Privacy, Moderation Of Use And Acceptable Use Policies

1. Privacy Policy.

1.1 Privacy.

Upton Technologies is committed to respecting each Customer’s privacy. Once Customer chooses to provide personally identifiable information, if any, it will only be used in the context of Customer’s business relationship with Upton Technologies.

1.2 Personally Identifiable Information.

The types of personally identifiable information collected include, but are not limited to, name, username, contact and billing information and/or transaction and credit card information. Data collected online may also be combined with information provided during ownership registration of Upton Technologies products and services. In order to tailor subsequent communications and continuously improve products and services, Upton Technologies may ask Customer to voluntarily provide information regarding Customer’s business interests, demographics, product experience, and contact information. Upton Technologies strives to keep Customer’s personally identifiable information accurate. Upton Technologies is committed to ensuring the security of Customer’s information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of such information, appropriate procedures are in place to safeguard and secure the information collected. Upton Technologies uses encryption when collecting or transferring sensitive data, such as credit card information.

1.3 Use of Information.

Upton Technologies will not sell, rent, or lease Customer’s personally identifiable information to others. Unless required by applicable law, Upton Technologies will only share Customer’s personally identifiable information with business partners who are acting on Upton Technologies’s behalf to complete Services requested by Customer. Such business partners are governed by Upton Technologies’s privacy policy with respect to the use of this personally identifiable information. Unless required by applicable law, should a person or entity not governed by Upton Technologies’s privacy policy require Customer’s personally identifiable information, Customer’s permission will be obtained before releasing any personally identifiable information. If Customer chooses to share such personally identifiable information, the use of that personally identifiable information will be governed by such person or entity’s respective privacy policy. Upton Technologies uses Customer’s information to better understand Customer’s needs and continuously improve the level of service provided. Specifically, Customer’s information is used to help complete a transaction, to communicate back to Customer, to update Customer on services and benefits, and to personalize Upton Technologies’s website.

1.4 Storage of Information.

As part of Services, Upton Technologies may store and process Customer’s personal information, including but not limited to data, texts and/or voicemails in encrypted form at location(s) in the United States. This information will be stored at a secure location(s) with limited access by designated employees; it will be password protected; it will not be provided to third parties without your consent; it will be deleted at your request; and it will be provided to law enforcement officials if required in accordance with the laws of the United States.
Customer’s personal information will be protected to the same degree as required by US law, if applicable. Customer agrees to the storage and processing of its data in the United States.

2. Moderation of Use Policy.

The use of any Services that cause a disruption in the network integrity of Upton Technologies and/ or its Providers’ networks and systems, whether directly or indirectly, is strictly prohibited. This may include but is not limited to, IRC servers, adult-content servers, bots, and servers connected to Upton Technologies provided circuit or shared networks.

3. Acceptable Use Policy (“AUP”).

Customer agrees that it shall not use Services in any illegal, fraudulent, improper, inappropriate and/or unauthorized manner, including, but not limited to (provided, the following is not exhaustive and is provided solely as guidance to Customer), the following: Customer shall (a) comply with all applicable laws, regulations and rulings regarding the use of Services; (b) comply with the General Terms of Service and any applicable Additional Terms of Service; (c) not infringe on the intellectual property rights of any person or entity; (d) not violate the privacy of others; and/or (e) not otherwise violate this AUP. Customer is ultimately responsible for any and all activity that originates from Customer’s use of Services regardless of Customer’s knowledge of such activity, this includes, but is not limited to, activity by any of Customer’s end users, employees, friends, guests, invitees, licensees, customers, agents and/or any third party. Upton Technologies does not accept any responsibility for injury to Customer or any of its end users, employees, friends, guests, invitees, licensees, customers, agents and/or any third party that results in inaccurate, unsuitable, offensive, illegal and/or unlawful communications.
Moderation of Use and Acceptable Use Policies © Upton Technologies, April 2024. All rights reserved. applies to security breaches of Customer’s own systems by third parties who launch attacks from Customer’s system(s). It is absolutely imperative that Customer takes proper precautions to ensure the security of their systems if connected to Services. Customer is liable and accountable for any activity originating from Customer’s use of Services provided by Upton Technologies and that are deemed to be in violation of this AUP.

4. Remedies; Risk of Loss.

4.1 Remedies.

In the event of any activity that could be considered deliberately or otherwise abusive or in violation of the Moderation of Use Policy or AUP, Upton Technologies reserves the right to modify, suspend and/or terminate Customer’s account and/or any Services, immediately without advance notice. Upton Technologies reserves the right, at its sole and absolute discretion, to make a determination of what constitutes a violation and/or abuse of the Moderation of Use Policy or AUP and Customer agrees that Upton Technologies’s determination is final and binding on Customer.

4.2 Risk of Loss.

Customer, and not Upton Technologies, shall bear the risk of loss arising from unauthorized or fraudulent use of Services, except to the extent that all of the following apply: (a) Customer notified ICS of the problem; (b) the problem was solely within Upton Technologies’s control; and (c) Upton Technologies negligently or willfully failed to correct or prevent such problem. 4.3 Notice. Upton Technologies vigorously pursues all instances of abuse. If Customer feels it has been attacked or spammed, please notify Upton Technologies and appropriate action can be taken. Dated and effective as of April 1, 2024.

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