As representatives of Data center proxies (“DC proxies”) product we are under contractual obligation with code200, UAB (“Code200“) – the owners of DC proxies to share with you the Acceptable Use policy (the “AUP“) of DC proxies. The AUP are binding to you from the moment you enter into an agreement (“Agreement”) with Code200 by either:
a) signing an SoW, paying for Code200 services or starting to use the Services in any way as established in the General Conditions of Code200 Services Agreement or;
b)selecting and paying for one of the services plans offered within our self-service dashboard as established in Code200 Self-Service Subscription Agreement.
The breach of AUP would be considered any of the activities established below (“Prohibited activities”):
1. Posting, transmission, re-transmission, accessing or storing (“Access”) material on or through DC proxies, if in the sole judgment of Code200 such Access is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each Customer shall be responsible for determining what laws or regulations are applicable to its use of the products and services.
2. Introduction of malicious programs into the Code200 servers (e.g., viruses, trojan horses, worms and etc.).
3. Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the Customer is not an intended recipient, or logging into a server or account that the Customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information.
4. Circumventing user authentication or security of any host, network or account.
5. Interfering with or denying service to any user other than the Customer's host (e.g., denial of service attack).
6. Furnishing false or incorrect data on the SoW (electronic or paper) or when signing up on Code200’s self-service dashboard including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to document "use" of Code200 products or services.
7. Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the Customer or with whom the Customer does not have an existing business relationship (e.g., E-mail "spam"); or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
8. Using DC proxies in any way for the use of ticket buying bots.
9. Using DC proxies in any way to generate invalid ad traffic (via clicks, impressions or otherwise).
No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.
Automated data gathering
Whether some activities will be considered as Prohibited activities depends on how the Customer will execute them. For example, automated data gathering (crawling, scraping, etc.) “as an activity itself” should not be considered illegal, however, there are certain methods and use cases when, according to case-law, scraping will pass the threshold and might be considered in breach of relevant laws.
For this case we require the Customer not to scrape if it is:
1. Contrary to the instructions of relevant robots.txt file;
3. Non-public data. Unless the Customer has permission from the site, only public data should be scraped;
4. Sensitive data (health data, data regarding children).
Otherwise Code200 will consider the above mentioned activity as one of the Prohibited activities.
Code200 may immediately suspend and/or terminate the Customer's service for violation of any provision of AUP upon written notice provided by E-mail. Prior to suspension or termination, Code200 attempts to work with the Customer to cure violations of AUP and to ensure that there is no re-occurrence; however, Code200 reserves the right to suspend or terminate based on a first offense. Any breach of this AUP is a breach of the Agreement between Code200 and the Customer.
Code200 may also choose to comply with domestic and foreign court orders and requests pertaining to violations of third party’s privacy or any other rights, or any other illicit use of the System.
This AUP is incorporated into the Agreement. The provisions of Agreement compliment the provisions established in this AUP. All capitalized terms used in this AUP and not otherwise defined herein shall have the meaning assigned to them in the Agreement.
The Customer agrees that Code200, at its sole discretion, may change the terms of this AUP from time to time. If Code200 materially changes this AUP, it shall post an amended version on the website and send a relevant notice to the Customer. Such amendment will become effective 14 days after such notice. The Customer’s continued use of the Services after such 14-day notice period will confirm the Customer’s consent to such amendment.
The last update of this Acceptable Use Policy was made on September 21, 2021.
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