1.0 Introduction and Applicability of Acceptable Use Policy
Digital Realty Trust, L.P. and its subsidiaries, parent companies, and affiliates, including, but not limited to Telx, LLC (collectively “Digital Realty” or “Company”) have adopted this Acceptable Use Policy (“AUP”) to govern the use of their connectivity services (the “Services”) by their customers (“Customers” or “you”) and by users that have gained access to the Services through Customer accounts (“Users”).
By using the Services, you acknowledge that you and your Users are responsible for compliance with this AUP, and agree to be bound by this AUP. You are responsible for violations of this AUP by any User that accesses the Services through your account, which includes, without limitation, Users for whom you provide services as a reseller. Digital Realty does not intend to control or monitor any User’s experience or the content of their online communications, however, Digital Realty reserves the right to disconnect or otherwise terminate your access to the Services for usage that violates (or may violate) the AUP or that otherwise appears unlawful. This AUP applies to all aspects of the Company’s Services across its network, including equipment, systems, facilities, services and products incorporated or used in such transmission network (“Digital Realty Network”). This AUP is designed to protect the Digital Realty Network, the Services, Customers, Users, and the Internet community from improper or illegal activity across the Internet, to improve the Services and to improve Services offerings.
The use of the Digital Realty Network by a Customer is subject to the terms and conditions of any agreements entered into by such Customer and Digital Realty. This AUP is incorporated into such agreements by reference. Certain products or services provided through the Digital Realty Network may have additional terms and conditions, which govern in the event of any inconsistency with this AUP. Please refer to the specific products and services terms and conditions including any specification sheets as well as FAQs, and the agreements under which such products and services are being provided for further information.
If you do not wish to be bound to this AUP, you should not access, subscribe to, or otherwise use the Digital Realty Network. Digital Realtymay modify this AUP at any time, without notice to you. Modifications will be deemed effective immediately upon posting of the modified terms at https://intranet.Digital Realty Trust.com/web/guest/library/.
2.0. Prohibited Uses
2.1 Illegal Activity You may access and use the Digital Realty Network for lawful purposes only. You are responsible for any transmission you or your Users send, receive, post, access, or store via the Digital Realty Network. Digital Realty strictly prohibits the use of the Services for the transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty). This prohibition includes, but is not limited to, the use or transmission of any data that is protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful. Some examples of unlawful conduct include:
2.2 unauthorised Access/Interference A Customer or User may not attempt to gain unauthorised access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any portion of the Digital Realty Network. A Customer or User may not use the Services to engage in any activities that may interfere with the ability of others to access or use the Services or the Internet. A Customer or User may not use the Services to monitor any data, information, or communications on any network or system. A Customer or User is strictly prohibited from attempting to gain access to the user accounts of other Customers or Users, or violating system or network security, each of which may result in criminal and civil liability. Digital Realty will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Digital Realty may, but is under no obligation to, monitor equipment, systems and network equipment at any time for security and management purposes. Examples of prohibited unauthorised access or interference include:
2.3 Spoofing/Fraud Customers and Users are prohibited from intentionally or negligently injecting false data into the Internet via the Digital Realty Network, for instance in the form of bad routing information (including, but not limited to, the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information.
A Customer or User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the Customer or User for purposes of deception via the Digital Realty Network. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify a Customer’s or User’s identity in connexion with use of the Services is also prohibited.
2.4 Unsolicited Commercial E-mail/Spamming A Customer or User may not use the Services to transmit unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient, or files that disrupt a server, account, newsgroup, or chat service. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient using the Digital Realty Network or Services is prohibited. In addition, “spamming” or “mail-bombing” using the Digital Realty Network or Services is also prohibited.
Likewise, Customers or Users are precluded from transmitting on the Digital Realty Network: (1) unsolicited informational announcements; (2) chain mail; (3) numerous copies of the same or substantially similar messages; (4) empty messages; or (5) messages which contain no substantive content. Use of the service of another provider to send unsolicited commercial e-mail, spam, or mail-bombs, to promote a site hosted on or connected to the Digital Realty Network, is similarly prohibited. Likewise, a Customer or User may not use the Services to collect responses from mass unsolicited e-mail messages, e-mail addresses, screen names, or other identifiers of others (without Company’s prior written consent), a practice sometimes known as spidering or harvesting. You and your Users may not use any of Company’s mail servers or another site’s mail server to relay mail without the express permission of the account holder or the site.
You and your Users will not access any Usenet newsgroups via any network other than the Digital Realty Network. Without notice to you, and at any time, Digital Realty may add, remove, or modify Usenet newsgroups or services and may modify or restrict the bandwidth available to download content from Usenet newsgroups.
