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Acceptable Use Policy

GENERALLY

This Dell Acceptable Use Policy (“AUP”) applies when it is incorporated by reference into a Dell company’s terms and conditions. When it is incorporated by a particular Dell company into other terms, the word “Dell” refers to that specific Dell company. The goal of the AUP is to foster responsible use of Dell’s infrastructure, networks, cloud-based offerings, systems, services, web sites, facilities and products (collectively, the "Dell Infrastructure and Services") by our customers and other users of the Dell Infrastructure and Services (collectively, "Users"), and to enable us to provide Users with secure and reliable services. By using the Dell Infrastructure and Services, Users consent to be bound by the terms of this AUP. Dell reserves the right to modify this AUP in its discretion at any time. Modifications will be effective when posted and Users are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on each User. Users’ use of the Dell Infrastructure and Services after we make modification constitutes acceptance of our modifications.

SUSPENSION; TERMINATION

If Dell determines that any User has violated any portion of this AUP, Dell may terminate or suspend its provision of the Dell Infrastructure and Services to that User. Dell will suspend service for violation of the AUP on the most limited basis as Dell determines is reasonably practical under the circumstances to address the underlying violation. Dell will attempt to notify User prior to suspending service for violation of the AUP (which may be via email or any other notification). However, Dell may suspend service without notice if Dell becomes aware of a violation of this AUP or any applicable law or regulation that exposes Dell to criminal or civil liability, or that exposes the Dell Infrastructure and Services (or any part of that) or any third party property to harm. Harm may include, but is not limited to, risk of having one or more IP addresses placed on blacklists. Dell may take any further action as Dell deems appropriate under the circumstances to eliminate or preclude repeat violations. Dell is not liable for any type of damages that Users or third parties may suffer resulting in whole or in part from Dell's exercise of its rights under this AUP. This exclusion of liability does not include Dell's liability for death or personal injury caused by its negligence, or any other liability that Dell cannot exclude or limit by law.

PROHIBITED CONDUCT

In General

Users may only use the Dell Infrastructure and Services for their intended purpose. Users must not use the Dell Infrastructure and Services for any unlawful purposes.

Inappropriate Content

Users must not use the Dell Infrastructure and Services to transmit, distribute or store content: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the Dell Infrastructure and Services or other Dell customers; or (c) that may expose Dell to criminal or civil liability.

Users must not use the Dell Infrastructure and Services to transmit, distribute or store material that is inappropriate, as reasonably determined by Dell, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, racially or ethnically offensive, harassing, humiliating to other people (publicly or otherwise), or otherwise objectionable. To be absolutely clear, Users must not store (either permanently or temporarily), process or transmit through any of Dell Infrastructure and Services pornographic content of any kind.

Intellectual Property Rights

Material accessible through or contained within the Dell Infrastructure and Services may be subject to protection under privacy, data protection or confidentiality laws and may contain intellectual property rights owned by Dell or third parties. The intellectual property may include, but is not limited to, copyright, patents, trademarks, trade names, trade secrets or other proprietary information. Users must not use the Dell Infrastructure and Services in any manner that would infringe, dilute, misappropriate, breach or otherwise violate any of these rights or laws. Users are responsible for ensuring that they have all necessary rights and licenses for all software, programs and any content that they place into the Dell Infrastructure and Services. Users must fully indemnity Dell with respect to any claims by third parties brought against Dell based on an allegation that User failed to comply with its obligations under this paragraph.

Malicious Content and Conduct

Users must not use the Dell Infrastructure and Services to transmit, distribute, or store material that may be harmful to or interfere with the Dell Infrastructure and Services or any third party's networks, systems, services, or web sites. Malicious content includes, but is not limited to, viruses, worms, and Trojan horses.

Users must not use the Dell Infrastructure and Services to conduct activities that may be harmful to or interfere with the Dell Infrastructure and Services or any third party's networks, systems, services, or Web sites, including, but not limited to, flooding, mail bombing, or denial of service attacks. Users are prohibited from violating or attempting to violate the security of the Dell Infrastructure and Services or the computers, accounts, or networks of another party. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information-gathering activity. Inappropriate activity may result in civil or criminal liability. Dell may investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity.

Fraudulent and Misleading Content

Users must not use the Dell Infrastructure and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising, or promotional, or other materials that contain false, deceptive, or misleading statements, claims, or representations, or which does not comply with any applicable advertising laws or standard business practice. Users must not use the Dell Infrastructure and Services to mask their true identity or to pretend to be someone or something that they are not.

Collecting Personal Information

Users must not use the Dell Infrastructure and Services to collect, process, or store, or attempt to collect, process or store, personal data relating to any third parties in violation of applicable law. If Users collect third party personal data, then Users must comply at all times with applicable data protection laws and regulations.

Email and Unsolicited Messages

Users must not use the Dell Infrastructure and Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email ("spam"), or emails intended to harass or annoy others. Further, Users must not use the service of another provider to send spam to promote a website hosted on or connected to the Dell Infrastructure and Services.

Responsibility for Content

Dell has no responsibility for any User-provided content or content that User may access on or through the Dell Infrastructure and Services. Dell is not obligated to monitor or exercise editorial control over that content. If Dell becomes aware that any content may violate this AUP, expose Dell to civil or criminal liability, or both, then Dell may block access to that content and suspend or terminate provision of the Dell Infrastructure and Services to any User creating, storing or disseminating such material. Dell may also cooperate with legal authorities and third parties in any investigation of alleged wrongdoing.

Responsibility for End Users

When agreed in User’s contract with Dell, Users may extend access to the Dell Infrastructure and Services to their end users. When this is done, it is the User’s responsibility to ensure that all of its end users comply with this AUP. If any User becomes aware that any end user has violated this AUP, then User will immediately terminate that end user’s access to the Dell Infrastructure and Services.

REPORTING VIOLATIONS

Dell requests that any person who becomes aware of a violation of this AUP reports this information to Dell by email to Dell_Legal_Notices@dell.com or such other notice address that may be stated in the Supplemental Terms for the applicable service. Dell may take any appropriate action as it reasonably deems appropriate in its sole discretion in respect of such violations.

Notification of Copyright Infringement Concerns

If any User believes that its copyrighted work has been copied and is accessible on the Dell Infrastructure and Services in a way that constitutes copyright infringement, please send a notice to Dell’s Designated Copyright Agent:
Dell Inc.
Attn: IP Legal Department - Copyrights
Hopkinton, MA 01748
Email: dmca@dell.com

Notices must include each of the following:
(1) The electronic or physical signature of the owner of the exclusive right that is allegedly infringed, or the electronic or physical signature of someone authorized to act on the owner’s behalf;
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(3) Identification of the material, claimed to be infringing or to be the subject of infringing activity, for which disabling of access or removal is sought, and information reasonably sufficient to permit us to locate the material;
(4) If the infringement claimed is by reason of intermediate and temporary storage, or caching, of material, include also a statement confirming that the infringing material has been removed from the originating site or access to it has been disabled or that a court has ordered that the material be so removed or that access to such material be disabled;
(5) If the infringement claimed is by reason of referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, then, instead of the identification under paragraphs (3) or (4), provide identification of the reference or link, to the claimed material or activity, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link;
(6) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(7) A statement that you has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
(8) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

rev. 09252017