MUSA Acceptable Use Policy (“AUP”)

MUSA has formulated this Acceptable Use Policy (“AUP”) in order to encourage the responsible use of the MUSA networks, systems, services, and websites (collectively, the “MUSA Environment and Services”) by MUSA clients and other users of the MUSA Environment and Services (collectively, “Users”), and to enable MUSA to provide Users with secure, reliable and productive services. Users consent to be bound by the terms of this AUP. MUSA reserves the right to modify this AUP in its sole discretion at any time. Such modifications will be effective when posted at www.muastechnology.com/aup. Any use of the MUSA Environment and Services after such modification shall constitute acceptance of such modification.

Suspension and Termination: Any User which MUSA reasonably determines to have violated any material provision of this AUP may be, in MUSA’s sole discretion, subject to a suspension or termination of service upon fifteen (15) days prior notice of such violation, if the violation has not been cured within said period to the reasonable satisfaction of MUSA and/or of any applicable governmental agency.
Notwithstanding the foregoing, MUSA may immediately suspend service without notice or opportunity to cure if:
a. MUSA becomes aware of a User’s violation of the AUP or any applicable law or regulation, or of any User activity which in MUSA’s reasonable belief
1. is illegal or which exposes MUSA to criminal or civil liability, or
2. exposes the MUSA or its Users to material harm (such harm may include, but is not limited to, risk of a network being used in a denial of service attack).
b. MUSA is so ordered by any court, tribunal or governmental agency of competent jurisdiction.

Users understand and acknowledge that governmental agencies may order MUSA to take other actions, including immediate termination of service, and that MUSA will comply with such orders. Unless otherwise prohibited under such order, MUSA shall give User reasonable notice of the actions so ordered.

For violations of this AUP that are deemed illegal by MUSA as above provided in a.1., or for situations described in a.2. and/or b. above, MUSA may immediately block the hosted servers’ direct access to the public Internet and block Client’s access to the hosted servers. Notwithstanding the foregoing, private connections to Users will not be blocked immediately.

Service shall not be available during a suspension or termination. Suspension or termination of service due to violations shall be subject to fees for closing out Client’s Services during suspension or termination on a per-hour basis subject to MUSA’s current Ad-hoc Rate Card. A current Ad-hoc Rate Card is attached as Appendix A. Invoices for Close-out Fees will be issued to Client as incurred. MUSA may take such further action as MUSA reasonably determines to be appropriate under the circumstances to eliminate or prevent repeat violations.
Subject to the aforementioned, MUSA will make every reasonable attempt to not interrupt line-of-business service to Users while addressing violations of this AUP. MUSA shall not be liable for any damages of any nature suffered by any User or any third party resulting in whole or in part from MUSA’s reasonable and lawful exercise of its rights under this AUP.

Prohibited Conduct In General: The MUSA Environment and Services must be used in a manner that is consistent with the intended purpose of the MUSA Environment and Services for the hosting of regulated applications, services, disaster recovery and/or data storage and may be used only for lawful purposes. Users shall not use the MUSA Environment and Services in order to transmit, distribute or store material: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the MUSA Environment and Services or other Users; or (c) that may expose MUSA to criminal or civil liability. Users are prohibited from facilitating the violation of any part of this AUP or another provider’s AUP, including, but not limited to, transmitting, distributing, or otherwise making available any product or service that violates this AUP or another provider’s AUP.

Inappropriate Content: Users shall not use the MUSA Environment and Services to transmit, distribute or store material that is inappropriate or material that is obscene (including pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent, all as determined by MUSA in its sole discretion.

Intellectual Property: Material accessible through the MUSA Environment and Services may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including, but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use the MUSA Environment and Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If Users use a domain name in connection with any of the MUSA Environment and Services, Users must not use that domain name in violation of the trademark, service mark, or other rights of any third party.

Harmful Content: Users shall not use the MUSA Environment and Services to transmit, distribute or store material that may be harmful to or interfere with the MUSA Environment and Services or any third party’s networks, systems, services, or websites. Users shall not take any action that constitutes an attempt to harm or interfere with the MUSA Environment and Services or an attempt to harm or interfere with any other clients using the MUSA Environment. Such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses.

Fraudulent/Misleading Content: Users shall not use the MUSA Environment and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

Email and Unsolicited Messages: Users shall not use the MUSA Environment and Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email, where such emails could reasonably be expected to provoke complaints (“spam”). Further, Users are prohibited from using the service of another provider to send spam to promote a site hosted on or connected to the MUSA Environment and Services. In addition, Users shall not use the MUSA Environment and Services in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, “mail-bombing”, (e) send or receive e-mail messages in a manner that violates the use policies of any internet service provider, or (f) use an e-mail box exclusively as a storage space for data.

