In this Acceptable Use Policy (the “Policy”), unless the context otherwise requires, the terms defined under the Master Services Agreement, all applicable Service Level Agreements, Purchase Orders, and other specific Addenda (including the Colocation Services Addendum, Cloud Services Addendum and/or the Managed Services Addendum, if applicable) (“Agreement”) shall have the meaning as ascribed to those terms under the relevant Agreement:
The Company and the Customer are hereinafter collectively referred to as “Parties” and individually as a “Party”.
This Policy is designed to (1) ensure appropriate use of the services set out in the Agreement by the Customer (the “Services”), (2) regulate and restrict the use of all Services provided by the Company, and (3) ensure compliance with all relevant laws and regulations. The Company reserves the right to modify the Policy at any time by posting a revised version on the Company’s website. The Customer acknowledges and agrees that continued use of the Company’s Services or accessing the Company’s website will constitute the Customer’s acceptance of the latest version of the Policy.
The Policy applies to all users of the Company’s Services, which include the Customer, Approved Personnel, and the End User (collectively, the “Users”).
1. Unlawful and Prohibited Uses / Actions
1.1 The Customer acknowledges and agrees that it must use the Services offered by the Company and its Affiliates in compliance with the Policy. The Company may modify this Policy by posting a revised version on the Company’s website. The Customer acknowledges and agrees that, by using the Services or accessing the Company’s website, it shall agree to the latest version of the Policy and shall make reasonable efforts to ensure that the Customer, Approved Personnel and the End User do not host, display, upload, modify, publish, transmit, store, update or share any information that:
- 1. Belongs to another person and to which the End User does not have any right;
- 2. is obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
- 3. is harmful to child;
- 4. infringes any patent, trademark, copyright or other proprietary rights;
- 5. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or
- 6. information which is patently false and untrue or misleading in nature;
- 7. impersonates another person;
- 8. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nation;
- 9. contains software virus, malware or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- 10. violates any law for the time being in force; and
- 11. to distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (or spam)
2. Unauthorised Access or Interference
2.1 A User may not attempt to gain unauthorised access to or attempt to interfere with or compromise the normal functioning, operation or security of the Company’s Services.
2.2 A User may not use or attempt to use the Company’s Services to engage in any activities that may interfere with the ability of others to access or use the Company’s Services, such as hosting, displaying, uploading or modifying, publishing, transmitting, storing, updating or sharing any information that contains software virus, malware or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource.
3. Unsolicited Commercial Email / Spamming
3.1 A User may not use the Company’s Services to transmit, distribute, publish, send, or facilitate the sending of unsolicited mass emails or spam.
3.2 In addition to any unsolicited commercial emails or messages being prohibited, “spamming” and “mail bombing” is also prohibited. A User may not use the Company’s Services to collect responses from unsolicited commercial emails or messages.
4. Fraud
4.1 The Customer agrees that it shall make reasonable efforts to ensure that Users of the Company’s Services do not host, display, upload, modify, publish, transmit, store, update or share any information that deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature, or impersonates another person.
5. Responsibilities of the Customer
5.1 The Customer shall take all steps required under Applicable Laws to enforce compliance with the Policy, including publishing additional policies that define what content is prohibited on its platform, maintaining a publicly accessible method to receive notices of violation of that policy and promptly reviewing and addressing any such notices, and removing content where appropriate.
6. Violation/Breach of the Policy
6.1 The Customer acknowledges and agrees that the Company does not have any obligation to control, monitor or correct the compliance of the Customer with the Policy. Further, the Customer acknowledges that the Company does not have access to the Customer’s content. However, the Company reserves the right to investigate any suspected potential violation of the Policy by the Customer or its End User.
6.2 The Company shall notify the Customer if the Company becomes aware that the Customers’ or its End Users’ use of the Company’s Services violates the Policy. The Company shall request the Customer to correct the violation. If the Customer fails to correct the violation within seventy-two (72) hours of the Company’s request, then the Company may suspend all or part of the Customer’s use of the Services or remove or disable access to any content or resource that violated the Policy until the violation is corrected.
6.3 The Customer will be solely responsible for any violation of the Policy by any of its Users.
7. Additional Terms and Conditions
7.1 The use of the Company’s Services by the Customer, Approved Personnel, or its End Users, is subject to the terms and conditions of any Agreements entered into by the Customer and the Company.
