Acceptable Use Policy

OVERVIEW

To uphold the quality and reputation of Capella Consulting Ltd (“Capella”) platform products (“Services”), the use of Services is governed by this Acceptable Use Policy (“AUP”). It is an integral part of your Agreement with Capella and is incorporated by reference in the Terms of Service, Services Agreement or other agreement or other agreement relating to the provision of Services by Capella to you(“ToS”).

The purpose of this AUP is to describe permissible and impermissible use of the Services; and to ensure that the use of the Services are in compliance with applicable laws, rules and regulations.

“You”, “Your” or “Customer” refers to you, a user, or reseller, of the Services. Your Services may be suspended or terminated for violation of this Policy in accordance with the ToS. Inquiries regarding this policy or reports of violation of this policy, should be directed to Capella by email at support@capellaconsulting.co.nz

By using the Services, the Customer acknowledges that you have read and agree to comply with this AUP. If, at any time, you disagree with this AUP, you must stop using the Services.

AMENDMENT

Capella reserves the right to make reasonable changes to this AUP at any time, effective immediately when posted on Capella’s website at www.capellaconsulting.co.nz. Customer’s use of the Services after changes to this AUP are posted shall constitute acceptance of any changes or additional terms.

Capella recommend that you visit the Capella website regularly to ensure that your activities conform to the most recent version.

PROHIBITED ACTIVITIES

The prohibited uses described in this section are intended as a general guideline regarding improper and inappropriate conduct and should not be interpreted as an exhaustive list.

You may not do, or attempt to do, or facilitate the doing of, any of the following in relation to the Services or Capella’s (including that of its service providers’) networks:

 1.You may not upload, post, email, transmit or otherwise make available any material that contains software viruses’, Trojan horses or any other items designed to interrupt, destroy or limit functionality of any computer software, hardware or telecommunications equipment.

 2. You may not use any manual or automated software, devices or other processes to “crawl”, “screen scape” or record any web pages or Services screens contained in or displayed by the Capella Site

 3. You may not interfere with or disrupt the Capella Site or Service; or any computers, servers, data storage devices, networks or telecommunications equipment connected to or associated with the Capella Site or Services

 4. You may not engage in any conduct that is likely to result in retaliation against the Service, the Site, Capella; or Capella’s employees, agents, customers, or service providers; such as engaging in behaviour that results in any server being a target of a Denial of Service (DoS) attack

 5. You may not obtain, collect, access or modify personal information, documents or data of another Capella Services user

 6. You may not modify, adapt or “hack” the Capella Site or falsely imply that some other site or service is associated with the Capella Site or Capella; or

  a) gain unauthorised access to or use the Service, Capella’s or a third party’s data, systems or networks

  b) interfere or disrupt the integrity or performance of the Service, or the data hosted by the Service

 7. You may not sublicense, rent, resell or otherwise transfer the Service; including documentation, software, associated user interfaces, updates, upgrades, help resources and any related technology or Services Capella makes available, to any third party, unless expressly permitted by Capella in writing.

 8. You may not share a single login for the Service between multiple users

SECURITY

You are solely responsible for any breaches of security affecting your network or the servers under your control. You must protect the confidentiality of your password (s) and Capella encourages you to change your password (s) periodically.

You should notify Capella immediately of any unauthorised use of your password, account or other security breach affecting the Services by emailing support@capellaconsulting.co.nz.

ADMINISTRATIVE ACCESS

The Customer acknowledges that to facilitate efficient management, support and related activities; Capella may include a Capella Administrative account and password. All reasonable precautions are made by Capella to maintain the security of these tools and the privacy of Customer data.

COPYRIGHTS AND TRADEMARKS

MRS, LeadBI, Capella Consulting Ltd and the Capella logo are registered or pending registered trademarks of Capella. All other names and logos may be trademarks or registered trademarks of their respective owners.

Unless you have prior written communication, you may not:

 1) remove any copyright, trademark or other proprietary rights notices contained in, or on, the Service

 2) modify the Capella logo or any other brand features

 3) use any name, logo, tagline or other mark of Capella; including without limitation:

  i. as a hypertext link to any website or other location

  ii. to imply identification with us as an employee, contractor, agent, or other similar representative capacity

CONSEQUENCES OF VIOLATION

The consequences, if you, or the use of your account, is found to be in violation of this policy, are set out in your ToS. If your ToS is silent on breach of this policy, if you, or use of your account, is found to be in violation of this policy at any time, as determined by Capella in its sole discretion; Capella may, without notice to you, suspend or terminate your account; or remove any content transmitted via the Service. No refunds or fees shall be repayable to the Customer in the event of such termination or during any period of suspension.

In addition to any terms in your ToS:

  1.  You must cooperate with Capella’s reasonable investigation of any suspected or alleged violation of this AUP.
  2.  You are strictly responsible for the use of the Services in violation of this AUP, including use by your employees, contractors, agents and including unauthorised use; except unauthorised use that results from Capella’s material failure to perform its obligations under the ToS.
  3.  Capella will charge the Customer its standard hourly rate for recovery resulting from breach of this AUP, plus the cost of equipment and material needed to:

     1) investigate or otherwise respond to any suspected violation

     2) remedy any harm caused to Capella, its service providers or any of its Customers by your violation of this AUP or the use of your account in violation of this AUP

    3) respond to complaints

    4) respond to subpoenas and other third party requests for information as described in the ToS

    5) have Capella’s or its service providers Internet Protocol numbers removed from any ‘blacklist’, other abuse databases or other service providers’ email blocking systems

4) Capella, may without notice to you:

    1) report to the appropriate authorities, any conduct by you that it believes violates applicable criminal law

    2) provide any information it has about you in response to a formal or informal request from a law enforcement, government agency or in response to a formal request in a civil action; that on its face meets the requirements for such a request

DISCLAIMER

Capella cannot monitor or control all the activities of the Customer. Subject to its right to terminate its agreement with a Customer which has violated this AUP, except as expressly provided for in your ToS Capella exercises no control over Customer content and does not actively screen or censor the activities of its Customers.

The Customer, not Capella, accepts all responsibility and liability relating to its use of the Services, Site, Capella’s or Capella’s service providers’ networks.

Capella disclaims any obligation to any person or entity who has not entered into an agreement with Capella for Services.

Last Updated – 10 May 2019

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