Symmetry, LLC (“Symmetry”) has developed this Acceptable Use Policy (“AUP”) to foster the responsible use of Symmetry’s infrastructure, networks, cloud-based offerings, systems, services, software, websites, products, and facilities (collectively, “the Symmetry Infrastructure and Services”) by our Clients, their customers, and other users of the Symmetry Infrastructure and Services (collectively, “Clients”), and to enable us to provide Clients with secure and reliable services. By using the Symmetry Infrastructure and Services, Clients consent to be bound by the terms of this AUP.
Modifications to the AUP
Symmetry reserves the right to modify this AUP at any time. Such modifications will be effective when posted and Clients are expected to check this page from time to time to take notice of any changes Symmetry has made, as this AUP is legally binding. In the event any AUP modification would materially affect Client’s business, Symmetry will notify Client. Any use of the Symmetry Infrastructure and Services after posted AUP modifications shall constitute acceptance of such modifications.
Filters and Information Collection
Symmetry reserves the right to install and use any appropriate devices to prevent violations of this AUP, including but not limited to, devices designed to filter or terminate access to Symmetry Infrastructure and Services, such as intrusion detection or prevention devices, and network packet analyzer tools. By accepting and using Symmetry Infrastructure and Services, Clients consent to allowing us to collect service information and routing information in the normal course of our business, and to use such information for general business purposes.
Prohibited Conduct and Uses
The Symmetry Infrastructure and Services must be used in a manner that is consistent with the intended purpose of the Symmetry Infrastructure and Services and may be used only for lawful purposes. Clients shall not use the Symmetry Infrastructure and Services in order to transmit, distribute or store content: (a) in violation of any applicable law or regulation, including export, import, or encryption laws or regulations; (b) that may adversely affect the Symmetry Infrastructure and Services or other Symmetry Clients; or (c) that may expose Symmetry to criminal or civil liability.
Violation of Intellectual Property Rights
Material accessible through or contained within the Symmetry Infrastructure and Services may be subject to protection under privacy, data protection, or confidentiality laws and may contain intellectual property rights owned by Symmetry or third parties, including but not limited to, copyright, patents, trademarks, trade names, trade secrets, or other proprietary information. Clients shall not use the Symmetry Infrastructure and Services in any manner that would infringe, dilute, misappropriate, breach, or otherwise violate any such rights or laws.
Clients are responsible for ensuring that all applications, software, programs, and content which are hosted though the Symmetry Infrastructure and Services are properly licensed from the applicable third parties to the extent required in the context of the applicable deployment. Clients will indemnify in full, and keep fully indemnified on a continuing basis, Symmetry with respect to any claims by third parties brought against Symmetry based on an allegation that any such Client failed to comply with its obligations under this paragraph.
Clients will promptly respond to any advisory with respect to a Digital Millennium Copyright Act (DMCA). Upon receipt of DMCA notice from Symmetry or from any third party, Client will promptly remove any offending content, or alternatively seek appropriate legal action to reject the DMCA claim.
Clients shall not use the Symmetry Infrastructure and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations, or which does not comply with any applicable advertising laws or codes of practice.
Clients shall not use the Symmetry Infrastructure and Services to transmit, distribute, or store material that may be harmful to or interfere with the Symmetry Infrastructure and Services or any third party’s networks, systems, services, or websites. Such prohibited harmful content includes, but is not limited to, viruses, worms, and Trojan horses.
Clients shall not use the Symmetry Infrastructure and Services to transmit, distribute, or store material that is inappropriate, as reasonably determined by Symmetry in its sole discretion, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, or violent. Notwithstanding the foregoing or anything else to the contrary, no pornographic content of any kind may be stored (either permanently or temporarily), processed by or transmitted through any of Symmetry’s cloud-based services or any of Symmetry’s cloud-based infrastructure.
