Last Modified: February 1, 2016
This Acceptable Use Policy (“AUP”) describes the prohibited uses of Dyn’s network, systems, and Services. This AUP applies to all Authorized Users of the Services and is incorporated by reference into the applicable Agreement between Client and Dyn. Capitalized terms used herein, but undefined will have the meaning given to such term in the Agreement. The term “You” refers to the individual or legal entity, as applicable, identified as the Client and/or Authorized User when you submitted an Order and registered on Dyn’s websites. THIS AUP SHALL APPLY EQUALLY TO CLIENT AND CLIENT’S PERMITTED AUTHORIZED USERS, AND CLIENT SHALL ENSURE ITS PERMITTED AUTHORIZED USERS COMPLY WITH THIS POLICY. IF YOU DO NOT AGREE TO BE BOUND BY THIS AUP OR THE AGREEMENT YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICES.
1. No Infringing, Illegal, Threatening, Defamatory, and Offensive Uses.
You shall not use the Services to violate any applicable laws, rules, or regulations issued or promulgated by any competent government authority. Without limiting the foregoing, You shall not use the Services for, or in connection with, the following: (a) theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property or proprietary information; (b) fraud, forgery, or theft or misappropriation of funds, credit cards, or personal information; (c) export, re-export, or transfer of restricted software, algorithms, or other data in violation of applicable export control laws; (d) deceptive practices such as posing as another service for the purposes of phishing or pharming; (e) distributing any materials of a threatening or harmful nature, including, without limitation, threats of death or physical harm, or materials that are malicious, harassing, libelous, defamatory, which harm Dyn’s reputation, or which facilitate extortion; or (f) distributing any offensive materials, including, without limitation, materials that are obscene, constitute illegal pornography, indecent, or hateful and materials which promote illegal gambling or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
2. Security and Interference.
You shall not use the Services to violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of any network, electronic service, or other system that is accessible through, or in connection with, the Services. You shall not use the Services in a manner that interferes with any other party’s ability to use and enjoy the Services, that interferes with Dyn’s ability to provide the Services, or that otherwise may create legal liability for Dyn in Dyn’s sole discretion. You shall not use the Services to violate the acceptable use policy or terms of service of any other service provider, including, without limitation, any Internet service provider or domain name registry. Without limiting the foregoing, You shall not use the Services for, or in connection with, the following: (a) hacking, cracking into, or otherwise using the non-public areas of the Services or any other system without authorization; (b) unauthorized probes or port scans for vulnerabilities; (c) unauthorized penetration tests, traffic that circumvents authentication systems or other unauthorized attempts to gain entry into any system; (d) web crawling which is not restricted to a rate so as not to impair or otherwise disrupt the servers being crawled; (e) unauthorized network monitoring or packet capture; (f) forged or non-standard protocol headers, such as altering source addresses; (g) flooding; (h) Denial of Service (DoS) attacks of any kind; (j) distributing unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code; (k) operating network Services such as: open proxies; open mail relays; or open, recursive domain name servers; (l) use that is beyond commercially reasonable limits and that negatively impacts Dyn’s ability to provide the Services; or (m) sharing or publishing content from the Services to cause, or have the consequence of causing, the user of the content to be in violation of the terms and this AUP.
You shall not use the Services for purposes of distributing “spam” emails, bulk unsolicited instant messages, or any other form of unsolicited electronic communications distributed on a bulk basis to recipients with which You have no preexisting business or personal relationship. Additionally, You shall not use the Services to collect responses from spam. You shall not harvest, collect, gather, or assemble information or data of users, including, but not limited to, email addresses, without their consent. Without limiting the foregoing, You shall not use the Services for, or in connection with, the following: (a) sending pyramid schemes; (b) sending chain letters; (c) sending any mail in contravention of the CAN SPAM Act of 2003, Canada’s Anti-Spam Legislation (CASL), or any other applicable state or federal laws and regulations; (d) to send email to address lists obtained from third-parties, whether such lists were rented, purchased or otherwise obtained; or (e) altering or obscuring email headers or assuming the identity of a sender without the explicit permission of that sender.
4. Export Control Policy.
Export control and economic sanctions laws in the United States prohibit or restrict unlicensed transactions with certain parties identified in lists published by government agencies. In addition, many countries maintain trade sanctions and embargo programs against specific countries, such that unlicensed transactions involving those embargoed countries are prohibited or restricted. In order to comply with these and other legal requirements, it is Dyn general policy that Dyn does not do business with or otherwise engage with customers in the following geographic areas: Cuba, Iran, North Korea, Syria, Sudan, and the Crimea region of Russia. Additionally, Dyn does not do business with or otherwise engage in or facilitate transactions involving individuals or entities that are subject to sanctions or other applicable trade control restrictions, including, but not limited to, parties listed on the Specially Designated Nationals (SDN) maintained by the U.S. Department of the Treasury. By using the Services You represent and agree that You are not located in a prohibited geographic area nor are You subject to sanctions or applicable trade control restrictions.
If You become aware of any violation of this AUP You shall promptly report such violation to Dyn.
6. Rights and Remedies.
Dyn, in its sole reasonable discretion, will determine whether conduct fails to conform to the terms and conditions of this AUP. If Your conduct fails to conform to the terms and conditions of this AUP in a fashion that negatively impacts Dyn or its systems or networks, or such that continued provision of the Services violates the law, Dyn may immediately suspend the Services and/or any Order. Dyn may further, in its sole discretion, terminate the Services and/or any Order if the conduct giving rise to the suspension is either i) willful or malicious, or ii) if not willful or malicious, not cured within a reasonable period of time after notice of the suspension is provided. Dyn may also intercept, block, or black hole Your data or traffic if Your conduct fails to conform to this AUP. Dyn may cooperate with legal authorities or other appropriate third parties in connection with any investigation of illegal conduct violating this AUP.
7. Changes to this Policy.
We reserve the right to modify this AUP from time to time. We will post any changes to this AUP on this page and, if the changes are significant, we will provide a more prominent notice, which may include posting notice of such changes on Dyn’s home page or designated status page. Your continued use of the Services constitutes an acknowledgement of the terms of the then current AUP and an agreement to follow and be bound by the same.