This Acceptable Use Policy (“AUP”) sets forth terms and conditions for acceptable access and use of Aquicore, Inc.’s (“Aquicore”, “we” or “us”) websites, products, and services (collectively, the “Services”) by authorized customers and their users (collectively, “Users”) and supplements any written agreement between Aquicore and a User. This AUP is not meant to be exhaustive, but sets forth examples of conduct deemed by Aquicore to be inappropriate, improper or harmful to Aquicore’s network and Services and thereby prohibited. The restrictions set forth in this AUP shall apply to a User’s employees and any other person or entity that is provided access to the Aquicore Services directly or indirectly by a User (the “Affiliates”). By accessing or using the Services, each User acknowledges that it is authorized to enter into this AUP and has read, understood and agrees to comply with the terms of this AUP, will cause its Affiliates comply with this AUP, and will be responsible for violations of this AUP by its Affiliates. If User does not agree to this AUP, then do not use the Services.
User must access and use the Services for lawful purposes and in a manner consistent with the permitted use of the Services. Unless otherwise expressly permitted in writing by Aquicore, User may not assign, transfer, distribute, resell, lease or otherwise provide access to any third party to the Services, or use the Services for the benefit of any third party. User may only use the Services in accordance with this AUP, the Aquicore Terms of Service located at https://aquicore.com/terms/ and your Subscription Agreement with Aquicore.
In this AUP, the term “content” means: (1) any information, data, text, software, code, scripts, music, sound, photos, graphics, videos, messages, tags, interactive features, or other materials that you post, upload, share, submit, or otherwise provide in any manner to the Services and (2) any other materials, content, or data you provide to Aquicore or use with the Services.
Without affecting any other remedies available to us, Aquicore may permanently or temporarily terminate or suspend a User’s account or access to the Services without notice or liability if Aquicore (in its sole discretion) determines that a User or its Affiliates has violated this AUP and reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing. Aquicore shall not be liable for any damages of any nature suffered by any User, Affiliates, or any third party resulting in whole or in part from our exercise of our rights under this AUP. User agrees to indemnify Aquicore for any and all damages, claims, suits, costs or expenses asserted against or incurred by Aquicore related to or in connection with a violation of this AUP by User or its Affiliates.
User agrees that this AUP and User’s use of the Services will be governed by the laws of the State of Delaware, USA, without giving effect to its principles of conflicts of laws. User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to this AUP or User’s or its Affiliate’s use of the Services shall be filed only in the state or federal courts located in the State of Delaware, and User further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Those who choose to access this site from locations outside of Delaware are responsible for compliance with all applicable local laws. If Aquicore takes action against User as a result of User’s or its Affiliate’s violation of this AUP, Aquicore will be entitled to recover from User, and User agrees to pay, Aquicore’s reasonable attorneys’ fees and costs incurred in connection with such action, in addition to any other relief granted to Aquicore. Our failure to act with respect to a breach by User or its Affiliates of the terms and conditions hereof shall not constitute a waiver of our rights with respect to such breach or subsequent breaches.