These Acceptable Use Policies, hereinafter referred to as (“The Policies”) establish the general guidelines and acceptable and prohibited uses of the HTTPS://CHARIKLO.NET Website hereinafter referred to as “CHARIKLO”, “Website” or “The Service”, interchangeably, and any of its related products and services (collectively referred to as “The Services”). This Policy is a legally binding agreement between you (“The User”, “You” or “Your”) and CHARIKLO INVESTMENT , SRL (CHARIKLO), “we”, “us” or “our” . Likewise, the terms “our” or “we” shall be understood to refer to CHARIKLO. By accessing and using the Website and/or Services, you acknowledge that you have read, understood, and confirm that you agree to be bound by the terms of this Agreement.

In the event that you are entering into this Agreement on behalf of a business, commercial entity, or any other type of legal entity, you represent that you have the authority to bind yourself on behalf of that entity to this Agreement. In such case, the terms “User”, “You”, or “Your” will refer to said entity. If you are not authorized to do so, or if you do not agree with the terms of this Agreement, you must not accept them or access or use the Website and its Services. You acknowledge that this Agreement is a contract between you and CHARIKLO INVESTMENT, SRL (CHARIKLO), even if it is in electronic format and has not been physically signed by you, meaning that it governs your use of the Website and its Services.

These Policies are directed to users of the Website and its Services, and are applicable and binding to them at all times when they are users. The Website and the Services are directed to Users who are located both in the territory of the Dominican Republic (DR) and abroad.

Prohibited Activities and Uses

The use of the Website and/or the Services to publish content or participate in activities that are illegal according to the law of the Dominican Republic and the international conventions to which it is a signatory, that are harmful to others or that compromise our responsibility is prohibited, including, among others, the following actions:

  • Distribute malware or other malicious code.
  • Reveal personal and/or sensitive information about third parties.
  • Collect or attempt to collect personal information from third parties without their knowledge or consent.
  • Distribute pornography or adult content on The Website and through the use of The Services.
  • Promote or facilitate prostitution or any related service.
  • Host, distribute or link to child pornography or adult content that is harmful to minors.
  • Promote or facilitate games of chance, violence, terrorist activities or the sale of weapons or ammunition.
  • Participate in the illegal distribution of controlled substances, drug smuggling or prescription medications.
  • Manage payment collectors or facilitators, such as the actions of processing payments on behalf of other companies or charities.
  • Facilitate pyramid schemes or other economic benefit models aimed at seeking payments from public actors.
  • Threatening to harm people or property, threatening harassment.
  • Perform manual or automatic testing of payments with credit cards or other payment methods available through bots or scripts.
  • Misrepresent or fraudulently represent any of the products or services offered by us.
  • Infringing on the intellectual property or other proprietary rights of third parties.
  • Facilitate, contribute to or encourage any of the above activities through the Website and Services.

System Abuse

Any user found to be in violation of the security of the Website and/or the Services may be subject to both criminal and civil liability, as well as immediate cancellation of the CHARIKLO account. Some examples of CHARIKLO security breaches include, but are not limited to, the following:

  • Use or distribution of tools expressly designed to compromise the security of the Website and Services.
  • Intentionally or negligently transmitting files that contain a computer virus or corrupted data.
  • Access another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
  • Unauthorized scanning or monitoring of data on any network or system without proper authorization from the owner of the system or network.

Service Resources

The practice of consuming excessive amounts of the resources of the Website and/or the Services is not permitted, nor is it permitted to use the Website and/or the Services in any manner that results in detriment to performance or that disrupts the Services for other users. The prohibitions include, among others:

  • Deliberate attempts to overload the Website and Services, and transmit attacks through the Website and Services (i.e. attacks that prevent the Services from functioning properly).
  • Engage in other activities that degrade the use and performance of the Website and Services.

