This Acceptable Use Policy (“AUP”) governs the use of all Services provided by Data Canopy Colocation, LLC (“Data Canopy”) to its Clients under the Master Services Agreement (“MSA”). This AUP is incorporated into and made an integral part of the MSA. Any capitalized terms that are not defined herein will have the same definition as the MSA. A Client’s use and/or continuation of the Service constitutes acceptance of this AUP. Data Canopy reserves the right to refuse to provide the Service at our sole discretion.
This AUP sets forth the guidelines by which all Clients and End Users are expected to conduct themselves in their use of the Services and Systems, and it describes the types of actions and content that are expressly prohibited. It is intended to protect Data Canopy (its employees, Services, and Systems) and all Clients and End Users from improper, inappropriate, abusive or illegal activity. Data Canopy reserves the right to determine, in its sole and exclusive judgment, what activities are unacceptable under this AUP. This version of this AUP is the most recent and currently binding version.
1. End User Responsibility
For the purposes of this AUP, Clients are solely responsible for the actions and activities of everyone to whom they provide access to the Services or Systems. Therefore, where the term “Client” is used herein, it will also include all such Client’s employees, Affiliates, resellers, partners, and End Users. It is a Client’s responsibility and contractual obligation to ensure that its employees, Affiliates, resellers, partners, agents, and End Users all comply with this AUP.
2. Inappropriate and Illegal Content
Clients are solely responsible for the content that they upload to Company’s Systems or Client Equipment. Company does not review, edit, censor, or take responsibility for any information or material that Clients may create. Company expressly disclaims any and all liability to Clients or any third parties, resulting from inaccurate, unsuitable, offensive or illegal content or transactions. Company specifically reserves the right to refuse to provide the Service to Clients engaged in any Illegal Activities, Abuse of Services, Security Violations, Offensive Behaviors, Spamming, or who are otherwise in contravention of any term of this AUP.
Client shall not use the Services or Systems to transmit, distribute or store material that is inappropriate, as reasonably determined by Company, or material that is illegal, defamatory, libelous, indecent, obscene, pornographic, enables illegal online gambling, or is inconsistent with the generally accepted practices of the Internet community. Client shall ensure that its and its Users’ use of the Company Services or Systems and all content transmitted, distributed, or stored on the Company Systems do not violate any applicable domestic or foreign laws or regulations including but not limited to Export Control Laws, or any laws relating to content distribution, encryption, or any rights of any third party. Client shall not use the Company Services or Systems to transmit, distribute, or store material that contains a virus, worm, Trojan horse, or other component harmful to the Company Services or Systems, any other network or equipment, or to the Client’s Users.
3. Illegal Activities
Clients may only use the Services for lawful purposes. The transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or code via the Services is strictly prohibited (“Illegal Activities”). Clients will not use the Services, Systems, or any component thereof in any manner which:
This list of Illegal Activities is intended as a guideline and is not exhaustive.
Company reserves the right to cooperate with law enforcement, the Department of Justice, and any applicable third parties of competent authority in the investigation of any alleged Illegal Activities involving any Client or End User and their use of the Services or the Systems.
4. Abuse of Services
Clients must be respectful of Company’s other Clients and End Users when using the Services. Any activity that interferes with or adversely affects the Services (including the use of or access to by any other Client, End User, or third party) is strictly prohibited (“Abuse of Services”). Clients will not use the Services, Systems, or any component thereof, in any manner which:
This list of Abuse of Services is intended as a guideline and is not exhaustive.
5. System and/or Network Security Violations
Company relies upon the Systems (including physical infrastructure and network) in order to provide the Services to all of its Clients. As such, any activity that compromises or affects the safety or security of the Systems is strictly prohibited (“Security Violations”). Clients will not use the Services, Systems or any component thereof, in any manner which:
This list of Security Violations is intended as a guideline and is not exhaustive.
Company reserves the right to take immediate action to suspend or terminate a Client’s account and/or Services if, in Company’s sole and exclusive determination, such Client is engaging in activities that jeopardize the security of the Systems, the security of other Clients, or of the Internet in general. Such Client may not be provided with advance notice that Company is taking such action.
