B2B Portal: Acceptable Use Policy
This AUP sets out the obligations and responsibilities of the Customer in connection with the use of the Delaware Service. The Customer shall ensure and warrants that the Authorized Users are made aware of these obligations and responsibilities and that they comply with them in their usage of the Delaware Service.
The Customer is only entitled to use the Delaware Service for its intended purpose and to only use the Delaware Service in conjunction with the Equipment and materials as are needed to derive the benefit of the Delaware Service.
The Delaware Service may not be used for illegal or irresponsible actions. The following is, in any event (non-exhaustive), considered to be illegal or irresponsible:
(a) using the Delaware Service to cause harm to minors (e.g. child pornography);
(b) sending, spreading, publishing, displaying materials which (i) endanger a person’s security or health or which could harm institutions, the public safety or public health; (ii) are excessively violent or which incite violence, threaten with violence, having a harassing content or contain hate generating comments; (iii) promote illegal drugs, violate the export regulations or that are connected to illegal gambling or illegal arms trafficking; to disrupt the systems in the network and/or Solution and/or to disrupt the network Delaware Services or network communications (iv) any material (via uploading or otherwise) that infringes any copyright, trademark, patent, trade and/or other secrets or other (intellectual) property rights of third parties;
(c) using the Delaware Service to make fraudulent offers, to buy or sell fraudulent goods or Delaware Services or to promote scams;
(d) collecting or using (i) (personal) information without the permission of the owner of the information; (ii) e-mail addresses; screen names; e-ID cards, payment card and/or credit cart data or other user identification without the permission of the identified person, including but not limited to phishing, internet scamming, theft of passwords, spidering or harvesting; to deliberately spread viruses or to introduce other types of malicious programs into the network or system which aim to harm (or threaten to do so) the systems, software or date of third parties;
(e) exploiting the Delaware Service to gain access or attempt to gain access to the accounts of third parties;
(f) violating the integrity of computer- and network systems; including developing or using programs that hinder other users or to infiltrate in and/or damage a computer, a computer system or a network or which alter the software components of a computer, a computer system or a network;
(g) gaining or attempting to gain access to the accounts of third parties, or to infiltrate or attempt to infiltrate in the security of the computer software or hardware, electronic communication systems of the Delaware Service or a third party.
In order to protect the Delaware Service, the Customer shall be responsible for:
(a) ensuring that access is only provided to the Authorized Users and that the Authorized Users only have access to their accounts;
(b) protecting and keeping safe the log-in credentials;
(c) ensuring that the Delaware Service is only used in accordance with the proper Equipment;
(d) ensuring the Equipment contains the necessary protection measures (e.g. anti-virus software, firewalls, etc.);
It is prohibited:
(a) to bypass the user identification or security of the Delaware Service, network or account or to provide itself or Authorized Users unauthorized access to data and/or to provide itself or the Authorized Users access to data which was not meant for it;
(b) to login to or make use of a server or account of which the Customer or the Authorized Users have no access to;
(c) to make use of tools which are designed to bypass or break security measures or to introduce or make use of tools designed to create excessive requests (e.g. (distributed) denial of Delaware Service attacks) to bring down the SaaS.
The Customer recognizes and accepts that compliance with this AUP constitutes an essential obligation of the Agreement. As such, Delaware shall be entitled to terminate the Agreement in case of breach or non-compliance with this AUP.
Without prejudice to any liability provisions, in the event that the Customer or its Authorized Users breach this AUP, the Customer shall also defend, indemnify and hold harmless Delaware for any damages, losses, expenses, liabilities or claims that Delaware might incur as a result.
A breach of this AUP might also lead to criminal and/or civil prosecution. The Customer recognizes and accepts that Delaware will comply with the competent authorities and/or relevant third parties to investigate criminal and other undesirable activities relating to the (mis)use of the SaaS.