Digital Realty may, in its sole discretion, rely upon information obtained from anti-spamming organisations (including, for example and without limitation, spamhaus.org, spamcop.net, sorbs.nte, and abuse.net) as evidence that a Customer or User is an active “spam operation” for purposes of taking remedial action under this AUP.
2.5 Usenet Postings All postings to Usenet groups must comply with that group’s charter and other policies. Customers and Users are prohibited from cross-posting to unrelated news groups or to any news groups where the post does not meet that group’s charter. Continued posting of off-topic messages, including commercial messages (unless specifically invited) is prohibited. Disrupting newsgroups with materials, postings or activities that are (as determined by Digital Realty in its sole discretion) frivolous, unlawful, obscene, threatening, abusive, libelous, hateful, excessive or repetitious is prohibited, unless such materials or activities are expressly allowed or encouraged under the newsgroup’s name, Frequently Asked Questions, or charter.
2.6 Miscellaneous Prohibited Activities Digital Realty prohibits Customers and Users from using the Digital Realty Network for any prohibited activities, including, but not limited to, the following activities:
2.7 Complaints Digital Realty reserves the right to suspend access. If Digital Realty receives complaints directly from Internet users, through Internet organisations and through other parties, Digital Realty shall not be required to determine the validity of complaints received, or of information obtained from anti-spamming organisations, before taking action under this AUP. A complaint from the recipient of commercial e-mail, whether received directly, or through an anti-spamming organisation, shall be evidence that the message was unsolicited. Digital Realty has no obligation to forward the complaint to the Customer or User, or to identify the complaining parties.
2.8 DIGITAL REALTY Right of Action for Prohibited Actions The actions described in this Section II are non-exhaustive, and Digital Realty reserves the right to take appropriate action to remedy any conduct which it deems to be a violation of this AUP or otherwise may be harmful to the Digital Realty Network, its Customers, or Internet users.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A CUSTOMER OR USER, SHALL BE CONSIDERED VIOLATIONS OF THE AUP BY SUCH CUSTOMER OR USER.
3.0 DIGITAL REALTY’s Rights
3.1 Suspension or Termination of Services If Customers or Users engage in conduct or a pattern of conduct, including without limitation repeated violations by a User whereby correction of individual violations does not, in Digital Realty’s sole discretion, correct a pattern of the same or similar violations, while using the Services that violates the AUP, or is otherwise illegal or improper, Digital Realty reserves the right to suspend and/or terminate the Services or the User’s access to the Services. Digital Realty will generally attempt to notify the Customer or User of any activity in violation of the AUP and request that the User cease such activity; however, in cases where the operation of the Digital Realty Network is threatened or cases involving unsolicited commercial e-mail/spam, a pattern of violations, mail relaying, alteration of the Customer’s or User’s source IP address information, denial of service attacks, illegal activities, suspected fraud in connexion with the use of Services, harassment or copyright infringement, the Company reserves the right to suspend or terminate the Services or the User’s access to the Services without notification.
In the event that Company becomes aware that any such material may violate the terms of this AUP and/or expose Company to civil or criminal liability including, without limitation, under the Digital Millennium Copyright Act (“DMCA”), Company reserves the right to block access to such material and suspend or terminate the access of any User creating, storing, copying, or communicating such material, including any user whom Company becomes aware the Customer or User has engaged in any of the foregoing activity multiple times.
Digital Realty reserves the right to avail itself of the safe harbour provisions of the DCMA. Digital Realty does not make any promise, nor does Digital Realty have any obligation, to monitor or police activity occurring using the Services and will have no liability to any party, including a Customer and User, for any violation of the AUP.
3.2 Investigation and Enforcement Digital Realty has the right, but is not obligated, to strictly enforce this AUP through self-help, active investigation, litigation and prosecution. Company shall not be obligated to monitor or exercise any editorial control over any material stored, copied, or communicated using the Services or the Digital Realty Network, but reserves the right to do so. In addition, Digital Realty may take any other appropriate action against the Customer or a User for violations of the AUP, including repeated violations wherein correction of individual violations does not, in Digital Realty’s sole discretion, correct a pattern of the same or similar violations.
Company further reserves the right to conduct investigations into fraud, violations of the terms of this AUP or other laws or regulations, and to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the user that Company deems responsible for the wrongdoing.
3.3 Cooperation with Law Enforcement Digital Realty may also access and disclose any information (including transactional information) related to a Customer’s or User’s access and use of the Digital Realty Network for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting Company’s rights or property and those of its Customers; or (4) protecting Users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services.
INDIRECT OR ATTEMPTED BREACHES OF THIS AUP, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THIS AUP BY SUCH COMPANY, CUSTOMER OR USER.
