Policies: Acceptable Use Policy

Diversified Media Data Services, LLC (“DMDS”) has developed this Acceptable Use Policy (“AUP”) to foster the responsible use of DMDS infrastructure, networks, cloud-based offerings, systems, services, software, websites, products, and facilities (collectively, “DMDS Infrastructure and Services”) by our Clients, their customers, and other users of DMDS Infrastructure and Services (collectively, “Clients”), and to enable us to provide Clients with secure and reliable services. By using DMDS Infrastructure and Services, Clients consent to be bound by the terms of this AUP -

Modifications

DMDS reserves the right to modify this AUP at any time. Such modifications will be effective when posted and Clients are expected to check this page from time to time to take notice of any changes DMDS has made, as this AUP is legally binding. In the event any AUP modification would materially affect Client’s business, DMDS will notify Client. Any use of DMDS Infrastructure and Services after posted AUP modifications shall constitute acceptance of such modifications.

Information Collection & Filtering

DMDS reserves the right to install and use any appropriate devices to prevent violations of this AUP, including but not limited to, devices designed to filter or terminate access to DMDS Infrastructure and Services, such as intrusion detection or prevention devices, and network packet analyzer tools. By accepting and using DMDS Infrastructure and Services, Clients consent to allowing us to collect service information and routing information in the normal course of our business, and to use such information for general business purposes.

Prohibited Conduct & Uses

Illegal Activity

DMDS Infrastructure and Services must be used in a manner that is consistent with the intended purpose of DMDS Infrastructure and Services and may be used only for lawful purposes. Clients shall not use DMDS Infrastructure and Services in order to transmit, distribute or store content: (a) in violation of any applicable law or regulation, including export or import laws and regulations; (b) that may adversely affect DMDS Infrastructure and Services or other DMDS Clients; or (c) that may expose DMDS to criminal or civil liability.

Violation of Intellectual Property Rights

Material accessible through or contained within DMDS Infrastructure and Services may be subject to protection under privacy, data protection, or confidentiality laws and may contain intellectual property rights owned by DMDS or third parties, including but not limited to, copyright, patents, trademarks, trade names, trade secrets, or other proprietary information. Clients shall not use DMDS Infrastructure and Services in any manner that would infringe, dilute, misappropriate, breach, or otherwise violate any such rights or laws.

Clients are responsible for ensuring that all applications, software, programs, and content which are hosted though DMDS Infrastructure and Services are properly licensed from the applicable third parties to the extent required in the context of the applicable deployment. Clients will indemnify in full, and keep fully indemnified on a continuing basis, DMDS with respect to any claims by third parties brought against DMDS based on an allegation that any such Client failed to comply with its obligations under this paragraph.

Clients will promptly respond to any advisory with respect to a Digital Millennium Copyright Act (DMCA). Upon receipt of DMCA notice from DMDS or from any third party, Client will promptly remove any offending content, or alternatively seek appropriate legal action to reject the DMCA claim.

Fraudulent & Misleading Content

Clients shall not use DMDS Infrastructure and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations, or which does not comply with any applicable advertising laws or codes of practice.

Harmful Content

Clients shall not use DMDS Infrastructure and Services to transmit, distribute, or store material that may be harmful to or interfere with DMDS Infrastructure and Services or any third party’s networks, systems, services, or websites. Such prohibited harmful content includes, but is not limited to, viruses, worms, and Trojan horses.

Inappropriate Content

Clients shall not use DMDS Infrastructure and Services to transmit, distribute, or store material that is inappropriate, as reasonably determined by DMDS in its sole discretion, or material that is obscene, defamatory, libelous, threatening, abusive, hateful, or violent. Notwithstanding the foregoing or anything else to the contrary, no pornographic content of any kind may be stored (either permanently or temporarily), processed by or transmitted through any of DMDS's cloud-based services or any of DMDS's cloud-based infrastructure.

