This Acceptable Use Policy (the "AUP") governs a Meter enterprise customer's (each a "Customer") use of Meter's Connect Services and any other internet access services that Meter provides under the Master Services Agreement or other agreement (the "MSA"). Capitalized terms not defined here have the meanings given in the MSA.
Customer is responsible for its own compliance with this AUP and for any use or misuse of the Connect Services by any User or other person accessing the Connect Services through Customer's account or premises, including any employee, contractor, guest, or other third party. Violation of this AUP may result in suspension or termination of Customer's Connect Services in accordance with the MSA.
Meter may update this AUP from time to time by posting a new version on its website. Updates take effect upon posting.
1. Prohibited Uses
Customer will not use, and will not permit any User or other person to use, the Connect Services to engage in any of the following activities. The categories below are illustrative, not exhaustive.
1.1Unlawful Activity. Engaging in any activity that violates applicable law, including any law relating to intellectual property, privacy, export controls, sanctions, fraud, or obscenity. This includes uploading, posting, transmitting, or distributing content that infringes the intellectual property rights of any person; collecting or attempting to collect personal information about any person without their consent; or participating in any unlawful scheme, including pyramid schemes, Ponzi schemes, and chain-letter schemes.
1.2Network Harm and Interference. Impairing, disrupting, or interfering with the Connect Services, Meter's network or facilities, the network or facilities of any underlying ISP, or the ability of any other person to use the Connect Services or the internet. Prohibited activities include denial-of-service attacks; network flooding; transmission of viruses, worms, ransomware, or other malicious code; unauthorized port scanning; and any activity that results in excessive consumption of network resources or causes performance degradation to Meter's or any underlying ISP's systems.
1.3Security Violations. Attempting to access any system, network, account, or data without authorization; circumventing any user authentication or security mechanism; probing, scanning, or testing the vulnerability of any system or network without express permission; or using, distributing, or possessing tools designed to compromise security, including password crackers, keystroke loggers, packet sniffers, decoders, decryption tools, and Trojan horse programs. Customer may not log into any account that Customer is not authorized to access or access data not intended for Customer.
1.4Spam and Unsolicited Communications. Sending unsolicited bulk or commercial messages (commonly known as "spam"); participating in mass mailings; sending voluminous copies of the same or substantially similar messages, empty messages, or messages with no substantive content; collecting or harvesting email addresses, screen names, or other identifiers without consent (sometimes known as "spidering" or "harvesting"); using software such as "spyware" designed to facilitate any of the foregoing; or using any third-party service or relay to engage in any of the foregoing in a way that identifies Meter's network as the source.
1.5Identity Misrepresentation. Falsifying, altering, or removing message headers; falsifying references to Meter or any underlying ISP by name or other identifier; impersonating any person or entity; engaging in sender address falsification ("spoofing"); forging digital or manual signatures; or engaging in phishing or other fraudulent activity.
1.6Harm to Others. Stalking, harassing, threatening, or violating the rights of any person; transmitting content that is defamatory, obscene, or otherwise unlawful; or transmitting content that a reasonable person would deem to be unlawful or that infringes the rights of any person or entity.
1.7Avoidance of Charges. Avoiding or attempting to avoid incurring charges for the Connect Services or otherwise failing to pay for usage of the Connect Services as required under the MSA.
1.8Misuse of Equipment and Services. Reselling, sublicensing, or otherwise making the Connect Services available to any third party outside Customer's premises; tampering with, modifying, altering, servicing, repairing, or relocating any Meter Hardware or any equipment provided by an underlying ISP, including removing or concealing any identifying plates, tags, or labels; permitting any unauthorized person to service or repair such equipment; or using the Connect Services in a manner inconsistent with the MSA, the underlying ISP's operational requirements, or this AUP.
1.9Violation of Third-Party Terms. Violating the rules, regulations, terms of service, or policies of any network, server, system, application, website, or service that Customer accesses or uses through the Connect Services.
2. Customer Responsibility
Customer is responsible for the security of any device or system that connects to the Connect Services, including any data stored on or transmitted through such devices or systems. Customer will take commercially reasonable measures to protect its devices and systems against viruses, malware, unauthorized access, and other threats.
Customer is responsible for maintaining the confidentiality of all account credentials and for any activity occurring under its account. Customer must promptly notify Meter of any unauthorized access to its account or any other suspected security incident.
3. Network Management
Meter and its underlying ISPs use commercially reasonable network management practices to deliver the Connect Services, protect Meter's network and its customers, and ensure compliance with this AUP and applicable law. These practices may include identifying and blocking spam and malicious traffic, mitigating network congestion, temporarily lowering the priority of traffic from sources contributing to current congestion, and implementing security measures.
Meter does not routinely monitor individual Customer activity for AUP compliance. However, Meter and its underlying ISPs reserve the right to monitor traffic, usage, and content as needed to operate the Connect Services, identify violations of this AUP, and protect Meter's network, its underlying ISPs' networks, and its customers. The Meter Open Internet Transparency Statement describes Meter's network management practices in more detail.
4. Enforcement
If Meter believes Customer has violated this AUP, Meter may, in its sole discretion and with or without prior notice depending on the nature of the violation: (a) suspend or terminate the Connect Services in accordance with the MSA; (b) remove or block any content or traffic that Meter believes violates this AUP; (c) investigate the suspected violation, including by gathering information from Customer, complainants, and other parties and examining material on Meter's systems; and (d) take any other legal or technical action that Meter deems appropriate. These actions are not exclusive remedies.
Meter may cooperate with law enforcement, government authorities, and other internet service providers and network operators in the investigation of suspected violations of law or this AUP.
Meter's failure to enforce this AUP in any particular instance does not waive Meter's right to enforce it at any other time. Customer's indemnification obligations under the MSA apply to any third-party claim arising from Customer's violation of this AUP.
5. Contact
To report a suspected violation of this AUP, contact Meter at legal@meter.com.