This customer acceptable use policy defines TriCore Solutions’ (“TriCore”) policy designed to protect TriCore, its customers and any other persons, parties or entities from any negative impact caused by inappropriate or illegal activities. Any person or entity (the “Customer”) who receives access to facilities or services by or through TriCore shall adhere to this Acceptable Use Policy and agrees to be bound by and subject to the terms and conditions set forth herein.
From time to time, TriCore may modify this policy by posting it on TriCore’s website located at the URL www.tricoresolutions.com. By using TriCore’s services or facilities after the posting of any such modifications, the Customer agrees to those modifications. If at any time the Customer chooses not to accept this policy, the Customer shall immediately discontinue use of such services or facilities.
Reports of any violations of this acceptable-use policy should be sent to firstname.lastname@example.org .
TriCore reserves the right to audit, test, and investigate the security of the Customer’s environments to ensure that security protections are maintained and that Customer’s environments do not bypass, or allow others to bypass TriCore security controls. If, in its sole discretion, TriCore believes that systems located within TriCore’s facilities are being used in an unlawful or improper manner (whether civil or criminal) or for unlawful or improper activities, TriCore will fully cooperate with civil and criminal-enforcement authorities conducting investigations of such use or activities. TriCore will also support the investigation of the prohibited activities listed below and any other activities that TriCore, in its sole discretion, believes impact the operations or security of TriCore, its customers or other systems accessible by the Customers or any of the Customer’s employees, agents, representatives, affiliates, customers, clients or users.
The Customer has access to and may perform management activities on its systems, data and/or content. The Customer is responsible for ensuring that these activities do not impose risks to, or negatively impact TriCore (including without limitation any of TriCore’s employees, representatives, agents or affiliates), its other customers or other environments or systems. The Customer is also responsible for adhering to all local, state, federal and international laws and regulations relating to all of Customer’s operations and the use and access of any computing systems hosted by TriCore or its suppliers.
The Customer will fully comply with all software licenses at all times while using any information technology resources provided by or through TriCore. The Customer is expected to read, understand and conform to the license requirements of any software product(s) it uses or installs.
The Customer is responsible for ensuring that it does not allow any of the Customer’s systems hosted by or on behalf of TriCore to be used for any of the following purposes:
1. gaining, or attempting to gain, unauthorized access to any system that does not belong to the Customer;
2. sending unsolicited e-mail or other messages or communication in any form (e.g., spam);
3. altering, defacing or otherwise causing any unauthorized or unapproved modification of any system belonging to TriCore, another TriCore customer or any other system on the Internet;
4. storing, transmitting or processing material in a manner that violates intellectual-property rights or laws or regulations, including, without limitation, those associated with trade secrets, copyrights, patents and trademarks;
5. violating the privacy rights of others, including, without limitation, the collection of information about individuals without their knowledge or consent, except as allowed by applicable laws and regulations;
6. transmitting or storing any material that is unlawful, obscene, harassing, libelous, abusive or hateful; that encourages unlawful acts; or that may be interpreted as violating the civil rights of others;
7. storing or transmitting material that violates local, state, federal or international laws or regulations;
8. engaging in, or permitting any activity that leads to a degradation or denial of service for TriCore, another TriCore customer or any other system or site on the Internet;
9. violating the rules or policies of any other hosting provider, message service, chat room, bulletin board, newsgroup or similar system, service or provider;
10. intentionally, recklessly or negligently omitting, forging, deleting or misrepresenting transmission information—including, without limitation, headers, return-address information and IP addresses—that is intended to cloak or hide the identity or source of information transmitted by the Customer’s systems, customers or users;
The Customer is prohibited from assisting any persons or entities in using any of Customer’s systems maintained by or through TriCore to engage in any of the activities listed above. If the Customer becomes aware of any such activity, the Customer must remedy the situation immediately. The Customer shall also notify TriCore by telephone within four hours and in writing within 24 hours of the detection of a violation by the Customer or its employees, representatives, agents or affiliates.
The Customer is responsible for ensuring that security controls are not circumvented by way of actions taken by it or individuals accessing the Customer’s systems.