In the event that DMDS becomes aware that content may violate this AUP and/or expose DMDS to civil or criminal liability, DMDS reserves the right to block access to such material, and suspend or terminate its provision of DMDS Infrastructure and Services to any Client creating, storing, or disseminating such material. DMDS further reserves the right to cooperate with legal authorities and third parties in any investigation of alleged wrongdoing.

Unsolicited Email Messages

Clients shall not use DMDS Infrastructure and Services to transmit unsolicited email messages, including without limitation, unsolicited bulk email (“spam”). Further, Clients are prohibited from using the service of another provider to send spam to promote a website hosted on or connected to DMDS Infrastructure and Services. In addition, Clients shall not use DMDS Infrastructure and Services in order to send e-mail messages which are excessive and/or intended to harass or annoy others. All volume emails or mass mailings shall contain an opt-in/opt-out provision.

Abuse

Clients shall not use DMDS Infrastructure and Services to conduct activities that may be harmful to or interfere with DMDS Infrastructure and Services or any third party’s networks, systems, services, or websites, including but not limited to, flooding, mail bombing, or denial of service (DoS) attacks.

Security Breach Attempts

With the exception of industry standard vulnerability testing as required for compliance purposes, Clients are prohibited from violating or attempting to violate the security of DMDS Infrastructure and Services, or any third-party’s computers, accounts, or networks through their use of DMDS Infrastructure and Services. Clients are also prohibited from conducting any activity considered a precursor to attempted security violations, including but not limited to, any form of scanning, probing, or other testing or information gathering activity, without express authorization of the owner of the system or network.

Security Breach Notification

All Clients of DMDS Infrastructure and Services are responsible for notifying DMDS immediately if they become aware of a security breach or an impending event that may negatively affect DMDS Infrastructure and Services. This includes extortion threats that involve threat of DoS attacks, unauthorized access, or other security events.

AUP Violation Reporting

Clients who become aware of a violation of this AUP must report this information to DMDS by email at abuse@dmdsmanaged.com. DMDS may take any appropriate action as it reasonably deems fit in its sole discretion in respect of such violations.

Complaint Notifications

In most cases, DMDS will notify Clients of complaints received regarding an alleged violation of this AUP. Clients agree to promptly investigate all such complaints and take all necessary actions to remedy any violations of this AUP. DMDS may inform the complainant that Client is investigating the complaint and may provide the complainant with the necessary information to contact Client directly to resolve the complaint. Client shall identify a representative for the purposes of receiving such communications.

Suspension or Termination

If DMDS determines that any Client has violated any provision of this AUP, DMDS, at its sole discretion, may terminate or suspend its provision of DMDS Infrastructure and Services to that Client. However, if DMDS determines that the violation is inadvertent or unintentional, and a resolution is reasonably practical under the circumstances to address the underlying violation, DMDS may limit the suspension of service for the violation of the AUP to the source of the services from which the violation occurred.

DMDS will attempt to notify Client prior to suspending service for violation of the AUP (which may be via email or any other notification), however, DMDS may suspend service without notice if DMDS becomes aware of a violation of any applicable law, regulation, or activity, including but not limited to a violation of the AUP, that exposes DMDS to criminal or civil liability, or that exposes DMDS Infrastructure and Services or any third party property to harm. Such harm may include, but is not limited to, risk of having one or more IP addresses placed on blacklists, or a distributed DoS attack consuming excess resources. DMDS may take such further action as DMDS determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and DMDS shall not be liable for any damages of any nature suffered by any Client or any third party resulting in whole or in part from DMDS’s exercise of its rights under this AUP.

Cooperation with Law Enforcement

Inappropriate activity may result in civil or criminal liability. DMDS will cooperate with appropriate law enforcement agencies, when requested, and other parties involved in investigating claims of illegal or inappropriate activity. DMDS reserves the right to disclose Client information to the extent authorized by applicable law.

Additional Terms & Conditions

The use of DMDS Infrastructure and Services is subject to the terms and conditions of any agreements entered into with DMDS. This AUP is hereby incorporated into any and all of such agreements by reference.