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This Acceptable 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.
Definitions
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 to Customers.
• 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.

Security
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.
Illegal Use
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.
Content
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.
Potential Materials
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 material.
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.







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