Services Acceptable Use Policy
This PowerGraph Acceptable Use Policy for Cloud Offerings (this “Policy”) describes prohibited uses of the services offered by PowerGraph LLC (formerly Stratada LLC). (the “PowerGraph Services”). The examples described in this Policy are not exhaustive. PowerGraph may modify this Policy at any time by posting a revised version. By accessing or using the PowerGraph Service, Customer agrees to the latest version of this Policy. If Customer violates this Policy or authorizes or assists others in doing so, PowerGraph may suspend or terminate Customer’s use of the PowerGraph Service.
1. ILLEGAL, HARMFUL OR OFFENSIVE USE OF CONTENT
Customer may not access, use, or authorize, or encourage or facilitate the use by others of the PowerGraph Service for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful or offensive, such as defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, content containing any material that encourages conduct that could constitute a criminal offense, or that violates the intellectual property rights or rights to the publicity or privacy of others. Customer may not harass or interfere with another user's full use and enjoyment of any part of the PowerGraph Service. Customer may not access or use the PowerGraph Service in a manner intended to improperly avoid incurring fees or exceeding usage or capacity limits.
2. SECURITY VIOLATIONS
Customer may not access or use the PowerGraph Service to violate the security, integrity or policies of any network, computer or communications system, or the PowerGraph Software or any other software application (individually and collectively a “Service,”) including but not limited to:
(a) accessing or using any Service without permission,
(b) attempting to probe, scan or test the vulnerability of a Service or to breach any security or authentication mechanisms used by a Service.
3. NETWORK ABUSE
Customer must not: damage, disable, overburden, or impair the PowerGraph Service (or any network connected to the PowerGraph Service); resell or redistribute the PowerGraph Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the PowerGraph Service or attempt to carry out these activities. Customer will not store or transmit any content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware.
4. EMAIL OR MESSAGE ABUSE
Customer will not access or use the PowerGraph Service to distribute, publish, send or facilitate the sending of unsolicited mass email or other messages, promotions, advertising or solicitations, including informational announcements. Customer will not alter or obscure mail headers or assume a sender’s identity without permission. Customer will not collect replies to messages sent from an Internet service provider in violation of this or the Internet service provider’s policies.
5. HAZARDOUS USE
Customer may not access or use the PowerGraph Service in connection with the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other similarly hazardous situations in a manner that if the PowerGraph Service were to fail it could lead to death, personal injury, property damage or environmental damage.
6. VIOLATIONS OF THIS POLICY
PowerGraph reserve the right, but PowerGraph does not have the obligation, to investigate any violation of this Acceptable Use Policy, the relevant Terms of Service for the applicable PowerGraph Service or any misuse, or potential misuse of the PowerGraph Service. PowerGraph may remove, disable access to or modify any content or resource that violates this Policy or any other agreement between Customer and PowerGraph. Without notice to Customer (unless required by law), PowerGraph may report any activity that PowerGraph suspects violates any law or regulation to appropriate law enforcement authorities, regulators or other appropriate third parties. PowerGraph’s reporting may include disclosing appropriate Customer account information and/or Customer content. PowerGraph may also cooperate with law enforcement agencies, regulators or appropriate third parties to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations. If Customer becomes aware of any violation of this Acceptable Use Policy, Customer must immediately notify PowerGraph and provide PowerGraph with reasonable assistance, as PowerGraph requests, to stop or remedy the violation. CUSTOMER AGREES TO HOLD POWERGRAPH HARMLESS FROM AND AGAINST, AND WAIVE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY CLAIMS CUSTOMER MAY HAVE AGAINST POWERGRAPH RESULTING FROM ANY DISCLOSURE, INVESTIGATION OR ACT OR OMISSION OF POWERGRAPH IN THE COURSE OF CONDUCTING OR COOPERATING WITH AN INSPECTION AS SET FORTH IN THIS ACCEPTABLE USE POLICY.