Acceptable Use Policy

This Acceptable Use Policy ("AUP") applies to everyone who uses the services of Velyrix, Inc. ("Velyrix", "we", "us"), including customers, their employees, contractors, end users and guests ("you"). It is part of the Master Services Agreement and the Website and Portal Terms of Use. Using the Services means you accept it.

1. General rules

1.1You may use the Services only for lawful purposes and in line with this AUP. You are responsible for all use of the Services under your account, including use by others who have access.

1.2We may investigate suspected violations. We may suspend or terminate the Services, remove content, disable access, block traffic, or report to the authorities, with or without notice, if we believe this AUP has been violated or the security or stability of the Services is at risk. We are not required to monitor your use but may do so to protect the Services.

2. Prohibited activities

2.1You must not use the Services to:

(a)violate any United States federal, California or other applicable U.S. state law, the law of the country of a Facility or any other law that applies to you, or any regulation, court order or the rights of others, including export control and sanctions laws, the Computer Fraud and Abuse Act (18 U.S.C. § 1030), privacy, intellectual property and consumer-protection laws;

(b)host, store, transmit or link to content that is unlawful, defamatory, abusive, or that exploits or endangers children (we report apparent child sexual abuse material to the National Center for Missing and Exploited Children as required by 18 U.S.C. § 2258A), or that promotes terrorism or violence;

(c)infringe copyright, trademarks, trade secrets or other rights, including operating a service that primarily enables infringement; we respond to notices that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512) and terminate the accounts of repeat infringers;

(d)engage in fraud, phishing, spoofing, identity theft or deception;

(e)send unsolicited bulk e-mail or messages in violation of the CAN-SPAM Act (15 U.S.C. § 7701 et seq.), the Telephone Consumer Protection Act (47 U.S.C. § 227) or California Business and Professions Code section 17529.5, operate open mail relays, or collect addresses without consent;

(f)scan, probe or test the vulnerability of any system or network that you do not own or have permission to test; attempt to gain unauthorised access to systems, accounts or data; or interfere with the Services or other customers;

(g)distribute malware, run botnets, command-and-control servers, or launch or support denial-of-service attacks;

(h)mine cryptocurrency on instances or machines unless your Order expressly allows it;

(i)operate open proxies, anonymising relays, exit nodes or similar services without our written approval;

(j)develop, train, run or support weapons systems, or surveillance, military or intelligence applications that violate law or our export-compliance requirements, or any other use that our suppliers and licensors prohibit;

(k)resell or share the Services in a way that is not allowed by your Order, or circumvent usage limits, metering or billing;

(l)store data that is subject to special regulation, as described in section 9.3 of the Master Services Agreement, without our written approval;

(m)breach the licence or use terms of NVIDIA or any other supplier of hardware or software, including by deploying hardware or software in a data center where its supplier does not license that use (for example, NVIDIA GeForce drivers, which NVIDIA does not license for data-center deployment other than blockchain processing; GeForce products may not be installed in our Facilities without our prior written approval), or by circumventing a technical measure that enforces those terms;

(n)evade or help others evade export controls or sanctions, including by giving access to restricted persons or places through remote desktops, VPNs, proxies, resale or sub-licensing;

(o)reverse-engineer, decompile or disassemble any software or firmware that we or our suppliers provide, except to the extent the law expressly allows despite this restriction.

2.2Network. You must not announce IP address space that you do not own or have permission to announce, forge routing information, or violate the requirements of our carriers, peering partners or regional internet registries. IP addresses we assign remain our property or our supplier's, and you must stop using them when the Services end.

2.3Facilities. You must follow the Data Center Rules, including those on access, safety, prohibited items and conduct. You must not tamper with equipment of other customers or with facility systems.

3. Security and cooperation

3.1You must keep your systems patched and secured, protect your credentials, and use multi-factor authentication where we offer it. If your systems are compromised or are used to attack others, you must act at once to stop it, and we may isolate them from the network until you do.

3.2You must respond promptly to abuse reports and to our requests for information. You must give us true contact information, including a 24-hour emergency contact for colocation and bare-metal customers.

4. Enforcement

4.1Depending on the nature and severity of a violation, we may issue a warning, require you to fix the issue within a stated period, suspend the affected Services, or terminate them. Where there is an immediate risk to people, systems or the law, we may act without warning. We may charge for work caused by violations, including investigation, cleaning up, and abuse-handling time at our then-current rates.

4.2Suspension or termination under this AUP does not relieve you from paying fees, and you will not receive service credits or refunds for it.

4.3Reports of abuse can be sent to support@velyrix.com. We may disclose information about you and your use to law-enforcement and other authorities, and to affected third parties, when we think it is needed to comply with law or to protect rights, property or safety.

4.4We may change this AUP as set out in the Master Services Agreement; changes needed to protect the Services take effect immediately.

4.5Copyright notices. Our designated agent to receive notices of claimed copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(2)) is: Copyright Agent, Velyrix, Inc., 1425 E Holt Ave Suite 201,Pomona CA 91767 USA; e-mail legal@velyrix.com; telephone +1 (888) 835-9749. Notices must contain the information required by 17 U.S.C. § 512(c)(3), and counter-notices the information required by 17 U.S.C. § 512(g)(3). We may forward a notice to the customer concerned, who must respond and, where appropriate, remove or disable the material within the time we set. Anyone who knowingly makes a material misrepresentation in a notice or counter-notice may be liable for damages under 17 U.S.C. § 512(f). We terminate, in appropriate circumstances, the accounts of customers and users who are repeat infringers.