Acceptable Use Policy
Acceptable Use Policy (“AUP”)
This AUP describes activities prohibited on DataGalaxy’s network for the protection of DataGalaxy, its affiliates, employees, contractors, vendors and clients. You hereby agree to comply with our policies and the use of our services is subject to your acceptance and compliance with this AUP. We reserve the right to amend or modify this AUP from time to time, and we will post any such changes to the AUP on our website at www.datagalaxy.in. You are responsible for complying with this AUP and for violations directly or indirectly attributable to your clients and end-users. Therefore, you agree to take all necessary steps to ensure that your clients, vendors and end-users all comply with this AUP.
· CLIENT CONDUCT
Client shall not use DataGalaxy’s Services, personnel or network to engage in, solicit or endorse irresponsible, illegal or malicious behavior such as:
1. Conduct that may result in a breach to any laws or regulations applicable to the parties which include trade secrets, confidential data, intellectual property or any other actions which could be considered deceitful, duplicitous or slanderous
2. Conduct likely to result in retaliation or adverse action against DataGalaxy or its affiliates, network, services or website. Specifically, any activity that could result in DataGalaxy’s IP space becoming “Blacklisted” or on an abuse database);
3. The storage or circulation of offensive content on DataGalaxy’s network or systems such as, but not limited to, child pornography, nonconsensual, live and offensive sex acts, excessive violence, harassing and threatening content or hate crimes and speech
4. Introducing malicious code into the Services or Third Parties’ systems without their prior approval
5. Unauthorized monitoring or access to, use of, or interference with another party’s Internet services, computer systems, data or networks
6. Conduct violating rules and conventions of any domain registrar, email service, bulletin board, chat group, or forum used in conjunction with DataGalaxy’s Services or network
7. Deceitful collection, transmitting or distribution of software which covertly gathers or circulates information about a user;
8. Falsification of records, using unauthorized credit cards or banking accounts, gambling activities that violate State, Local and Federal laws.
· SPAM
You agree to NOT engage in:
1. Sending unsolicited bulk messages over the Internet (spamming);
2. Creating a fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites
3. Sending spam to weblog sites or automatically post random comments or promotions for commercial services to weblogs (spamming blogs)
4. All users must comply with all relevant legislation and regulations such as CAN-SPAM Act of 2003 or similar future legislation that govern Spamming
5. Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not “opted-in” to mailings from the user. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to DataGalaxy upon request. Any user-maintained mailing list must also allow any party on the list to remove itself automatically and permanently
6. Forgery of e-mail headers (spoofing)
7. Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software
8. Configuration of an email server to accept and process third-party messages for sending without user identification and authentication
9. Hosting websites or providing services that support spam
10. Directing 3rd parties to violate this AUP
· TESTING
o Client, their affiliates, vendors and employees shall not attempt to penetrate or test the vulnerability of a DataGalaxy network or computer system, or attempt to breach DataGalaxy’s security policies, by any means without DataGalaxy’s prior written consent
· DNS RECORDS & IP ADDRESSES
o Client shall maintain valid information with Client’s domain name registrar for any domain hosted by DataGalaxy, and only use IP addresses assigned to Client by DataGalaxy in connection with the services. Client agrees DataGalaxy may modify, transfer or delete any DNS record or zone with DataGalaxy, along with DNS servers or other services upon request from the registrant or administrative contact according to the registrar’s WHOIS system
· JUDICIAL COOPERATION
o Client agrees to cooperate with any investigation and/or proceeding and agrees to permit DataGalaxy to do the same with respect to any relevant authority that requests to inspect Client’s content or traffic. DataGalaxy shall only do so in the event that they are legally obligated, and will notify client, where permitted by applicable law and regulation, at the earliest possible opportunity. DataGalaxy also reserves the right to report any criminal and illegal activity to appropriate authorities when this information becomes apparent to them
· SOFTWARE/LICENSING
o 1. Software Licensing. DataGalaxy may use its own third-party software licenses in provisioning Services under a Service Order, including among others, antivirus, antispyware and monitoring software (the “Software”). DataGalaxy’s licenses to use such Software are and will remain DataGalaxy’s property exclusively, and except as provided herein, Client will obtain no right to such licenses or the source code of the Software licensed thereby. DataGalaxy hereby grants to Client a non-exclusive, worldwide, royalty-free, non-assignable and non-sublicensable license to use the Software solely in connection with Services for which such Software is utilized (a “License”), which License will terminate immediately upon termination of such Services. DataGalaxy may terminate such License and any Services for which such License is utilized if it determines that Client has breached the terms of the License. Upon termination of the License, Client will immediately cease to use the Software and related documentation and certify to DataGalaxy within ten (10) days after termination that Client has, at DataGalaxy’s option, either destroyed or returned to DataGalaxy the Software and all documentation and related information, and all copies thereof, whether or not modified or merged into other materials.
o 2. Client Licensing Responsibility. If Client deploys any third-party software products (“Client Provided Licensing”) within any Service, and where such products are not Software (as defined above), then Client represents and warrants that it owns and will own a sufficient kind and quantity of licenses to allow for Client’s deployment and usage of such Client Provided Licensing within that Service, for as long as such Client Provided Licensing remains deployed within that Service. In addition, DataGalaxy may, if requested by the licensor of any Software, provide that licensor with (i) the identities and configurations of any virtual or physical computers provided by DataGalaxy on which such Software may be installed, (ii) the identity of any such Software installed on such computers, and (iii) copies of any other, relevant documentation (such as Client’s relevant agreements with DataGalaxy or any evidence of Client’s third-party licensing). Client’s use of any Software or Client Provided Licensing in excess of or outside the scope of the rights conveyed by DataGalaxy pursuant to the parties’ agreements (or, with respect to any Client Provided Licensing, in excess of or outside the scope of the rights conveyed pursuant to the agreement under which that Client Provided Licensing was acquired) may result in additional fees or penalties charged by the licensors of the Software or Client Provided Licensing. Client shall reimburse DataGalaxy upon written demand for any such fees or penalties incurred by DataGalaxy resulting from any such excess or otherwise improper usage of any Software or Client Provided Licensing. If Client fails to so reimburse DataGalaxy and/or fails to cooperate in curing Client’s non-compliant use of the Software or Client Provided Licensing, DataGalaxy may suspend Client’s access to the Services relating to such Software or Client Provided Licensing.
· AUP BREACH
o If Client breaches the AUP, either intentionally or unintentionally, by failing to use sufficient security safeguards, DataGalaxy reserves the right to block any client traffic, data or other content, suspend services, or terminate services in accordance with the terms and conditions laid-out in the Master Services Agreement or applicable Service Orders. Credits shall NOT be available to clients under any Service Level Agreement for interruptions of services resulting from an AUP breach.