This Acceptable Use Policy (the "AUP") applies to the use of the services of SUNGARD AVAILABILITY SERVICES LP and its affiliated companies ("Sungard AS") by its customers (the "Services"). This AUP supplements, but does not supersede, the agreements that customers or other users ("You") have with Sungard AS. The AUP also applies, and should be communicated, to customers’ customers and/or end users that utilize the Services through customers. In the event of any conflict between a customer’s agreement and the AUP, the AUP will govern. By using the Services, you agree to the latest version of this AUP. Please read it carefully.
Sungard AS has published this AUP to help ensure that the Services provided to our customers are of the highest quality, and to help protect the privacy and security of our customers, systems, and networks, while also encouraging responsible use, including compliance with applicable laws. This AUP also describes types of use of the Services that are prohibited. Sungard AS may in its sole discretion determine whether a use of the Services is a violation of this AUP. Sungard AS in no way intends to monitor, control, or censor communications or content that a customer may acquire, transmit, or store on or via Sungard AS’ network. However, when we have knowledge of a violation of this AUP, we reserve the right to take such action as is necessary to address the violation, as referenced below.
As used herein, "Content" shall mean all information made available, displayed, transmitted or retransmitted in connection with customer’s use of the Services (including, without limitation, information made available by means of a "hot link", a third party posting or similar means) including all trademarks, service marks and domain names contained therein as well as the contents of any bulletin boards, social sites or chat forums, and, all updates, upgrades, modifications and other versions of any of the foregoing.
The following are prohibited uses of the Services under this AUP. These descriptions are guidelines and are not intended to be comprehensive in nature.
Spam is an unacceptable use of the Services and is a violation of the AUP. Prohibited acts include, but are not limited to, any of the following activities:
A violation of this AUP by someone having only indirect access to the Services through a Customer or other user will be considered a violation by the Customer or other user, whether or not with the knowledge or consent of the Customer or other user. In addition, this AUP applies to any email or Content transmitted by a customer or on its behalf using a Sungard AS account as a mailbox for responses or promoting Content hosted or transmitted using the Services, or indicating in any way that Sungard AS was involved in the transmission of such email or Content.
Actual, suspected or alleged violations of this AUP may result in a demand for immediate removal of offending Content, immediate temporary or permanent filtering, blocked access, suspension or termination of the Services, or other action appropriate to the violation, as determined by Sungard AS in its sole discretion. When feasible, it is Sungard AS' preference to give notice so that violations may be addressed voluntarily; however, Sungard AS reserves the right to act without prior notice when necessary, in its sole discretion, to avoid an interruption in Service or a negative impact on network capacity or performance. Sungard AS may involve, and will cooperate with, law enforcement if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of this AUP.
Any complaints regarding violations of this AUP by a Sungard AS customer should be immediately directed to the Sungard AS AUP Service Desk by calling 1-800-441-1181 or 011+720-587-1055 or sending an email to email@example.com. Where possible, include details that would assist Sungard AS in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
Sungard AS may modify this AUP at any time, effective when posted to the Sungard AS website located at www.sungardas.com.