As representatives of Real-Time Crawler (“RTC”) product we are under contractual obligation with metacluster lt, UAB (“Metacluster“) – the owners of Residential proxies to share with you acceptable use policy (the “AUP“) of Residential proxies. The AUP are binding to you from the moment you sign Agreement with Metacluster as established in the General Conditions of Metacluster Services Agreement (“GC”).
The breach of AUP would be considered any of the activities established below (“Prohibited activities”):
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.
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 Customers’ not to scrape if it is:
Otherwise Metacluster will consider the above mentioned activity as one of the Prohibited activities.
Metacluster 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, Metacluster attempts to work with Customer to cure violations of AUP and to ensure that there is no re-occurrence; however, Metacluster reserves the right to suspend or terminate based on a first offense. Any breach of this AUP is a breach of the Agreement between Metacluster and Customer.
Metacluster 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.
Customer agrees that Metacluster, at its sole discretion, may change the terms of this AUP by providing Customer with relevant notice. Such amendment will become effective 14 days after such notice (unless Customer first terminates this Agreement pursuant to Section 10, Term & Termination). Customer’s continued use of the Service after such 14-day notice period will confirm Customer’s consent to such amendment.