(i) This Acceptable Use Policy (the “AUP”) specifies various requirements and restrictions for the responsible use of the Dash Hudson service (collectively, the “Service”) provided by Dash Hudson Inc and/or its affiliated companies and subsidiaries (collectively, “Dash Hudson”, “us”, “our” or “we”). The purpose of the AUP is to specify the type of actions and content that are contrary to our mission and philosophies as well as to specify guidelines for Customer’s use of the Service. Any terms not defined in the AUP shall have the meaning ascribed to those terms in the Terms of Use for the Service.
(i) Dash Hudson hereby reserves the right to amend the Acceptable Use Policy with prior notice to Customer.
(i) The AUP is intended to protect the Service, Dash Hudson and any Customers and Users of the Service from allegations of improper, inappropriate, abusive or illegal conduct. The prohibited uses described below are intended as guidelines regarding improper and inappropriate conduct, and should not be interpreted as an exhaustive list.
(i) Transmission, distribution, retrieval or storage of any data or other material through or via the Service in violation of any applicable law or regulation is prohibited. This includes, without limitation, a prohibition against using The Service to transmit or disseminate any:(a) material that infringes, misappropriates or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless or Internet service provider or those imposed on any of its subscribers;(b) material or data that is illegal or material or data, as determined by Dash Hudson (in Dash Hudson’s sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, tortious, hateful or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Dash Hudson or any third-party service provider involved in the provision of the Service;(c) material or data that is illegal, drug-related (e.g. heroin, cocaine), pornographic-related (e.g., explicit sexual content), crime-related (e.g. organized crime, notorious characters), violence-related (e.g., threats,intimidation) and or hate-related (e.g. racist organizations);(d) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;(e) material or information that is false, misleading, or inaccurate; and/or(f) material that would expose Dash Hudson, any third-party service provider involved in providing the Service, or any other third party to liability.(ii) Sending unsolicited bulk email (“UBE” or “spam”) is prohibited. The sending of any form of UBE or spam through the Service is prohibited, including the sending of bulk or unsolicited electronic mail, text (SMS) messages, instant messages or social media messages in an improper or illegal manner.(iii) Sending any message or transmitting any electronic communication using a name or address other than those owned by Customer for purposes of deception is prohibited. Impersonating someone else by altering source IPaddress or by using forged headers or other identity information is prohibited. Fraudulently concealing, forging or otherwise falsifying identity in connection with any use of the Service is prohibited. Engaging in any activities that may interfere with the ability of others to access or use the Service or the Internet (e.g. denial of service attacks) is prohibited. Monitoring, without authorization, any data, information or communications on any network or system (including the Service) that is not owned by Customer is prohibited.(iv) Repeated use of the Service that may constitute spamming or harassment is prohibited.
(i) Each Customer is responsible for the activities of its employees in using that Customer’s Service accounts and passwords. Each Customer is also responsible for notifying each of its Users about the AUP. Each User isresponsible for its actions using the Service and for compliance with the AUP. Complaints about Customers or Users will be forwarded to Dash Hudson’s customer administrator for action. Dash Hudson shall have the right to terminate any Customer’s or User’s use of the Service, with notice or with cause, if that Customer or User violates the AUP, as determined by Dash Hudson.
(i) Dash Hudson will cooperate with appropriate law enforcement and other governmental agencies and other persons or entities authorized to investigate claims of illegal or inappropriate activity, and shall have no liability to Customer or any third party for any actions taken in connection with such cooperation. All Customers and Users of the Service shall assist Dash Hudson in such investigations as reasonably required.
(ii) If Customer becomes aware of any violation of the AUP by any person, including Users or third parties, Customer must notify Dash Hudson via e-mail as soon as reasonably practicable or through Customer’s designated Account Manager at Dash Hudson.