Acceptable Use Policy (AUP)

Use of any Synamedia Cloud Services web portal, APIs, platform, services, applications, projects or marketplace (collectively, “Services”) provided by Synamedia or its direct or indirect affiliates (“Synamedia”) is subject to this Acceptable Use Policy (“Policy”). If there is a conflict between this Policy and the applicable agreement between You and Synamedia (“Agreement”), the Agreement will prevail.

This Policy applies to anyone who uses the Services, including without limitation the legal entity or individual doing business with Synamedia, for clarity including resellers (“Customer”), and any third party permitted by the Customer to use or access the Services (“End Users”). Customers are required to inform End Users of this Policy. Customers and End Users are referred to in this Policy as “You”.

You agree not to use, or encourage, promote, facilitate or instruct others to use the Services to:

• Commit or encourage fraudulent or other illegal activities in violation of any applicable law, regulation, legal agreement or Synamedia’s published policies
• Infringe or misappropriate any copyright, trademark or other intellectual property, proprietary right, license right, or legal content protections
• Use, store, share, host, copy, distribute, display, publish, transmit or send content that is or may be deemed offensive, inflammatory, hateful, defamatory, discriminatory, obscene, abusive, invasive of privacy, or harmful to others.
• Access or probe any network, computer or communications system, software application, or network or computing device systems (“Systems”) without authorization, including but not limited to breaches, vulnerability scans or penetration testing
• Attack, abuse, interfere with, surreptitiously intercept, or disrupt any users, Systems or services, including but not limited to Denial of Service (DoS), unauthorized monitoring or crawling, distribution of malware (including but not limited to viruses, Trojan horses, worms, time bombs, spyware, adware, or cancelbots)
• Distribute unwanted, unsolicited or harassing mass e-mail or other messages, or promotions (“Spam”)
• Alter, forge or obscure mail headers or assume a sender’s identity without the sender’s express permission, nor collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider
• Disable, interfere with, abuse, disrupt, intercept, circumvent or otherwise violate the security of the Services

Synamedia has the right, but does not assume the obligation, to monitor and investigate violations of this Policy. Failure to comply with or breach of this Policy constitutes a material breach of the terms and conditions upon which You are permitted to use the Services, and at any time, may result in Synamedia taking any and all actions in its sole discretion, including with immediate effect based on our reasonable judgment, up to and including:

• warnings;
• suspending or terminating access to the Services;
• removing or prohibiting access to content that violates this Policy;
• legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against You; and/or
• disclosure of such information to law enforcement authorities as Synamedia reasonably feels is necessary or appropriate.

Synamedia excludes and disclaims all liability for actions taken in response to breaches of this Policy. The responses described in this Policy are not limited, and Synamedia may take any other action it reasonably deems appropriate.