Terms and Conditions
1.1 Except to the extent expressly provided otherwise, in this Agreement:
"Account" means an account enabling a person to access and use the Hosted Services, including both administrator accounts and user accounts;
"Agreement" means this agreement including any Schedules, and any amendments to this Agreement from time to time;
"Business Day" means any weekday other than a bank or public holiday in the United States;
"Business Hours" means the hours of 08:00 to 17:00 MST/MDT on a Business Day;
"Charges" means the amounts specified in the Prices/Charges Schedule.
"Customer Confidential Information" means:
(a) any information disclosed by or on behalf of the Customer to the Aquaveo (whether disclosed in writing, orally or otherwise) that at the time of disclosure:
(i) was marked or described as "confidential"; or
(ii) should have been reasonably understood by the Aquaveo to be confidential; and
(b) Customer Data;
"Customer Data" means all data, works and materials: uploaded to or stored on the Platform by the Customer; transmitted by the Platform at the instigation of the Customer; supplied by the Customer to Aquaveo for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Hosted Services by the Customer;
"Documentation" means the documentation for the Hosted Services produced by Aquaveo and delivered or made available by Aquaveo to the Customer;
"Effective Date" means the date of execution of this Agreement;
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
"Hosted Services" means Aquaveo Portal and the web applications developed by Aquaveo which will be made available to the Customer as a service via the internet in accordance with this Agreement;
"Hosted Services Defect" means a defect, error or bug in the Platform having an adverse effect on the appearance, operation, functionality or performance of the Hosted Services, but excluding any defect, error or bug caused by or arising as a result of:
(a) any act or omission of the Customer or any person authorized by the Customer to use the Platform or Hosted Services;
(b) any use of the Platform or Hosted Services contrary to the Documentation, whether by the Customer or by any person authorized by the Customer;
(c) a failure of the Customer to perform or observe any of its obligations in this Agreement; and/or
(d) an incompatibility between the Platform or Hosted Services and any other system, network, application, program, hardware or software not specified as compatible in the Hosted Services Specification;
"Hosted Services Specification" means the specification for the Platform and Hosted Services at http://www.aquaveo.com/software/citywater-pricing;
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
"Maintenance Services" means the general maintenance and testing of the Platform and Hosted Services, and the application of Updates and Upgrades;
"Permitted Purpose" means the ongoing software development, testing, and Maintenance Services activities necessary to provide the Hosted Services;
"Personal Data" has the meaning given to it in the Data Protection Act 1998;
"Platform" means the platform managed by Aquaveo and used by the Aquaveo to provide the Hosted Services.
"Schedule" means any schedule attached to the main body of this Agreement;
"Services" means any services that Aquaveo provides to the Customer, or has an obligation to provide to the Customer, under this Agreement;
"Support Services" means support in relation to the use of, and the identification and resolution of errors in, the Hosted Services, but shall not include the provision of training services;
"Supported Web Browser" means the current release from time to time of Mozilla Firefox, Google Chrome or Apple Safari;
"Term" means the term of this Agreement, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2;
"Update" means a hotfix, patch or minor version update to any Platform software; and
"Upgrade" means a major version upgrade of any Platform software.
2.1 This Agreement shall come into force upon the Effective Date.
2.2 This Agreement shall continue in force indefinitely OR until subject to termination in accordance with Clause 16.
3. Hosted Services
3.1 Aquaveo shall ensure that the Platform will, on the Effective Date, automatically generate an Account for the Customer and provide to the Customer login details for that Account, OR Aquaveo shall create an Account for the Customer and shall provide to the Customer login details for that Account on or promptly following the Effective Date.
3.2 Aquaveo hereby grants to the Customer a worldwide, non-exclusive license to use the Hosted Services by means of a Supported Web Browser for the internal business purposes of the Customer in accordance with the Documentation during the Term.
3.3 The license granted by Aquaveo to the Customer under Clause 3.2 is subject to the following limitations:
(a) the Hosted Services may only be used by the officers, employees, agents, subcontractors, and clients of the Customer;
(b) the Hosted Services must not be used at any point in time by more than the number of concurrent users purchased.
