the 639Cloud

ACCEPTABLE USE POLICY

Last Updated: April 30, 2025

This Acceptable Use Policy (“AUP”) forms an integral part of the Master Services Agreement (“MSA”) between 639 DC Main LLC (“Provider”) and the customer entity that executed the applicable Order Form (“Customer”). Capitalized terms used herein but not defined shall have the meanings ascribed to them in the MSA.

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By using the Services, Customer agrees to comply with this AUP. Provider reserves the right to amend this AUP from time to time by posting an updated version on its website or providing written notice in accordance with Section 13.01 (Notice) of the MSA.

  1. Prohibited Activities. Customer shall not use the Services, and shall not permit others to use the Services, to engage in, promote, or facilitate any activity that:
    1. Violates any applicable law, regulation, or ordinance, including laws relating to intellectual property, privacy, data protection, consumer protection, telecommunications, and export control;
    2. Infringes, misappropriates, or otherwise violates the intellectual property or proprietary rights of any third party;
    3. Constitutes or facilitates:
      1. The distribution of malware, ransomware, viruses, Trojan horses, worms, time bombs, spyware, or other malicious software;
      2. Unauthorized access, use, or monitoring of any system, device, account, or data;
      3. Denial-of-service (DoS) attacks, port scanning, or penetration testing without Provider’s prior written consent;
    4. Is designed to exploit, harm, or collect personal data from minors;
    5. Involves or facilitates any fraudulent activity, including phishing, identity theft, payment fraud, or deceptive practices;
    6. Transmits, stores, displays, or distributes material that is unlawful, libelous, defamatory, obscene, harassing, abusive, hateful, or otherwise objectionable, including but not limited to:
      1. Child sexual abuse material (CSAM);
      2. Content that incites or promotes violence or terrorism;
      3. Pornographic or sexually explicit material;
      4. Content that discriminates against or threatens individuals or groups based on race, ethnicity, religion, nationality, gender, sexual orientation, disability, or other protected characteristics; or
    7. Violates any third-party acceptable use policy, terms of service, or network usage guidelines when such violation may impact Provider’s ability to deliver the Services.
  1. Email, Messaging, and SPAM. Customer shall not:
    1. Send unsolicited bulk email (SPAM) or engage in any other form of unsolicited marketing or advertising;
    2. Use open mail relays, compromised systems, or forged headers to transmit email; nor
    3. Use the Services to harvest, collect, or store email addresses or other personal information without proper consent.
  1. Security and Abuse.‍
    1. Customer shall implement and maintain security controls to prevent unauthorized access to or use of the Services, including strong password policies, access restrictions, and software updates.
    2. Customer shall not attempt to circumvent authentication or security measures of any system or network.
    3. Customer shall promptly notify Provider at abuse@639cloud.com of any actual or suspected security breach, Service misuse, or violation of this AUP.
  1. Enforcement and Remedies. ‍
    1. Provider reserves the right, in its sole discretion and without liability, to suspend or terminate access to the Services (in whole or in part) if Customer violates this AUP or engages in conduct that, in Provider’s reasonable judgment:
      1. May damage Provider’s reputation or networks;
      2. May expose Provider or its affiliates to legal liability; or
      3. May compromise the integrity, security, or availability of the Services.
    2. Provider may report any violation of this AUP to applicable law enforcement authorities and will cooperate with any investigation thereof.
    3. Nothing in this AUP limits Provider’s rights or remedies under the MSA or at law or in equity.
  1. Customer Responsibility. Customer is solely responsible for:
    1. All activity originating from its systems, accounts, and end users;
    2. Ensuring that all authorized users comply with this AUP; and
    3. The content and legality of all data transmitted or hosted via the Services.

6. Contact.

To report a violation of this AUP, please contact abuse@639cloud.com.

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