Viya Acceptable Use Policy

Viya offers its Customers and Users the means to acquire and disseminate information through the Internet and by use of Viya’s mobile and fixed-line communications networks (the “Service”). Viya reserves the sole discretion to deny or restrict your Service, or immediately to suspend or terminate your Service, if the use of your Service by you or anyone using it, in our sole discretion, violates your service agreement or other Viya policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or the Viya network by Viya or other users, or violates the terms of this Acceptable Use Policy (“AUP”). Customers and Users will not resell or redistribute, or enable others to resell or redistribute, access to the Service in any manner, including, but not limited to, through the use of wireless technology. Viya reserves the right to take the preventative or corrective actions to protect its network, Customers, and Users, as well as other Service users and systems, which are outlined in this AUP. This AUP, including the below list of Prohibited Uses, outlines certain terms to which Viya Customers and other users must adhere. By using a Viya Service you agree to comply with this AUP and the provision of Service to you by Viya is conditioned on your compliance with this AUP. Viya reserves the right to change or modify the terms of the AUP at any time, and use of the Service after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.

Prohibited Uses

Viya prohibits its Customers and Users from any uses of the Service, and any activities involving the Service, that are illegal, infringe the rights of others, interfere with or diminish the use and enjoyment of the Service by others, or interfere or impede Viya’s ability to manage the Service. Viya may determine at its sole discretion whether a particular use or activity is permissible. Any activity or use of the Service which violates system or network security or integrity are prohibited and may result in criminal and civil liability. Such violations include, without limitation, the following:

Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without express authorization of the owner of the system or network.
Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner or network;
Interference with Internet service to any user, host, or network, including but not limited to: mail bombing, flooding, or denial of service attacks.
Forging the header of any transmitted information packet, email, or Usenet posting;
Modifying or tampering with any hardware, software, or configuration provided by Viya including but not limited to: routers, switches, computers, and cable modem configuration files.
Reselling or otherwise redistributing the Service.
Disrupting, degrading or otherwise adversely affecting Viya’s network or computer equipment owned by Viya or other Viya subscribers.
Excessive use of bandwidth that in Viya’s sole opinion, places an unusually large burden on the network or goes above normal usage. Viya has the right to impose limits on excessive bandwidth consumption via any means available to Viya.
Transmit unsolicited bulk or commercial messages commonly known as “spam” or, in the case of telephone calls, “robocalling.”
Assuming or assigning a Viya IP address that was not allocated to the user by Viya or its network – all Viya Internet users must use DHCP assigned by the Service to acquire an IP address.
Either of the following activities by a Customer or User using dedicated machines (also known as “machines” or “dedicated servers” or “autodialers”) or virtual dedicated servers (also known as “VDS”, “VPS”, “virtual machines”, and/or “virtual servers”): (i) running a tunnel or proxy to a server at another host, (ii) hosting, storing, proxy, or use of a network testing utility or denial of service (DoS/DDoS) tool in any capacity, (iii) generating bulk messages or telephone calls through the use of autodialers; or (iv) falsifying the information transmitted to a caller ID display for the purposes of disguising identity.
Distributing in any way information, software or other material obtained through the service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner.
IP address translation or similar facilities intended to provide additional access.
Transmission, distribution or storage of any material in violation of any applicable law or regulation. This includes, without limitation, any material that infringes or misappropriates the intellectual property of others, including copyrights, trademarks, service marks, trade secrets, or other intellectual property used without proper authorization, and material that is obscene, defamatory, abusive, harassing, threatening, or violates export control laws, including but not limited to images containing child pornography.
Subscribing email addresses to any mailing list without the consent of the email address owner, forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message, or impersonating any person or entity.
Posting commercial messages to a USENET group without first receiving approval from that USENET group.
Participating in the collection of very large numbers of email addresses, screen names, or other identifiers of others without their consent, or participating in the use of software to facilitate this activity, including spyware.
Advertising, transmitting, or otherwise making available any software, program, product, or service that violates this AUP, which includes, but is not limited to, the facilitation of the means to send spam, Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks.
Accessing illegally, or without authorization and consent, computers, accounts, or networks belonging to another party, attempting to breach the security of another user or system, or attempting to circumvent the user authentication or security of any host, network, or account. This includes any activity that might be used as a precursor to such conduct, including a port scan, stealth scan, or other information gathering activity.
Accessing, or attempting to access, through deception computers, accounts or networks belonging to another party. This includes the sending of emails or messages purporting to be from reputable entities in order to induce others to reveal personal information such as passwords and financial information (commonly referred to as “phishing”).
Engaging in any activity for an unlawful purpose, including advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Your Responsibilities

You are responsible for any and all use or misuse of your Service, including by a friend, family member, guest, or other user with access to your Service account. You must therefore take steps to ensure that others do not use your account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of your Service user ID and password (“Credentials”). You agree to notify Viya immediately of any unauthorized use of your Service or Credentials, or any other breach of security applicable to the Service. You may not use anyone else’s Service or Credentials at any time without their prior approval.

How Viya Enforces this AUP

Viya reserves the sole discretion to deny or restrict your access to the Service, or immediately to suspend or terminate your Service, if the use of your Service by you or anyone else, in our sole discretion, violates the terms of (a) this AUP (b) any agreements Viya has with any of its service providers (c) other agreements you have with Viya or (d) interferes with the functioning or use of the Internet or the Viya network by Viya or other users.

For example, Viya may suspend traffic to and from your IP address, email, or phone number in the event of (a) a denial of service attack, (b) detection of a botnet, (c) propagation of computer viruses or other programs, (d) propagation of unsolicited bulk messages, (e) malicious and premeditated congestion of Viya’s network, (f) falsification of the identity of packages and messages (including modification of the heading of TCP/IP packages, electronic mail messages and message), or (g) other similar attacks on Viya’s network or customers. Viya also reserves the right to monitor and refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, Viya deems to be in violation or otherwise inconsistent with this AUP. However, neither Viya nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings made through the Service.

Viya reserves the right to investigate violations of this AUP, including the gathering of information from the Customer or other Users involved and the complaining party, if any, and the examination of material on Viya’s servers and network. Viya prefers to advise Customers and Users of AUP violations and any necessary corrective action but, if Viya, in its sole discretion,

determines that a Customer or User has violated the AUP, Viya will take any responsive action that is deemed appropriate without prior notification. Viya is not liable for any such responsive action and these actions are not exclusive. Viya may take any other legal or technical action it deems appropriate. The failure by Viya or its affiliates to enforce any provision of this Policy at any given point in time shall not be construed as a waiver of any right to do so at any future time thereafter.

Copyright Infringement and the Digital Millennium Copyright Act

Effective Date

Viya reserves the right to amend this AUP effective upon posting to our website or delivery of a written notice to you.

Last updated April 18, 2024.

Viya Acceptable Use Policy