In the event that Symmetry becomes aware that content may violate this AUP and/or expose Symmetry to civil or criminal liability, Symmetry reserves the right to block access to such material, and suspend or terminate its provision of the Symmetry Infrastructure and Services to any Client creating, storing, or disseminating such material. Symmetry further reserves the right to cooperate with legal authorities and third parties in any investigation of alleged wrongdoing.
Unsolicited E-Mail Messages
Clients shall not use the Symmetry Infrastructure and Services to transmit unsolicited e-mail messages, including without limitation, unsolicited bulk email (“spam”). Further, Clients are prohibited from using the service of another provider to send spam to promote a website hosted on or connected to the Symmetry Infrastructure and Services. In addition, Clients shall not use the Symmetry Infrastructure and Services in order to send e-mail messages which are excessive and/or intended to harass or annoy others. All volume emails or mass mailings shall contain an opt-in/opt-out provision.
Clients shall not use the Symmetry Infrastructure and Services to conduct activities that may be harmful to or interfere with the Symmetry Infrastructure and Services or any third party’s networks, systems, services, or websites, including but not limited to, flooding, mail bombing, or denial of service (DoS) attacks.
Security Breach Attempts
With the exception of industry standard vulnerability testing as required for compliance, Clients are prohibited from violating or attempting to violate the security of the Symmetry Infrastructure and Services, or any third-party’s computers, accounts, or networks through their use of the Symmetry Infrastructure and Services. Clients are also prohibited from conducting any activity considered a precursor to attempted security violations, including but not limited to, any form of scanning, probing, or other testing or information gathering activity, without express authorization of the owner of the system or network.
Security Breach and Impending Event Notification
All Clients of the Symmetry Infrastructure and Services are responsible for notifying Symmetry immediately if they become aware of a security breach or an impending event that may negatively affect the Symmetry Infrastructure and Services. This includes extortion threats that involve threat of DoS attacks, unauthorized access, or other security events.
AUP Violation Reporting
Clients who become aware of a violation of this AUP must report this information to Symmetry by email at [email protected]. Symmetry may take any appropriate action as it reasonably deems fit in its sole discretion in respect of such violations.
In most cases, Symmetry will notify Clients of complaints received regarding an alleged violation of this AUP. Clients agree to promptly investigate all such complaints and take all necessary actions to remedy any violations of this AUP. Symmetry may inform the complainant that Client is investigating the complaint and may provide the complainant with the necessary information to contact Client directly to resolve the complaint. Client shall identify a representative for the purposes of receiving such communications.
Suspension or Termination
If Symmetry determines that any Client has violated any provision of this AUP, Symmetry, at its sole discretion, may terminate or suspend its provision of the Symmetry Infrastructure and Services to that Client. However, if Symmetry determines that the violation is inadvertent or unintentional, and a resolution is reasonably practical under the circumstances to address the underlying violation, Symmetry may limit the suspension of service for the violation of the AUP to the source of the services from which the violation occurred.
Symmetry will attempt to notify Client prior to suspending service for violation of the AUP (which may be via email or any other notification), however, Symmetry may suspend service without notice if Symmetry becomes aware of a violation of any applicable law, regulation, or activity, including but not limited to a violation of the AUP, that exposes Symmetry to criminal or civil liability, or that exposes the Symmetry Infrastructure and Services or any third party property to harm. Such harm may include, but is not limited to, risk of having one or more IP addresses placed on blacklists, or a distributed DoS attack consuming excess resources. Symmetry may take such further action as Symmetry determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Symmetry shall not be liable for any damages of any nature suffered by any Client or any third party resulting in whole or in part from Symmetry’s exercise of its rights under this AUP.
Cooperation with Investigations
Inappropriate activity may result in civil or criminal liability. Symmetry will cooperate with appropriate law enforcement agencies, when requested, and other parties involved in investigating claims of illegal or inappropriate activity. Symmetry reserves the right to disclose Client information to the extent authorized by applicable law.
Additional Terms and Conditions
The use of the Symmetry Infrastructure and Services is subject to the terms and conditions of any agreements entered into with Symmetry. This AUP is hereby incorporated into any and all of such agreements by reference.