its Accounts, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by the Customer from Green Click.
A Customer is solely responsible for any intrusions into, or security breaches of, any of its Accounts, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by the Customer from Green Click.
3. Prohibited Activities
A. Customers shall not allow the posting, transmission, or storage of data or content on or through the Account and/or the Products and Services which, in Green Click's sole determination, constitutes a violation of any federal, state, local or international law, regulation, ordinance, court order or other legal process ("Applicable Laws"). Prohibited content includes, without limitation: (a) data, information, content or code that facilitates any violation of this AUP or Applicable Laws; (b) "harvested" addresses or information; (c) "phishing" websites; or (d) "spamvertising" sites.
B. Customers may not transmit, distribute, download, copy, cache, host, or otherwise store on their Account any information, data, material, or work that infringes the intellectual property rights of others or violates any trade secret right of any other person.
C. Customers may not use their Account and/or the Products and Services to (i) send unsolicited bulk messages over the Internet (i.e., "spamming"), (ii) create fake weblogs intended to promote affiliated websites or increase search engine rankings (i.e., "splogs"), or (iii) send spam to weblog sites (i.e., "spamming blogs"). Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003.
D. Without derogating from anything detailed hereto, Customer hereby undertakes that he/she/it will not act in any of the following manners:
• Forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses, to conceal or misidentify the origin of a message
• Creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks
• Hacking, and/or subverting, or assisting others in subverting, the security or integrity of Green Click's products or systems
• Soliciting the performance of any illegal activity
• Threatening bodily harm, or encouraging bodily harm or property destruction
• Harassing another, or encouraging harassing behavior
• Engaging in outright fraud, or using services to engage in scams like pyramid schemes
• Collecting personal information about others without their knowledge or consent
• Instructing others in prohibited activities
B. Customers may not transmit, distribute, download, copy, cache, host, or otherwise store on their Account any information, data, material, or work that infringes the intellectual property rights of others or violates any trade secret right of any other person.
C. Customers may not use their Account and/or the Products and Services to (i) send unsolicited bulk messages over the Internet (i.e., "spamming"), (ii) create fake weblogs intended to promote affiliated websites or increase search engine rankings (i.e., "splogs"), or (iii) send spam to weblog sites (i.e., "spamming blogs"). Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003.
D. Without derogating from anything detailed hereto, Customer hereby undertakes that he/she/it will not act in any of the following manners:
• Forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses, to conceal or misidentify the origin of a message
• Creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks
• Hacking, and/or subverting, or assisting others in subverting, the security or integrity of Green Click's products or systems
• Soliciting the performance of any illegal activity
• Threatening bodily harm, or encouraging bodily harm or property destruction
• Harassing another, or encouraging harassing behavior
• Engaging in outright fraud, or using services to engage in scams like pyramid schemes
• Collecting personal information about others without their knowledge or consent
• Instructing others in prohibited activities
4. Additional Restrictions and Prohibited Activities
In addition to any of the prohibited activities set forth in this AUP, the Customer hereby agrees and undertakes that he/she/it will not:
(a) Save multiple copies of identical and/or essentially similar files;
(b) Use the Products and Services or any of Green Click's servers for back-up purposes;
(c) Use the Products and Services for simultaneously transmitting files to a high volume of users (megauploading), specifically while using the Cloud File Server service;
(d) Store on Cloud File Server service an average of above 1TiB of storage per active user.
(a) Save multiple copies of identical and/or essentially similar files;
(b) Use the Products and Services or any of Green Click's servers for back-up purposes;
(c) Use the Products and Services for simultaneously transmitting files to a high volume of users (megauploading), specifically while using the Cloud File Server service;
(d) Store on Cloud File Server service an average of above 1TiB of storage per active user.
5. Customer's Undertakings
Customer shall apply for and obtain any and all licenses, permits and other authorizations needed to fulfill its obligations under the Terms, this AUP and any Applicable Laws.
Customer agrees and undertakes that all contents and activities conducted via the Account and/or the Products and Services are on Customer's sole responsibility. Nevertheless, Customer hereby acknowledges that although Green Click does not pre-screen the content that is used by Customer, Green Click has the right, but not the obligation, in its sole discretion to remove or refuse to provide the Products and Services, in any case of abusive content or pursuant to any demand of any legal authority, without compensation of any kind.
Customer shall at all times comply with all laws, regulations, orders, decrees, rulings and judgments applicable while performing its obligations hereunder.
Customer warrants that its engagement with Green Click for the Products and Services does not require the consent of any person or entity. Customer hereby warrants and undertakes that all of Customer's software, hardware, codes, algorithms, developments and/or otherwise ("Technological Resources"), that is being used by Customer, is lawfully licensed to Customer by third parties and/or self-developed by Customer, and in any way is being used in accordance with this AUP and any law.
Customer shall refrain from making any representations, warranties, or guarantees to any other third parties with respect to the specifications, features or capabilities of the Products and Services provided by Green Click that are inconsistent with the literature, protocols, trainings, explanations and covenants provided by Green Click in writing.