The Customer shall not:
1. configure its systems to bypass security controls, including, without limitation, the installation of programs or services that allow the systems to be managed or accessed insecurely or through unauthorized means;
2. conduct online security audits or tests against or through TriCore systems or networks without coordination with and the explicit, written consent of an authorized officer of TriCore;
3. gain, or attempt to gain, unauthorized access to TriCore networking, security, management, backup, storage or monitoring systems;
4. install programs or configure systems to allow the monitoring or “sniffing” of data traveling over a shared network;
5. access, or attempt to access, security-relevant information, such as password files that may, among other things, be used to gain unauthorized access to system accounts;
6. install or use software for the purpose of cracking encrypted data, including, without limitation, stored passwords; or
7. remove or disable security software or services, including, without limitation anti-virus software, logging utilities or authentication services; or
8. violate the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email.
Additionally, the Customer
1. is also responsible for any misuse of accounts on its systems located at TriCore;
2. must implement measures and procedures to ensure that its accounts are not accessed or used in an unauthorized manner;
3. shall not transfer or allow the transfer of Remote-access accounts from one individual to another, nor share or allow such accounts to be shared between individuals;
4. shall ensure that each user has an individual remote-access account that uniquely and accurately identifies the owner of the account; and
5. assumes all responsibility for the consequences of the use of its accounts by an unauthorized individual.
Violations and Remedies
In order to protect its customers’ data security, to ensure that its customers have access to their systems and data and to prevent breaches by other customers from affecting such security and access, TriCore reserves the right to suspend or terminate at any time the Customer’s account if, in the sole discretion of TriCore, the Customer fails to adhere to this TriCore Solutions Customer Acceptable Use Policy or TriCore reasonably believes that the Customer’s use of any facilities or services has resulted or will negatively impact other customers’ security or use of or access to their respective systems or data (including without limitation, actions by customers that may result in denial of service attacks or other outages, privacy violations or intellectual property infringement) . TriCore will endeavor to provide Customer with advance notice prior to restricting Customer’s access to its environment and services, to the extent that the circumstances of the situation shall merit, but shall not be required to do so in all cases. TriCore has the right to seek legal remedies for any damages, costs or expenses that may be incurred as a result of a violation of any of these policies by the Customer or its employees, representatives, agents or affiliates.
Depending on the nature of the violation or alleged violation, TriCore may be notified of violations in a number of ways, including by an external organization, agency, entity or individual that is affected by the activities of a Customer or, when a violation is detected internally, by a source within TriCore.
TriCore retains the sole right to determine whether a violation of this policy has occurred. In general, TriCore will attempt to work with the Customer to address violations of this policy in accordance with the steps outlined below but is not required to do so. However, based on the severity of the violation or the number or nature of complaints received, TriCore, in its sole discretion, has the absolute right to immediately terminate all services and facilities access.
Upon notification of a violation, TriCore will attempt to contact the Customer and describe the violation. In general, the Customer contact will be called or emailed with the information. TriCore and the Customer will define a specific timeframe within which the Customer must rectify the violation. A letter may be sent to the Customer contact formally notifying it of the violation and setting forth the time frame for the Customer to remedy the violation. If, in TriCore’s sole discretion, the violation or complained-of violation is such that TriCore elects not, or is unable, to contact the Customer, TriCore may take whatever steps it deems appropriate under the circumstances.
TriCore reserves the right to immediately suspend any or all access to all facilities and services to the Customer without notice to, or approval from, Customer, if TriCore, in its sole and absolute discretion, deems such suspension necessary to protect its systems, facilities or interests or those of its employees, representatives, agents, affiliates, customers or other third parties, including, without limitation, in response to any perceived threat of a computer virus, exploit scripts or other malicious software or denial-of-service attack on TriCore’s or its other customers’ or suppliers’ systems or network; provided, however, that TriCore will use commercially reasonable efforts to notify Customer prior to such suspension.
Service Level Credits
No credit will be available under a TriCore service level guaranty or agreement for interruptions of access to facilities or services resulting from Customer’s violation of this Acceptable Use Policy.