All customers and users of the services and products (“You” or “Customer”) provided by or through phData agree to comply with this Acceptable Use Policy (“AUP”) – it is part of your contract with us and our affiliates (the “Services”).
This AUP applies to the following in connection with your use of Services provided by phData:
We may modify this AUP at any time by posting a revised version on the phData website. The most current AUP will always be posted here (http://phdata.io/legal/aup/). Words that are capitalized in this AUP have the meanings given to them in the Service Level Agreement. By using the Services, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Services.
Unless otherwise requested, and if applicable, we will monitor your System capacity for disk space, memory, and CPU performance. We do this to prevent downtime in the event of usage spikes that may cause performance issues or outages.
You agree to provide us with accurate information, including information you provide to us during sign up, in communications with us, through trouble tickets and in our customer portal. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Services, or defame or otherwise harm any party through your use of the Services. Failure to provide us with accurate information is a material breach of this AUP, and if not cured within the time set out in the Services may lead to termination.
You agree that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Services and not interfere with the use of Services by other users or with the operation and management of the Services by phData. You agree to not use or encourage, promote, facilitate or instruct others to use, the Services for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.
For information about the use and protection of your information by phData, please refer to the phData Privacy and Security Statement, which is incorporated into and made a part of this AUP.
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include, but are not limited to:
It is your obligation to determine whether a particular use of our services is permitted. You are responsible for the content you store, upload or transmit using our products and services. You may use this AUP as a baseline to determine whether a particular use is permitted. However, there may be uses that are not defined here that are not lawful or are generally prohibited by the Internet community. The use of our products and Services in the following activities is strictly prohibited:
If you initiate, process or enable email use with your Services, you must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email. You may use your Services to send bulk mail if you comply with the CAN-SPAM Act of 2003.
This AUP applies to messages sent using your Services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an email address hosted via your Service. phData may block the transmission of email that violates these provisions. phData may, at its discretion, require certain customers to seek advance approval for bulk and commercial email, which approval will not be granted unless the customer can demonstrate that all of the requirements stated above will be met.
The following safeguards are required in all systems regardless of the type of data stored or processed:
The following safeguards are required for one-tier systems that store or process Sensitive Data:
phData complies with the Digital Millennium Copyright Act (“DMCA”). You are required to comply with U.S. copyright laws. If a copyright holder believes that a phData customer has infringed a copyright, the copyright holder is required to comply with all provisions of the DMCA. If the copyright holder has reviewed the DMCA, and understand its provisions, it may submit your DMCA notice to our designated agent at:
400 S. 4th St., Suite 401
Minneapolis, MN 55415
We reserve the right but do not assume the obligation, to investigate any violation of this AUP or misuse of the Services. phData may, at its sole discretion:
At phData’s discretion, we may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. We may cooperate with law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP. Reporting information may include disclosing appropriate customer information.
If a third party requests information from us, the party should assume that unless expressly required by law, its request is not confidential, and will be transmitted to the appropriate phData customer. Individuals and entities that request information about our products and services, and their use by our customers, must demonstrate that they are legally entitled to this information. Requests for information, including subpoenas, will be honored only if they are part of a filed and pending matter. Third parties will be charged our technical assistance fee of $175 per hour to process a request, and are responsible for any legal fees we incur when responding to a request. Please direct correspondence about this paragraph to:
400 S. 4th St, Suite 401
Minneapolis, MN 44415
No credit will be available under a phData service level guaranty or agreement for interruptions of service resulting from AUP violations.
In addition, if you request that we do not adjust your capacity as noted in the Capacity and Performance Monitoring section of this AUP, no SLA credits will be given in the event your system experiences downtime or performance issues as a result.
If you become aware of any violation of this AUP, you agree to immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please send an email to email@example.com with the following information: