Acceptable Use Policy

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE

What’s in these terms?

This acceptable use policy sets out the content standards that apply when you, as a client, use any of our products and/or services.

Who we are and how to contact us

Metrofile Cloud , we are registered under the laws of Kenya and have our registered office at Pj Park, Enterprise Road, Industrial Area|, Nairobi, Box 78289 - 00507

To contact us, please email [email protected] or +254_______________

We cannot handle complaints concerning networks or users that do not have service contracts with us or our affiliates, or are outside of our control.

All correspondence to us must, at minimum:

1. Detail the reason for the communication and/or complaint;
2. Provide us with the full name and contact details of your name and/or complainant’s details;
3. Ensure that you have followed the procedures for any take-down as set out below.

By using our product and service you accept these terms

By using our product and services, you confirm that you accept the terms of this policy and that you agree to comply with them.

If you do not agree to these terms, you must not use our services and/or our products.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms must be read in conjunction with our standard terms of service. If there is any conflict with those terms and this document, this document will take precedence in respect of the conflict only.

Our website terms and conditions https://kenya.metrofilecloud.com/legal/terms-of-services also apply to your use of our site.

We may make changes to the terms of this policy

We amend these terms from time to time. Every time you wish to use our services, products and/or our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 14 September 2023

Prohibited uses

You may not use our site, services and/or products:

• In any way that breaches any applicable local, national or international law or regulation, including but not limited any laws prohibiting child pornography, obscenity, discrimination (including racial, gender or religious slurs), hate speech, speech designed to incite violence, intimidation or hatred;
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
• In any way that infringes intellectual property rights and copyright laws including materials protected by local and international copyright, trademarks and trade secrets and furthermore including any sale, transmission or distribution of pirated or illegal software, video and/or voice content and recordings;
• For the purpose of harming or attempting to harm minors in any way;
• To bully, defame, stalk, harass, threaten, insult, intimidate or humiliate any person;
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content as set out hereunder.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-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.
• In any way that involves child sexual exploitation or abuse.
• To upload terrorist content.

You also agree:

• Not to use our name or any of our trademarks in any of your content, emails or in any way in contravention of our terms of services or without our prior written consent, which will be at our sole discretion;
• Not to reproduce, duplicate, copy or re-sell any part of our site, services or products.
• Not to conduct any activity whatsoever, including, without limitation, by posting, transmitting, linking to or otherwise distributing any information or software (whether intentionally, or not) that affects, or threatens to affect the performance, functioning integrity or security of our network, sites, products and/or services
• Not to access without authority, interfere with, damage or disrupt:
• any part of our site, services and/or products;
• any equipment or network on which our site, services and/or products are stored;
• any software used in the provision of our site, services and/or products; or
• any equipment or network or software owned or used by any third party;

Your content must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Bully, insult, intimidate or humiliate.
• Promote sexually explicit material.
• Include child sexual abuse material.
• Incite violence or hatred against particular groups.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Include content that would be considered a criminal offence under laws relating to terrorism, child sexual abuse material, racism or zenophobia.
• Infringe any copyright, database right or trade mark of any other person.
• Material that might impair the physical, mental or moral development of persons under the age of 18.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal content or activity.
• Be in contempt of court.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that your content emanates from us, if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

For the avoidance of doubt, for any content in the form of video content:

• You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).
• You must not upload a video containing harmful material.
• You must not upload a video containing advertising for any of the following:
• cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
• for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
• Any advertising included in a video you upload must not:
• prejudice respect for human dignity;
• include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
• encourage behaviour prejudicial to health or safety;
• encourage behaviour grossly prejudicial to the protection of the environment;
• cause physical, mental or moral detriment to persons under the age of 18;
• directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
• directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
• exploit the trust of such persons in parents, teachers or others; or
• unreasonably show such persons in dangerous situations.
• You must use the functionality provided on our site to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.

Breach of this policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate. We will use our sole and unfettered discretion for determining what constitutes a violation of this policy, provided such determination is permissible in law.  

Failure to comply with this acceptable use policy constitutes a material breach of the terms of service upon which you are permitted to use our services and/or products, and may result in our taking all or any of the following actions, in addition to any other action we are permitted to take in law or under our terms of service :

• Immediate, temporary or permanent withdrawal of your right to use our site, services and/or products;
• Intercept and/or block incoming or outgoing electronic email sent to or from our network or through the use of any services/ products provided by us to you or any other customer should such electronic mail be identified as possible spam or be in contravention of this policy, or any other terms of use and/or terms of service;
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement and/or regulatory authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Take-down procedures

If we receive any such notice from the any relevant authority in respect of content hosted in our storage, or in any of our products and/or services, we will make a good faith effort to give notice of the claimed infringement to you, as the account holder/ customer. You will be required to remove the offending content without delay, and if you fail to remove the offending content, you hereby indemnify us in full for any and all loss, or liabilities, expenses, penalties we may incur as a result of your actions and/or omissions in respect of the alleged offending content. Notwithstanding, if we have received a notice from any relevant authority and upon investigation we agree, acting reasonably, with the contents of the complaint, we may remove the offending content and/or remove and/or disable access to the content. You agree, by your use of the services and/or products, that you indemnify us in full and hold us harmless in respect of any of your content hosted on our services and/or products, and you indemnify us in full, if we suspend, remove or disable your access and the content, as result hereof.

How this contract can be transferred

We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.

Which country’s laws apply to any disputes?

You and we both agree that the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Kenyan law and the courts of Kenya will have exclusive jurisdiction.