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Acceptable Use Policy

Last updated: March 2, 2018

Introduction

This customer acceptable use policy defines OnScale’s policy that is designed to protect OnScale, its customers (“Customers”) and any other persons, parties or entities on the Internet from any negative impact caused by inappropriate activities of OnScale Cloud Services. All Customers shall adhere to this policy and are subject to the terms and conditions herein.

OnScale reserves the right to perform activities to audit, test, and investigate the security of Customer activities using OnScale Cloud Services in an effort to ensure that security protections are maintained and that Customer activities do not bypass, or allow others to bypass, OnScale security controls.

If, in its sole discretion, OnScale believes that OnScale Cloud services are being used in an unlawful or improper manner (whether civil or criminal) or for unlawful or improper activities, OnScale will fully cooperate with civil- and criminal-enforcement authorities conducting investigations of such use or activities. OnScale will also support the investigation of the prohibited activities listed below and any other activities that OnScale, in its sole discretion, believes impact the operation or security of OnScale, Customers or other systems accessible by Customers or Customers’ clients or users.

Acceptable Use

Each Customer is responsible for ensuring that it does not allow its OnScale Cloud Services to be used for any of the following purposes:

  • gaining, or attempting to gain, unauthorized access to any system that does not belong to the Customer;
  • altering, defacing or otherwise causing any unauthorized or unapproved modification of any system belonging to OnScale, another Customer or any other system on the Internet;
  • storing, transmitting or processing material in a manner that violates intellectual-property rights or laws or regulations, including, without limitation, those associated with trade secrets, copyrights, patents and trademarks;
  • violating the privacy rights of others, including, without limitation, the collection of information about individuals without their knowledge or consent, except as allowed by applicable laws and regulations;
  • storing or transmitting material that violates local, state, federal or international laws or regulations;
  • engaging in, or permitting, any activity that leads to a degradation or denial of service for OnScale, another Customer or any other system or site on the Internet, or
  • engaging in, or permitting, any activity that results in the overutilization of power circuits.

Customers are prohibited from assisting any persons in using Customer systems located at OnScale to engage in any of the activities listed above. If a Customer becomes aware of any such activity, the Customer must remedy the situation immediately. The Customer shall also notify OnScale, by telephone within four hours and in writing within 24 hours, of the detection of a violation by such Customer or its agents.

Each Customer is responsible for ensuring that security controls are not circumvented by way of actions taken by it or individuals accessing such Customer’s systems.

Each Customer shall not:

  • configure its systems to bypass security controls, including, without limitation, the installation of programs or services that allow the systems to be managed or accessed insecurely or through unauthorized means;
  • conduct online security audits or tests against or through OnScale systems or networks without coordination with and the explicit, written consent of an authorized officer of OnScale;
  • gain, or attempt to gain, unauthorized access to OnScale networking, security, management, backup, storage or monitoring systems;
  • install programs or configure systems to allow the monitoring, or “sniffing,” of data traveling over a shared network;
  • access, or attempt to access, security-relevant information, such as password files that may, among other things, be used to gain unauthorized access to system accounts;
  • install or use software for the purpose of cracking encrypted data, including, without limitation, stored passwords; or
  • remove or disable security software or services, including, without limitation anti-virus software, logging utilities or authentication services.

Each Customer is also responsible for any misuse of accounts on the OnScale Cloud service.

Each Customer must implement measures and procedures to ensure that its accounts are not accessed or used in an unauthorized manner, including, without limitation, the following.

Each Customer must maintain, and provide OnScale with, a list of authorized individuals and accounts that are permitted to remotely access OnScale Cloud Services. In most cases, this list of authorized individuals is maintained automatically by the OnScale Cloud Customer Portal (https://portal.onscale.com).

When an authorized individual is removed from this list, each Customer must either:

  • remove users from the OnScale Cloud Customer Portal, or
  • notify OnScale in writing if a user no longer requires access to OnScale Cloud Services. To ensure that access is deleted on time, OnScale must receive this notification at least five business days in advance of the date that the access is no longer needed by that individual.

Each Customer assumes all responsibility for the consequences of the use of its accounts by an unauthorized individual.

Violations and Remedies

OnScale reserves the right to suspend or terminate at any time the account of any Customer that, in the sole discretion of OnScale, fails to adhere to any of these policies, as they are described from time to time at www.OnScale.com. OnScale has the right to seek legal remedies for any damages, costs or expenses that may be incurred as a result of a violation of any of these policies by or through a Customer.