Third Party Rules: Users may have access through the MUSA Environment and Services to DNS manager service, search engines, subscription Web services, Web pages, ISPs or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines, or agreements.

Inappropriate Actions: Users shall not use the MUSA Environment and Services to conduct activities that may be harmful to or interfere with the MUSA Environment and Services or any third party’s networks, systems, services, or websites, including, but not limited to, flooding, mail bombing, or denial of service attacks. Users are prohibited from violating or attempting to violate the security of the MUSA Environment and Services or the computers, accounts, or networks of another party. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Inappropriate activity may result in civil or criminal liability. MUSA reserves the right to investigate such activity and cooperate with law enforcement authorities in their prosecution of Users involved in such activity.

Approval of Applications: All applications to be hosted on the MUSA Environment must be pre-approved by MUSA before being loaded to the MUSA Environment. MUSA reserves the right to prevent any application from being loaded to the MUSA Environment that it deems, in its sole discretion, to be harmful or inappropriate. Notwithstanding this pre-approval right, MUSA takes no responsibility for any applications hosted on the MUSA Environment.

Responsibility for Content: MUSA takes no responsibility for any material created or accessible on or through the MUSA Environment and Services. MUSA is not obligated to monitor such material but reserves the right to do so. MUSA will not exercise any editorial control over such material. In the event that MUSA becomes aware that any such material may violate this AUP and/or expose MUSA to civil or criminal liability, MUSA reserves the right to block access to such material and suspend or terminate any User creating, storing or disseminating such material. MUSA further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that MUSA deems responsible for the wrongdoing.

Safe Harbor: MUSA complies with the US-EU Safe Harbor Framework and US-Swiss Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use and retention of personal information from European Union member countries and Switzerland. Accordingly, MUSA has certified that it adheres to the Safe Harbor Privacy Principles published by the US Department of Commerce with respect to all such data. For MUSA, MUSA acts only as a “data processor”, acting only on the instructions of its “data controller” clients and does not control or share such data without direction from the Client. The Client is the “data controller” for the purpose of the EU Data Directive and is responsible for maintaining compliance with applicable data protection laws. MUSA does not determine what types of data its clients store on MUSA and how that data is acquired, categorized, classified, accessed, exchanged or otherwise processed.

Linking to the MUSA Environment: Client is prohibited from linking a service to the MUSA Environment or publishing information containing linking information for a service to the MUSA Environment without obtaining prior written consent from MUSA to do so.
Responsibility for Maintaining 21 CFR Part 11 Compliance: If Client is subject to maintaining 21 CFR Part 11 compliance, it is the sole responsibility of Client to maintain its 21 CFR Part 11 compliance. MUSA is not responsible for maintaining Client’s compliance with 21 CFR Part 11.

Responsibility for Taking Action Regarding Security Risks and Threats: If MUSA becomes aware of a security risk or threat that may expose the MUSA Environment or its Users to material harm, MUSA will notify Client of the security risk or threat and will provide instructions to Client for taking corrective actions to mitigate or eliminate the security risk or threat. Client must take these corrective actions as instructed by MUSA within a reasonably prompt time from being notified by MUSA or be liable for damages to the MUSA Environment and its Users caused by Client’s failure to take these corrective actions within a reasonably prompt time. If Client becomes aware of a security risk or threat that may expose the MUSA Environment or its Users to material harm, Client must immediately notify MUSA of the security risk or threat so that MUSA and Client can determine how to successfully mitigate or eliminate the security risk or threat.

Incident Reporting: Any complaints (other than claims of copyright or trademark infringement) regarding violation of this AUP by a User should be directed to legal@musatechnology.com. Where possible, include details that would assist MUSA in investigating and resolving such complaints (e.g., expanded headers, IP address(es), a copy of the offending transmission and any log files).

Copyright Complaints: If a Party believes that his/her work has been copied and posted, stored or transmitted using the MUSA Environment in a way that constitutes copyright infringement, that Party should submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) in accordance with the process detailed at www.musatechnology.com and directed to the designated agent listed below:

MUSA’s Designated Copyright Agent for notice of claims of copyright infringement on this website can be reached as follows:
Email: legal@musatechnology.com
Mail: Copyright Agent
MUSA Technology Partners
330 Bear Hill Road, Suite 205
Waltham, MA 02451

The Parties acknowledge receipt of the foregoing Acceptable Use Policy as of the Effective Date of the MUSA Hosting Agreement and agree that the same is incorporated in and is part of the Agreement.