Terms & Conditions

“Untheckable Digital LLC”. Terms and Conditions Acceptable Use Policy This Acceptable Use Policy (“AUP”) describes activities that are allowed and disallowed on “Untheckable Digital LLC” service platform, including the “UDigital Connect™network, or while using the Services. Customer must adhere to the policies in this AUP and may only use the Services pursuant to a contractual relationship between Untheckable Digital and Customer (the “Agreement”). This AUP is incorporated by reference into such Agreement and by using the Services, each user agrees and acknowledges that it has carefully read and understood this AUP and the  implications  thereof, accepts  the  obligations  and  limitations  set  forth  herein,  and  agrees to and consents to abide by the terms of the AUP. Capitalized terms used but not otherwise defined herein shall have the meaning set forth in the Agreement.  Untheckable Digital reserves the right to update this AUP from time to time in its sole discretion to further detail or describe reasonable restrictions on Customer’s use of the Services  by  publishing  a  revised  version  of  the  AUP at https://untheckable.com/legal/policies/acceptable-use-policy/, which shall be deemed effective upon posting.

Use of the Services after the revised AUP is posted on the website shall constitute Customer’s acceptance of such revised AUP. Customer Responsibilities Customer may only use the Services in accordance with applicable laws, rules and regulations, including data protection and privacy laws, export laws and controls, and laws relating to commercial electronic messages.

Customer is responsible for all activity occurring on its account and any violations of this AUP, including by its by its employees, agents, customers, end users, and anyone using the Services on its

behalf,  or  on  an  unauthorized  basis  as  a  result  of  Customer’s  failure  to  use  reasonable  security precautions. Customers who provide services to end users are responsible for such end users’ compliance with the terms of this AUP and must take steps to ensure compliance by their users. Customer is also responsible for all its Customer Content created or transmitted on or through the Services. Untheckable Digital does not review, edit, censor, or take responsibility for any information customers or their end users may create or transmit using the Services. Because of this, Untheckable Digital cannot accept any responsibility from customers, end users, or third parties resulting from illegal, inaccurate, or offensive content or transactions. Customer must have valid and current account information on file with Untheckable Digital at all times, including a list of Authorized Users. Customer is solely responsible for maintaining the confidentiality of its password and account information, as well as the security of its network. Customer must use reasonable efforts to

secure any device or network within its control against being used in violation of this AUP. “Untheckable Digital LLC” right to suspend or terminate the Services applies even if a breach is committed unintentionally or without Customer’s authorization.

Customer agrees to immediately notify Untheckable Digital of any unauthorized use of its accounts, violation of this AUP, or any other breach of security of which it becomes aware. Conduct that directly or indirectly encourages, permits or relies on activities in violation of this AUP, is also a violation of the AUP.  Prohibited Conduct1.Illegal activity.

Customer  may  not  use  the  Services in  violation  of  any  applicable  law,  rule  or regulation, or to encourage or instruct others in illegal or prohibited activities. This prohibition includes, without limitation: a. Using, transmitting or  storing any  material  protected  by copyright,  trademark,  trade secret,  patents  or  other  intellectual  property  right  without  proper  authorization, including software piracy; b.Engaging in activity that violates privacy, publicity or other personal rights of others; c.Engaging in, or facilitating, the distribution of materials that may not be exported under U.S. law or doing business with any individual or entity with whom U.S. companies may not do business; d.Engaging in, fostering or promoting any conduct related to: illegal gambling; terrorism; narcotics  trafficking; arms  trafficking, child  pornography, or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, including granting access to any individual or legal entity which is involved with or suspected of involvement in such activities or causes; and e.Disseminating or posting any material that is obscene, defamatory, libelous, threatening, or harassing in nature, is violent, incites or threatens violence, contains harassing content or hate speech, or is otherwise unlawful.

2.Abusive  Behavior.

Customer  may  not  use  the  Services  to  engage  in,  foster  or  promote  any activities that may interfere with or adversely affect the Services, the “UDigital Connect network or other customer networks, or the ability of others to access or use the Services, including, without limitation: a. Attempting to gain unauthorized access to, or to interfere with or compromise the normal functioning,  operation,  or  security  of  any  portion  of  any  system  or  network  security element, including “Untheckable Digital LLC” “UDigital Connect network;

b.Introducing, intentionally,  knowingly  or  recklessly,  any  virus  or  other malicious  or contaminating code into the Services

or a customer network;

1. Exploiting vulnerabilities in hardware or software for malicious purposes;
2. Violating the rules, regulations, or policies that apply to any third-party network, server, or computer database that you access; e. Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time  bombs,  zombies,  cancelbots  or  any  other  computer  or  other malicious  code  or  programming  routines  that  may  damage,  interfere  with,  secretly intercept or seize any system, program, data or personal information;

f.Engaging  in  conduct  that is abusive,  irresponsible  or reasonably  likely  to  result  in retaliation against “Untheckable Digital LLC” system, network, or employees, expose Untheckable Digital to any criminal or civil liability or otherwise harm “Untheckable Digital LLC” network, the Services or other customers; and g.Using the Services in a way that unnecessarily interferes with the normal operation of the

“UDigital Connect network and services generally or that consumes a disproportionate share of the resources of the system.

