CORE

OpenText™ Core Cloud Services

 

OpenText Acceptable Use Policy

 

This Acceptable Use Policy ("AUP") governs your use of the OpenText (“OT”) Cloud Services and applies to all users of OT’s Cloud Services (the “Services”). Use of the Services constitutes acceptance and agreement to OT’s AUP.  Your violation of this AUP may result in the suspension or immediate termination of either your OT account or other actions WITHOUT PRIOR NOTICE. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. If you have any questions regarding this policy, please contact us at cloud@opentext.com.

 

OT does not exercise editorial control over the content of any material created or accessible over or through the Services. However, we may remove any materials that may be illegal, may subject us to liability, or which may violate this AUP. OT may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.

 

For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

 

I.               RULES OF CONDUCT

 

If you use the OT Services to harm the Services or cause harm to others or if you encourage or assist any third party, to do any of the following, you will be in violation of this AUP:

 

A.     engage in activity that harms or disrupts the operation or performance of the Services,

 

B.     misrepresent your identity, impersonate any person or attempt to gain access to or illegally track any      Account, user, Device, system or network related to the Services,

 

C.     use or manipulate the Services in any manner not permitted by us,

 

D.    use the Services in a manner that results in excessive bandwidth usage, as determined by us,

 

E.     use the Services for any illegal purpose, or to publish, post, share, copy, store, backup or distribute any illegal files or data,

 

F.     use the Services to publish, post, share, copy, store, backup or distribute material protected by intellectual property rights of a third party unless you own or have necessary rights to such material,

 

G.    use the Services to publish, post, share, copy, store, backup or distribute material that contains viruses, Trojan horses, worms, corrupted files or any other similar software that may damage the operation of the Services or another person's Device or property,

 

H.    engage in online activities that would encourage other parties to cause damage to  the Services,

 

I.      directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services,

 

J.      alter or modify any disabling mechanism which may be included in Services,

 

K.      assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Services,

 

L.     remove or alter any proprietary notices (e.g., copyright, trademark notices, legends, etc.) from the Services.

 

 

II.              Security and Back Up

 

Your password provides access to your account. You are responsible for keeping your password secure, and you may not share your password and account access – including account name(s), passwords, Personal Identification Numbers (PIN), Security Tokens (i.e. Smartcard), or similar information or devices used for identification and authorization purposes – with unauthorized users. You are solely responsible for use of your account and password, and you may not obtain another user's account password. You must adopt adequate security measures to prevent or minimize unauthorized use of your account, including choosing a password that is not easy to guess. OT recommends a complex password that includes at least eight characters that combine letters, numbers, and symbols, and which is changed regularly (i.e. once per quarter).

 

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network. This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, denial of service attacks and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. OT will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

 

In addition to the backup efforts utilized by OT further detailed in the Agreement, OT recommends you perform regular backups of your data, and regularly do a data "dump" (archive), of all your files stored on OT servers on a regular basis. Any sensitive or important files should be backed up on your local computer system prior to uploading them to the Services.

 

 

III.            Network Performance

 

OT accounts operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. You are prohibited from misusing network resources in a manner that impairs network performance. While OT uses industry standard efforts with regard to server uptime, the Services are based upon extremely complex file sharing systems and will always remain fallible no matter what precautions are taken. Furthermore, service interruptions can be caused by telecom-owned router outages, which are between your computer system and OT servers over which OT has absolutely no control.

 

 

IV.            REPORTING VIOLATIONS OF OT AUP

 

OT requests that anyone who believes that there is a violation of this AUP direct the information to itsecuritycompliance@opentext.com.

 

 

V.             Consequences of Violations of this AUP

 

OT may take any one or more of the following actions in response to complaints:

 

·       written or verbal warnings;

·       suspend certain access privileges;

·       suspend your account;

·       terminate your account;

·       bill you for any administrative costs and/or reactivation charges;

·       bring legal action to enjoin violations and/or to collect damages, if any, caused by violations of this AUP.

 

 

 

VI. NOTIFICATION OF INFRINGEMENT OF COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS.

 

OT will respond to notices of alleged copyright infringement in accordance with the OpenText Copyright Policy found at http://www.opentext.com

 

 

VII.          GENERAL TERMS

 

THE TERMS OF YOUR AUTHORIZED USE OF THE SERVICES, AND CERTAIN LIMITATIONS OF LIABILITY, EXCLUSION OF WARRANTIES, AND INDEMNIFICATION, ARE DETAILED IN A SEPARATE AGREEMENT [“AGREEMENT”) BETWEEN OT AND YOU OR YOUR COMPANY. IN THE CASE OF ANY CONFLICT BETWEEN THIS AUP AND THE AGREEMENT, THE TERMS OF THE AGREEMENT SHALL CONTROL.

You acknowledge that you have read this AUP and understand it, and agree to be bound by all its terms and conditions. This document, along with the Agreement, constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. This AUP shall not be modified except by a written agreement signed by a duly authorized representative of OT, provided that no purchase order or similar document issued by you shall modify this AUP even if signed by OT. If any provision of this AUP is found invalid or unenforceable, the remainder of this AUP shall remain valid and enforceable according to its terms. The parties intend that the provisions of this AUP be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this AUP as is possible. This AUP will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this AUP without OT's prior written consent.

 

OT MAY REVISE THIS POLICY AT ANY TIME, INCLUDING BY POSTING A NEW VERSION AT THIS WEBSITE.

 

 

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