Use Policy ("AUP") as amended from time to time
applies as follows: ClearDelta Customers (to the extent they
use Network Monitoring Services agree to comply with this
AUP and Resellers agree to be responsible to ClearDelta, Inc.
for assuring that each Reseller Account and their Users will
be similarly bound as if the Reseller Accounts were Customers
of ClearDelta under this AUP. Customer acknowledges and agrees
that it is responsible for continual compliance with this
policy, in order to ensure the integrity, security and reliability
of the Network Monitoring Services and its networks, systems,
facilities and data. A breach of the AUP by Reseller Account
will be deemed to be a breach by the Reseller.
In this AUP the following terms will be used and have the
subsequent definitions assigned to them:
• ClearDelta Network: the network infrastructure, hardware,
and software used to provide the Network Monitoring Services.
• Network Monitoring Services: the capability acquired
from ClearDelta to send and receive device information through
the Internet, via SNMP and HTTP protocols.
• ClearDelta: the company providing Network Monitoring
Services pursuant to this Agreement.
• Customer(s): purchaser(s) of Network Monitoring Services
directly from ClearDelta, including Resellers.
• Reseller(s): purchaser(s) of Network Monitoring Services
from ClearDelta for the purpose of reselling the services
to their respective customers. Provisions pertaining specifically
to Resellers override conflicting provisions applicable generally
• Reseller Account(s): purchaser(s) of Network Monitoring
Services from Resellers.
• User(s): user(s) of Network Monitoring Services, whether
purchased directly from ClearDelta or from a Reseller.
Abuses of Network Monitoring
No Customer may use the Network Monitoring Services of ClearDelta
to violate federal and state laws. If such abuses are suspected,
ClearDelta reserves the right to interrupt, temporarily suspend
and/or terminate the Customer’s Network Monitoring Services.
Specifically, Customer shall not:
1. Create any customized programs that will automate or simulate
user input into the ClearDelta network without the express
written authorization of ClearDelta;
2. Represent ClearDelta before potential customers without
the express written consent of ClearDelta.
Customer is prohibited from violating, or attempting to violate,
the security of ClearDelta Network. Any violations may result
in criminal and civil liabilities to the Customer. ClearDelta
will investigate any alleged violations and will cooperate
with law enforcement agencies if a criminal violation is suspected.
Examples of violations of the security of the ClearDelta Network
include, but are not limited to: (i) accessing data not intended
for Customer, (ii) logging into a server or account which
the Customer is not authorized to access, (iii) attempting
to probe, scan or test the vulnerability of a system, (iv)
breach of security or authentication measures, (v) attempting
to interfere with service to any User, host or network, or
(vi) taking any action in order to obtain services to which
the Customer is not entitled.
The Network Monitoring Services may only be used for lawful
purposes. For example, Customer may not use the ClearDelta
Network to create, transmit, distribute, or store content
that: (i) violates a trademark, copyright, trade secret or
other intellectual property rights of others, (ii) violates
export control laws or regulations, (iii) violates the privacy,
publicity or other personal rights of others, (iv) impairs
the privacy of communications, (v) contains obscene, offensive,
unlawful, defamatory, harassing, abusive, fraudulent, or otherwise
objectionable content as reasonably determined by ClearDelta,
(vi) encourages conduct that would constitute a criminal offense
or give rise to civil liability, (vii) constitutes deceptive
online marketing, (viii) violates reasonable regulations of
ClearDelta, (ix) causes technical disturbances to the ClearDelta
Network, its affiliated networks, or the network used by Customer
to access the Network Monitoring Services, or violate the
policies of such networks, including, but not limited to,
intentional introduction of any viruses, Trojan horses, worms,
time bombs, cancel bots or other computer programming routines
that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system or data,
or (x) assists, encourages or permits any persons in engaging
in any of the activities described in this section. If Customer
becomes aware of any such activities, Customer is obligated
to immediately notify ClearDelta and take all other appropriate
actions to cause such activities to cease.
Customer is responsible for all content that is transmitted,
received and stored by ClearDelta through Customer's use of
the Network Monitoring Services. ClearDelta takes no responsibility
for content passing through or stored on the ClearDelta Network,
including but not limited to, viruses or other disabling features,
or content provided on third party websites that are linked
to by content passing through or stored on the ClearDelta
Network. ClearDelta does not adopt, nor warrant the accuracy
of, the content of any linked Web site and undertakes no responsibility
to update the content. Use of any information obtained via
the ClearDelta Network is at Customer's own risk.
Consequences of Unacceptable Use
ClearDelta reserves the right to suspend or terminate Customer's
access to the Network Monitoring Services upon notice of a
violation of this policy as well as, in the case of a Reseller,
such right of the Reseller and the Reseller Accounts of such
Reseller upon violation of this policy by the Reseller or
its Reseller Accounts. Indirect or attempted violations of
this policy, and actual or attempted violations by a third
party on behalf of Customer, shall be considered violations
of this policy by Customer.
Customer agrees that it shall not violate any copyright or
trademark right of ClearDelta or other intellectual property
right of ClearDelta with respect to any material provided
to Customer by ClearDelta, including any promotional or marketing
Administration of Policy
Customer understands that the administration of this policy
requires the exercise of discretion and judgment by ClearDelta.
ClearDelta agrees to exercise good faith in its administration
of this policy and in making determinations under the policy.
However, Customer agrees that any and all determinations by
ClearDelta in connection with the administration and enforcement
of this policy shall be final and binding.