This AUP governs the use of all the hosting services, hosting solutions, cloud services, and other offerings (the “Services”) made available by High Desert Digital LLC and its suppliers, brands, and affiliates (“High Desert Digital”). This AUP is an integral part of your agreement with High Desert Digital and is incorporated by reference into the terms pursuant to which High Desert Digital provides you the right to access or use the Services. Access to or use of the Services constitutes your acceptance of this AUP. High Desert Digital reserves the right to alter this AUP at any time and such modifications shall become immediately effective upon posting the modified AUP or by notification to you of the modified AUP.
The purpose of this AUP is to set forth guidelines for the expected conduct of users of the Services and the types of actions and content that are contrary to High Desert Digital’s mission and philosophies. This AUP is intended to protect the Services, employees and customers of High Desert Digital, and end users from improper, inappropriate, abusive or illegal activity. High Desert Digital may suspend or terminate your right to access and use the Services if, in its sole determination, it believes you have violated this AUP.
Responsibilities and Prohibited Use
You are responsible for the activities of your agents, representatives, and end-users (“Users”) and will they abide by this AUP. The Services shall be used solely for legitimate business and commercial purposes, and you shall not use the Services for activities which, in High Desert Digital’s sole discretion, may be illegal, offensive, abusive, or in a manner that interferes with or adversely affects the Services or use of the Services (including deliberate attempts to overload a system and broadcast attacks) or that would expose High Desert Digital to criminal or civil liability. Some examples of prohibited activities follow, but this is not an exhaustive list. You and your Users agree not to use the Services for:
- Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services.
- The unauthorized access, monitoring, collection, or use of data, systems or networks.
- Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.
- Engaging in offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.
In addition, you and your Users must comply with all applicable laws, rules and regulations related to your use of the Services, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.
High Desert Digital’s Rights
High Desert Digital reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP. You shall reasonably cooperate with High Desert Digital in investigating and correcting any actual or alleged breach of this AUP by yourself of any User. High Desert Digital further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that High Desert Digital believes is responsible for such violation. High Desert Digital may implement technical mechanisms to prevent AUP violations.
Nothing in this AUP shall limit High Desert Digital’s rights and remedies at law or in equity that may be available.
Consequences of Violations of this AUP
If High Desert Digital, in its sole discretion, reasonably believes you or your User violated this AUP, High Desert Digital may suspend your Services without prior notice, terminate your agreement with High Desert Digital, and/or block any traffic that it reasonably believes is in violation of this AUP. In addition to any other remedy High Desert Digital may have, it may charge you its standard hourly rate together with its reasonable legal fees, and the cost of equipment and material needed to investigate, respond to, and remedy any violations of this AUP.
High Desert Digital is under no duty to monitor user’s activities, and High Desert Digital disclaims any responsibility for any User’s misuse of the Services. High Desert Digital has no responsibility for any User or other third-party material or information created, stored, maintained, transmitted or accessible on or through the Services, and is not obligated to monitor or exercise any editorial control over such material. In the event that High Desert Digital becomes aware that any such material violates this AUP and/or exposes High Desert Digital to civil or criminal liability, High Desert Digital may, but is not required to, block access to such material. Unless otherwise stated in this AUP, High Desert Digital disclaims any obligation to any person who has not entered into an agreement with High Desert Digital for use of the Services.
Notification of Violations
If you become aware of any violation of this AUP by anyone, including your Users, you must immediately notify High Desert Digital using the Abuse Report Form found here.