Depending on the nature of the violation or alleged violation, OnScale may be notified of violations in a number of ways, including by an external organization, agency, entity or individual that is affected by the activities of a Customer or, when a violation is detected internally, by a source within OnScale.

OnScale retains the sole right to determine whether a violation of this policy has occurred. In general, OnScale will attempt to work with Customers to address violations of this policy in accordance with the steps outlined below but is not required to do so. However, based on the severity of the violation or the number or nature of complaints received, OnScale, in its sole discretion, has the absolute right to immediately terminate service.

First Violation

Upon notification of a violation, OnScale will attempt to contact the Customer and describe the violation. In general, the Customer contact will be called by telephone with the information. OnScale and the Customer will define a specific timeframe within which the Customer must rectify the violation. A letter may be sent to the Customer contact formally notifying it of the violation and setting forth the time frame for the Customer to remedy the violation. If, in OnScale’s sole discretion, the violation or complained-of violation is such that OnScale elects not, or is unable, to contact the Customer, OnScale may take whatever steps it deems appropriate under the circumstances.

Second Violation

If the same or similar violation occurs or is complained of a second time and the timeframe for remediation of the initial violation has expired, OnScale will again attempt to contact the Customer to describe the violation. In general, the Customer contact will be contacted by telephone with this information. If, in OnScale’s sole discretion, the violation or complained-of violation is such that OnScale elects not, or is unable, to contact the Customer, OnScale may take whatever steps it deems appropriate under the circumstances. OnScale and the Customer will again define a specific timeframe within which the Customer must rectify the violation. A letter will again be sent to the Customer contact notifying it that the violation has occurred again and setting forth the timeframe for the Customer to remedy the violation. OnScale will bill the Customer $1,000 to cover OnScale’s administrative costs associated with managing this effort.

Third Violation

If the same or similar violation occurs or is complained of for a third time and the timeframe for addressing the second violation has expired, OnScale will again attempt to contact the Customer describing the violation. In general, the Customer contact will be called by telephone with this information. OnScale and the Customer will define a specific timeframe within which the Customer must rectify the violation. A letter will again be sent to the Customer contact notifying Customer that the violation has occurred again and setting forth the time frame for the Customer to remedy the violation. OnScale will bill the Customer $5,000 to cover OnScale’s administrative costs associated with managing this effort. If, in OnScale’s sole discretion, the violation or complained-of violation is such that OnScale elects not, or is unable, to contact the Customer, OnScale may take whatever steps it deems appropriate under the circumstances. If a third violation relates to the overutilization of power, then, in addition to all other remedies outlined in this policy, OnScale shall further bill the Customer an additional $100 per day per overutilized circuit.

In all instances, each Customer remains responsible for performing all of its obligations under any applicable services agreement and schedules and for paying all fees billed by OnScale, including, without limitation, monthly service fees and termination fees. If the violation is not remedied by the agreed-upon timeframe, OnScale has the right to terminate or suspend services to the Customer. OnScale retains the sole right and discretion to permanently terminate services to the Customer or to resume service upon remedy of the violation and to obtain whatever assurances OnScale requires from Customer that the violation will not repeat. If, in OnScale’s sole discretion, the violation or alleged violation is such that OnScale elects not, or is unable, to contact the Customer, OnScale shall take the steps it deems appropriate under the circumstances without regard to whether the violation is a first, second or third violation.

Notwithstanding anything to the contrary herein, OnScale reserves the right to immediately suspend any Services without notice to, or approval from, Customer if OnScale, in its sole discretion, deems such suspension necessary to protect its systems, facilities or interests or those of its customers or third parties, including, without limitation, in response to any perceived threat of a computer virus, exploit scripts or other malicious software or denial-of-service attack (in each case, from any source) on OnScale’s computer systems or network; provided, however, that OnScale will use commercially reasonable efforts to notify Customer prior to such suspension.

General Terms and Conditions Regarding this Policy

THE CUSTOMER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. From time to time, OnScale may modify this policy. By using the OnScale services or facilities after any such modifications, the Customer agrees to those modifications. If at any time the Customer chooses not to accept this policy, the Customer agrees to discontinue use of such services or facilities.

Please send reports of any violations of this acceptable-use policy to legal@onscale.com.