3.4 Except to the extent expressly permitted in this Agreement or required by law on a non-excludable basis, the license granted by Aquaveo to the Customer under Clause 3.2 is subject to the following prohibitions:
(a) the Customer must not sub-license its right to access and use the Hosted Services;
(b) the Customer must not permit any unauthorised person to access or use the Hosted Services;
(c) the Customer must not make any alteration to the Platform, except as permitted by the Documentation.
3.5 The Customer shall use reasonable endeavors, including reasonable security measures relating to Account access details, to ensure that no unauthorized person may gain access to the Hosted Services using an Account.
3.6 Aquaveo shall use reasonable endeavors to maintain the availability of the Hosted Services to the Customer, but does not guarantee 100% availability.
3.7 For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of this Agreement:
(a) a Force Majeure Event;
(b) a fault or failure of the internet or any public telecommunications network;
(c) a fault or failure of the Customer's computer systems or networks;
(d) any breach by the Customer of this Agreement; or
(e) scheduled maintenance carried out in accordance with this Agreement.
3.8 The Customer must comply with Schedule 1 (Acceptable Use Policy), and must ensure that all persons using the Hosted Services with the authority of the Customer or by means of an Account comply with Schedule 1 (Acceptable Use Policy).
3.9 The Customer must not use the Hosted Services in any way that causes, or may cause, damage to the Hosted Services or Platform or impairment of the availability or accessibility of the Hosted Services.
3.10 The Customer must not use the Hosted 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.
3.11 For the avoidance of doubt, the Customer has no right to access the software code (including object code, intermediate code and source code) of the Platform, either during or after the Term.
3.12 Aquaveo may suspend the provision of the Hosted Services if any amount due to be paid by the Customer to Aquaveo under this Agreement is overdue, and Aquaveo has given to the Customer at least 30 days' written notice, following the amount becoming overdue, of its intention to suspend the Hosted Services on this basis.
4. Maintenance Services
4.1 Aquaveo shall provide the Maintenance Services to the Customer during the Term.
4.2 Aquaveo shall where practicable give to the Customer prior written notice of scheduled Maintenance Services that are likely to affect the availability of the Hosted Services or are likely to have a material negative impact upon the Hosted Services, without prejudice to Aquaveo’s other notice obligations under this main body of this Agreement.
4.3 Aquaveo shall provide the Maintenance Services with reasonable skill and care.
4.6 Aquaveo may suspend the provision of the Maintenance Services if any amount due to be paid by the Customer to Aquaveo under this Agreement is overdue, and Aquaveo has given to the Customer at least 30 days' written notice, following the amount becoming overdue, of its intention to suspend the Maintenance Services on this basis.
5. Support Services
5.1 Aquaveo shall provide the Support Services to the Customer during the Term.
5.2 Aquaveo shall make available to the Customer a helpdesk in accordance with the provisions of this main body of this Agreement.
5.3 Aquaveo shall provide the Support Services with reasonable skill and care.
5.4 The Customer may use the helpdesk for the purposes of requesting and, where applicable, receiving the Support Services; and the Customer must not use the helpdesk for any other purpose.
5.5 Aquaveo shall respond promptly to all requests for Support Services made by the Customer through the helpdesk.
5.6 Aquaveo may suspend the provision of the Support Services if any amount due to be paid by the Customer to Aquaveo under this Agreement is overdue, and Aquaveo has given to the Customer at least 30 days' written notice, following the amount becoming overdue, of its intention to suspend the Support Services on this basis.
6. Customer Data
6.1 The Customer hereby grants to Aquaveo a non-exclusive license to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Customer Data to the extent reasonably required for the performance of Aquaveo's obligations and the exercise of Aquaveo's rights under this Agreement, together with the right to sub-license these rights to its hosting, connectivity and telecommunications service providers to the extent reasonably required for the performance of Aquaveo's obligations and the exercise of Aquaveo's rights under this Agreement.
6.2 The Customer warrants to Aquaveo that the Customer Data will not infringe the Intellectual Property Rights or other legal rights of any person.
