Acceptable Use Policy
Acceptable Use Policy
DEA TopCo LP, its subsidiaries, and controlled affiliates (“Digital Edge”) have adopted this Acceptable Use Policy (“AUP”) to regulate and manage the responsible use of Digital Edge’s networks, systems, websites, and other services (collectively, “Services”) by our customers and your third-party users of the Services (collectively, “you”).
By using any of our Services, you acknowledge that you and your end-users (“End User”) are responsible and agree to be in full compliance with this AUP. You are responsible for violations of this AUP from any End User in your own organization and End User to whom you are providing our Services. This AUP applies to all aspects of our Services in any of the countries in which we operate or provide our Services. This AUP is implemented to protect Digital Edge, you, and your End Users from illegal and harmful activities and behaviours that could potentially lead to service degradation, service interruption, government prosecution, regulatory penalty, and other undesirable outcomes on a shared common digital infrastructure.
The use of our Services is subject to the general terms and conditions of any agreements entered into by you and Digital Edge. This AUP is incorporated into such agreements by reference. We may have certain Services in certain country which needs additional terms and conditions, in which case the additional terms and conditions will prevail if any inconsistency arises when compared with this AUP. Please refer to the specific services terms and conditions in the relevant country, including any specification in the product presentation, info sheet as well as FAQs, and the agreements under which such Services are being provisioned for further information.
We reserve the right to modify, update, and otherwise change the content of this AUP at any time, and the new AUP will be effective immediately when posted on our website or Customer Portal.
1.0. Prohibited Uses and Activities
1.1 Illegal Activity. You may access and use our Services for lawful purposes and with lawful intent only. You are responsible for any activities you or your End User create when in use of our Services, which include but not limited to transmission or distribution or publication of data or information, originating or receiving of network traffic, access or attempt to access or alter our or any third party networks, accounts, configurations, applications, systems, or storage of information or any type of data as a result of our Services.
We strictly prohibit the use of the Services in violation of any applicable law or regulation in any jurisdiction. When using our Services under agreements entered into between you and Digital Edge, you and your End Users are strictly prohibited to directly or indirectly perform or assist any activities that might be in violation of any copyright, trade secret, patent or other intellectual property right without proper authorization. You and your End User are also strictly prohibited from any activities, which directly or indirectly, constitute or deemed to constitute an illegal threat, fraud, trespassing, or violate sanction or export control laws, or carry out transmission or distribution of obscene, defamatory, or otherwise unlawful information and materials.
1.2 General Prohibited Behaviour. We strictly forbid you and your End User from any attempt to, or prepared to, gain access, hack, alter, falsify, or otherwise monitor, intercept, eavesdrop, map, scan, or obtain our or any third-party networks, information, data, applications, system, or other infrastructure component through any of our Services. If you or End User need to carry out such activities for legitimate reasons, such as security testing, you or your End User must demonstrate proper and full authorization when requested by us. You and your End Users are strictly prohibited from any activities or assistance to such activities which will interfere with, or disrupt, degrade, deny, or otherwise compromise the normal functioning, security, operation, or integrity of any element of our or any third-party networks, applications, systems or other infrastructure component or the Internet in general. You and your End User are strictly prohibited from attempting to gain unauthorized access or attempt to hack to user accounts of other customers or users in violation of security policies, by us or by other customers or users, laws or regulations.
1.3 Malicious DNS and Routing Information. For IP transit and related network services, you and your End Users are prohibited from intentionally announce, send, or broadcast false, inaccurate, or incorrect data into the Internet via our Services, such as false, inaccurate, or incorrect DNS or network routing information. Announcing routing information of networks owned by others or reserved by the Internet Assigned Numbers Authority is especially prohibited.
1.4 Spoofing. You or your End Users may not attempt to send, receive, or transmit any electronic communications such as, but not limited to, email, instant messaging, or network traffic using a name or address of someone else with the intent of falsifying or hide true identities. Any attempt to forge or alter a source or intermediary address, or any other form of identification information in any electronic communications is prohibited.
1.5 Spamming and Phishing. You and your End Users are prohibited from using the Services to prepare, support, transmit, send, or receive any abnormally large volume of unsolicited e-mail or instant messages or other type of announcements, or prepare, support, transmit, send, or receive any form of electronic attachments or digital content in conjunction with email or instant messages or other type of announcements with the intent to gain unauthorized access to, or disrupt the normal operations of, or with the intent to copy or steal information from, other accounts, applications, systems, or component of infrastructure, or otherwise with the intent to deceive the recipients of such email, instant messages, or announcements. You and your End Users are also prohibited from receiving, collecting, processing responses or returned information generated from any abnormally large volume of unsolicited email, instant message, or other type of announcements.