Digital Realty will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. Digital Realty reserves the right to disclose Customer and User information to the extent authorised or required by federal or state law. As a reseller of the Services (if applicable), by using and accepting the Services, Customer consents to Company’s disclosure to any law enforcement agency, without the need for subpoena, of Customer’s identity as the service provider of record (including basic contact information), as applicable, for any User about whom Digital Realty is contacted by the law enforcement agency. In instances involving child pornography, Digital Realty will comply with all applicable federal and state laws, including providing notice to the National Centre for the Missing and Exploited Children or other designated agencies.
3.4 Filters and Service Information Digital Realty reserves the right to install and use, or to have Customer install and use, any appropriate devices to prevent violations of this AUP, including devices designed to filter or terminate access to the Services. By accepting and using the Services and allowing Users to use the Services, Customer consents to allowing Company to collect service information and routing information in the normal course of its business, and to use such information for general business purposes.
3.6 Disclaimer of Warranties and Liability YOU AND YOUR USERS UNDERSTAND THAT YOU AND YOUR USERS ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR AND YOUR USERS’ COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR ACCESSED FROM OR OTHERWISE PROVIDED THROUGH THE DIGITAL REALTY NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH THE DIGITAL REALTY NETWORK IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” COMPANY, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE AVAILIABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE DIGITAL REALTY NETWORK. YOU AND YOUR USERS ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. COMPANY DOES NOT GUARANTEE THAT THE DIGITAL REALTY NETWORK WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES FROM THE USE OF THE DIGITAL REALTY NETWORK THAT ARISE UNDER ANY CAUSE OF ACTION, INCLUDING THOSE THAT RESULT FROM YOUR USE OF THE DIGITAL REALTY NETWORK, ANY SERVICES OFFERED THROUGH THE DIGITAL REALTY NETWORK, OR ANY TRANSACTION PERFORMED THROUGH THE DIGITAL REALTY NETWORK. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF BUSINESS OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF KNOWN BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF COMPANY, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE DIGITAL REALTY NETWORK WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMPANY, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
3.7 Indemnification The Customer and User agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents, shareholders, licensors, and suppliers from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise from: (1) any violation by the Customer or User of this AUP or the acceptable use policy of any third party network provider contracted by Digital Realty in support of the Digital Realty Network; (2) any violation of any rights of a third party by the Customer or User; (3) any violation of applicable law; (4) information or content that a Customer or User submits, posts, transmits or makes available through the Digital Realty Network; or (5) Customer’s or User’s use of the Digital Realty Network.
4.0 Customer and User Responsibilities
4.1 Notice of Network Security Issues Customers and Users are entirely responsible for maintaining the confidentiality of password and account information, as well as the security of their network. Customers and Users agree to immediately notify Digital Realty of any unauthorised use of their accounts or any other breach of security known to you. If the Customer or User becomes aware of any violation of this AUP by any person, including Users that have accessed the Services through Customer’s account, the Customer or User is required to notify Company.
4.2 Configuration All Users of the Digital Realty Network are responsible for configuring their own systems to provide the maximum possible accountability. Digital Realty shall not be liable for any damage caused by such system configurations regardless of whether such configurations have been authorised or requested by Digital Realty. Users of the Digital Realty Network are responsible for educating themselves and configuring their systems with an effective level of security. Should systems at a User’s site be violated, the User is responsible for reporting the violation and then fixing the exploited system
4.3 Impending Security Event Notification All Users of the Digital Realty Network are responsible for notifying Digital Realty immediately if they become aware of an impending event that may negatively affect the Digital Realty Network. This includes extortion threats that involve threat of “denial of service” attacks, unauthorised access, or other security events.
4.4 Complaints In most cases, Digital Realty will notify its Customer(s) of complaints received by it regarding an alleged violation of this AUP. You agree to promptly investigate all such complaints and take all necessary actions to remedy any violations of this AUP. Company may inform the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You are required to identify a representative for the purposes of receiving such communications.
5.0 Miscellaneous Provisions
5.1 Governing Law This AUP is governed by and construed under the laws of the State of CA without regard to its conflict of laws principles. The federal courts within the state of CA and state courts in CA, have exclusive jurisdiction over and venue of any suit that relates to this AUP. You are responsible for ensuring that your conduct is at all times in compliance with all applicable laws, rules, and regulations.
5.2 No Waiver and Severability of Policy Failure by Company to insist upon or enforce strict performance of any provision of this AUP will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this AUP. Company may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this AUP is found to be unenforceable or invalid, this AUP’s unaffected provisions will remain in effect.
5.3 Complaints and Contact Information Any complaints regarding prohibited use or other abuse of the Digital Realty Network, including violation of the AUP, should be sent to Digital Realty at email@example.com or call the Digital Realty Command Centre at 888.835.9832 Option 1. Please include all applicable information that will assist Digital Realty in investigating the complaint, including all applicable headers of forwarded messages.
If you are unsure whether any contemplated use or action is permitted, please submit questions or comments to Digital Realty Command Centre firstname.lastname@example.org.