Captua Acceptable Use Policy

Introduction

This Acceptable Use Policy ("AUP") specifies actions prohibited by Captua Limited to users of the Captua family of products.

"Users" and "you" means customers or anyone else who uses or accesses the Services. This AUP outlines the principles that govern use of the systems, services and equipment (e.g. handheld devices supplied by Captua Limited for use with the Captua system).

By using our Services, you agree to comply with all parts of this AUP, and we may (notwithstanding our rights of suspension and restriction referred to below) terminate your account if you fail to comply with any of the same.

We may amend, modify or substitute this AUP at any time and any such modification, amendment or substitution shall be posted on the relevant web site and become automatically effective upon all Users as from the date of posting.

Use of services

As a Captua user, you agree to comply with this acceptable use policy (AUP), and you acknowledge that Captua has the right to enforce this agreement at its sole discretion.

This means that if you as a reseller, or one of your customers, violate the terms of this Agreement, Captua may take any and all appropriate actions—this can range from the issuance of a warning about a violation to the termination of your Captua account to court action - as we deem necessary or appropriate. Captua is not required to provide notice prior to terminating your access for violating these rules and standards, but it may choose to do so.

You are solely responsible for your content and the conduct of your customers, including any content you capture from the field or enter manually.

Captua resellers and customers should conform to the requirements of the law. By your use of Captua, you agree to use appropriate conduct when using the service—this includes (but is not limited to) following the rules of any ISP, any other on-line services, this Agreement and all applicable laws.

Inappropriate conduct falls into a number of categories. The more commonly understood categories are discussed below, although this list is not exclusive.

Bandwidth and Data Storage

Captua offers a core package with optional add-ins (not all features are available for all customers). You must comply with the current bandwidth and data storage Limitations of Service (see bottom of this document) that correspond with your Captua package.

In addition to complying with the limitations for specific features, you must ensure that your activities do not improperly restrict, inhibit, or degrade any other user's use of the service, nor represent (at the discretion of Captua) an unusually great burden on the network or systems themselves.

Captua Limited may terminate or suspend Captua service and/or require you to pay additional fees. Captua Limited may or may not give notice with this at its discretion.

Inappropriate Conduct

Captua may be used only for lawful and proper purposes. The laws and rules that apply in the off-line world must be obeyed on-line as well.

Capturing data or uploading content that could subject Captua Limited to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.

If Captua Limited elects to terminate your right to use Captua as a result of any illegal or prohibited conduct, Captua may elect, in its sole discretion (subject to applicable law), not to refund any subscription or setup fees or other amounts to you.

Examples of prohibited conduct in addition to the above are (but not limited to):

Obscene images (including child pornography)< br/> Pretending to be anyone you are not—you may not impersonate or misrepresent yourself as another user. Captua reserves the right to reject or block any Captua user name which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity
Engaging in copyright infringement or other intellectual property infringement, or disclosing trade secret or confidential information in violation of a confidentiality or nondisclosure agreement

Copyright and Intellectual Property Infringement

Some of the content available on Captua is owned by others, and is protected by copyrights, trademarks, rights of publicity and other intellectual property rights (including but not limited to Google Maps). Before you upload or download any content, make sure you have been given the legal right to do so by the owner of the content.

You may download and use this software for personal or business use
You must not copy, transmit, modify, distribute, show in public or in private, or create any derivative works from any of the software obtained from Captua, unless you have the legal right to do so; and

You can contact Captua Limited for notice of claims of copyright infringement can be reached as follows:

By mail:
Captua Limited
Suite 5/1, Queens House
19 St Vincent Place
Glasgow G1 2DT
United Kingdom

Violations of System and Network Security

Violations of system and network security are prohibited and may result in legal proceedings.

Captua will investigate incidents involving such violations and may involve and will report any suspected criminal activity to the police. Examples of system and network security violations include the following:

Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network

Unauthorised monitoring of data or traffic on any network or system without the express authorsation of Captua
Falsifying your user identity or providing other false information to Captua or to other users
Taking any other action to disrupt the normal use of other Captua users
Providing your Captua user credentials to another user

In addition to the Captua account limitations on bandwidth and disk utilization, certain commercial or business uses are prohibited, including the following:

Reselling Captua without a written reseller agreement
Using or providing to any third person or entity, whether or not for a fee, any directory of or information regarding Captua users.

Late Payment

Captua Limited reserves the right to apply an administration charge to customer accounts with arrears of greater than 60 days. This charge will not exceed 50% of the monthly service subscription in any given calendar month.

Limitations of Service

All Captua Users:

1. Maximum monthly consumption on handheld: 750 MB downstream; 250 MB upstream
2. Maximum monthly consumption on web suite: 2 GB downstream; 1.5 GB downstream
3. Maximum database partition size per project: 5GB
4. Maximum personal database size per user: 2GB

Access to the Service due to excessive bandwidth or storage utilisation will result in account suspension after three (3) written warnings have been issued to the customer and action has not been taken either by Captua or the customer.