Inappropriate Use  of electronic  messages.  Customers  may  not  use  the  Services  to convey  or transmit unsolicited emails or messages including, without limitation, unsolicited bulk email, blogs or any messages, that messages could reasonably be expected to provoke complaints. Such prohibited conduct includes, without limitation: a. Sending or posting messages which are excessive and/or intended to harass or annoy others (i.e. spamming); b. Continuing to send or post messages to a recipient that has indicated that he/she does not wish to receive them; c. Engaging in any activity intended to conceal identity or contact information, including the

omission,  deletion,  forgery  or  misreporting  of  any  transmission  or  identification information, such as originating email address, internet domain or IP addresses, or the use of any false, misleading, or deceptive TCP-IP packet header or message information;

d.Sending malicious messages, including, but not limited to,“mail

-bombing”, “flooding”, “denial-of-service attacks”, or other

deliberate attempts to overload the target system and broadcast

attacks; e.Transmitting e-mail messages, files or other data that result or may result in blacklisting, service interruption, complaints, regulatory investigations or other conditions that may negatively affect the security of the “UDigital Connect network;

1. Any action which directly or indirectly results in any Untheckable Digital IP address space being listed on any abuse database (e.g. Spamhaus);
2. Collecting or using  information, including  e-mail  addresses,  screen  names  or  other identifiers, by deceit, (such as, phishing, Internet scamming, password robbery, spidering,

and harvesting) or distributing software that does the same;

h.Distributing advertisement delivery software without the affirmative consent of the user based on a clear and conspicuous notice of the nature of the software; and i.Sending, posting, transmitting or receiving any messages in a manner or a format that violates the use policies of any other service provider.

4.Competitive  Use. Customer  shall  not  access  the  Services  for  comparison  or  benchmarking purposes  or for  the  purpose  of  developing  or  operating  a  competitive  product  or  service.

Customer shall not use the Services to provide or operate any interconnection services, internet exchange, cloud on-ramp or similar

services.

5.High Risk Use.

Customer may not use the Services in any circumstance where a failure of the Services may cause harm to human life or

create a risk to a person’s health or public safety, or could cause physical or environmental damage, without “Untheckable Digital LLC” prior written consent.  Customer may not use the Services in any circumstance which compromises national security or interferes

with an investigation by law enforcement. Violations of the AUP

Untheckable Digital reserves the right to conduct investigations into violations of this AUP and may, without notice, report  to  the  appropriate  legal  authorities  any  conduct  that  Untheckable Digital  reasonably  believes to violate applicable law. Untheckable Digital will cooperate with appropriate legal authorities for suspected criminal violations and may provide any information

Untheckable Digital has about the Customer and/or individual user’s traffic. If Untheckable Digital becomes aware of a violation of this AUP, Untheckable Digital may take appropriate steps to protect the “UDigital Connect  network,  its  other  customers  and ensure  compliance, including  suspending  or terminating Customer’s  Services.

Customer  may  be  subject  to  reasonable  reinstatement  fees  in  the  event  of suspension or termination. Untheckable Digital shall not be liable to Customer or any third party for any damages of any nature which arise from Untheckable Digital exercising its rights under this AUP and no credit will be available for failure to meet any SLA for interruptions of Services resulting from any AUP violation. Customer agrees to indemnify Untheckable Digital in accordance with the MSA for any violation of the AUP which results in any Claim. In addition, Untheckable Digital reserves at all times all rights and remedies available to it with respect to such activities

at law or in equity. Untheckable Digital shall not be obligated to monitor or exercise any editorial control over any material stored, copied,

or communicated using the Services, but reserves the right to do so, including intercepting or blocking any content or traffic belonging to

Customers or to users whereServices are being used in violation of this AUP. If Untheckable Digital is legally required to permit any relevant authority to inspect a Customer’s content or traffic, Untheckable Digital can do so; provided that Untheckable Digital  will  give  Customer  reasonable  prior  notice  where  legally permissible.

Complaints regarding possible violations of the AUP should be sent to legal@untheckable.com and should include sufficient detail for Untheckable Digital to investigate and respond to the complaint, including contact information for the individual submitting such complaint.

Untheckable Digital LLC will not respond to anonymous correspondence and will refer  individuals  who  deliberately  attempt  to  mislead  us  regarding  their  identity  to  appropriate  law enforcement officials.