Customer agrees and undertakes that all contents and activities conducted via the Account and/or the Products and Services are on Customer's sole responsibility. Nevertheless, Customer hereby acknowledges that although Green Click does not pre-screen the content that is used by Customer, Green Click has the right, but not the obligation, in its sole discretion to remove or refuse to provide the Products and Services, in any case of abusive content or pursuant to any demand of any legal authority, without compensation of any kind.
Customer shall at all times comply with all laws, regulations, orders, decrees, rulings and judgments applicable while performing its obligations hereunder.
Customer warrants that its engagement with Green Click for the Products and Services does not require the consent of any person or entity. Customer hereby warrants and undertakes that all of Customer's software, hardware, codes, algorithms, developments and/or otherwise ("Technological Resources"), that is being used by Customer, is lawfully licensed to Customer by third parties and/or self-developed by Customer, and in any way is being used in accordance with this AUP and any law.
Customer shall refrain from making any representations, warranties, or guarantees to any other third parties with respect to the specifications, features or capabilities of the Products and Services provided by Green Click that are inconsistent with the literature, protocols, trainings, explanations and covenants provided by Green Click in writing.
6. Legal Investigations
Customers will promptly cooperate and comply with any civil or criminal investigation regarding use of their Account and/or the Products and Services, including, without limitation, the following: discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court, government entity or regulatory agency (each an "Investigation").
Green Click may, upon its sole and absolute discretion, charge a Customer or any person seeking compliance with an Investigation for the reasonable costs and expenses associated with Green Click's compliance with any such Investigation.
Green Click reserves the right to comply with any Investigation without any notice to a Customer. Green Click reserves the right to disclose information relating to Customers and their use of their Account and/or the Products and Services if such information is disclosed in connection with an Investigation or in order to prevent the death of or bodily harm to any individual.
Green Click may, upon its sole and absolute discretion, charge a Customer or any person seeking compliance with an Investigation for the reasonable costs and expenses associated with Green Click's compliance with any such Investigation.
Green Click reserves the right to comply with any Investigation without any notice to a Customer. Green Click reserves the right to disclose information relating to Customers and their use of their Account and/or the Products and Services if such information is disclosed in connection with an Investigation or in order to prevent the death of or bodily harm to any individual.
7. Consequences of Violations of This AUP
A. Green Click may enforce this AUP, with or without any notice to a Customer, by any action it deems necessary, including, without limitation:
• Suspend or terminate Customer's Account
• Suspend or terminate Customer's access to the Products and Services
• Remove DNS records from servers
• Block mail or any other network service
• Effect IP address null routing
• Bill the Customer for administrative costs and/or reactivation charges
• Bring legal action to enjoin violations and/or to collect damages
• Take any legal action against a Customer to enforce compliance with this AUP and/or any Applicable Laws
B. If any Customer uses the Products and Services in a manner that causes or may cause Green Click to be "blacklisted" or blocked, Green Click reserves the exclusive and absolute right to suspend permanently or terminate the Products and Services of such Customer.
C. Block Removal – If, as a result of a Customer's actions, Green Click's mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, Green Click shall charge Customer $100 upfront and $100 per hour thereafter for any necessary remedial actions.
D. Any of the remedial actions set forth in the Terms and/or in this AUP shall not be construed in any way to limit the actions or remedies that Green Click may take to enforce and ensure compliance with this AUP and/or Applicable Laws. Green Click reserves the right to recover any and all expenses in connection with a Customer's violation of this AUP. No refund or service credits will be issued for any interruption in service resulting from violations of this AUP.
• Suspend or terminate Customer's Account
• Suspend or terminate Customer's access to the Products and Services
• Remove DNS records from servers
• Block mail or any other network service
• Effect IP address null routing
• Bill the Customer for administrative costs and/or reactivation charges
• Bring legal action to enjoin violations and/or to collect damages
• Take any legal action against a Customer to enforce compliance with this AUP and/or any Applicable Laws
B. If any Customer uses the Products and Services in a manner that causes or may cause Green Click to be "blacklisted" or blocked, Green Click reserves the exclusive and absolute right to suspend permanently or terminate the Products and Services of such Customer.
C. Block Removal – If, as a result of a Customer's actions, Green Click's mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, Green Click shall charge Customer $100 upfront and $100 per hour thereafter for any necessary remedial actions.
D. Any of the remedial actions set forth in the Terms and/or in this AUP shall not be construed in any way to limit the actions or remedies that Green Click may take to enforce and ensure compliance with this AUP and/or Applicable Laws. Green Click reserves the right to recover any and all expenses in connection with a Customer's violation of this AUP. No refund or service credits will be issued for any interruption in service resulting from violations of this AUP.
8. Reporting Violations
If there is a violation of this AUP, please direct the information to Green Click's abuse team at [email protected].
If available, please provide the following information:
• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the time zone or offset from GMT
• Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.
If available, please provide the following information:
• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the time zone or offset from GMT
• Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.