Acceptable use policy
Effective from .
This Acceptable Use Policy ("AUP") outlines the terms and guidelines for the acceptable use of Services provided by DataCamp Limited ("Supplier") to you, the customer ("Customer"). This AUP is part of the broader agreement between Supplier and the Customer, including but not limited to the Supplier's Terms and Conditions ("Terms and Conditions"), any Service Order concluded between Supplier and the Customer or any other policies and documentation which collectively form the Agreement.
Terms not defined herein shall have the same definition as provided in Terms and Conditions (available at https://www.datapacket.com/terms-and-conditions).
Overview
The Supplier has established this Acceptable Use Policy (AUP) to promote the responsible and lawful use of its Services. This policy aims to maintain the integrity, security, and reliability of our network while ensuring compliance with all applicable laws and regulations. Although the behaviors and activities listed in this AUP are not comprehensive, they serve as examples of conduct deemed inappropriate, illegal, or otherwise harmful to the Supplier's reputation, network, or Services. Such conduct is strictly prohibited in connection with the use of the Supplier's Services. The obligations and restrictions outlined in this AUP apply to the Customer and extend to the Customer Users. Any violation of this AUP may result in the suspension or termination of the Services provided.
General Conduct and the Customer Responsibilities
- Responsible Use
The Customer is expected to use Services in accordance with reasonable industry standards and shall be responsible for its use of Services as well as the activities of the Customer Users. The Customer agrees and acknowledges that the violation of this AUP by the Customer Users shall be deemed to be a violation by the Customer of the AUP. The Customer is solely responsible for the content of any postings, data, or transmissions using Services, or any other use of Services by the Customer. Nothing in this AUP obligates the Supplier to monitor, edit, or censor the Customer's use of Services and/or such respective content.
- Acceptable Use Cases
The Services are intended for specific, approved use cases as outlined by the Supplier. The Customer agrees to use the Services solely for the purposes permitted by the Supplier and understands that any use falling outside of these approved scenarios is strictly prohibited. The Supplier reserves the right to terminate accounts if they fall outside of these acceptable use cases, even if such uses are not explicitly prohibited by law.
- Storage and Content Responsibility
Customer is responsible for ensuring that any content stored within the Services complies with this AUP. The storage of illicit, illegal, or prohibited content within the Supplier's services constitutes a breach of this AUP and may result in account suspension or termination. This remains applicable regardless of who accesses the content.
- Security and Integrity
The Supplier makes no guarantee regarding, and assumes no liability for, the security and integrity of any data or information the Customer transmits via Services or over the Internet.
- Compliance Obligations
This AUP contains provisions on the Customer's obligations to Supplier as (i) the provider of Services, (ii) the owner of equipment, or (iii) otherwise responsible for any property, subject matters, actions, or omissions relating to Services. These obligations of the Customer also extend to, as the case may be, Supplier's Affiliates or subcontractors. However, Supplier shall serve as the Customer's point of contact for matters related to Services. All Services provided through an Affiliate and/or subcontractor shall be subject to, and governed by, this AUP as if such Services were furnished directly by Supplier.
- Notification of Violations
The Supplier will use reasonable efforts to notify the Customer of any violations of the AUP and to give the Customer an opportunity to correct any violations before taking action. However, Supplier reserves the right to suspend or block Services in cases where Supplier believes that Supplier's property, the property of other parties, Supplier's reputation, or the integrity of its network is threatened by the Customer's violation of the AUP. This includes, but is not limited to, cases where the Customer's violation of this AUP involves illegal activities, cases where the Customer is unavailable or cases where there have been repeated violations of the AUP by the Customer.
- Responsible Use
Prohibited Uses
- Illegal Activities
Customers and Customer Users are prohibited from engaging in any activity that violates applicable laws or regulations. This includes any actions or behaviors that are unlawful under local, state, national, or international law. Customer must ensure that their, and their Customer Users', use of the services complies with all legal requirements, and understand that any form of illegal activity, whether direct or indirect, is strictly forbidden.
- Fraudulent activities
Customers and Customer Users are strictly prohibited from engaging in any form of fraudulent activity. This includes but is not limited to (i) any acts of deception, misrepresentation, or dishonesty intended to obtain money, goods, services, or information unjustly or unlawfully; and (ii) usage of Services to create, promote, or participate in schemes designed to defraud individuals, businesses, or other entities.
- Security Violations
Customers and Customer Users are strictly prohibited from using the Services to compromise the security of the Supplier's network or any other network. Prohibited actions include, but are not limited to: (i) engaging in activities that may interfere with the operations or normal functioning of Services, the Supplier's network, or other networks, such as denial of service attacks (DoS), distributed denial of service attacks (DDoS), or similar actions; (ii) attempting to bypass, subvert, or otherwise compromise system security measures, including any form of unauthorized access, penetration testing without express written consent from the Supplier, or other activities intended to manipulate, distort, or disrupt the functionality or operations of computing systems, equipment, or networks; (iii) introducing malicious software into any network, including viruses, worms, Trojans, or any other harmful code; and (iv) accessing, attempting to access, or interfering with any network, system, account, computing facility, equipment, data, or information in a manner that circumvents or compromises standard access controls or security mechanisms.
- Network Abuse
Customers and Customer Users may not use the Services to engage in any activity that interferes with or disrupts the integrity or performance of the Supplier's network, the networks of others, or any related infrastructure. Prohibited activities include, but are not limited to: (i) generating excessive network traffic that disrupts the normal use of the network by other customers or degrades the performance of the Services or any related infrastructure; (ii) initiating any form of attack on another network, including unauthorized access, spamming, or flooding; (iii) utilizing excessive bandwidth that may negatively impact other customers or the network; (iv) engaging in any actions that may impair or interfere with the ability of others to access or use the Services, the Internet, or any non-Supplier managed networks, systems, or services; and (v) conducting any activity that disrupts the normal operations or uses of non-Supplier networks, systems, or services, such as unauthorized resource utilization or exploitation of vulnerabilities that impact the availability, performance, or integrity of those services.
