Updated: October 1, 2020

Update to AUP. ClearScale Managed Services Reserves the right to modify this AUP at any time, by notifying Customer either via email or posting a revised copy of the AUP on our website. Customer agrees to review this AUP on a regular basis and remain in compliance at all times.

Compliance. This AUP is intended to protect the Services provided by ClearScale Managed Services (the “Service”), Customers of ClearScale Managed Services and the Internet community as a whole from improper, inappropriate, abusive, or illegal activity. When using the Service, Customer is required to comply with this AUP and is expected to adhere to commonly accepted practices of the Internet community. The prohibited uses described below are intended as guidelines regarding improper and inappropriate conduct, and should not be interpreted as an exhaustive list. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this AUP is prohibited. ClearScale Managed Services reserves the right at all times to prohibit activities that damage its commercial interests, reputation and goodwill.

ClearScale Managed Services makes no guarantee regarding, and assumes no liability for, the security and integrity of any data or information Customer store or transmit via the Service or the Internet, including any data or information stored or transmitted by any computer designated as “secure”. Customer is responsible for immediately reporting to ClearScale Managed Services any issue that could compromise the security or integrity of any system taking part in the Service.

Prohibited Uses.

No Illegal Use. The Service may be used only for lawful purposes. The transmission, distribution, retrieval or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, data or other material which:

  • Infringes, violates or misappropriates any copyright, trademark, trade secret or other intellectual property right;
  • Is obscene, defamatory, pornographic or indecent;
  • Constitutes an illegal threat made against any person or organization; or
  • Violates export control laws or regulations

ClearScale Managed Services will be the sole arbiter as to what constitutes a violation of this provision, provided that any determination of a violation of this provision shall be made reasonably in good faith based on applicable law, regulation and the accepted norms of the Internet community.

No Fraud and Forgery. Customer shall not use the Service in any manner that purposely alters or forges Customer’s identity. Customer may not engage, without limitation, in the following activities:

  • Sending any message or transmitting any electronic communication using a name or address other than its own for purposes of deception;
  • Impersonating someone else by altering its source IP address or by using forged headers or other identity information; or
  • Fraudulently concealing, forging or otherwise falsifying its identity in connection with any use of the Service.

System and Network Security. Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following:

  • Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic;
  • Using the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ClearScale Managed Services’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data;
  • Interference with Service to any customer, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting;
  • Using the Service to collect, or attempt to collect personal information about third parties without their consent; or
  • Using the Service to release or distribute any “virus” or other software or instructions intended to destroy or corrupt or otherwise interfere with others’ access to and/or use of the Services, the Internet, their computer systems and/or data.

No Tortious Conduct. Customer shall not use the Service to post tortious, unlawful or defamatory information about a person without their consent, including any information that is harassing or would intentionally inflict emotional distress.

No Spamming. Customer shall not use the Service to send unsolicited messages, including, without limitation, commercial advertising and informational announcements or sending mass e-mailings, if such e-mailings provoke complaints from the recipients and Customer shall not use another site's mail server to relay mail without the express permission of the site.

Other Activities. Customer shall not use the Service to effect or participate in any of the following activities:

  • To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles, which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
  • To engage in any of the foregoing activities prohibited under this AUP using the service of another provider, but channeling such activities through a ClearScale Managed Services provided server, or using a ClearScale Managed Services provided Service as a mail drop for responses; or
  • To falsify user information provided to ClearScale Managed Services or to other users of the Service.

Consequences of Violation.

In addition to any other rights or remedies under applicable law:

Suspension and Termination. If ClearScale Managed Services reasonably determines that the Customer’s activities violate this AUP or pose a clear, present and material risk of harm to ClearScale Managed Services’s business or operations or to ClearScale Managed Services’s other customers, ClearScale Managed Services may immediately, without prior notice to Customer, take all actions to suspend or otherwise restrict Customer’s use of the Service to the extent necessary to prevent further possible unauthorized activity. Within one hour of taking any action to suspend or restrict a Customer's use of the affected Service, ClearScale Managed Services shall use commercially reasonable efforts to provide written notice to Customer by facsimile or e-mail stating the actions taken and all facts supporting any allegation of violations of this AUP. Following completion of the investigation, and delivery to ClearScale Managed Services of a written report setting forth the details and conclusion of such investigation, depending on the severity of the violation, ClearScale Managed Services may, in its sole discretion, in addition to any other remedies available to under law or its agreement with a Customer, restrict, suspend, or terminate the Service. ClearScale Managed Services will have no liability to Customer for any such suspension or termination, and ClearScale Managed Services shall have no obligation to refund or issue any credits (including any service credits) for any outages incurred through Service disablement resulting from an AUP violation.

Reporting. If ClearScale Managed Services becomes aware that such violation is a criminal offense, ClearScale Managed Services reserves the right to notify the appropriate law enforcement department of such violation. All ClearScale Managed Services contacts with any third party, including, without limitation, law enforcement, shall be in accordance with applicable law and regulation, including, but not limited to, law and regulation governing the privacy of information as applicable to ClearScale Managed Services’s provision of its Service to its Customers.

Reporting Network Abuse. Any party seeking to report any violations of ClearScale Managed Services’s policies may contact ClearScale Managed Services by sending an email to: info@clearscale.com. If available, please provide the following information: 1) The IP address, username or other identifying information used to commit the alleged infraction; 2) The date and time of the alleged violation, including the time zone or offset from GMT; and 3) Evidence of the alleged violation.