These Terms were last modified on May 9, 2023.
This Acceptable Use Policy (“AUP”) is intended by Different Dev LLC (“Different Dev”) to help protect our Customers and the Internet community from the inappropriate use of the Internet. Customer’s use of Different Dev’s Services constitutes acceptance of this entire AUP. Different Dev reserves the right to revise and update this AUP from time to time. Customer is responsible for keeping informed and aware of revisions or updates, and for abiding by the terms of this AUP.
Customer’s use of any Service constitutes acceptance of this entire AUP. Different Dev reserves the right to revise and update this AUP from time to time. Customer is responsible for keeping informed and aware of revisions or updates, and for abiding by the terms of this AUP.
Acceptable use of Different Dev’s Service
- Different Dev’s Services may only be used for lawful purposes, and Customer shall bear the burden of establishing that such use complies with all applicable laws. The Customer is responsible for all use of the account, with or without the knowledge or consent of the Customer. Different Dev reserves the right to suspend or terminate any Service at its sole discretion, with or without notice, to Customer and/or any end-user of Customer’s Services or facilities. This includes, but is not limited to, any Customer who:
a. Violates the rules, regulations and policies applicable to any network, server, computer database, web site or newsgroup that Customer or end-user accesses;
b. Sends, facilitates the sending of, or unsolicited bulk mail messages (“SPAM”) to any person or system or sends mail-bombs (masses of e-mail or other data) to any person or system, propagates or replies to mail-bombs, or uses a Different Devs website address or hosted web account to collect responses from unsolicited commercial e-mail;
c. Hosts, provides DNS, or email Services for web sites advertised via unsolicited bulk mail messages (“SPAM”);
d. Uses Services in a manner which is intended to abuse or to violate the property rights of others, including, without limitation, activities which result in the distribution of viruses, worms, time bombs, Trojan horses, or other destructive activities;
e. Uses the Services in a manner that allow for cyber intrusions, including without limitation, malware and ransomware
f. Uses the Services in a manner that infringes on the intellectual property rights of any third party or any rights of publicity or privacy;
g. Violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing criminal activity, export control, unfair competition, anti-discrimination or false advertising);
h. Publishes or communicates material that is obscene, defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
i. Uses Services to attempt to break security, or in fact, breaks security of any computer network, or to access an account without authorization;
j. Forges, removes, or modifies identifying network header information (“spoofing”), or employs any other methods in connection with the transmission of e-mail used to disguise or mislead any user name or the source or quantity of transmissions; except when using deliberately misleading headers in newsgroups to avoid spam e-mail address collectors.
k. Relays e-mail through any third-party systems without authority;
l. Uses Services to conduct any other activities which Different Dev determines are injurious to its Customers, operations, or reputation;
m. Provides false information on a Different Dev Service application, contract or on-line application, including, but not limited to, fraudulent credit card information;
n. Causes any disruption of another Customer’s Services through any actions, past or present, taken by Customer.
- Customer must immediately notify Different Dev of any unauthorized use of an account, and/or any breach, or attempted breach, of security known to Customer. Customer is responsible for ensuring that its network resources are configured in a secure manner. Customer may not, through action or inaction, allow others to use its resources for illegal or inappropriate activities. Different Dev takes no responsibility for the security of the communications transmitted over Different Dev facilities.
- Different Dev does not, and does not hereby assume any responsibility to, review or edit materials which Customers or its end-users publish or post on Different Dev‘s facilities or the Internet, and is not responsible for such content, posting or activity. Different Dev is not responsible for the content of any other websites linked to Different Dev’s or Customer’s Services.
- Different Dev cooperates fully with federal and state enforcement Different Dev respects Customer privacy rights and will not intentionally disclose Customer’s online communications or activities except to comply with court orders, subpoenas, statutes, regulations, or governmental requests; in order to protect Different Dev or its Customers from harm; or where necessary for the operation of the system. Different Dev may occasionally and randomly monitor online communications only for mechanical or quality control checks.
- Different Dev may, in its sole discretion, remove or disable Customer materials or terminate Services to Customer with or without notice to Customer, if Customer’s materials, postings or links allegedly infringe trademark, copyright or other intellectual property rights of third Customer acknowledges that Services will be terminated immediately in the event permission/license to use a trademark or Service mark as granted by a third party, (e.g. franchisor) is revoked. Different Dev is not responsible for determining if the allegations of infringement are valid. In addition, Different Dev may terminate Services to Customer, if Customer violates this provision.
- Customers who are Service Different Devs must follow the policies outlined above or stricter ones with regard to their end-users use of Services.
- Different Dev, in its sole discretion, will determine on a case-by-case basis what action will be taken in response to a violation of this AUP. Different Dev reserves the right to investigate suspected or alleged violations of this AUP, including gathering information on its Customer, its end-user, the complaining party, and examining of material on Different Dev’s network. Nothing contained in this AUP shall be construed to limit Different Dev’s actions or remedies in any manner. Different Dev reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Different Dev Service and levying cancellation charges to cover Different Dev’s costs in the event of termination for the causes outlined above. Different Dev reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
- Different Dev shall not be liable for any damages of any nature suffered by any Customer or any third party resulting in whole or in part from Different Dev’s exercise of its rights under these policies. By using Different Dev Services, Customer agrees to waive and hold harmless Different Dev from any claims relating to any action taken by Different Dev including conducting an investigation, issuing a warning, refusing to post material, removing material, or suspending or terminating Services, or other appropriate action. This waiver applies to all violations described in this AUP.
Violations of this AUP shall be reported by phone to the Different Dev Global Data Center at 833-DIFFDEV, or by email to [email protected].