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Acceptable Use Policy

Last updated: July 24, 2023

This Acceptable Use Policy ("AUP") describes the rules and restrictions that apply to use of DCX USA LLC's services, network, facilities, and infrastructure ("Services"). This AUP is incorporated by reference into all Customer agreements, including the Master Services Agreement (MSA). All Customers and their end users are required to comply with this policy.

DCX reserves the right to modify this AUP at any time. Continued use of the Services after any modification constitutes acceptance of the updated terms. The most current version of this policy can be found at www.dcx.us/acceptable-use-policy.

1. Prohibited Uses

Customers may not use DCX Services for any activity that:

2. Network Integrity and Security

Customers are responsible for securing all systems, equipment, and services operated within the DCX environment. This includes:

3. Resource Usage

Customers must use DCX Services within the parameters defined in their Service Order or MSA. Excessive or abusive resource consumption that degrades performance for other customers, or that exceeds contracted limits, is prohibited. DCX may take reasonable steps to protect the integrity and performance of its shared infrastructure, including rate-limiting, throttling, or temporarily suspending a customer's services in cases of abuse or overuse.

4. Content Standards

Customers are responsible for all content stored, transmitted, or processed using DCX Services. Prohibited content includes, but is not limited to:

DCX will cooperate with law enforcement agencies and will disclose information as required by applicable law or court order.

5. Third-Party Rights

Customers may not use DCX Services in any way that violates the rights of third parties, including rights of publicity, privacy, intellectual property, or contractual rights. Customers agree to indemnify and hold DCX harmless from any third-party claims arising out of their violation of third-party rights.

6. DMCA and Copyright Infringement

DCX respects intellectual property rights and expects Customers to do the same. DCX complies with the Digital Millennium Copyright Act (DMCA) and will respond to valid notices of copyright infringement.

Reporting Copyright Infringement

If you believe that content hosted on DCX infrastructure infringes your copyright, please submit a written notice to our designated DMCA agent containing the following information:

  1. A physical or electronic signature of the copyright owner or authorized representative
  2. Identification of the copyrighted work you claim has been infringed
  3. Identification of the material that is claimed to be infringing, including sufficient information to allow DCX to locate it (URL, IP address, etc.)
  4. Your contact information, including name, address, telephone number, and email address
  5. A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
  6. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf

DMCA notices should be submitted to legal@dcx.us or by mail to:

DCX USA LLC — DMCA Agent

6901 East 1st Street, STE 100

Scottsdale, AZ 85251

Counter-Notification

If you believe your content was removed in error, you may submit a counter-notification to the address above. DCX will forward valid counter-notifications to the original complaining party. If the complaining party does not file an action within the statutory period, DCX may, in its discretion, restore the removed content.

7. Enforcement and Consequences

DCX reserves the right to investigate suspected violations of this AUP and to take appropriate action, including:

DCX will attempt to provide notice before taking action, except where immediate action is required to protect the integrity of DCX's network, protect other customers, or comply with legal obligations.


Contact

Questions about this Acceptable Use Policy may be directed to:

DCX USA LLC

6901 East 1st Street, STE 100

Scottsdale, AZ 85251

legal@dcx.us