1. Introduction
1.1 This acceptable use policy (the “Policy“) sets out the rules governing:
(a) the use of Clear Skies Limited’s software products, including the browser extension known as “Research Integrity Screening (RISC)” extension and the web application known as “Oversight”, any successor browser extension or web application, and the services provided by that browser extension and web application or any successor browser extension and web application (the “Services“); and
(b) the transmission, storage and processing of content by you, or by any person on your behalf, using the Services (“Content“), including content you publish by means of the Services or share with others by means of the Services (“Shared Content“).
1.2 References in this Policy to “you” are to any customer for the Services and any individual user of the Services (and “your” should be construed accordingly); and references in this Policy to “us” are to Clear Skies Limited (and “we” and “our” should be construed accordingly).
1.3 By using the Services, you agree to the rules set out in this Policy.
1.4 You must be at least 18 years of age to use the Services; and by using the Services, you warrant and represent to us that you are at least 18 years of age.
2. General usage rules
2.1 You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
2.2 You must not use the Services in any way that uses excessive resources and, as a result, is liable to cause a material degradation in the services we provide to our other customers and users.
2.3 You must not use the Services:
(a) in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or
(b) in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.
2.4 You must ensure that all Content complies with the provisions of this Policy.
3. Use of content
3.1 You acknowledge that we may use the Content in accordance with any licence granted to us.
3.2 Except to the extent expressly permitted required by law on a non-excludable basis, and without prejudice to the limitations and prohibitions elsewhere in this Policy:
(a) you must not sub-license you right to access and use the Services;
(b) you must not permit any unauthorised person or application to access or use the Services;
(c) you must not use the Services to provide services to third parties;
(d) you must not republish or redistribute any content or material from the Services;
(e) you must not make any alteration to the Services; and
(f) you must not conduct or request that any other person conduct any load testing or penetration testing on the Services.
3.3 You warrant and represent to us that use of the Content in accordance with any licence that you directly or indirectly grant to us will not infringe the intellectual property rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation (in each case in any jurisdiction and under any applicable law).
4. Moral rights waiver
4.1 You hereby waive, to the maximum extent permitted by applicable law, all your moral rights in the Content, including any right of attribution and any right to object to derogatory treatment.
5. Unlawful Content
5.1 Content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
5.2 Content, and the use of Content by us in any manner licensed or otherwise authorised by you, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) constitute a breach of racial or religious hatred or discrimination legislation;
(i) constitute a breach of official secrets legislation; or
(j) constitute a breach of any contractual obligation owed to any person.
5.3 You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.
6. Graphic material
6.1 Content must be appropriate for all persons who have access to or are likely to access the Content in question, and in particular for children over 12 years of age.
6.2 Content must not depict violence (including violence against humans and animals), self-harm or suicide in an explicit, graphic or gratuitous manner.
6.3 Content must not encourage, promote, glamourise or glorify violence (including violence against humans and animals), self-harm or suicide.
6.4 Content must not be pornographic or sexually explicit.
7. Factual accuracy
7.1 Shared Content must not be untrue, false, inaccurate or misleading.
7.2 Statements of fact that carry a defamatory imputation and are contained in Shared Content and relating to persons (legal or natural) must be true; and statements of opinion that carry a defamatory imputation and are contained therein and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.
8. Advice
8.1 Shared Content must not consist of or contain any legal, financial, investment, taxation, accountancy, medical, therapeutic or other professional, technical, scientific, personal or other advice, and you must not use the Services for the purpose of providing any legal, financial, investment, taxation, accountancy, medical, therapeutic or other professional, technical, scientific, personal or other advisory services, but this shall not prevent the use of the Services by an appropriately qualified person for the purpose of assisting that person to provide relevant advisory services.
8.2 Shared Content must not consist of or contain any advice, instructions or other information that may be acted upon and may be liable, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.
9. Community standards
9.1 Shared Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the Services.
9.2 Shared Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.
9.3 Shared Content must not be liable to cause annoyance, inconvenience or needless anxiety.
9.4 You must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.
9.5 You must not use the Services for the purpose of deliberately upsetting or offending others.
9.6 You must not unnecessarily flood the Services with Shared Content relating to a particular subject or subject area, whether alone or in conjunction with others.
9.7 You must ensure that Shared Content does not unreasonably duplicate other content available through the Services.
9.8 You must ensure that Shared Content is appropriately categorised.
9.9 You should use appropriate and informative titles for all Shared Content.
9.10 You must at all times be courteous and polite to other users of the Services.
10. Marketing and spam
10.1 You must not without our written permission use the Services for any purpose relating to the marketing, advertising, promotion, sale or supply of any product, service or commercial offering.
10.2 Content must not constitute or contain spam, and you must not use the Services to store or transmit spam – which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.
10.3 You must not send any spam or other marketing communications to any person using any email address or other contact details made available through the Services or that you find using the Services.
10.4 You must not use the Services to promote, host or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, “get rich quick” schemes or similar letters, schemes or programs.
10.5 You must not use the Services in any way which is liable to result in the blacklisting of any of our IP addresses.
11. Regulated businesses
11.1 You must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.
11.2 You must not use the Services for any purpose relating to the offering for sale, sale or distribution of drugs or pharmaceuticals.
11.3 You must not use the Services for any purpose relating to the offering for sale, sale or distribution of knives, guns or other weapons.
12. Monitoring
12.1 You acknowledge that we may actively monitor the Content and the use of the Services.
13. Data mining
13.1 You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.
14. Hyperlinks
14.1 You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.
15. Harmful software
15.1 Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.
15.2 Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.
15.3 Content must not include any software contains backdoors or other security vulnerabilities, and must not introduce any backdoors or security vulnerabilities into any other software.
16. Variation
16.1 We may amend this Policy at any time by publishing a new version on our website.