HPC Acceptable use policy
High performance computing acceptable use policy
This HPC Acceptable Use Policy (“AUP”) governs the use of all products and services (collectively referred to as the “Services”) offered by HPC and/or its subsidiaries and provided to the Customer. All users of the Services including a Customer of HPC, a Customer’s end users, employees, agents and contractors (collectively, “Users”) must comply with this AUP. Unless otherwise defined herein, all capitalized terms used herein have the meanings ascribed to them in the Master Services Agreement.
HPC supports the free flow of information and ideas over the Internet and does not actively monitor use of internet services under normal circumstances. Similarly, HPC does not exercise editorial control over the content of any website, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites. However, HPC reserves the right to monitor any and all communications and activity through or with the Services to ensure adherence to the terms and conditions of this AUP. HPC may from time to time disclose any information concerning the User required by the Customer or that is necessary to satisfy any law, regulation or lawful request or as is necessary to operate the Services or to protect itself or others. HPC may cooperate with law enforcement or the appropriate legal authorities in investigations of claims of illegal activity involving the Services or any Users thereof and to respond to any violations of this AUP to the extent permitted under applicable law.
Customers, Users and Visitors are prohibited from engaging in the following conduct while using the Services:
- Illegal Use – transmit by email, uploading, downloading, posting, or otherwise (collectively, “Transmit”) any material that, intentionally or unintentionally would constitute a criminal offence or give rise to civil liability, or would otherwise violate any applicable local, provincial, federal or international law (including Canada’s anti-spam legislation), or any rules, regulations, orders, decisions or guidelines promulgated thereunder;
- Harm to Minors – harm, or attempt to harm, minors in any way; (including hosting child sexual abuse material or child pornography)
- Threats – Transmit any material that threatens or encourages bodily harm or destruction of property;
- Tortious or Actionable Activity – Transmit information that constitutes slander, libel or defamation, publicizes the personal information or likeness of a person without that person’s consent or otherwise violates the privacy or other legal rights of any person;
- Harassment – Transmit any material that harasses another;
- Fraudulent Activity – make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” and “chain letters”;
- Subversion of System, Facilities or Equipment – subvert, evade or assist others in subverting or evading, the security or integrity of any of HPC’s or a third party’s systems, facilities or equipment;
- Forgery or Impersonation – adding, removing or modifying network header, transmission information, metadata or identity information in an effort to deceive or mislead, or impersonate;
- Unsolicited Commercial Email/Unsolicited Bulk Email – Transmit or cause to be transmitted any unsolicited commercial email or unsolicited bulk email, or any other activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, as well as using the Services to Transmit non-authorized email relayed through any third party system;
- Unauthorized Access – access or attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of HPC’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data;
- Export of Information – export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside Canada without first complying with all export control laws and regulations which may be imposed by the Canadian Government or any country or organization of nations having or purporting to have jurisdiction over Customer’ operations or business;
- Copyright or Trademark Infringement – Transmit any material or otherwise reproduce, distribute or provide access to information, software and other material that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software or other media;
- Collection of Personal Data – collect or attempt to collect, personal information about third parties without their knowledge or consent;
- Disruptions and Unfriendly Activity – any activity that is directly or indirectly caused by the Customer or has occurred as a result of a lack of appropriate protections put in place by the Customer which adversely affects the ability of other people or systems to use HPC’s Services or has or will subject HPC to potential liability, including any “distributed denial of service” (DDoS) attacks against another network host or individual user, interference with or disruption of other users, Services or Equipment;
- Account Sharing – engage in account sharing, including, without limitation, permitting third parties to use Customer’s Service account and password; and
- Harmful Messages –Transmit any information or software which contains a virus, “cancelbot”, ransomware, phishing content, “Trojan horse”, “worm” or other harmful or disruptive component.
INTERNET BASED HOSTING
Customers that contract with HPC’s hosting services are responsible for the content provided via their service. Customers are responsible for obtaining all required legal permissions for the use of such content. Customers are responsible for the publication of any defamatory, pornographic, confidential, secret or proprietary material posted on their web-site. HPC reserves the right to refuse and disable service, in whole or in part, that violates this AUP from any HPC server without notice. Customers are expected to check any content and configurations on their service for security risks. Customers are responsible for any loss of information or down time as a result of not checking for these types of security risks.
CONSEQUENCES OF VIOLATIONS
HPC considers the above-listed uses of the Services under “Prohibited Conduct” to constitute a violation of this AUP and a breach of the Master Services Agreement or other. At its sole discretion, HPC may take any one or more of the following actions or remedies in response to a violation to this AUP:
- Issue warnings: written or verbal;
- Cancel a request for Services;
- Suspend or terminate a Service(s) and/or the Master Services Agreement;
- Temporarily block Service(s) to Customer premises;
- Remove any materials on any website, electronic mail transmission, news group, or other material created or accessible over or through the Services;
- Cooperate with law enforcement or the appropriate legal authorities in investigations of claims of illegal activity involving the Services or any Users thereof;
- Invoice Customer for administrative costs and/or reactivation charges;
- Bring legal action to enjoin violations and/or to collect damages caused by violations; and/or
- Enforce any rights and take any other remedies available to it under the Master Services Agreement, at law or in equity.
HPC encourages Users to report violations of this AUP to HPC at the following email address: abuse@hut8HPC.com