Our Acceptable Use Policy

1. Introduction

1.1 This acceptable use policy (the “Policy“) sets out the rules governing:
(a) the use of the product QuarkLink, any successor product, and the services available on that product or any successor products (the “Services“); and
(b) the transmission, storage and processing of content by you, or by any person on your behalf, using the Services (“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 CryptoQuantique Ltd (and “we” and “our” should be construed accordingly).

1.3 By using the Services, you agree to the rules set out in this Policy, which supplement, and shall be deemed to include, the Licence.

1.4 We will ask for your express agreement to the terms of this Policy before you log on to and otherwise use the Services.

1.5 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 for any unlawful, illegal, fraudulent or harmful purposes or activity, including but not limited to, using the Software:
(a) in any way that breaches or could reasonably breach any applicable local, national or international law or regulation;
(b) for the purpose of harming or attempting to harm any person, in any way;
(c) knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and/or
(d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), including orchestrating or participating in a distributed denial of service attack;

2.3 You must ensure that all content complies with the contents standards of this Policy as set out below.

2.4 You must keep your log in details confidential and not share, loan or transfer your log in details for accessing the Software with other users or third parties.

2.5 You also agree:
(a) not to reproduce, duplicate, copy or re-sell any part of the Software in breach of our Licence;
(b) not to access without authority, interfere with, damage or disrupt, any:
(i) part of the Software;
(ii) equipment or network on which our Software is stored;
(iii) software used in the provision of the Software; or
(iv) equipment or network or software owned or used by any third party.

3. Unlawful Usage

3.1 Devices managed by QuarkLink must not be used

(a) for illegal or unlawful purposes

(b) to infringe any person’s legal rights

in each case in any jurisdiction and under any applicable law.

You acknowledge that if the authorised law enforcement authorities in any jurisdiction formally require us to provide access to devices managed by QuarkLink, we will be obligated to provide such access.

4. Breach of the Policy

4.1 When we determine, in our sole discretion, that a breach of this Policy has occurred, we may take such action as we deem appropriate.

4.2 Failure to comply with this acceptable use policy constitutes a material breach of the Licence upon which you are permitted to use our Software, and may result in our taking all or any of the following actions:
(a) Immediate, temporary or permanent withdrawal of your right to use our Software.
(b) Issue of a warning to you.
(c) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
(e) Further legal action against you.
(f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

4.3 We exclude our liability for all action we may take in response to breaches of this Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

5. Changes to the Policy