Abschnitt 4 dieser Nutzungsbedingungen

ACCEPTABLE USE POLICY

Bedingungen für die Nutzung und Beauftragung der Dienste und digitalen Plattformen von UQBITZ.

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This Acceptable Use Policy (“AUP”) establishes the rules for using all Services provided by UQBITZ, with emphasis on hosting, servers and infrastructure services. Failure to comply with this policy may result in suspension or termination of services, depending on the severity of the infraction.

This AUP also applies to email, automation, forms, integrations and campaigns that UQBITZ may configure or develop.

Prohibited content

CLIENT is prohibited from using UQBITZ services to store, distribute, transmit or make available:

  1. Content that violates applicable Brazilian or international legislation;
  1. Material that infringes the copyrights, trademarks or intellectual property of third parties, including piracy of software, music, films, books or any other protected content;
  1. Pornographic, erotic or explicit sexual content;
  1. Material exploiting, abusing or sexualizing minors, in any form;
  1. Content that promotes discrimination, hatred or violence against any individual or group based on race, ethnicity, religion, gender, sexual orientation, national origin or disability;
  1. Malware, viruses, trojans, ransomware, spyware or any malicious code;
  1. Phishing pages, fraudulent websites or content intended to deceive users;
  1. Content that is defamatory, slanderous or that violates the honor and image of third parties;
  1. Material related to illegal activities, including drug trafficking, weapons, smuggling or unauthorized gambling;
  1. Personal data of third parties obtained unlawfully or in violation of LGPD.

Prohibited activities

CLIENT is prohibited from using UQBITZ services to:

  1. Carry out or facilitate cyber attacks against third parties, including denial of service attacks (DDoS), intrusions, vulnerability scans or unauthorized access attempts;
  1. Send spam, unsolicited mass messages or carry out any form of email abuse, including without valid consent or without an opt-out mechanism where required;
  1. Mining cryptocurrencies or carrying out similar computationally intensive processes;
  1. Perform services that compromise the stability, security or performance of the shared infrastructure;
  1. Consume resources (CPU, memory, bandwidth, storage) in an excessive way that harms other clients in a shared environment;
  1. Resell, sublicense or redistribute the contracted services without prior and express authorization from UQBITZ;
  1. Host open proxies, public IRC servers, or services that facilitate anonymization for illicit purposes;
  1. Circumvent or attempt to circumvent limits, quotas or technical restrictions imposed by UQBITZ;
  1. Forge headers, identifiers or any information that hides the origin of content or communications.

Responsibility for content

CLIENT is solely responsible for all content stored, published or transmitted through the contracted services, including content inserted by third parties authorized by CLIENT.

UQBITZ does not pre-monitor hosted content, but reserves the right to take action when it becomes aware of violations of this policy.

Procedures in case of violation

Minor violations

When identifying a violation that does not pose an immediate risk to the infrastructure or third parties, UQBITZ will notify CLIENT, which will have a period of 48 (forty-eight) hours to cease the irregularity. If there is no regularization within the deadline, services may be suspended until correction.

Serious or immediate risk violations

UQBITZ may immediately suspend services, without prior notification, in the following situations:

  1. Content that involves exploitation of minors;
  1. Ongoing cyber attacks originating from CLIENT infrastructure;
  1. Presence of malware, phishing or malicious code that poses a risk to third parties;
  1. Activities that compromise the stability or security of UQBITZ systems;
  1. Judicial determination or competent authority;
  1. Disclosure, without the participant's authorization, of images, videos or materials of nudity or of private sexual acts, upon notification by the participant or their legal representative, pursuant to article 21 of Law No. 12,965/2014;
  1. Mass sending of unsolicited messages from CLIENT infrastructure.

Outside the situations above, UQBITZ will notify CLIENT in advance as set out in the previous subsection, even where the activity may expose UQBITZ to legal liability.

Preventive suspension does not exempt CLIENT from paying for services during the suspended period, unless it is found that the violation did not occur.

Repeat violations

Repeated violations of this policy, even if minor, may result in immediate termination of services, without the right to a refund.

Reports of abuse

Reports of violations of this policy can be forwarded to [email protected]. The report must identify the content or activity, the address where it is located and the grounds of the complaint. UQBITZ will confirm receipt and inform the reporter when the analysis is closed.

Third-party content, court orders and authority requests

UQBITZ is a hosting and internet application provider and does not carry out prior monitoring of content published by CLIENT or by third parties authorized by CLIENT.

Court orders. A court order determining the removal of content, the blocking of access or the provision of records will be complied with within the time limit and the bounds it sets. Where the order does not prohibit communication, UQBITZ will inform CLIENT of the measure adopted and its grounds, so that CLIENT may exercise its defense.

Extrajudicial notification. Upon receiving a notification pointing to unlawful content, UQBITZ will forward the complaint to CLIENT, who will have 48 (forty-eight) hours to remove the content or present a justification. UQBITZ may remove the content or suspend access before that deadline where the seriousness or immediate risk to third parties so requires, subject to the situations in the "Serious or immediate risk violations" subsection.

Authority requests. Requests from administrative or police authorities will be met within the limits of the law. The provision of connection or application access records and the disclosure of the content of private communications depend on a court order. UQBITZ will inform CLIENT of the request whenever the law or the order itself does not prohibit communication.

The removal of content or the suspension of access in the situations of this subsection does not constitute a breach of these Terms by UQBITZ, nor does it give rise to a right to a refund of amounts relating to the period used.