6.3 Aquaveo shall create a back-up copy of the Customer Data at least weekly, shall ensure that each such copy is sufficient to enable Aquaveo to restore the Hosted Services to the state they were in at the time the back-up was taken, and shall retain and securely store each such copy for a minimum period of 30 days.
7. No assignment of Intellectual Property Rights
7.1 Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from Aquaveo to the Customer, or from the Customer to Aquaveo.
8.1 The Customer shall pay the Charges to Aquaveo in accordance with this Agreement.
8.2 If the Charges are based in whole or part upon the time spent by Aquaveo performing the Services, Aquaveo must obtain the Customer's written consent before performing Services that result in any estimate of time-based Charges given to the Customer being exceeded or any budget for time-based Charges agreed by the parties being exceeded; and unless the Customer agrees otherwise in writing, the Customer shall not be liable to pay to Aquaveo any Charges in respect of Services performed in breach of this Clause 8.2.
8.3 All amounts stated in or in relation to this Agreement are, unless the context requires otherwise, stated inclusive of any applicable taxes.
8.4 Aquaveo may elect to vary any element of the Charges by giving to the Customer not less than 30 days' written notice of the variation.
9.1 Aquaveo shall issue invoices for the Charges to the Customer from time to time during the Term.
9.2 The Customer must pay the Charges to Aquaveo within the period of 60 days following the issue of an invoice in accordance with this Clause 9.
9.3 The Customer must pay the Charges by debit card, credit card, direct debit, bank transfer or check using such payment details as are notified by Aquaveo to the Customer from time to time.
10. Provider's confidentiality obligations
10.1 Aquaveo must:
(a) keep the Customer Confidential Information strictly confidential;
(b) not disclose the Customer Confidential Information to any person without the Customer's prior written consent;
(c) use the same degree of care to protect the confidentiality of the Customer Confidential Information as Aquaveo uses to protect Aquaveo's own confidential information of a similar nature, being at least a reasonable degree of care;
10.2 Notwithstanding Clause 10.1, Aquaveo may disclose the Customer Confidential Information to Aquaveo's officers, employees, professional advisers, insurers, agents and subcontractors who have a need to access the Customer Confidential Information for the performance of their work with respect to the Permitted Purpose.
10.3 This Clause 10 imposes no obligations upon Aquaveo with respect to Customer Confidential Information that:
(a) is known to Aquaveo before disclosure under this Agreement and is not subject to any other obligation of confidentiality;
(b) is or becomes publicly known through no act or default of Aquaveo; or
(c) is obtained by Aquaveo from a third party in circumstances where Aquaveo has no reason to believe that there has been a breach of an obligation of confidentiality.
10.4 The restrictions in this Clause 10 do not apply to the extent that any Customer Confidential Information is required to be disclosed by any law or regulation, or by any judicial or governmental order or request.
11. Data protection
11.1 The Customer warrants to Aquaveo that it has the legal right to disclose all Personal Data that it does in fact disclose to Aquaveo under or in connection with this Agreement and that the processing of that Personal Data by Aquaveo for the Permitted Purpose in accordance with this Agreement will not breach any applicable data protection or data privacy laws.
11.2 To the extent that Aquaveo processes Personal Data disclosed by the Customer, Aquaveo warrants that:
(a) it will act only on instructions from the Customer in relation to the processing of that Personal Data;
(b) it has in place appropriate security measures (both technical and organizational) against unlawful or unauthorised processing of that Personal Data and against loss or corruption of that Personal Data.
12.1 Aquaveo warrants to the Customer that:
(a) Aquaveo has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement;
(b) Aquaveo will comply with all applicable legal and regulatory requirements applying to the exercise of Aquaveo's rights and the fulfilment of Aquaveo's obligations under this Agreement; and
(c) Aquaveo has or has access to all necessary know-how, expertise and experience to perform its obligations under this Agreement.
12.2 Aquaveo warrants to the Customer that:
(a) the Platform and Hosted Services will conform in all material respects with the Hosted Services Specification;
(b) the Platform will incorporate security features reflecting the requirements of good industry practice.
