1. Introduction
CTM provides business and consumers with a variety of information technology related products and services, including public internet access, content delivery services, electronic mail (e-mail), database access and retrieval, world wide web hosting arrangements, e-commerce, bulletin boards, Wi-Fi, data center, cloud-based services and other data and internet-related telecommunications services (each, a "Service" and collectively the "Services").
This Acceptable Use Policy ("AUP") defines the acceptable use of the Services with a view to ensuring quality of service and the privacy of our Customers and the integrity, security, reliability and privacy of CTM network, systems, products, Services, server hosting facilities and data contained therein (collectively, the "CTM Network"). CTM Customers (who for the purposes of this policy, are defined as any party who purchases a Service from CTM) are required to comply with this AUP as a condition of receiving Services from CTM.
CTM Customers are solely responsible for the content and messages that they access, post, distribute or otherwise make available using the CTM Network.
2. Prohibited Activities
It is contrary to CTM policy for any of its Customers or other Service users to effect or participate in any of the activities listed below (whether actual or attempted and whether directly or indirectly) through a Service.
Each of the practices listed below (each, a "Prohibited Activity") constitutes an abuse of the CTM Network and interferes with other Customers, therefore is prohibited.
2.1 Advertising, transmitting, or otherwise making available any software, program, product, or service that violates this AUP, which includes, but is not limited to, engaging in or facilitating the means to send unsolicited commercial messages or communications in any form or unsolicited bulk email ("SPAM"), initiation of pinging, flooding, and denial of service attacks;
2.2 Falsifying user or other Service related information, including, but not limited to, intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return mailing and internet protocol addresses, provided to CTM or to other Service users or engaging in any activities or actions intended to withhold or cloak Customer's or its end users identity or contact information;
2.3 Engaging in any other activity which:
(a) violates any law or regulation, including, but not limited to, spreading of rumours, libel, slander, invasion of privacy, harassment, obscenity, pornography, and infringement or misappropriation of another party's copyrights, trademarks, patents, trade secrets or other intellectual property rights;
(b) threatens the integrity and/or security of any network or computer system, including, but not limited to, transmission of viruses, trojan horses, worms, mail-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(c) has the purpose of harming or attempting to harm minors in any way;
(d) attempts to use the Service in such a manner so as to avoid incurring charges for or otherwise being required to pay for such usage;
(e) makes an excessive use of, or places unusual burdens on, CTM Network, or detrimentally affects or interferes with other customers' use of a Service;
(f) breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
(g) violates generally accepted standards of internet or other networks conduct and usage, including, but not limited to, webpage defacement, port and network scanning, and unauthorised system penetrations.
2.4
Engaging in any Prohibited Activity by using another provider's service, but channelling the activity through a CTM account, remailer, or otherwise through a Service.
2.5
Any indirect or attempted violation of this AUP by or on behalf of a Customer or a Customer's end user, and any actual or attempted violation by a third party on behalf of a Customer or a Customer's end user, shall be considered a violation of the AUP by such Customer or Customer's end user.
3. Rights and Remedies
3.1
If CTM reasonably determines that a Customer, its representatives or its end users have breached or failed to comply with this AUP or engaged (or permitted others to engage) in a Prohibited Activity, CTM may take such action as it deems appropriate. This may include, without limitation, all or any of the following:
(a)
suspending and/or terminating a Customer's Service at any time;
(b)
issuing of a warning to the Customer;
(c)
commencing legal proceedings against the Customer for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach of this AUP;
(d)
denying all traffic from known IP address blocks that support unlawful or Prohibited Activity, for the purpose of preserving Customer's system and network resources;
(e)
undertaking further legal action against a Customer; and
(f)
in the event of illegal activities, investigating and notifying the competent authorities.
3.2
If CTM receives a court order requesting it to reveal a Customer’s identity to someone complaining that the Customer has used the Services abusively, CTM will be entitled to do so. CTM will also be entitled to reveal the Customer’s identity or other data CTM holds regarding the use of the Services to the police or other public authorities if CTM is required to do so by law.
3.3
CTM will consider all cases and complaints according to their individual merits. CTM has the right not to take action against the Customer even where a complaint is made against the Customer for breach of this AUP.
3.4
CTM reserves the right to, where feasible and legally admissible, implement technical mechanisms to prevent a Prohibited Activity. In addition, CTM reserves the right to charge the Customer to cover administrative costs associated with the Prohibited Activities of the Customer including, but not limited to, recovery of the costs of identifying offenders and removing them from or discontinuing providing them Service, in an amount equal to CTM actual expenses incurred in preventing or responding to such activity.
3.5
Nothing in this AUP limits CTM legal rights and remedies in any way with respect to any Prohibited Activity.
5. Enforceability and Modification of this AUP
If any provision of this AUP is held or declared invalid, illegal or unenforceable for any reason, the offending words shall be deemed to be deleted and the remaining provisions shall remain in full force and effect.
CTM reserves the right to update this AUP from time to time without notice, effective upon posting the modified AUP online at the
CTM Official Home Page
.
6. Governing Law and Jurisdiction
This AUP shall be governed by the laws of the Macau Special Administrative Region of the People’s Republic of China.
