Acceptable use policy

Purpose

As a hosting provider, NTT Managed Services Americas, LLC, its U.S. affiliate Symmetry Corporation, and its U.S. and India subsidiaries, (hereinafter collectively referred to as “NTT Managed Services Americas”, “we”, “us”, or “our”), offers its Customers (also known as "Subscribers") and their end users the means to acquire and disseminate public, private, commercial, and non-commercial information through NTT Managed Services Americas devices, networks, and infrastructure. NTT Managed Services Americas respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing business, legal, security, or other concerns, NTT Managed Services Americas reserves the right to take preventative or corrective actions. To balance these competing interests, NTT Managed Services Americas has developed this Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the Customer's rights and obligations when utilizing NTT Managed Services Americas’ services. Notwithstanding the foregoing, the terms of the Master Service Agreement, including all Schedules thereto, shall supersede and govern any conflict between this document and the Master Service Agreement or Schedules thereto. This AUP establishes and communicates the proper and effective use and protection of our assets and what the assets can be used for. All Subscribers of such resources, services, or assets have the responsibility to use them in an efficient, effective, ethical, and lawful manner. This AUP may be revised from time to time and revisions shall be applicable in accordance with the terms of the Master Service Agreement.

Scope

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value while placing a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When Subscribers obtain information through the Internet, they must keep in mind that NTT Managed Services Americas cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that Subscribers may acquire. For this reason, the Subscriber must exercise their best judgment in relying on information obtained from the Internet and should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because NTT Managed Services Americas cannot monitor or censor the Internet, and will not attempt to do so, NTT Managed Services Americas cannot accept any responsibility for injury to its Subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

Policy

When Subscribers disseminate information through the Internet, they also must keep in mind that NTT Managed Services Americas does not review, edit, censor, or take responsibility for any information its Subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over NTT Managed Services Americas network and may reach a wide audience, including both Subscribers and non-subscribers of NTT Managed Services Americas, the Subscribers’ postings to the Internet may affect other Subscribers and may harm NTT Managed Services Americas’ goodwill, business reputation, and operations. In doing so, the Subscriber may violate this AUP and/or the Master Service Agreement between the parties to which this policy is an Exhibit, when Subscriber, its users, affiliates, or subsidiaries engage in, or attempt to engage in, unlawful or unethical activities, including but not limited to the following:

Malicious Activity

  • Publishing, transmitting, or distributing defamatory, abusive, harassing, threatening, or obscene or pornographic language or materials, especially child pornography
  • Publishing, transmitting, or distributing information encouraging the violation of laws or the disruption of lawful business activities
  • Distributing malware including, but not limited to, viruses, worms, Trojan horses, spyware, adware, and key loggers
  • Engaging in “hacking”, “cracking”, mail bombing, crypto mining, port scanning, denial of service (DoS), or other malicious or destructive activities, whether lawful or unlawful, that NTT Managed Services Americas determines to be harmful to its Subscribers, operations, reputation, goodwill, or customer relations

Disruption of Services

  • Maintaining an open Simple Mail Transfer Protocol (SMTP) relay
  • Disrupting the use of or interfering with the ability of others to effectively use the network or any connected network, system, service, or equipment
  • Facilitating a violation of this AUP by advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, including, but not limited to the facilitation of the means to spam, flooding, mail bombing, and denial of service (Dos) attacks
  • Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”)

Circumventing Security Controls

  • Subverting security, investigative, authentication, or other controls designed to protect the confidentiality, integrity, and availability of information including, but not limited to, spoofing, forging headers, altering or deleting logs, impersonating other users, misrepresenting the originator of a message, password cracking, encryption cracking, and disabling security software or rendering it useless for its intended purpose
  • Installing malware or any software intended to subvert security, investigative, authentication, or other controls on Subscriber’s, another Subscribers, or NTT Managed Services Americas’ servers or devices