12.3 Aquaveo warrants to the Customer that the Hosted Services, when used by the Customer in accordance with this Agreement, will not infringe the Intellectual Property Rights of any person.
12.4 If Aquaveo reasonably determines, or any third party alleges, that the use of the Hosted Services by the Customer in accordance with this Agreement infringes any person's Intellectual Property Rights, Aquaveo may at its own cost and expense:
(a) modify the Hosted Services in such a way that they no longer infringe the relevant Intellectual Property Rights; or
(b) procure for the Customer the right to use the Hosted Services in accordance with this Agreement.
12.5 The Customer warrants to Aquaveo that it has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement.
12.6 All of the parties' warranties and representations in respect of the subject matter of this Agreement are expressly set out in this Agreement. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this Agreement will be implied into this Agreement or any related contract.
13. Acknowledgements and warranty limitations
13.1 The Customer acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this Agreement, Aquaveo gives no warranty or representation that the Hosted Services will be wholly free from defects, errors and bugs.
13.2 The Customer acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this Agreement, Aquaveo gives no warranty or representation that the Hosted Services will be entirely secure.
13.3 The Customer acknowledges that the Hosted Services are designed to be compatible only with that software and those systems specified as compatible in the Hosted Services Specification; and Aquaveo does not warrant or represent that the Hosted Services will be compatible with any other software or systems.
13.4 The Customer acknowledges that Aquaveo will not provide any legal, financial, accountancy or taxation advice under this Agreement or in relation to the Hosted Services; and, except to the extent expressly provided otherwise in this Agreement, Aquaveo does not warrant or represent that the Hosted Services or the use of the Hosted Services by the Customer will not give rise to any legal liability on the part of the Customer or any other person.
14. Limitations and exclusions of liability
14.1 Nothing in this Agreement will:
(a) limit or exclude any liability for fraud or fraudulent misrepresentation;
(b) limit any liabilities in any way that is not permitted under applicable law; or
(c) exclude any liabilities that may not be excluded under applicable law.
14.2 The limitations and exclusions of liability set out in this Clause 14 and elsewhere in this Agreement:
(a) are subject to Clause 14.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
14.3 Aquaveo shall not be liable to the in respect of any losses arising out of a Force Majeure Event.
14.4 Aquaveo shall not be liable to the Customer in respect of any loss of profits or anticipated savings.
14.5 Aquaveo shall not be liable to the Customer in respect of any loss of revenue or income.
14.6 Aquaveo shall not be liable to the Customer in respect of any loss of use or production.
14.7 Aquaveo shall not be liable to the Customer in respect of any loss of business, contracts or opportunities.
14.8 Aquaveo shall not be liable to the Customer in respect of any loss or corruption of any data, database or software; providing that this Clause 14.8 shall not protect Aquaveo unless Aquaveo has fully complied with its obligations under Clause 6.3.
14.9 Aquaveo shall not be liable to the Customer in respect of any special, indirect or consequential loss or damage.
14.10 The liability of Aquaveo to the Customer under this Agreement in respect of any event or series of related events shall not exceed:
(a) the total amount paid and payable by the Customer to Aquaveo under this Agreement in the 12 month period preceding the commencement of the event or events.
14.11 The aggregate liability of Aquaveo to the Customer under this Agreement shall not exceed:
(a) the total amount paid and payable by the Customer to Aquaveo under this Agreement.
15. Force Majeure Event
15.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement, that obligation will be suspended for the duration of the Force Majeure Event.
15.2 A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under this Agreement, must:
(a) promptly notify the other; and
(b) inform the other of the period for which it is estimated that such failure or delay will continue.
15.3 A party whose performance of its obligations under this Agreement is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.
16.1 Either party may terminate this Agreement by giving to the other party at least 30 days' written notice of termination.
16.2 Either party may terminate this Agreement immediately by giving written notice of termination to the other party if the other party commits a material breach of this Agreement.
