Acceptable Use Policy

Viya offers its customers and users the means to acquire and disseminate information through the Internet. Viya reserves the right to take the preventative or corrective actions to protect its network, customers, and users, as well as other Internet users and systems, which are outlined in this Acceptable Use Policy (“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 to access the Internet (“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 discretion whether a particular use or activity is permissible. The following are examples of conduct which violate this AUP and may lead to the termination of your Service.

  1. 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.
  2. The sending of any form of uninvited communications, data, or information, including but not limited to unsolicited bulk or commercial messages (e., “spam”), viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. Reselling the Service or otherwise making available to anyone outside your home the ability to use the Service, in whole or in part, directly or indirectly, or obtaining or attempting to obtain Services by any means or device with intent to avoid payment.
  8. Interfering with the use of the Viya network or the Internet generally by other customers, authorized users, or anyone else.
  9. 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 this AUP, other agreements you have with Viya, or other Viya policies, or otherwise is objectionable or unlawful, 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 in the event of a (a) denial of service attack, (b) botnet, (c) propagation of computer viruses or other programs, (d) malicious and premeditated congestion of Viya’s network, (e) falsification of the identity of packages and messages (including modification of the heading of TCP/IP packages, electronic mail messages and message), or (f) 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.

Copyright Infringement and the Digital Millennium Copyright Act

Viya is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides that owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may report alleged infringements to service providers like Viya.  In accordance with the DMCA and other laws, Viya reserves the right to terminate without notice the Service provided to any customer or user who is either found to infringe third-party copyright or other intellectual property rights, including repeat infringers, or who Viya, in its sole discretion, believes is infringing these rights.