Case 2:21-cv-00031-BJR Document 34 Filed 01/21/21 Page 3 of 14 AWS, an Amazon.com, Inc. company, offers “computing services for businesses, 1 2 nonprofits, and government organizations globally.” Decl. of Amazon Exec. 2, ¶ 3 (“Exec. 2 3 Decl.”). According to Parler, “AWS is the world’s leading cloud service providers [sic], 4 capturing a third of the global market.” Compl., ¶ 11. In June 2018, Parler entered into a 5 Customer Services Agreement (“CSA” or “Agreement”) with AWS for the latter to provide “the 6 cloud computing services Parler needs for its apps and website to function on the internet.” 7 Compl., ¶¶ 12, 13; see CSA, Exec. 2 Decl., Ex. A. 8 In recent months, Parler’s popularity has grown rapidly, and around the time of the 2020 9 10 presidential election, according to Parler, millions of users were abandoning Twitter and 11 migrating to the Parler platform. See Compl., ¶ 17. During this same time period, AWS claims 12 that it received reports that Parler was failing to moderate posts that encouraged and incited 13 violence, in violation of the terms of the CSA and AWS’s Acceptable Use Policy (“AUP”). 14 Exec. 2 Decl., ¶ 4; Ex. C (AUP). The AUP proscribes, among other things, “illegal, harmful, or 15 offensive” use or content, defined as content “that is defamatory, obscene, abusive, invasive of 16 17 privacy, or otherwise objectionable.” AUP at 1. AWS claims that in recent weeks, it repeatedly 18 communicated with Parler its concerns about third-party content that violated the terms of the 19 CSA and AUP, and that Parler failed to respond to those concerns in a timely or adequate 20 manner. Id., ¶ 5. 21 22 AWS has submitted to the Court multiple representative examples, reflecting content posted on Parler during this period, that AWS claims violated the terms of the AUP and the 23 24 25 parties’ Agreement. 1 See Opp. Br. at 3-4. Parler has not denied that these posts are abusive or that they violate the Acceptable Use Policy. Parler does claim, however, that AWS knew Parler 1 The Court will not dignify or amplify these posts by quoting them here. 3