Synchronoss’ Capsyl Acceptable Use Policy
- Scope
This External Facing Acceptable Use Policy (“Policy”) applies to customers’ use of all Capsyl services offered by Synchronoss Technologies, inc. (“Synchronoss”), or its affiliates. - Effective Date of this Policy Update
1 September 2022 - Changes to Policy
Synchronoss may change this Policy by posting an updated version of the Policy here and such updates will be effective upon posting. - Violations
A violation of this Policy will be considered a material breach of the agreement governing Your use of the services. - Prohibited Material
You may not, and may not allow any third-party, to use services to display, store, process or transmit, or permit use of services to display, store, process or transmit:- Material that infringes or misappropriates a third party’s intellectual property or proprietary rights;
- Hate-related or violent material, and/or material advocating discrimination against individuals or groups;
- Obscene, excessively profane material or otherwise objectionable material;
- Material advocating or advancing criminal hacking, cracking, or phishing;
- Material related to illegal drugs or paraphernalia;
- Malicious material;
- Unlawful software;
- Malicious code, such as viruses, worms, time bombs, Trojan horses and other harmful or malicious files, scripts, agents or programs; or
- Material that violates, encourages or furthers conduct that would violate any applicable laws, including any criminal laws, or any third-party rights, including publicity or privacy rights.
- Prohibited Actions
You may not use a service to, nor allow any third-party to use a service to:- Generate or facilitate unsolicited commercial email (spam). Such prohibited activity includes, but is not limited to:
- Sending communications or email in violation of the CAN-SPAM Act or any other applicable anti- spam law or regulation;
- Imitating or impersonating Synchronoss, another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
- Data mining or harvesting any web property (including any External-Facing Service) to find email addresses or other user account information;
- Sending unauthorized mail via open, third-party servers;
- Sending email to users who have requested to be removed from a mailing list;
- Selling to, exchanging with, sharing with or distributing to a third party personal information, including the email addresses of any person without such person’s knowing and continued consent to such disclosure; or
- Sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no pre-existing relationship;
- Send, upload, distribute or disseminate, or offer to do the same, with respect to unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, excessively profane, hateful, violent, or otherwise objectionable material, or promote, support or facilitate unlawful, hateful, discriminatory, or violent causes;
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
- Conduct or forward multi-level marketing, such as pyramid schemes and the like;
- Generate or facilitate SMS, MMS, or other text messages or push notifications in violation of the Telephone Consumer Protection Act, the Do-Not-Call Implementation Act, or any other applicable law including anti- spam, telemarketing or telephone consumer protection laws or regulations;
- Generate or facilitate unsolicited commercial email (spam). Such prohibited activity includes, but is not limited to:
- Use the services in any manner that violates any applicable industry standards, third party policies or requirements that Synchronoss may communicate to its users, including all of the applicable guidelines published by the CTIA, the Mobile Marketing Association, the Self-Regulatory Principles as directed by the Digital Advertising Alliance and the Network Advertising Initiative or any other generally accepted industry associations, carrier guidelines or other industry standards;
- Transmit material that may be harmful to minors;
- Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
- Impersonate another person, entity or Synchronoss (via the use of an email address or otherwise) or otherwise misrepresent themselves or the source of any email;
- Violate the rights (such as rights of privacy or publicity) of others;
- Promote, facilitate or encourage illegal activity;
- Interfere with other users’ enjoyment of a service;
- Engage in activity in connection with illegal peer-to-peer filesharing;
- Engage in or promote gambling, or run a gambling operation;
- “Mine” bitcoins and other cryptocurrencies;
- Sell, distribute or export illegal or prescription drugs or other controlled substances or paraphernalia;
- Access (including through any interfaces provided with a service), any Synchronoss product or service, or other service or website, in a manner that violates the terms for use of or access to such service or website;
- Operate an “open proxy” or any other form of Internet proxy service that is capable of forwarding requests to any end user or third party-supplied Internet host;
- Perform significant load or security testing without first obtaining Synchronoss’ written consent;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the service or reformat or frame any portion of the web pages that are part of the service’s administration display;
- Access a third party web property for the purposes of web scraping, web crawling, web monitoring, or other similar activity through a web client that does not take commercially reasonable efforts to identify itself via a unique User Agent string describing the purpose of the web client and obey the robots exclusion standard (also known as the robots.txt standard), including the crawl-delay directive; or
- Use a service in any manner that would disparage Synchronoss.
- DMCA Policy
Synchronoss respects the intellectual property rights of others and expects users of its service to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, or similar obligations in other countries, Synchronoss will respond expeditiously to claims of copyright infringement, with regards the service, if such claims are reported to Synchronoss’s designated Copyright Agent identified below.
It is Synchronoss’ policy to respond expeditiously to valid notices of claimed copyright infringement compliant with the DMCA. Synchronoss may suspend your use of the service, and or take steps to remove the allegedly infringing material. In appropriate circumstances, Synchronoss will terminate the accounts of users who Synchronoss suspects to be repeatedly or blatantly infringing copyrights.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the service by completing the following DMCA Notice of Alleged Infringement and delivering it to Synchronoss’ designated Copyright Agent. Upon receipt of Notice as described below, Synchronoss will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content.
DMCA Notice
- Identify the copyrighted work that you claim has been infringed.
- Identify the material or where such material may be found, in the context of the service,
- Provide your details: company affiliation (if applicable), telephone number, email address, postal address.
- Please also include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law (fair use)”.
- “I hereby state that the information in this Notice is accurate and under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and signature.
Please deliver the completed Notice to Synchronoss’ designated Copyright Agent:
Synchronoss Technologies, Inc.
200 Crossing Blvd, New Jersey 08807, United States
copyright@capsyl.com
Attn: Chief Legal Officer