No SPAM Policies

The use of the Website and the Services to distribute SPAM or unsolicited mass messages is prohibited. We maintain a “zero tolerance” policy toward use of the Website and Services in any manner associated with the transmission, distribution or delivery of any mass email, including unsolicited bulk or commercial email, or the sending, assistance or commissioning the transmission of emails that do not comply with Law No. 310-14, which regulates the sending of unwanted emails and/or commercial messages, by which we are governed for these purposes.

Your products or services advertised through SPAM (i.e. Spamvertised) may not be distributed through the use of the Website and Services. This provision includes, but is not limited to, SPAM sent by fax, telephone, postal mail, email, instant messaging or newsgroups.

Defamation and Objectionable Content

We value and support freedom of expression, while encouraging Users to be respectful of the content they post. We are not a publisher of user content and are not in a position to investigate the veracity of individual defamation claims or determine whether or not certain material, which we may find objectionable, should be censored. However, We reserve the right to moderate, support, disable or remove any content to prevent harm to others, Us or the Website and Services, as determined in Our sole discretion.

Content Protected by Copyright

Copyrighted material must not be posted through the Website and Services without the express permission of its owner, or a person expressly authorized to grant such permission by the Copyright owner. It is understood that the content published on CHARIKLO that has been imported by the User from other web pages is the property of the User, and the User declares that he or she is responsible for publishing it on CHARIKLO.

CHARIKLO upon receipt of a claim of Copyright infringement, or notice of such infringement, may, at its discretion, conduct an inquiry and, upon confirmation, remove the infringing material from the Website and Services. If there are Users with repeated Copyright infringements, we may terminate their Service. We reserve the right to carry out additional procedures, if necessary, in order to respond to complaints of this type. We shall have no liability to any User of the Website and Services for the removal of such material. If you believe that a person or persons using the Website and Services are infringing your Copyright, please contact us to report the copyright infringement via our email info @chariklo.net.

Security

You assume responsibility for taking reasonable security precautions in maintaining your account on the Website. You are responsible for securing and updating any login account provided to you for use of the Website and Services. You must protect the confidentiality of your login information and must change your password periodically.

Compliance and Application of Standards

We reserve the right to be the sole arbiter to determine the severity of each violation and to take immediate remedial action. These include, among others:

  • Suspend or terminate your Service with or without notice for any violation of these Policies. Any violation may also result in the immediate suspension or termination of your account.
  • Suspend or cancel your Service due to failure to comply with monetary obligations.
  • Disable or remove any content that is prohibited by these Policies, including to prevent harm to others, Us, or the Website and Services, as determined in Our discretion.
  • Report violations to the police as determined in our discretion.
  • Failure to respond to an email you receive from our Security team, may be from info@chariklo.net , or other, within 2 days, or as otherwise specified in the communication, may result in suspension or cancellation of your account.

User accounts suspended due to violation will not be reactivated until the violation is corrected and no data or backup will be stored . However, accounts terminated due to violations will not be reactivated and backups of their content will not be provided.

Nothing contained in these Policies will be construed as limiting the actions we may take or the remedies available to us with respect to any prohibited activities. We reserve the right to take any and all further actions we deem appropriate with respect to such activities, including, without limitation, taking steps to recover the costs and expenses expended in identifying infringers and removing them from the Website and the Services, as well as charge cancellation fees to cover our costs. Furthermore, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.

Violations Report

If you have discovered and wish to inform us of a violation of these Policies, please contact us immediately at info@chariklo.net .

Changes and Amendments

We reserve the right to modify these Policies or their terms relating to the Website and Services at any time, including upon posting of an updated version of these Policies on the Website. When we do so, we will send you an email to notify you. Your continued use of the Website and Services after such changes will constitute your consent to such changes.

Acceptance of these Policies

You acknowledge that you have read these Policies and agree to all of their terms and conditions. By accessing and using the Website and Services, you agree to be bound by these Policies. If you do not agree to abide by the terms of these Policies, you are not authorized to access or use the Website and Services.

Contact CHARIKLO

If you wish to contact us to understand more about these Policies or wish to contact us regarding any matter related to these Policies, you may send an email to info @chariklo.net .

This document was last updated on June 22, 2022.