YourArchive® Acceptable Use Policy

Effective: September 28th, 2021

1. Introduction

1.1 This acceptable use policy (the "Policy") sets out the rules governing:

(a) the use of the System, and the services available therein (the "Services"); and

(b) the storing, publishing, or sharing of content and/or data by you, or by any Authorised User, using the Services ("Content").

1.2 By using the Services, you agree to the rules set out in this Policy.

1.3 We will ask for your express agreement to the terms of this Policy before you upload or submit any Content or otherwise use the System.

2. General usage rules

2.1 You must not use, or attempt to use, the System in any way that causes, or may cause, damage to the Services or impairs the availability or accessibility of the Services, including:

(a) probing, scanning or testing the vulnerability of the system or network

(b) breaching or otherwise circumventing any security or authentication measures

(c) accessing, tampering with or use of non-public areas or parts of the Services, or shared areas of the services you have not been invited to

(d) interfering with or disrupting any user, host or network, for example by sending a virus, overloading, flooding, spamming or mail-bombing any part of the Services

(e) sending altered, deceptive or false source-identifying information, including “spoofing” or “phishing”

(f) circumventing storage space limits

2.2 You must not use the Services:

(a) in any way that is unlawful, illegal, fraudulent or harmful; or

(b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

2.3 You must ensure that all Content that you store, publish or share complies with the provisions of this Policy.

2.5 You agree NOT to misuse the YourArchive Services or help anyone else to do so.

3. Unlawful Content

3.1 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).

3.2 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, trademark 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) advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability or impairment;

(i) be blasphemous;

(j) constitute a breach of official secrets legislation;

(k) constitute a breach of any contractual obligation owed to any person; or

(l) violate the law in any way, including storing, publishing, or sharing material that’s fraudulent, defamatory or misleading.

3.3 You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.

4. Graphic material

4.1 Content must be appropriate for all persons who have access to or are likely to access the Content in question.

4.2 Content must not depict violence in an explicit, graphic, or gratuitous manner.

4.3 Content must not be pornographic or sexually explicit.

5. Factual accuracy

5.1 Content must not be untrue, false, inaccurate, or misleading.

5.2 Statements of fact contained in Content and relating to persons (legal or natural) must be true; and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.

6. Negligent advice

6.1 Content must not consist of or contain any legal, financial, investment, taxation, accountancy, medical or other professional advice, and you must not use the Services to provide any legal, financial, investment, taxation, accountancy, medical or other professional advisory services.

6.2 Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.

7. Etiquette

7.1 Content must be appropriate, civil, and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

7.2 Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory, or inflammatory.

7.3 Content must not be liable to cause annoyance, inconvenience, or needless anxiety.

7.4 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.

7.5 You must not use the Services for the purpose of deliberately upsetting or offending others.

7.6 You must not unnecessarily flood the Services with material relating to a particular subject or subject area, whether alone or in conjunction with others.

7.7 You must at all times be courteous and polite to other users of the Services.

7.8 You must not harass or abuse YourArchive personnel or representatives or agents performing services on behalf of YourArchive

8. Marketing and spam

8.1 YourArchive give you express permission use the Services for the purpose relating to the marketing, advertising, promotion, sale or supply of any product, service, or commercial offering.

8.2 Content, however, 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.

9. Gambling

9.1 You must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.

10. Monitoring

10.1 Customer acknowledges that YourArchive may actively monitor the Content and the use of the Services for the purposes of upholding the content of this Policy and identifying improvements that we can make in the System.

11. Hyperlinks

11.1 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.

12. Harmful software

12.1 The Content must not contain or consist of, and you must not promote or distribute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications, or technologies.

12.2 The Content must not contain or consist of, and you must not promote or distribute 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.

13 Breach of policy

13.1 Where you identify Authorised Users are in, or potentially in, breach of this Policy you will notify us within 3 Business Days. We will assess the materiality of the potential or actual breach and notify you of the action that we intend to take. Nothing precludes you from taking any action you wish, and we will only undertake intended action to prevent, block or remove Authorised Users accounts upon your authority. Authority will not be unreasonably withheld where actual breach of this Policy has taken place by the Authorised User.