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Customer Acceptable Use Policy

This Customer Acceptable Use Policy (“C-AUP”) governs the use of any products or services offered by Digital Realty and its affiliates pursuant to an Agreement (as hereinafter defined), Digital Realty’s websites, Wi-Fi, API’s, mobile applications, customer portals and/or other services made available for Customer’s use (for the purposes of this C-AUP, collectively, the “Services”). This C-AUP applies to Customers (including, but not limited to, customers, partners, resellers and carriers), as well as any individual or entity that accesses the Services by, through or on behalf of Customer, including, but not limited to, Customer’s users, customers, sublicensees, subtenants or Authorized Personnel (“Authorized Users”). The term “User(s)” means, collectively, “Customer” and “Authorized Users”. Customers are responsible for ensuring that Customer and all Authorized Users adhere to this C-AUP. This C-AUP supplements the applicable services agreement (“Agreement”) between Digital Realty and the Customer (“Customer”) for the provision of datacenter services. If there is a conflict between the C-AUP and the Agreement, the Agreement will control.

Users are bound by this C-AUP and Customer is responsible for violations of this C-AUP by any User that accesses the Services by or through Customer. Digital Realty may modify this C-AUP at any time, without notice, by posting such modified terms at https://www.digitalrealty.com/about/legal/policies/acceptable-use.

Customers are solely responsible for any content, data or information transmitted, stored, or accessed using the Services, including acts and omissions by Users, and any violation of this C-AUP by a User will constitute a violation by Customer. Customer shall be solely responsible for ensuring that Users do not engage in inappropriate conduct, including, but not limited to:

• Incitement: Activities or content that encourage targeted actions against individuals or groups, or that are violent or graphic without merit.
• Exploitation: Promoting or facilitating trafficking in persons, including minors, for sexual exploitation.
• Hate Speech: Engaging in or endorsing speech that incites violence or harm based on immutable characteristics, such as race, religion, gender, sexual orientation, or disability.
• Misinformation: Spreading verifiably false information intended to cause specific harm (e.g., false claims about voting).

Users may not use the Services to transmit, distribute, retrieve, or store any information that violates applicable laws or regulations, including, but not limited to:
• Intellectual Property Infringement: Unauthorized use of materials protected by copyright, trademark, or other intellectual property rights.
• Export Violations: Breaching U.S. or EU export control regulations.
• Hacking: Unauthorized access to or interference with any system, network, or data.
• Data Interception: Unauthorized monitoring of data or traffic on any network without permission.
• Data Theft: Illegally acquiring data or access to information systems.
• Intentional Interference: Conduct that disrupts the services, including denial-of-service attacks or overwhelming systems.
• Impersonation: Deceiving others by concealing or falsifying source information in electronic communications.
• Avoiding Restrictions: Circumventing security measures or attempting unauthorized access to systems.
• Violating Third-Party Policies: Failing to comply with the rules of third-party networks accessed via the Services.
• Harmful Software: Distributing viruses, Trojan horses, or other harmful programming.
• Spam: Sending unsolicited commercial emails or excessive large attachments that disrupt services.
• Violation of any other applicable local, state and national laws.

If any User fails to comply with this C-AUP, Digital Realty may take all necessary actions to remedy the violation, including, but not limited to, suspending or terminating Services or Users’ use thereof, or implementing technical measures to prevent further violations.

Digital Realty is not responsible for any material or information accessible or transmitted via the Services. While not obligated to monitor, Digital Realty reserves the right to investigate suspected violations of this C-AUP. Digital Realty may cooperate with legal authorities and third parties in investigating any alleged violations of this C-AUP or applicable laws, including disclosure of the identity of any Customer associated with such violations.