1. Initial Provisions
1.1 The provisions of this Acceptable Use Policy (“AUP”) shall apply to all Agreements concluded between Mews’ Affiliate (“Mews”) and the Partner, as specified in the respective Agreement (as defined below), or whoever is using services provided by Mews and/or has access to the Mews Platform (“Users”).
1.2 The AUP is published on the Mews website and forms an integral part of Mews’ General Terms and Conditions and the Agreement. Unless otherwise defined in this AUP, capitalised terms shall have the meaning defined in Mews’ General Terms and Conditions.
1.3 BY ACCESSING OR USING THE MEWS PLATFORM AND SERVICES PROVIDED BY MEWS, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AUP. The violation of this AUP shall represent the material breach of the Agreement with consequences as stipulated in the respective Agreement.
2. Prohibited Actions
2.1 Partner may not use, or allow third parties to use, Mews Services:
- to violate, or encourage the violation of, any third-party rights (including but not limited to intellectual property, moral, privacy or proprietary rights, or to use the Mews Services in any manner that may harm any individuals including minors or entities, etc.) or any applicable local, national or international law or regulation;
- to engage in, promote or encourage illegal activity;
- for sending, disseminating or promoting any unlawful, invasive, abusive, harassing, infringing, obscene, hateful, defamatory or fraudulent material;
- to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other programs or computer code or other items of a destructive or deceptive nature to computer software or hardware;
- to generate, distribute, or facilitate unsolicited communication, email, promotions, advertisements or other solicitations (“spam”), SMS, MMS, or other text messages or push notifications in violation of any applicable law;
- to conduct multi-level marketing, such as pyramid schemes and the like;
- to send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- to misuse the Mews Services in any way;
- to disable, interfere with or circumvent any aspect of the Mews Services or to attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Mews Services, any third-party use of the Mews Services, or any third-party data contained therein (except to the extent that such restrictions are prohibited by applicable law);
- to perform overload, monitoring or testing without Mews’ prior consent;
- to use the Mews Services in any manner that would (i) harm or depreciate Mews or the Mews Services, (ii) subject Mews to any third-party liability, damages or danger, or (iii) violate any applicable third-party policies or requirements that Mews has communicated to you;
- to access the Mews Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Mews Services;
- to adversely impact the availability, reliability or stability of the Mews Services;
- to launch or facilitate, whether intentionally or unintentionally, a denial of service attack on the Mews Services or on any third party;
- to attempt to bypass or break any security mechanism on any of the Mews Services, or to use the Mews Services in any other manner that poses a security or service risk to Mews, to any User of the Mews Services and other services provided by Mews, to any of Mews’ respective customers or to their customers;
- to harvest or otherwise collect information about others without their appropriate legal basis.
2.2 This above list of prohibited actions is provided by way of example and should not be considered exhaustive. All determinations related to violations of this AUP will be made by Mews in its sole discretion.
2.3 Users are required to protect the security of their Mews Account and usage to ensure the security of the Mews Services. Further, Users are responsible for validating the integrity of the information and data they receive or transmit over the Internet and reporting any weaknesses in the Mews network and any incidents of possible misuse or violation of this AUP. Users must also comply with all relevant regulations and legislation on data privacy. To determine compliance with this AUP and the General Terms and Conditions, Mews reserves the right to monitor Users’ usage of the Mews Services. Users hereby consent to such monitoring and agree that Mews is under no duty under this AUP, the General Terms and Conditions, or otherwise, to monitor Users’ use of Mews Services.
3. Threats to Safety
3.1 If, in the reasonable determination of Mews, the equipment, software or hosted applications used by Users or the activities of Users poses an immediate threat to the physical integrity or performance of Mews Services or any other User of Mews Services, or poses an immediate threat to the safety of any person, then Mews may perform such work and take such other actions that it may consider necessary without prior notice to Users and without liability for damage to the equipment or data for any interruption of the Users' business. As soon as practical after performing such work, Mews will advise, by email, the Users of the work performed or the action taken.
4.1 Mews may initiate an immediate investigation to substantiate an alleged violation. During the investigation, Mews may restrict Users’ access to the Mews Services to prevent further violations. The designation of any materials and actions as prohibited, as described in this AUP, is left entirely to the discretion of Mews management.
4.2 If Users are found to be in violation of the AUP, Mews may, at its sole discretion and in addition to measures stipulated in the Agreement, restrict, suspend or terminate such Users' accounts. Mews has no obligation to provide warnings under any circumstances and can terminate the Users’ accounts without prior notification upon a finding that the Users have violated this AUP. Further, Mews reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Mews will notify law enforcement officials if the violation is believed to be a criminal offense and will cooperate fully with law enforcement authorities in investigating the alleged criminal offense.