Acceptable Use Policy (AUP)
This Acceptable Use Policy (AUP) of AkaByte (we, us, or our) is incorporated into and made a part of our Terms of Service, and you (the Customer, You, or Your) agree to be bound by the terms of this AUP.
1. Acceptable Use.
We require that all customers and other users of our cloud-based service (the “Service”) conduct themselves with respect for others. In particular, Customer must observe the following rules in Customer’s use of the Service and ensure that Your affiliates, employees, agents and representatives also observe them:
1.1. Abusive Behavior: Do not harass, threaten, or defame any person, group, or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.
1.2. Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, email address, screen name, or other personally identifiable information without the data subject’s written consent. Do not engage in or facilitate identity theft.
1.3. Business and Intellectual Property: Do not infringe upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder. Do not infringe upon contractual, privacy, or fiduciary rights or improperly expose trade secrets or other confidential or proprietary information.
1.4. Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service. Do not engage in or facilitate any activity that constitutes or facilitates phishing, hacking, or other malicious activity; that spreads or distributes malicious code or applications of any type; or that compromises, disrupts, or degrades the normal and proper operation of any computer, servicer, or system.
1.5. Spam: Do not send bulk unsolicited e-mails (“Spam”) or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate any anti-Spam laws, rules, or regulations.
1.6. Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not engage in Ponzi-type schemes or otherwise commit or facilitate fraud.
1.7. Violations of Law: Do not violate or facilitate violation of any applicable law including without limitation any intellectual property law, export control, child pornography law or other law referred to herein. Do not transmit, distribute, publish or otherwise store or make available any data or materials that constitutes, depicts, fosters, promotes, or relates in any manner to child pornography or erotica, bestiality, or non-consensual sex acts, or is otherwise obscene; or that encourages, glorifies, incites, encourages, facilitates or promotes any illegal activity, excessive violence, or cruelty.
2. Flow Down.
You agree to pass the obligations of this AUP through to Your own customer and other end users and to cooperate with us in the enforcement and administration of this AUP. Any violation of this AUP by Your customer or other end user shall be deemed to be a violation by You of this AUP and of the Terms of Service.
Customer accepts sole responsibility for ensuring that Your data is secure, that confidential information remains confidential, and that You do not expose Your business to risks that you are not prepared to assume. We reserve the right to take immediate action to suspend or terminate Your account with or without advance notice if, in our sole and absolute discretion, You, Your customer, or any end user is engaging in activities that jeopardize our security, the security of our other customers, or the security of the Internet in general.
4. Consequences of Violation.
We reserve the right to determine whether a specific action or omission constitutes a violation of this AUP in our sole and absolute discretion, and any violation of AUP may lead to suspension or termination of the Customer’s account and/or legal action, in our sole and absolute discretion and with or without advance notice. In addition to or instead of the foregoing, in our sole and absolute discretion, You may be required to pay for the costs of investigation and remedial action related to AUP violations. We reserve the right to take any other remedial action we see fit, in our sole and absolute discretion. You agree to indemnify us and to hold us harmless from any claims that our action under this section has damaged You or any party claiming through you, such as your own customer or end user.
5. Revision of AUP.
Due to the evolving nature of the Internet and of the Service, we reserve the right to change this AUP at any time by posting a new version on this page and sending the user written (including electronic) notice thereof, whether by means of an email notification or by posting such notification on Your portal or dashboard associated with our services, and You expressly agree to this reservation of rights. Any new version of this AUP will become effective on the date of such notice.
This Acceptable Use Policy (AUP) was most recently changed on 23rd September of 2021.