This ACCEPTABLE USE POLICY (“AUP”) describes acceptable use of and access to the Services offered by Virtual Sprout LLC (“Virtual Sprout”). BY ACCESSING OR USING THE SERVICES, YOU AGREE TO THE TERMS OF THIS AUP. If you violate this AUP or authorize or help others to do so, Virtual Sprout may suspend or terminate your use of the Services in accordance with the terms of the Master Services Agreement (“MSA”) or other applicable Service Order Form or Statement of Work (collectively, the “Order”) (collectively, the “Customer Agreements”). Unless otherwise defined herein, all capitalized terms used within this AUP have the same meaning as ascribed to such terms in the MSA or Order.
PROHIBITED USE AND CONTENT
Customer may not upload Content or use the Services in a manner that Virtual Sprout believes:
- Violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”), including, but not limited to, the Digital Millennium Copyright Act, or those Laws concerning child pornography and illegal gambling;
- Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
- Violates or otherwise encroaches on the rights of others, including, but not limited to, infringing or misappropriating any intellectual property or proprietary right of another;
- Advocates or induces illegal activity;
- Stalks, menaces, harasses, or harms anyone, including minors;
- Impersonates any person or entity or otherwise misrepresents Customer’s affiliation with a person or entity;
- Modifies, alters, tampers with, repairs, or otherwise creates derivative works of any software included in the Services (except to the extent software included in the Services is provided to Customer under a separate license that expressly permits the creation of derivative works);
- Except as allowed by local law, reverse engineers, disassembles, or decompiles the Services or software included in the Services;
- Accesses or uses the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas;
- Interferes with or disrupts the Services or servers or networks connected to the Services;
- Uses any high volume automated means (including robots, spiders, scripts or similar data gathering or extraction methods) to access the Services or any other accounts, computer systems, or networks connected to the Services (each a “System”);
- Attempts to gain unauthorized access to any portion of the Services or any System, whether through hacking, password mining, or any other means;
- Violates the security or integrity of a System, including, but not limited to:
- Accessing or using any System without permission, including attempts to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System;
- Monitoring data or traffic on a System without permission;
- Forging packet or email headers, or any part of a message describing its origin or route;
- Uploading Content that contains viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code, or any other content that may compromise the Services; or
- Hacking, destabilizing, or adapting the Services, or altering another website to falsely imply it is affiliated with the Services;
- Connects to any users, hosts, or networks where Customer does not have permission to communicate with such users, hosts, or networks, including, but not limited to:
- Monitoring or crawling a System so that such System is impaired or disrupted;
- Conducting denial of service attacks;
- Intentionally interfering with the proper functioning of any System, including any deliberate attempt to overload a system by any means;
- Operating network services like open proxies, open mail relays, or open recursive domain name servers; or
- Using means (manual or electronic) to avoid any use limitations placed on a System, such as access and storage restrictions;
- Distributes, publishes, sends, or facilitates unsolicited mass e-mailings, promotions, advertising, or solicitations, including commercial advertising and informational announcements;
- Alters or obscures mail headers or assume a sender’s identity without the sender’s explicit permission; or
- Collects replies to messages if those messages violate this AUP.
Virtual Sprout has the sole discretion to determine whether Content or Customer’s use of the Services is prohibited. All Content that is provided to Virtual Sprout or actions that are performed via Customer’s account, whether provided or performed by Customer’s employees, Customer’s contractors, or Customer’s customers and end users, are the sole responsibility of Customer.
To the extent Services include access to Virtual Sprout Facilities, the following procedures and guidelines apply:
- Virtual Sprout requires at least 24 hours prior notice directly from Customer of the intended installation of Customer Equipment in a Virtual Sprout Facility. Notice should include a description of the Customer Equipment, anticipated power consumption, any new or added Services required, and the general layout, placement, and installation of the Customer Equipment (the “Notice Information”). Upon receipt of the Notice Information, Virtual Sprout makes any revisions necessary to maintain efficient and optimal provision of Services to all users of the Facilities and coordinates installation with the Customer. Additional charges may apply.
- Virtual Sprout limits access to its Facilities. It is the Customer’s responsibility to maintain with Virtual Sprout an up-to-date list of all personnel (“Customer’s Personnel”) that Customer would like to have access to the Facilities. The list will be in the form provided by Virtual Sprout. The procedure for signing into and out of any given Facility is:
- Customer’s Personnel arrives at the Facility with picture identification and brief written description of work to be performed during the visit;
- Virtual Sprout cross-checks Customer’s Personnel and picture identification information against the list of authorized Customer’s Personnel and, if authorized, provides Customer’s Personnel with a visitor’s badge, which must be displayed at all times;
- Upon departure, Customer’s Personnel returns the visitor’s badge to Virtual Sprout and promptly leaves the Facilities.
- The following items are prohibited in or around the Facilities: Food and drink of any kind; liquids; tobacco products; non-prescription drugs (other than over-the-counter pain relievers); magnetic devices; hazardous materials or explosives; firearms or other weapons; illegal items or contraband; any other items that may inhibit, prevent or otherwise negatively impact Virtual Sprout’s provision of Services or operation of the Facilities or use of the Facilities by other persons.
- The following activities are prohibited in or around the Facilities: Solicitation of products or services, other than those offered or provided by Virtual Sprout; eating or drinking; smoking or other use of tobacco products; use or being under the influence of any alcoholic beverage or non-prescription drugs (other than over-the-counter pain relievers); illegal acts or acts considered offensive to Virtual Sprout; any other act that may inhibit, prevent or otherwise negatively impact Virtual Sprout’s provision of Services or operation of the Facilities or use of the Facilities by other persons..
MONITORING AND ENFORCEMENT
While not obligated to perform investigations, in accordance with the terms of the Customer Agreements, Virtual Sprout may:
- Investigate violations of this AUP or misuse of the Services;
- Investigate and help prevent security threats, fraud, or other illegal, malicious, or inappropriate activity;
- Remove, disable access to, or modify any Content or resource that Virtual Sprout believes violates this AUP or any other agreement Virtual Sprout has with Customer for use of the Services; or
- Suspend or terminate provision of Services to customer for uses that violate this AUP or any other agreement Virtual Sprout has with Customer for use of the Services.
Virtual Sprout may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Virtual Sprout’s reporting may include disclosing appropriate Customer information. Virtual Sprout also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP.
Customer can report abuse of this AUP to firstname.lastname@example.org.
MODIFICATIONS TO THE AUP
Virtual Sprout may, in its sole and absolute discretion, modify this AUP from time to time. Virtual Sprout will post notice of such changes on Customer Virtual Sprout cloud control panel or as provided in the Customer Agreements. If Customer objects to any such changes, Customer’s sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate Customer’s acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
If Customer has any questions or suggestions regarding this AUP, please contact Virtual Sprout at email@example.com.