Effective Date: 10 May 2017

Who does this AUP apply to?

This policy governs all access to and use of Instaclustr’s Website and constitutes a binding legal agreement between you and Instaclustr.  In addition, Instaclustr requires that each of its customers accepts and agrees to its Terms and Conditions of Service. The Terms and Conditions of Service constitute a legal agreement between the customer and Instaclustr.  In the Terms and Conditions of Service, each customer agrees, among other things, to be bound by the terms and conditions of this Acceptable Use Policy (‘AUP’).  This AUP also applies to your employees, agents, contractors, and end users.

Can the AUP change over time?

The evolving nature of the internet and on-line commerce makes it necessary for Instaclustr to reserve the right to make changes to this AUP at any time.  You agree that any changes will be effective when posted on-line at this location and that your continued use of Instaclustr’s Website or services will constitute your acceptance of any changes or additions to this AUP.

Instaclustr is always trying to improve its Website and the services, so they may change over time.  Instaclustr may suspend or discontinue any part of the Website or the services (subject to the Terms and Conditions of Service), or it may introduce new features or impose limits on certain features or restrict access to parts or all of its Website or services (subject to the Terms and Conditions of Service).  Instaclustr reserves the right to remove any content from the Website at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of this AUP), in its sole discretion, and without notice.

What about my privacy?

Instaclustr takes the privacy of its users and customers very seriously.  All personal information provided by you will be handled in accordance with the current Instaclustr Privacy Policy.

Use of the Instaclustr website

Instaclustr’s Website may only be used for its intended purpose and solely in accordance with this AUP.

Subject to compliance with this AUP, you may view, download and print the materials Instaclustr makes available on this Website solely for your own or your business’ personal, non-commercial use, provided that none of the content is modified.  You may not sublicense these rights. Except as permitted by the copyright law applicable to you, you may not reproduce, distribute, publish, display, download, communicate, or transmit any of the content of this Website, including files downloadable from this website, in any form, by any means, without the prior written permission of Instaclustr.  Instaclustr does not grant you any licences, express or implied, to its intellectual property or that of its licensors.

In using Instaclustr’s Website or services, you agree that you will not:

• infringe, misappropriate, or violate the intellectual property rights or any other rights of anyone else (including Instaclustr);
• violate any law or regulation, including any applicable export control laws;
• engage in conduct using Instaclustr’s Website or services which is harmful, fraudulent, deceptive, pornographic, threatening, harassing, defamatory, obscene, vulgar, offensive, or otherwise objectionable;
• promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
• jeopardize the security of your Instaclustr account or anyone else’s (such as allowing someone else to log in to the Website or services as you);
• attempt, in any manner, to obtain the password, account, or other security information from any other user;
• violate the security of any computer network, or cracks any passwords or security encryption codes;
• run Maillist, Listserv, any form of auto-responder or “spam”, or any processes that run or are activated while you are not logged into Instaclustr’s Website or services, or that otherwise interferes with the proper working of Instaclustr’s Website or services (including by placing an unreasonable load on Instaclustr’s services infrastructure);
• “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to Instaclustr’s website or services or content (through use of manual or automated means);
• copy or store any significant portion of the Website content;
• decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to Instraclustr’s Website or services.

Who is responsible for what I see and do on Instaclustr’s Website or through the services?

Any information or content publicly posted or privately transmitted through Instaclustr’s Website or via the services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk.  Instaclustr is not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.  We cannot control and have no duty to take any action regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the content.  You release Instaclustr from all liability for you having acquired or not acquired content through Instaclustr’s Website or via the services.  Instaclustr does not guarantee the identity of any users with whom you interact in using Instaclustr’s Website or the services.

You are responsible for all content you contribute, in any manner, to the Website or the services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.  You will keep all your registration information accurate and current. You are responsible for all your activity in connection with Instaclustr’s Website or the services.

Instsclustr’s Website may contain links or connections to third-party websites or services that are not owned or controlled by Instaclustr.  When you access third party websites or use third-party services, you accept that there are risks in doing so and that Instaclustr is not responsible for such risks.  Instaclustr encourages you to be aware when you leave its Website and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilise.

Instaclustr has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with.  In addition, Instaclustr will not and cannot monitor, verify, censor, or edit the content of any third-party site or service.  By using Instaclustr’s Website or the services, you release and hold Instaclustr harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through Instaclustr’s Website or the services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.  You agree that Instaclustr will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between users of Instaclustr’s Website or its customers, or between users/customers and any third party, you agree that Instaclustr is under no obligation to become involved.  In the event that you have a dispute with one or more other users/customers, you release Instaclustr, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Instaclustr’s Website or services.

International use and export and import compliance

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.  Use of Instaclustr’s website and services may be subject to the export and import laws of Australia and other countries.  You agree to comply with all applicable export and import laws and regulations.

Indemnity

You agree to indemnify and hold Instaclustr and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit, modify or otherwise make available through Instaclustr’s Website, your use of Instaclustr’s services, your connection to Instaclustr’s services, your violation of this AUP, or your violation of any rights of another.

Our Monitoring and Enforcement

Instaclustr reserves the right, but does not assume the obligation, to investigate any violation of this AUP or misuse of its Website or the services.  Instaclustr may remove, disable access to, or modify any content or resource that violates this AUP or any other agreement Instaclustr has with you for use of its Website or the provision of services.

Instaclustr may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.  Such reporting may include disclosing appropriate customer information. Instaclustr also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP.

Reporting of Violations of this AUP

If you become aware of any violation of this AUP, you undertake to immediately notify Instaclustr and provide us with assistance, as requested, to stop or remedy the violation.  To report any violation of this AUP, please email Instaclustr at [email protected].

Jurisdiction

This AUP will be governed by the laws of the Australian Capital Territory, Australia and the parties submit to the exclusive jurisdiction of the courts of the Australian Capital Territory, Australia.