Acceptable Use Policy (AUP)

This AUP governs the use of all the hosting services, hosting solutions, cloud services, and other offerings (the “Services”) made available by Creatives Underground LLC and its suppliers and affiliates (“Creatives Underground”). This AUP is an integral part of your agreement with Creatives Underground and is incorporated by reference into the terms pursuant to which Creatives Underground provides you the right to access or use the Services. Access to or use of the Services constitutes your acceptance of this AUP. Creatives Underground 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.

General Statement

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 Creatives Underground’s mission and philosophies. This AUP is intended to protect the Services, employees and customers of Creatives Underground, and end users from improper, inappropriate, abusive or illegal activity. Creatives Underground 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 Creatives Underground’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 Creatives Underground 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:

  1. 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.
  2. The unauthorized access, monitoring, collection, or use of data, systems or networks.
  3. 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.
  4. 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.

Creatives Underground’s Rights

Creatives Underground reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP. You shall reasonably cooperate with Creatives Underground in investigating and correcting any actual or alleged breach of this AUP by yourself of any User. Creatives Underground 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 Creatives Underground believes is responsible for such violation. Creatives Underground may implement technical mechanisms to prevent AUP violations.

Nothing in this AUP shall limit Creatives Underground’s rights and remedies at law or in equity that may be available.

Consequences of Violations of this AUP

If Creatives Underground, in its sole discretion, reasonably believes you or your User violated this AUP, Creatives Underground may suspend your Services without prior notice, terminate your agreement with Creatives Underground, and/or block any traffic that it reasonably believes is in violation of this AUP. In addition to any other remedy Creatives Underground 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.

Disclaimer

Creatives Underground is under no duty to monitor user’s activities, and Creatives Underground disclaims any responsibility for any User’s misuse of the Services. Creatives Underground 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 Creatives Underground becomes aware that any such material violates this AUP and/or exposes Creatives Underground to civil or criminal liability, Creatives Underground may, but is not required to, block access to such material. Unless otherwise stated in this AUP, Creatives Underground disclaims any obligation to any person who has not entered into an agreement with Creatives Underground 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 Creatives Underground by emailing us.