Illegal Activities

  • Engaging in activities that violate the Intellectual Property rights of other parties including copyright infringement, patent infringement, trademark infringement, service mark infringement, software piracy, and trade secret disclosure
  • Gaining or attempting to gain unauthorized and/or illegal access to other computers or networks including attempting to penetrate security measures of another system and any activity that might be used as a precursor to an attempted system penetration (e.g. port scan, stealth scan, vulnerability scan, reconnaissance, or other information gathering activity)
  • Engaging in illegal activities of any kind including, but not limited to, advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software
  • Violating export control laws or regulations

Data Handling

  • Engaging in activity that violates privacy (including data privacy), publicity, or other personal rights of others
  • Transferring Customer Data or other data to NTT Managed Services Americas a) without any required consents, b) in violation of any data privacy laws, or c) that require control requirements that are not in scope of the applicable SOW. Customer shall have a legal business purpose for transferring Customer Data to NTT Managed Services Americas.
  • Transferring Confidential/Sensitive Data to the NTT Managed Services Americas ticketing system without appropriate protections in place

Monitoring

NTT Managed Services Americas will not, as an ordinary practice, monitor the communications of its Subscribers to ensure that they comply with this NTT Managed Services Americas policy or applicable law. When NTT Managed Services Americas becomes aware of harmful activities, however, it may take any action to stop the harmful activity as permitted in accordance with the Master Service Agreement between the parties, which may include but not be limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, taking a server off-line, or taking any other permissible action it deems appropriate.

NTT Managed Services Americas is aware that many of its Subscribers are themselves providers of Internet services and that information reaching NTT Managed Services Americas’ facilities from those Subscribers may have originated from a customer of the Subscriber or from another third-party. NTT Managed Services Americas does not require its Subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its Subscribers. NTT Managed Services Americas reserves the right to action against Subscribers or their customers to help enforce compliance with this policy. NTT Managed Services Americas anticipates that Subscribers who offer Internet services will reasonably cooperate with NTT Managed Services Americas in any corrective or preventive action that NTT Managed Services Americas deems necessary for compliance with this policy. Failure to cooperate with such corrective or preventive measures is a violation of this NTT Managed Services Americas policy.

NTT Managed Services Americas also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, NTT Managed Services Americas urges its Subscribers to assume that all of their on-line communications are insecure and to take appropriate security measures.

NTT Managed Services Americas will not intentionally monitor the contents of private electronic mail messages sent or received by its Subscribers unless required to do so by law, governmental authority, or when public safety is at stake or when requested by the Customer. An exception to this policy is the automated monitoring of e-mail by security tools for virus scanning, spam blocking, and other security measures including logging message traffic and monitoring for communication with known or suspected “botnets” or other suspicious sites, domains, or IP addresses. NTT Managed Services Americas may also monitor its service electronically to determine that its facilities are operating satisfactorily.

Legal Requirements

NTT Managed Services Americas is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also NTT Managed Services Americas policy to terminate the privileges of customers who commit repeated violations of copyright laws.

NTT Managed Services Americas is required by law to notify law enforcement agencies if it becomes aware of the presence of child pornography on or being transmitted through NTT Managed Services Americas’ network. In order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request in accordance with the Master Service Agreement between the parties, NTT Managed Services Americas may disclose information including, but not limited to, information concerning a Subscriber, a transmission made using our network or using an internet service such as a web site.

NTT Managed Services Americas may disclose information including, but not limited to, information concerning a Subscriber, a transmission made using our network or using an internet service such as a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request in accordance with the Master Service Agreement between the parties. Finally, NTT Managed Services Americas may disclose Subscriber information or information transmitted over its network where necessary to protect NTT Managed Services Americas and others from harm, or where such disclosure is necessary to the proper operation of the system in accordance with the Master Service Agreement between the parties.

NTT Managed Services Americas expects that its Subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A Subscriber’s failure to comply with those laws will violate NTT Managed Services Americas policy.

Complaints and Violations

Any complaints or information about a Subscriber's violation of this AUP should be emailed to MCIS.Abuse@global.ntt.

Effective Date: 10 February 2023

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