This Acceptable Use Policy for Dyn Services (“AUP”) describes the prohibited uses of Oracle’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 Oracle. 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 Oracle’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.
- 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 Oracle’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.
- 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 Oracle’s ability to provide the Services, or that otherwise may create legal liability for Oracle in Oracle’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 Oracle’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. For security purposes, when establishing an account for Dyn Services, you will provide a contact email address.
- Spam. 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.
- Export. Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Services. Such export laws govern use of the Services (including technical data) and any Services deliverables provided under this Agreement, and You and we each agree to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). You agree that no data, information, software programs and/or materials resulting from Services (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. You acknowledge that the Services are designed with capabilities for You and Your Users to access the Services without regard to geographic location and to transfer or otherwise move Your content between the Services and other locations such as User workstations. You are solely responsible for the authorization and management of User accounts across geographic locations, as well as export control and geographic transfer or Your content. 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.
- Violations. If You become aware of any violation of this AUP You shall promptly report such violation to Oracle.
- Rights and Remedies. Oracle, 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 Oracle or its systems or networks, or such that continued provision of the Services violates the law, Oracle may immediately suspend the Services and/or any Order. Oracle 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. Oracle may also intercept, block, or black hole Your data or traffic if Your conduct fails to conform to this AUP. Oracle 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 Oracle’s home page for Dyn Services 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.