Metallic, A Commvault Venture, provides data protection, management and archiving services. This Acceptable Use Policy (“AUP”) describes the proper use of the Metallic services contracted for by You (“You” or “Your”) under the Metallic Terms and Conditions (“Agreement” and the services purchased thereunder “Services”) with Commvault Systems, Inc. (“Our”, “We”, or “Us”), which references Our AUP. We may suspend or terminate Your use of the Services, or the Agreement, if You or any of Your users violate this AUP. You are solely responsible for the data, content, messages, or other information which You archive, transmit, distribute, display, upload or download via the Services.
You represent and warrant that:
- You shall use the Services in only for lawful purposes, and will comply with all applicable laws; and
- You shall use the Services only its internal business needs and for no other commercial or third party uses;
Prohibited Actions Related to Use of Services
You are prohibited from using the Services to transmit or store any data, content, messages or other information, in a manner which:
- constitutes or encourage a criminal offense, violates the rights of any person or entity, violates any local, state, national, or international law, or any rules or regulations promulgated thereunder;
- is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, harmful or offensive to third parties;
- impersonates any person or entity or otherwise misrepresent your affiliation with a person or entity;
- infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or entity;
- is fraudulent or advertises or disseminates fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes);
- is harmful including, without limitation, viruses, Trojan horses, worms, time bombs or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; or
- distributes software that covertly gathers information about a user, or covertly transmits information about a user.
If You or Your users use the Services to communicate and share or receive personally identifiable information are required to comply with all applicable privacy or data protection laws or regulations. You are responsible for ensuring that:
- the messaging service provider You use provides administrative, technological and physical controls required to comply with applicable laws;
- You comply with applicable laws, industry best practices, and its own corporate policies when transmitting sensitive information (including ensuring that sensitive documents or sensitive information is encrypted or locked);
- You obtain all necessary consents from the individuals it collects personally identifiable information from, and that You accurately communicate how it collects, stores, processes and uses personally identifiable information and when You may share that personally identifiable information with third parties and for what purposes;
Interference with Services Prohibited
You may not engage in any conduct that has a negative effect on Us or Our systems or networks, including, without limitation, overloading servers on the Our network, generating unresolved third-party complaints or complaints which, in Our discretion, impose an unreasonable administrative burden on Us.
You may not access any portion of the Services for which You are not authorized, or attempt to interfere with the Services in any manner. Specifically, You may not, without limitation, engage in, or attempt to engage in, any of the following:
- unauthorized access to, or use of the Services, data, or the networks or systems, including any attempt to probe, scan or overload Our system or the Services, or to breach security or authentication measures without express authorization;
- unauthorized monitoring of data or traffic on any system without express authorization;
- deliberate attempts to overload a system and broadcast attacks;
- any action that imposes an unreasonable or disproportionately large load on Our infrastructure;
- any program/script/command, or sent messages of any kind, designed to interfere with a user’s terminal session, via any means, locally or by the Internet;
- using manual or electronic means to avoid any use limitations placed on the Services, such as timing out; or
- any attempt to decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code (including the methods, processes, and infrastructure) underlying the Services or any other software in connection with the Services.
We reserve the right to revise and update this AUP from time to time. Current Version of AUP: Version 1, Effective May 2020