This agreement clarifies the Acceptable Use Policy (AUP) that Mabang ERP Users need to obey when using the various network services provided by the Platform. Please carefully read the regulations on Prohibit activities, measures to deal with violations, and Account Safety management requirements to ensure compliant use of System Functions.
Service Range and Target
Mabang provides various Electronic business platform software and port usage services for Business Users, including network Application services such as Products published, Order Processing, Purchase Management, Supplier management, warehouse management, and data Report, helping merchants resolve daily E-commerce operation work.
To ensure service quality, protect Customer service privacy, and Guarantee the integrity, Safety, reliability, and privacy of Mabang Products, System, network, service, server hosting facilities, and materials contained therein (collectively referred to as "Mabang Network Services"), this Acceptable Use Policy (AUP) is hereby formulated.
Any party purchasing services from Mabang (i.e., Mabang client) needs to obey this AUP As a term for accepting Mabang Network Services. Mabang clients are fully responsible for their access, publication, release, or other utilization of the Content, port protocols, and services of Mabang Network Services.
Prohibit Activities
Any client or other service User, whether actually or attempting to, whether directly or indirectly participate in any of the following activities, violates Mabang policy.
The following behaviors constitute abuse of network services and interference with other clients, and are strictly Prohibit to Execute:
- Dissemination of Violating Information and Cyber Attacks: Advertisement, transmission, or otherwise Get any software, program, product, or service that violates the AUP. Including but Not limited to Tools engaged in or facilitating the sending of unauthorized commercial Information or any form of communication or unauthorized bulk mail ("SPAM"), running Ping commands, flood attacks, and denial-of-service attacks, etc.
- Identity Forgery and Data Tampering: Forging User or other service Tools, engaging in activities or behaviors that retain or conceal the identity or contact Information of the client or their end users. Including but Not limited to intentionally leaking, Delete, forging, or misrepresenting important Information, such as: client Business operation Information, order information, Product Info, operation data, etc.
- Other Violating Activities: Engaging in any activities that violate the following situations:
- Violating laws or regulations, including but Not limited to leaking User data, infringing on User privacy, selling important Business data, involving pornographic related products, copyright theft, Imitation card and counterfeit goods, infringing on registered trademarks, patents, trade secrets, or other intellectual property rights;
- Violating Mabang's exclusive rights under relevant franchise agreements;
- Threatening the integrity or Safety of any network or computer System, including but Not limited to spreading viruses, Trojan horses, worm viruses, email bombs, keyloggers, spyware, Advertisement software, or any similar computer code aimed at negatively Impacting the operation of computer software or hardware;
- Aimed at harming or attempting to harm minors in any way;
- Attempting to use the service in a way that evades Duties & Taxes or other requirements to pay for usage;
- Reducing or interfering with other users' use of a service in other ways;
- Violating any statutory obligations owed to Third-party, such as contractual obligations or due obligations;
- Violating generally accepted standards of international network or other network behavior and use, including but Not limited to modifying web pages, network Scanning, and Unauthorized System penetration.
- Indirect Violations: Engaging in the above activities by utilizing services from other providers, except where activities are guided through a Mabang Account, Email Agent, or other means via a service. Any client or their end User or representative indirectly violating this AUP or attempting to violate it, and any Third-party actually violating this AUP or attempting to violate it on behalf of the client or their end User, will be considered as that client or their end User violating this AUP.
Handling of Violations and Remedial Measures
If Mabang determines that any client, their representative, or end User has violated or failed to comply with this AUP, or has engaged in (or allowed others to engage in) any Prohibit activities, Mabang may take measures it deems appropriate, including all or any of the following:
- Pause and/or terminate the client's service at any time;
- Issue a Warning to the client;
- Initiate legal proceedings against the client, demanding compensation for all costs (including but Not limited to reasonable administrative costs and legal fees) incurred due to the violation of this AUP on the basis of requiring compensation;
- For the purpose of protecting the client's System and network resources, Reject all communications from known IP location areas supporting illegal activities;
- Take further legal action against the client;
- If it is illegal behavior, investigate and notify relevant judicial departments.
If Mabang receives a court order requiring it to disclose the client's identity to someone who accuses the client of abusing the service, Mabang has the right to do so. If the law requires Mabang to disclose the client's identity or other data owned by Mabang regarding service usage to the police or other public offices, Mabang also has the right to disclose it.
Mabang will consider all situations and Complaints According to each person's value. Mabang has the right not to take action against a client, even if the Complaint is Regarding the client's violation of this AUP.
If feasible and permitted by law, Mabang reserves the right to take technical means to avoid the occurrence of Prohibit activities. Moreover, Mabang reserves the right to charge the client administrative costs related to their engagement in Prohibit activities, including but Not limited to costs incurred in the process of paying to Confirm violators and removing or interrupting their services. The Amount of collected shall be equivalent to the actual costs incurred by Mabang to prevent or respond to such activities.
Nothing in this AUP limits Mabang's legal powers and remedies for any Prohibit activities. This AUP does not affect the terms and conditions applicable to international network services provided by Mabang within the scope of Mabang Network.
Account Password Protection
Clients are responsible for protecting their Individual passwords and are responsible for any authorized or Unauthorized use of their passwords. Without written Authorization, clients must not reveal their password or use or Allow anyone to use Mabang services to guess the password or enter other systems or networks.
If a network or network device is compromised, Mabang has the full right to decide at its own discretion to assist in the investigation and/or expel the violator at the network level using procedures Mabang deems reasonable.
Policy Execution and Modification
If any clause of this AUP or any part thereof is declared invalid for any Reason, the conflicting wording shall be deemed to Be deleted, and other clauses shall remain fully effective.
Mabang reserves the right to Update this AUP at any time without Notification. The Update becomes effective from the date of publication on the website https://www.mabangerp.com.
Applicable Law and Jurisdiction Permission
This policy is governed by the laws of the People's Republic of China, and both parties fully obey the jurisdiction of the courts of the People's Republic of China.
Shanghai Mabang Technology Co., Ltd