Generally

Virtustream LLC (“Virtustream”) has developed this Acceptable Use Policy (“AUP”) with the goal of fostering the responsible use of Virtustream’s infrastructure, networks, cloud-based offerings, systems, services, web sites, facilities and products (collectively, the “Virtustream Infrastructure and Services”) by our customers and other users of the Virtustream Infrastructure and Services (collectively, “Users”), and to enable us to provide Users with secure and reliable services. By using the Virtustream Infrastructure and Services, Users consent to be bound by the terms of this AUP. Virtustream reserves the right to modify this AUP in its discretion at any time. Such modifications will be effective when posted and you are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Any use of the Virtustream Infrastructure and Services after such modification shall constitute acceptance of such modification.

www.virtustream.com is a site operated by Virtustream LLC a company incorporated in Delaware and whose principal office is located at 8444 Westpark Drive, Suite 900, McLean, VA 22102 USA.

Suspension, Termination

If Virtustream determines that any User has violated any element of this AUP, Virtustream may terminate or suspend its provision of the Virtustream Infrastructure and Services to that User. Virtustream will suspend service for violation of the AUP on the most limited basis as Virtustream determines is reasonably practical under the circumstances to address the underlying violation. Virtustream will attempt to notify User prior to suspending service for violation of the AUP (which may be via email or any other notification); provided, however, Virtustream may suspend service without notice if Virtustream becomes aware of a violation of any applicable law or regulation or activity, including but not limited to a violation of the AUP, that exposes Virtustream to criminal or civil liability or that exposes the Virtustream infrastructure, network or 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. Virtustream may take such further action as Virtustream determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Virtustream shall not be liable for any damages of any nature suffered by any User or any third party resulting in whole or in part from Virtustream’s exercise of its rights under this AUP, except that nothing in this AUP shall exclude or limit Virtustream’s liability for death or personal injury caused by its negligence or any other liability that cannot be excluded or limited by law.

Prohibited Conduct

In General

The Virtustream Infrastructure and Services must be used in a manner that is consistent with the intended purpose of the Virtustream Infrastructure and Services and may be used only for lawful purposes. Users shall not use the Virtustream Infrastructure and Services in order to transmit, distribute or store content: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the Virtustream Infrastructure and Services or other Virtustream customers; or (c) that may expose Virtustream to criminal or civil liability.

Inappropriate Content

Users shall not use the Virtustream Infrastructure and Services to transmit, distribute or store material that is inappropriate, as reasonably determined by Virtustream, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively 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 Virtustream’s cloud-based services or any of Virtustream’s cloud-based infrastructure, including, without limitation, Virtustream’s xStream platform.

Intellectual Property

Material accessible through or contained within the Virtustream Infrastructure and Services may be subject to protection under privacy, data protection or confidentiality laws and may contain intellectual property rights owned by Virtustream or third parties, including but not limited to, copyright, patents, trademarks, trade names, trade secrets or other proprietary information. Users shall not use the Virtustream Infrastructure and Services in any manner that would infringe, dilute, misappropriate, breach or otherwise violate any such rights or laws. Users are responsible for ensuring that all applications, software, programs, and content which are hosted though the Virtustream Infrastructure and Services are properly licensed from the applicable third parties to the extent required in the context of the applicable deployment. Users will indemnify in full, and keep fully indemnified on a continuing basis, Virtustream with respect to any claims by third parties brought against Virtustream based on an allegation that any such User failed to comply with its obligations under this paragraph.

Harmful Content

Users shall not use the Virtustream Infrastructure and Services to transmit, distribute or store material that may be harmful to or interfere with the Virtustream Infrastructure and Services or any third party’s networks, systems, services, or web sites. Such prohibited harmful content includes, but is not limited to, viruses, worms, and Trojan horses.

Fraudulent/Misleading Content

Users shall not use the Virtustream 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.

Collecting Information

Users shall not use the Virtustream Infrastructure and Services to store or collect, or attempt to store or collect, personal data relating to any third parties in violation of applicable law; Users shall comply at all times with applicable data protection legislation

Email and Unsolicited Messages

Users shall not use the Virtustream Infrastructure and Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email (“spam”). Further, Users are prohibited from using the service of another provider to send spam to promote a website hosted on or connected to the Virtustream Infrastructure and Services. In addition, Users shall not use the Virtustream Infrastructure and Services in order to send e-mail messages which are excessive and/or intended to harass or annoy others.

Other Improper Actions

Users shall not use the Virtustream Infrastructure and Services to conduct activities that may be harmful to or interfere with the Virtustream Infrastructure and Services or any third party’s networks, systems, services, or Web sites, including, but not limited to, flooding, mail bombing, or denial of service attacks. Users are prohibited from violating or attempting to violate the security of the Virtustream Infrastructure and Services or the computers, accounts, or networks of another party. Users are also prohibited from 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. Inappropriate activity may result in civil or criminal liability. Virtustream may investigate such activity and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity.

Responsibility for Content

Virtustream takes no responsibility for any content created or accessible on or through the Virtustream Infrastructure and Services. Virtustream is not obligated to monitor such content. Virtustream will not exercise any editorial control over such content. In the event that Virtustream becomes aware that any such content may violate this AUP and/or expose Virtustream to civil or criminal liability, Virtustream reserves the right to block access to such material and suspend or terminate its provision of the Virtustream Infrastructure and Services to any User creating, storing or disseminating such material. Virtustream further reserves the right to cooperate with legal authorities and third parties in any investigation of alleged wrongdoing.

Responsibility for End Users

Where agreed in Customer’s contract with Virtustream, Customers may extend access to the Virtustream Infrastructure and Services to their end users. Where this is done, it is the Customer’s responsibility to ensure that all of its end users comply with this AUP.

Reporting Violations

Virtustream requests that any person who becomes aware of a violation of this AUP reports this information to Virtustream by email to Dell_Legal_Notices@dell.com. Virtustream may take any appropriate action as it reasonably deems fit in its sole discretion in respect of such violations.