Effective Date: May 16, 2025
This Acceptable Use Policy (AUP) outlines the terms and conditions governing the rental and use of Personal Computers (PCs) and associated peripherals (collectively, "Equipment") from Mitchell Technologies LLC ("Mitchell Technologies," "we," "us," or "our"). By renting Equipment from Mitchell Technologies LLC, you (the "Renter," "you," or "your") agree to comply with this AUP. This Policy is an integral part of your rental agreement with Mitchell Technologies LLC.
1. PurposeThis AUP is designed to:
- Ensure the responsible, ethical, and lawful use of our Equipment.
- Protect the integrity, security, and performance of our Equipment and networks.
- Prevent harm to Mitchell Technologies LLC, its customers, and other third parties.
- Ensure compliance with applicable laws and regulations.
2. ScopeThis AUP applies to all Renters of PC Equipment from Mitchell Technologies LLC and any individual who uses the Equipment rented by the Renter.
3. Permitted UsesRenters are permitted to use the Equipment for:
- General productivity tasks (e.g., word processing, spreadsheets, presentations).
- Accessing the internet for lawful Browse, research, and communication.
- Running software applications that are legally licensed and compatible with the Equipment, subject to the restrictions outlined in Section 5 (Software).
- Other lawful activities that do not violate the terms of this AUP or the rental agreement.
4. Prohibited UsesThe following uses of Mitchell Technologies LLC's Equipment are strictly prohibited:
- Illegal Activities: Engaging in any activity that is illegal under local, state, federal, or international law. This includes, but is not limited to, violating copyright or intellectual property laws, transmitting illegal or pirated materials, engaging in fraud, or accessing or distributing child pornography.
- Malicious Activities:
- Introducing or distributing viruses, malware, ransomware, spyware, worms, or any other harmful or disruptive software.
- Attempting to gain unauthorized access to any computer, network, or data.
- Launching denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks.
- Engaging in network scanning, probing, or other activities that could disrupt or compromise network security or performance.
- Offensive or Harmful Content: Creating, distributing, displaying, or storing any content that is defamatory, obscene, harassing, threatening, hateful, discriminatory, or otherwise objectionable.
- Spamming and Unsolicited Communications: Sending unsolicited bulk email (spam), chain letters, or engaging in other forms of unsolicited mass communication.
- Security Violations:
- Bypassing or attempting to bypass any security measures implemented on the Equipment or by Mitchell Technologies LLC.
- Sharing passwords or other access credentials with unauthorized individuals.
- Modifying or tampering with the hardware or pre-installed operating system and core software of the Equipment without prior written consent from Mitchell Technologies LLC.
- Misrepresentation: Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Excessive Consumption of Resources: Using the Equipment in a manner that consumes excessive network bandwidth or system resources to the detriment of other users or Mitchell Technologies LLC's network, unless specifically authorized for such use.
- Commercial Use (unless explicitly permitted): Using the Equipment for commercial purposes beyond the scope agreed upon in the rental agreement (e.g., reselling access to the Equipment or using it to run an unauthorized business).
- Cryptocurrency Mining: Using the Equipment for cryptocurrency mining or similar activities that are resource-intensive and may cause excessive wear and tear, unless explicitly authorized in writing by Mitchell Technologies LLC.
5. Software
- Pre-installed Software: The Equipment may come with pre-installed operating systems and other software licensed to Mitchell Technologies LLC. You agree not to copy, modify, or distribute this software.
- Renter-Installed Software: You are responsible for ensuring that any software you install on the Equipment is legally licensed and does not violate this AUP. Mitchell Technologies LLC is not responsible for any issues arising from software installed by the Renter.
- Prohibited Software: You may not install software that is illegal, malicious, or designed to circumvent security measures or licensing restrictions.
- Software Removal: Upon return of the Equipment, Mitchell Technologies LLC may remove any software installed by the Renter. It is your responsibility to back up any data associated with such software.
6. Equipment Care and Security
- Responsibility for Damage and Loss: The Renter is responsible for the safekeeping of the Equipment during the rental period. You will be held liable for any loss, theft, damage (beyond normal wear and tear), or destruction of the Equipment.
- Proper Handling: You agree to handle the Equipment with care, protecting it from spills, drops, extreme temperatures, and other hazards.
- Security: You are responsible for implementing basic security measures, such as setting strong passwords if applicable and logging out of sessions when the Equipment is unattended.
- Reporting Issues: Any malfunction, damage, loss, or theft of the Equipment must be reported to Mitchell Technologies LLC immediately.
7. Data Security and Privacy
- Renter Data: You are solely responsible for any data you create, store, or transmit using the Equipment. It is your responsibility to back up your data. Mitchell Technologies LLC is not responsible for the loss of any Renter data.
- Data Deletion Upon Return: Before returning the Equipment, you are responsible for deleting all personal and confidential data. While Mitchell Technologies LLC may take steps to wipe returned Equipment, we are not liable for any data that is not removed by you.
- Privacy: Mitchell Technologies LLC respects your privacy. However, we reserve the right to monitor the Equipment and network usage to ensure compliance with this AUP and the rental agreement, to protect our assets, and to comply with legal obligations. Any such monitoring will be conducted in accordance with applicable privacy laws. Mitchell Technologies LLC may also access or disclose information about your use of the Equipment if required by law or to protect the rights or property of Mitchell Technologies LLC.
8. Liability and Indemnification
- No Warranties: Mitchell Technologies LLC provides the Equipment "as is" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose,1 or non-infringement.
- Limitation of Liability:2 Mitchell Technologies LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or3 revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Equipment; (b) any conduct or content of any third party on or related to the Equipment; or (c) unauthorized access, use, or alteration of your transmissions or content.
- Indemnification: You agree to indemnify and hold harmless4 Mitchell Technologies LLC, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable5 legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Equipment; (b) your violation of this AUP or the rental agreement; or (c) your violation of any third-party right, including without limitation any intellectual property right or privacy right.6
9. Policy Enforcement and Violations
- Violation of this AUP constitutes a breach of your rental agreement.
- Mitchell Technologies LLC reserves the right to investigate suspected violations of this AUP.
- In the event of a violation, Mitchell Technologies LLC may, at its sole discretion, take one or more of the following actions:
- Issue a warning.
- Suspend or terminate your rental agreement and access to the Equipment without notice.
- Bill you for any damages incurred by Mitchell Technologies LLC due to the violation.
- Report the violation to law enforcement authorities.
- Pursue any other legal remedies available.
- Mitchell Technologies LLC will determine, in its sole discretion, whether a violation of this AUP has occurred.
10. Return of EquipmentUpon termination or expiration of the rental agreement, you must return the Equipment to Mitchell Technologies LLC in the same condition it was received, subject to normal wear and tear, and by the agreed-upon date and method. All Renter data should be removed by you prior to return.
11. Modifications to this PolicyMitchell Technologies LLC reserves the right to modify this AUP at any time. Any modifications will be effective immediately upon posting the revised AUP on our website or providing notice to you. Your continued use of the Equipment after such modifications will constitute your acceptance of the new terms.
12. Governing LawThis AUP shall be governed by and construed in accordance with the laws of the State of South Carolina and the applicable federal laws of the United States of America.
13. Contact InformationIf you have any questions about this Acceptable Use Policy, please contact Mitchell Technologies LLC at:[Insert Mitchell Technologies LLC Contact Information: Address, Phone Number, Email Address]Renter Acknowledgement:
By signing the rental agreement and/or taking possession of the Equipment, I acknowledge that I have read, understood, and agree to comply with this Acceptable Use Policy.