MAYA GLOBAL SOLUTIONS, INC.
USE Policy
Effective May 1, 2020
This Maya Global Solutions, Inc. Use Policy (this “Policy”) provides a description of the prohibited Customer uses of the Maya Service (the “Service Offerings”) provided by Maya Global Solutions, Incorporated.
DEFINITION OF TERMS
CUSTOMER
A Customer is any entity with users connected to or utilizing our Service Offerings.
END USER
An End User is any user at a Customer utilizing our Service Offerings.
SYSTEM
A System is a network, computer, or communications system, software application, or network or computing device.
NO ILLEGAL, HARMFUL, OR OFFENSIVE CONTENT
Customer and End Users shall not use, or encourage, promote, facilitate, or instruct others to use, the Service Offerings for any illegal, harmful, or offensive use, or to transmit, store, display, distribute, or otherwise make available content that is illegal, harmful, or offensive.
Prohibited activities include, but are not limited to, the following:
- Any activities prohibited by any law, regulation, government order, or decree, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting, or facilitating child pornography;
- Activities that may be harmful to others, Maya Global Solutions Incorporated’s operations, or Maya Global Solutions Incorporated’s reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g. get-rich-quick schemes, Ponzi or pyramid schemes, phishing, or pharming) or engaging in other deceptive practices;
- Content that infringes or misappropriates the intellectual property or proprietary rights of others;
- Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable; and
- Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, or other malware.
NO SECURITY VIOLATIONS
Customer and End Users must comply with, and may not work around, any technical limitations in the Service Offerings that only allow Customer or End Users to use the Service Offerings in certain ways.
Customer and End Users may not download or otherwise remove copies of software or source code from the Service Offerings unless explicitly authorized.
Customer and End Users may not use the Service Offerings to violate the security or integrity of any System.
Prohibited activities include, but are not limited to, the following:
- Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System;
- Forging TCP-IP packet headers, email headers, or any part of a message describing such message’s origin or route. This prohibition does not include the use of aliases or anonymous remailers.
NO NETWORK ABUSE
Customer and End Users may not use the Service Offerings to make networks connections to any users, hosts, or networks unless Customer or such End User has permission to communicate with them.
Prohibited activities include, but are not limited to, the following:
- Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled;
- Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective;
- Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques;
- Operating network services like open proxies, open mail relays, or open recursive domain name servers; or
- Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
NO MESSAGE ABUSE
Customer and End Users shall not distribute, publish, send, or facilitate the sending of unsolicited mass emails, messages, promotions, advertising, solicitations, or other spam, including commercial advertising and informational announcements.
Customer and End Users shall not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission.
MONITORING AND ENFORCEMENT
Maya Global Solutions Incorporated reserves the right, in its sole discretion, to investigate any violation of this Policy or any misuse of the Service Offerings by Customer, End Users, or any third party.
Maya Global Solutions Incorporated may, in its sole discretion, remove, disable access to, or modify any content or resource that violates this Policy, the Customer Agreement, or any other agreement with Customer related to the Service Offerings.
In order to protect the network reputation of its service for all its Customers, Maya Global Solutions Incorporated blocks outbound connections to TCP port 25 (the SMTP port) from its Cloud Instances.
Maya Global Solutions Incorporated may report any activity that Maya Global Solutions Incorporated, in its sole discretion, believes to be in violation of any law or regulation to law enforcement officials, regulatory bodies, or other appropriate third parties. Maya Global Solutions Incorporated’s reporting for such purpose may include disclosing appropriate end user information. Such reporting may also include providing network and systems information related to violations of this Policy.
INDEMNIFICATION BY MAYA
Maya will indemnify, defend, and hold harmless Customer from and against all losses, damages, costs or expenses (including settlement costs and reasonable attorney’s Fees) arising out of a claim by a third party against Customer to the extent based on an allegation that Maya Products or Maya Services infringes or misappropriates any copyright, trade secret, issued patent or registered trademark of the third party, provided that Maya will have received from Customer: (i) prompt written notice of such claim (but in any event notice in sufficient time for Maya to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense and settlement (if applicable) of such claim; and (iii) all reasonable necessary cooperation of Customer at Maya’s expense. The foregoing indemnification obligation of Maya will not apply: (1) if the Maya Products or Maya Services are combined with other non-Maya products, services or processes not authorized by Maya, but solely to the extent the alleged infringement would not have arisen absent such combination; (2) to any modifications of the Maya Products, other than any made by Maya; (3) to any unauthorized use of the Maya Products; (4) to any action arising as a result of Customer content or (5) if Customer settles or makes any admissions with respect to a claim without Maya’s prior written consent. Any settlement requiring Customer to admit liability requires prior written consent, not to be unreasonably withheld or delayed, and Customer may join in the defense with its own counsel at its own expense.
REPORTING NOTICE
If Customer becomes aware of any violation of this Policy, Customer must promptly notify Maya Global Solutions Incorporated and provide Maya Global Solutions Incorporated with any requested assistance to mitigate, stop, or remedy such violation.
To report any violation of this Policy, or to otherwise contact Maya Global Solutions Incorporated with respect to acceptable uses of the Service Offerings, Customer may use the following contact information:
Abuse@MayaGlobalSolutions.com
Attn: Chief Information Security Officer
855 El Camino Real
Suite 13A-345
Palo Alto, CA 94301
Customer is responsible for responding to any request from any third-party regarding Customer’s or any End User’s use of the Service Offerings, such as a request to take down content under the U.S. Digital Millennium Copyright Act or other applicable laws. If Customer is not able to comply with such requests to the extent required by law, Customer shall promptly notify Maya Global Solutions Incorporated.
GENERAL
Examples described in this Policy are not exhaustive.
Maya Global Solutions Incorporated may modify this Policy at any time by giving notice to Customer or by making such modifications available on Maya Global Solutions Incorporated’s website or through the software provided as part of the Service Offerings.
Customer shall comply with, and shall cause End Users to comply with, this Policy.
As between this Policy and the Customer Agreement, if any provision herein conflicts with the Customer Agreement, the Customer Agreement shall control.
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