6. Offensive Behavior
Clients will conduct themselves in a professional and business-like manner in their use of the Services. Clients will not use abusive or offensive language when addressing Data Canopy’s employees or agents. Clients will not transmit, store, disseminate, or present any information, data or material that, while technically legal, runs counter to Data Canopy’s corporate principles or is generally considered objectionable in the Internet community. This type of content includes, but is not limited to, racism, hate speech, threats, defamation, excessive violence, incitement to violence, harassment, depictions or descriptions of an obscene nature, violations of a person’s privacy, material that is malicious or morally repugnant.
7. SPAM
Spam is commercial e-mail that: (i) has not been requested by the recipient, (ii) is not compliant with the U.S. Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM Act) or the Canada Anti-Spam Legislation (CASL), or (iii) even if requested or compliant with the CAN-SPAM Act or CASL, causes other entities to block or blacklist Data Canopy’s IP Addresses. Clients will not use the Services to send spam or to host a site that is advertised in spam (a spamvertized site). If Data Canopy determines in its sole and exclusive judgment that any Client or any End User is involved in spamming, Data Canopy will suspend or terminate such Client’s account as Data Canopy deems necessary.
Data Canopy uses industry standard methods to filter outbound e-mail sent via the Services for spam. Data Canopy will use commercially reasonable efforts to inform a Client if any of Client’s outbound mail has been marked as spam and blocked. Clients should regularly review their outbound e-mail to determine whether any e-mail has been blocked. Clients have the option of using a spam filter to scan inbound e-mail. Clients should familiarize themselves with this technology and its use. Data Canopy is not responsible or liable for a Client’s spam filter settings.
8. IP Addresses
Clients may only use the IP addresses assigned by Data Canopy or its designated network partner. If a Client is using an IP address that was not officially assigned by Data Canopy, the Service will be suspended until such time as the IP address overlap can be corrected. As between Data Canopy and a Client, Data Canopy and/or its network partner owns all IP numbers and addresses that may be assigned to such Client. Clients may only use their assigned IP addresses as permitted by the MSA and this AUP. Clients are not permitted to further assign or transfer any IP address(es) that may have been assigned to them. Data Canopy recycles IP addresses on termination of a Client Account. Data Canopy and/or its network partner may change or remove IP numbers and addresses at its sole discretion. Data Canopy will use commercially reasonable efforts to give Client advance notice of any such IP number or address change or removal.
9. Breach of Policy
If Data Canopy determines that a Client is engaging in, or the Services associated with Client have been used in, any activity that is in breach of this AUP, whether intentionally or unintentionally, Data Canopy may, at its sole discretion and without prior notice, immediately suspend the Data Canopy Services and the Client Account in whole or in part. Data Canopy will promptly notify Client in writing upon suspending Services for breach of this AUP. A suspension for breach of this AUP may be implemented until the prohibited activity or threat has been remedied to Data Canopy’s sole reasonable satisfaction. Service Fees will continue to accrue during the suspension and Client will ensure timely payment of all Service Fees due. Client will not receive a refund of any Service Fees already paid to Data Canopy. In addition, Client will be responsible for all costs, including labor and other resources, to remedy any damage done to the Systems or to attend to complaints received by Data Canopy. Client agrees to hold Data Canopy harmless from any claims that a suspension or termination of Services for a violation of this AUP has damaged Client.
10. Reporting a Breach / Notices
If you have a good faith belief that a Client or End User has violated any term of this AUP, please contact the Data Canopy Abuse Department at the address below. Your notice must contain, at a minimum, your first and last name, and either a working, monitored e-mail address, or a working, monitored, telephone number. Notices sent to the wrong address will be not be reviewed. We do not review anonymous complaints, and will refer individuals who deliberately attempt to mislead us regarding their identity, or the basis for their complaints, to appropriate law enforcement officials.
Data Canopy Technologies, LLC
Attention: Abuse Department
11654 Plaza America Drive, Ste 531
Reston, VA 20190
Email: abuse@datacanopy.com
11. Policy Changes
The Internet and the information and technology industry (including the laws, regulations, policies, and risks associated with them) are constantly and rapidly changing, and, as such, Data Canopy reserves the right to update the AUP from time to time at its sole discretion to address those changes as they come into effect. Client’s continued use of the Services following publication or other notice of the amended AUP constitutes Client’s agreement and acceptance of the amendments.
