Acceptable Use Policy
DCX USA, LLC (“DCX”) on behalf of itself and its affiliated companies (“Company”, “We” “our” or “Us”), has adopted this Acceptable Use Policy (“AUP”) to govern the use of DCX connectivity services (the “Services”) by their customers (“Customers” or “you”) and by users that have gained access to the Services through Customer accounts (“Users”).
- Scope and Applicability: This AUP is supplemental to and is incorporated into the agreement governing the Services between the Company and Customer (the “Agreement’). In the event any of the terms and conditions in this AUP conflict with the terms and conditions in the Agreement, the Agreement shall govern. Customers shall be responsible for the use of the Services by its Users and its Users compliance with the terms and conditions of the AUP.
- Prohibited Uses:
- Unlawful Use. You and your Users may not use the Services for any purpose in violation of applicable law, including data protection and export laws. This prohibition includes, without limitation, transmission or any data that is (i) protected by trademark, patent, copyright, trade secret or other intellectual property laws without the proper authorization and (2) that constitutes illegal threats, or is harassing, defamatory, obscene or otherwise unlawful.
- Violation of the Digital Millennium Copyright Act (DMCA): You and your Users may not use the Services to circumvent any technological measures used by copyright owners to protect their works or use the Services to produce or disseminate technology primarily designed or produced to circumvent DMCA protections, that have only limited commercially significant purpose or use other than to circumvent; or that are marketed for use in circumventing DMCA protections. For additional information concerning your rights and responsibilities in connection with reporting or responding to claims of copyright infringement, see Reporting Claims of Copyright Infringement, below.
- Interference/Unauthorized access: You and your Users may not use the services to engage in activity that may interfere with the ability of others to access or use the Services nor to monitor any data, information or communications on any system or network. You and your Users may not attempt to circumvent the security of or gain unauthorized access to any computer network.
- Spamming: You and your Users may not use the Services to transmit unsolicited commercial email messages or send excessively large attachments to a single recipient. In addition, You and your Users may not use the Service to impersonate another user in connection with the Services.
- Miscellaneous: You and your Users may not use the Services:
- for abusive purposes, including without limitation, intentionally transmitting files containing a computer virus, worms, time bombs, Trojan horse or other corrupted data;
- Use the Service to collect or attempt to collect, personal information about third parties without their knowledge or consent in violation of applicable state or federal law;
- To attempt to circumvent or alter the process or procedures to measure time, bandwidth utilization or other methods to document use of the Services; or
- Any other inappropriate activity or abuse of the Services as determined by the Company in its sole discretion.
- Content: You will be liable for any and all liability that may arise out of the content transmitted by You and your Users. You shall assure that your use of the Services and content comply at all times with all applicable laws.
- Company Rights: In the event of You or your Customer’s breach the AUP, the Company may immediately, with or without notice and without liability to You: (i) suspend the Services until You cure the breach or (ii) terminate the Services.
- Reporting Claims of Copyright Infringement/Digital Millennium Copyright Act (“DMCA”). The Company is a data center service provider and does not have the ability to directly control or edit the content that appears on any of our customers’ websites. However, the Company respects the intellectual property rights of others. Per the DMCA, We will respond expeditiously to claims of copyright infringement if submitted to the Company as described below. Upon receipt of a notice alleging copyright infringement, We will take whatever action We deem appropriate within our sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content. If you believe that your intellectual property rights have been violated by the Company or by a third party who has uploaded materials to our website, please provide the following information to the designated contact listed below:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, can contact you;
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
- Your electronic or physical signature.
The Company may request additional information before removing any allegedly infringing material. In the event the Company removes the allegedly infringing materials, the Company will immediately notify the person responsible for posting such materials that We removed or disabled access to the materials. The Company may also provide the responsible person with your email address so that the person may respond to your allegations.
Contact by Mail:
Legal – DMCA Notice
6901 E. 1st Street
Scottsdale, AZ 85251
Contact by Email: email@example.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
- Changes to the AUP: The Company may change this policy at any time. It is our policy to post any changes we make to the AUP on this page with a notice that the AUP has been updated. The date the AUP was last revised is identified at the top of the page. You are responsible for periodically visiting this page to check for any changes. Continued use of the Services after the posting of notice of changes shall be deemed acceptance of the AUP and all use shall be in accordance with this AUP as amended.