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Hitachi Vantara LLC Acceptable Use Policy For IT Services

This Acceptable Use Policy ("Policy") describes the uses that are not acceptable in the use of any technology, infrastructure or networks licensed by Hitachi Vantara LLC and its affiliated companies (collectively, "Hitachi") in the supply of hosted services, cloud services or other services to You (collectively, the "IT Services") and therefore are prohibited. This Policy forms part of, and must be read in conjunction with, Your agreement with Hitachi for the supply or use of the IT Services ("Agreement"). Defined terms in this Policy are the same as in the Agreement, except where expressly stated otherwise.

Hitachi may modify this Policy at any time by posting a revised version on www.hitachivantara.com. If You place an order with Hitachi, start to use a new IT Service, or otherwise continue to use an existing IT Service once Hitachi has notified You of any Policy changes, You are deemed to have agreed to the latest version of this Policy.

If you or your End User violates this Policy, Hitachi may suspend or terminate the use of your IT Service, without limitation to any other remedy available to Hitachi with respect to such violation.

1. No Network, System or Service Abuse

You must not use Hitachi’s website(s) or any IT Services or any technology, infrastructure or networks used in the supply of these (collectively, "IT Services and Technology"), in order to engage in, allow, promote or otherwise encourage illegal, irresponsible or destructive behavior, including:

  • Unauthorised use of an Internet account or use of a computer without the owner’s authorization;
  • Unauthorised access to, or use of, data, systems and networks including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
  • Unauthorised access to, or use of, data, systems and networks to distribute, publish, send, or facilitate any such conduct with respect to any commercial advertising, promotional materials and informational announcements, including unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like "spam");
  • Collecting or using email addresses, mail headers, screen names or other identifiers without the explicit consent of the person identified (including, without limitation, phishing, internet scamming, password robbery, spidering, and harvesting) or use of a service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
  • Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
  • Interference with the supply of a service to any users of the IT Services or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks or "denial of service" (DoS) and any conduct that is likely to result in retaliation or network interference of this nature against Hitachi or the IT Services and Technology;
  • Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
  • Monitoring or crawling of a system that impairs or disrupts the system being monitored or crawled;
  • Operating network services like open proxies, open mail relays, or open recursive domain name servers;
  • Using manual or electronic means to avoid any use limitations placed on a system, such as access and storage restrictions; and
  • Use of the service for distribution of advertisement delivery software unless the user has consented to such use and the software is readily removable by the user.

2. Excessive Network Use

You must not use the IT Services and Technology in a way that unnecessarily interferes with their normal operation, or that consumes a disproportionate share of the resources used to provide them.

3. Illegal, Harmful or Offensive Behavior

You must not use the IT Services and Technology for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available Content, or links to Content, that are illegal, harmful, or offensive. Prohibited activities or content include:

  • Illegal Activities. Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography, promoting illegal drugs, violating export control laws or relating to illegal arms trafficking.
  • Harmful or Deceptive Activities. Activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.
  • Infringing Content. Content that infringes or misappropriates the copyright, trademark rights or other intellectual property or proprietary rights of Hitachi or others.
  • Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including Content that constitutes pornography, relates to bestiality or depicts non-consensual sex acts and other Content that may result in retaliation against Hitachi by offended viewers.
  • Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
  • Live Events. Live streaming of pornographic material is prohibited. Hitachi may prohibit you from streaming other live events where there is a special risk, in Hitachi’s reasonable discretion, that the event may violate other parts of this Policy.
  • Dangerous Use. Use of IT Services and Technology in any situation where failure or fault of such IT Services and Technology could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, You must not use, or permit any other person to use, the IT Services and Technology in connection with aircraft or other modes of human mass transportation, nuclear or chemical facilities or medical devices.

4. Monitoring and Enforcement

Hitachi may test and otherwise monitor Your compliance with this Policy. Hitachi reserves the right, but does not assume the obligation, to investigate any violation of this Policy or misuse of the IT Services and Technology. Hitachi may:

  • investigate violations of this Policy or misuse of the IT Services and Technology; or
  • remove, disable access to, or modify any content or resource that violates this Policy; and
  • terminate the Agreement, any order or any other agreement Hitachi has with You for use of the IT Services.

Hitachi may report any activity that Hitachi suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer information. Hitachi also may cooperate with appropriate 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 Policy.

You must co-operate and ensure Your End Users co-operate in any investigation and reporting activities that Hitachi undertakes.

If You become aware of any violation of this Policy independently of Hitachi, You will immediately notify Hitachi and provide Hitachi with assistance, as requested, to stop or remedy the violation.

You agree that Hitachi may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers' data that is stored on the same system.