16.3 Either party may terminate this Agreement immediately by giving written notice of termination to the other party if:
(a) the other party:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent; or
(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up; or
(d) if that other party is an individual:
(i) that other party dies;
(ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
(iii) that other party is the subject of a bankruptcy petition or order.
17. Effects of termination
17.1 Upon the termination of this Agreement, all of the provisions of this Agreement shall cease to have effect, save that the following provisions of this Agreement shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 3.11, 9.2, 10, 14, 17, 20 and 21.
17.2 Except to the extent that this Agreement expressly provides otherwise, the termination of this Agreement shall not affect the accrued rights of either party.
17.3 Within 60 days following the termination of this Agreement for any reason:
(a) the Customer must pay to Aquaveo any Charges in respect of Services provided to the Customer before the termination of this Agreement; and
(b) Aquaveo must refund to the Customer any Charges paid by the Customer to Aquaveo in respect of Services that were to be provided to the Customer after the termination of this Agreement.
18.1 Any notice from one party to the other party under this Agreement must be given by one of the following methods (using the relevant contact details set out in Clause 12.2:
(b) sent by recorded signed-for post, in which case the notice shall be deemed to be received 2 Business Days following posting, providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.
18.2 Aquaveo's contact details for notices under this Clause 19 are as follows:
3210 N. Canyon Rd. Ste 300
Provo, UT 84604 USA
18.3 The addressee and contact details set out in Clause 18.2 and may be updated from time to time by a party giving written notice of the update to the other party in accordance with this Clause 18.
19.1 Aquaveo may subcontract any of its obligations under this Agreement, providing that Aquaveo must give to the Customer, promptly following the appointment of a subcontractor, a written notice specifying the subcontracted obligations and identifying the subcontractor in question.
19.2 Aquaveo shall remain responsible to the Customer for the performance of any subcontracted obligations.
19.3 Notwithstanding any other provision of this Agreement, the Customer acknowledges and agrees that Aquaveo may subcontract to any reputable third party hosting business the hosting of the Platform and the provision of services in relation to the support and maintenance of elements of the Platform.
20.1 No breach of any provision of this Agreement shall be waived except with the express written consent of the party not in breach.
20.2 If any provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
20.3 This Agreement may not be varied except by a written document signed by or on behalf of each of the parties.
20.4 Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under this Agreement.
20.5 This Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this Agreement are not subject to the consent of any third party.
20.6 Subject to Clause 14.1, this Agreement shall constitute the entire agreement between the parties in relation to the subject matter of this Agreement, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
20.7 This Agreement shall be governed by and construed in accordance with Utah State law.
20.8 The courts of Utah shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.
21.1 In this Agreement, a reference to a statute or statutory provision includes a reference to:
(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
21.2 The Clause headings do not affect the interpretation of this Agreement.
21.3 References in this Agreement to "calendar months" are to the 12 named periods (January, February and so on) into which a year is divided.
21.4 In this Agreement, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.
Use of Aquaveo’s Hosted Services indicates acceptance of this Agreement by the Customer.
Schedule 1 (Acceptable Use Policy)
1.1 This acceptable use policy (the "Policy") sets out the rules governing:
(a) the use of http://www.portal.aquaveo.com, any successor website, and the services available on that website or any successor website (the "Services"); and
(b) the transmission, storage and processing of content by you, or by any person on your behalf, using the Services ("Content").
1.2 References in this Policy to "you" are to any customer for the Services and any individual user of the Services (and "your" should be construed accordingly); and references in this Policy to "us" are to Aquaveo (and "we" and "our" should be construed accordingly).
1.3 By using the Services, you agree to the rules set out in this Policy.
2. General usage rules
2.1 You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
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 complies with the provisions of this Policy.
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 must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark 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) constitute a breach of racial or religious hatred or discrimination legislation; or
(i) constitute a breach of any contractual obligation owed to any person.
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.
5. Factual accuracy
5.1 Content must not be untrue, false, inaccurate or misleading.
6. Negligent advice
6.1 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.
7.1 Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior 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.
8.1 You acknowledge that we do not actively monitor the Content or the use of the Services.
9.1 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.
10. Harmful software
10.1 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.
10.2 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.