This Acceptable Use Policy encourages the responsible use of Digital RGB’s services and delineates the relatively narrow range of uses of Digital RGB services that are contrary to Digital RGB’s mission, generally because such uses either pose an unacceptable risk to the stability, integrity, or quality of Digital RGB’s systems or the systems of its vendors, or harm (or threaten to harm) the rights and interests of third parties. This Acceptable Use Policy supplements your Service Agreement with us. Uses of the Digital RGB services described below are prohibited.
I. You agree to comply with all applicable local, state, national and international laws and regulations regarding use of all services delivered by Digital RGB. The following are prohibited uses of our services:
II. You acknowledge and agree that it is a violation of this AUP for your services to cause an interruption or degradation of, interference with, or disproportionate burden on the operations of Digital RGB’s systems or the services of other customers, regardless of whether such interruption, degradation, interference or burden is the result of your actions or those of a third party over which you have no control.
III. You are solely responsible for the content you furnish to Digital RGB in connection with your Web site or other services we provide to you, or make available to others through use of our services. Digital RGB cannot and does not design (except where you are receiving our Design Services as part of our Bundle Packages), review or screen content you provide to us for inclusion in your Web site (or that you use, provide or make available in connection any services we provide to you) and does not assume any obligation to monitor such content. However, you agree that we may review your Web site or other content in responding to a third party complaint or for any other reason.
IV. You may access and use our services for lawful purposes only and you are solely responsible for the knowledge and adherence to any and all laws, statutes, rules and regulations pertaining to your use of our services. You agree that you will not (i) use the services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local state, Federal or international law or regulation; (ii) upload or otherwise transmit any content that you do not have a right to transmit under any law or contractual or fiduciary duty; (iii) interfere or infringe with any trademark or proprietary rights of any other party; (iv) interfere with the ability of other users to access or use our services; (v) claim a relationship with or to speak for any individual, business, association, institution or other organization for which you are not authorized to claim such a relationship; (vi) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; or (vii) reproduce, duplicate, copy, use, distribute, sell, resell or otherwise exploit for any commercial purposes any portion of the services.
V. You represent and warrant that no federal, state or local authority prohibits or materially limits Digital RGB from transacting business with you or providing our services to you or your agents, representatives, affiliates or related entities. If, at any time, a federal, state or local authority prohibits or materially limits the transaction of business or our provision of services to you or your agents, representatives, affiliates or related entities, such prohibition or restriction shall be a violation of this Acceptable Use Policy and a material breach of the Service Agreement.
If Digital RGB determines in its sole discretion that your conduct violates the terms of this Acceptable Use Policy, Digital RGB may suspend, restrict, terminate, or take any other appropriate action with regard to your services without any obligation to refund fees paid. Digital RGB reserves the right to take such actions without notice to you. You understand that we reserve the right to conclude that your conduct is in violation of the standards set forth in this Acceptable Use Policy, and we may arrive at such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well founded, and even if (i) our opinion or suspicion is proven not to be well founded or (ii) we provide other customers services that have similar characteristics or are being used in a similar manner as your services. You agree that we, in responding to a third party complaint, reserve the right in our sole discretion to suspend or terminate the services subject to this Acceptable Use Policy without notice and with no obligation to refund fees paid. You also understand and agree that by providing you services, Digital RGB in no way endorses your Web site or deems your content to be suitable under the terms of this Agreement.
You agree that Digital RGB shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict transmission of material that it or any user of the services considers to be fraudulent, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
Modifications to this Acceptable Use Policy
You agree that Digital RGB, in its sole discretion, may modify this Acceptable Use Policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. Use of the Digital RGB services after the posting period constitutes acceptance of the modification.