- Intellectual Property Violations
Customers and Customer Users must respect the intellectual property rights of others. Prohibited activities include (i) uploading, transmitting, or distributing any content that infringes on the copyrights, trademarks, patents, or other proprietary rights of any third party; and (ii) engaging in the unauthorized distribution of copyrighted material, including but not limited to music, movies, software, or other digital content. Repeated infringement will result in termination of Services where required by law. Additionally, the Supplier reserves the right to terminate the Services at their discretion for repeated infringement, regardless of legal mandate.
- Inappropriate and Illegal Content
Customers and Customer Users may not use Services to transmit, distribute, or store any content that is (i) defamatory, harassing, abusive, or threatening; (ii) contains child exploitation materials; and (iii) promotes violence or hatred, or is otherwise harmful to others.
- Fraudulent/Misleading Content
Customers and Customer Users shall not use Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.
- Misinformation and Propaganda
Customers and Customer Users are prohibited from engaging in the creation, dissemination, or promotion of misinformation, propaganda, or any other content intended to deceive, manipulate, or mislead others. This prohibition includes, but is not limited to: (i) the deliberate fabrication or distortion of facts, data, or information with the intent to misinform or mislead the public or specific individuals; (ii) the use of Services to spread false narratives, conspiracy theories, or other deceptive content that could harm individuals, groups, or the public interest; and (iii) the amplification or distribution of propaganda designed to influence opinions, behaviors, or decisions through false or misleading representations.
- Email and Spam
Customers and Customer Users are prohibited from using the Services to send unsolicited email messages, which include, without limitation, bulk commercial advertising or informational announcements. This prohibition includes, but is not limited to: (i) sending excessive email messages or messages intended to harass, disturb, or annoy recipients; (ii) continuing to send email messages to a recipient after they have expressed a desire not to receive further communications; (iii) sending email messages that contain falsified or misleading header information; and (iv) sending malicious email messages that contain harmful content, such as viruses, malware, or phishing links.
- Prohibited DDoS-Filtering Services and Excessive DDoS Traffic
Customers shall not use the Services to operate, provide, or resell any standalone DDoS-filtering, DDoS-mitigation, traffic-scrubbing, reverse-proxy, or GRE-tunnel protection services for third parties or for IP space not assigned by Supplier to Customer's services. Supplier-provided DDoS protection may be used solely to safeguard the Customer's own services running on Supplier hardware and Supplier-assigned IP space. Any operation of such services within the Supplier's network for third parties or for IP space not assigned by Supplier to Customer's services constitutes a material breach of this AUP.
If the Customer engages in any such prohibited activity, or if the Supplier reasonably determines that the Customer is operating or has operated DDoS-filtering or mitigation services without prior written disclosure and approval, the Supplier reserves the right to immediately suspend or terminate the Services without notice.
In addition, where the Supplier reasonably determines that a Customer is the target of excessive, sustained, or repeated DDoS attacks that materially affect the stability, performance, or integrity of the Supplier's network, the Supplier may (i) temporarily disable or suspend the affected Services to protect its infrastructure and other customers; and (ii) if such attacks persist or recur, terminate the affected Services upon written notice.
- Illegal Activities
Customer Responsibilities
- Account Security
The Customer is solely responsible for maintaining the confidentiality and security of their account credentials, including but not limited to their username, password, and any other authentication or security information used to access the Services. This responsibility extends to ensuring that such credentials are not shared with unauthorized individuals and are stored in a secure manner. The Customer must implement appropriate security measures, such as using strong passwords, regularly updating their credentials, and monitoring their account for any suspicious activity. In the event that the Customer suspects or becomes aware of any unauthorized access, use, or security breach involving their account, they are required to notify the Supplier immediately. Failure to promptly notify the Supplier of a security breach may result in the Customer being held responsible for any resulting damages or unauthorized activities conducted through their account.
- Account Security
Reporting Violations
Should the Customer become aware of any activities or behavior that may constitute a violation of this AUP, they are strongly encouraged to report such violations to the Supplier as soon as possible. Reports can be made through the designated channels provided by the Supplier, such as the abuse email address or customer support contact.
Modifications to the AUP
The Supplier reserves the right to modify, update, or amend this AUP at any time, with or without prior notice to the Customer. Such modifications may be made to reflect changes in legal requirements, industry standards, technological advancements, or the Supplier's business practices. The Supplier may notify Customers of significant changes to the AUP through various means, such as email notifications, service announcements, or updates posted on the Supplier's website. However, it remains the Customer's responsibility to regularly review the AUP to stay informed of any changes. The continued use of the Services by the Customer after any modifications to the AUP have been made will constitute the Customer's acceptance of the new terms. If the Customer does not agree to the modified AUP, they must discontinue use of the Services immediately.
No general monitoring
The Supplier provides dedicated/bare-metal infrastructure over which Customer holds full administrative control. The Supplier does not have access to, control, or monitor the content stored on Customer's servers, and the Supplier does not perform general monitoring of information transmitted or stored via the Services. The Supplier may process network-level telemetry and other technical metadata strictly to operate, secure, and support the Services, and may investigate suspected violations based on reports, abnormal activity patterns, or security events. Where required by law, the Supplier will disclose any information it lawfully has (e.g., subscriber details, logs, or telemetry) to competent authorities and, where legally permitted, will notify the Customer.
Liability is governed solely by the Terms and Conditions.