You and your End Users may not use our Service to plan, host, support, process or generate data for any activities related to spamming or phishing operations, and if you or any End User become aware of any such operations involving our Services, you should report the incident to our Infrastructure Operations Center (email@example.com) as soon as possible and we will take remedial action as permitted under this AUP.
ANY INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AUP, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF OR ON BEHALF OF YOUR END USERS, SHALL BE DEEMED A VIOLATION OF THIS AUP.
2.0 Our Rights
2.1 Right to Monitor, Investigate and Report. We have the right, but are not obligated, to investigate and litigate any violations of the AUP. We shall not be obligated to monitor or exercise any editorial control over any material stored, copied, or communicated using the Services unless when required to do so by local law or regulations. We routinely and proactively monitor, announce, and investigate all security incidents involving violations of this AUP, and we may report the incident to law enforcement or other appropriate authorities if a criminal or regulatory violation is suspected.
2.2 Cooperation with Law Enforcement. We may disclose any information related to Your or End User’s access and use of our Services for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena) and local regulations; (3) protecting our rights or property and those of our other customers. We will cooperate with appropriate law enforcement agencies and other relevant authorities involved in investigating claims of illegal or inappropriate activity. We reserve the right to disclose your, and your End User’s, information to the extent authorized or required by applicable law and regulations. In the case of a reseller of the Services, by using and accepting the Services, you automatically consent to our disclosure to any law enforcement agency, without the need for subpoena, of your identity as the service provider of record (including basic contact information), as applicable, for any End User about whom we are contacted by the law enforcement agency or other relevant authorities. We will use reasonable endeavours to inform you of any disclosure of information to law enforcement agencies and other governmental authorities as soon as possible, unless we are otherwise prohibited from doing do by law.
2.3 Suspension or Termination of Services. If you or your End User engage in any activities that are in violation of the AUP, and you or they fail to remedy the situation after we notify you or your End User of the violation, we reserve the right to suspend and/or terminate the Services, including your or your End User’s access to the Services at our sole discretion. We will make best efforts to attempt to notify the you or your End User of any activity in violation of the AUP; however, in cases where the operation of our Services are threatened or cases involving unsolicited commercial e-mail/spam, spoofing, denial of service attacks, copyright infringement, suspected illegal or fraud activities in connection with the use of Services, we reserve the right to suspend or terminate the Services or your or your End User’s access to the Services without prior notification.
In the event that we become aware that any such material may violate the terms of this AUP and/or expose Us to civil or criminal liability including, without limitation, under the Digital Millennium Copyright Act (“DMCA”), we reserve the right to block access to such material and suspend or terminate the access of anyone creating, storing, copying, or communicating such material.
3.0 Your Responsibilities
3.1 Notification of AUP Violations. You and End User are entirely responsible for maintaining security of your user accounts, applications, systems, device configuration, or any other component of your infrastructure. If there is a breach of security or any suspected violation of the AUP, you and your End User shall notify us immediately.
3.2 Configuration. We shall not be liable for any possible service degradation, or damage to your services caused by our system configurations in delivery of the Services. You or your End Users of the Services are responsible for properly configuring your systems with optimal performance and security in accordance with our service guidelines.
3.3 Complaints. To the extent allowed by law, we will use best efforts to notify you and End User of complaints received by us regarding an alleged violation of this AUP. You agree to promptly respond and investigate all such complaints and, if validated and necessary, take all necessary actions to remedy any violations of this AUP as soon as possible.
3.4 Response. You and End User are responsible for setting up, informing, and updating us on the appropriate AUP notification mailbox, such as firstname.lastname@example.org, You agree to monitor and respond to all the AUP notifications sent from us.
4.0 Miscellaneous Provisions
4.1 Complaints. Any individual or company can approach us and file a complaint. When we receive a complaint, we will use best efforts to validate the nature of the complaint before taking any action under this AUP. However, under emergency circumstances, we reserve the right to act under this AUP before we can ascertain the nature of the complaint, provided the individual or entity filing the complaint is a credible source of information, such as, but not limited to, a network service provider, an Internet governing organization, a government affiliate entity, or a government official. We have no obligation to disclose the content of the complaint to you or your End Users, or to identify the party who filed the complaint.
4.2 Complaints and Contact Information. Any complaints regarding prohibited use or other abuse of our Services should be sent to our Infrastructure Operations Center at email@example.com.