Hypersky offered by Instadart, Inc.
Effective Date: October 22, 2021
Your use of the Hypersky Services is subject to this Acceptable Use Policy. If you are found to be in violation of our policies at any time, as determined by Hypersky in its sole discretion, we may warn You or suspend or terminate your account. Please note that we may change our Acceptable Use Policy at any time, and pursuant to the Hypersky Cloud Platform Terms of Service, it is your responsibility to keep up-to-date with and adhere to the policies posted here. All capitalized terms used herein have the meanings stated in the Terms, unless stated otherwise.
The Content displayed and/or processed through your Application or other web site utilizing the Hypersky Services shall not contain any of the following types of content:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Excessively profane content.
- Drug paraphernalia.
- Malicious content.
- Multi-level marketing.
- Affiliate marketing schemes.
- Pseudo pharmaceuticals.
- Social media activity.
- Content intended to advocate or advance computer hacking or cracking.
- Substances designed to mimic illegal drugs.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- Other illegal activity, including without limitation illegal export of controlled substances or illegal software.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Content that are otherwise prohibited by our financial and payment partners.
Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.
Content violates the United States laws.
In addition to (and/or as some examples of) the violations described in the Terms, You may not and may not allow any third party, including your End Users, to:
Generate or facilitate unsolicited commercial email ("spam"). Such activity includes, but is not limited to:
- sending email in violation any applicable anti-spam law;
- imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
- data mining any web property (including Hypersky) to find email addresses or other user account information;
- sending unauthorized mail via open, third-party servers;
- sending emails to users who have requested to be removed from a mailing list;
- selling, exchanging or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure; and
- sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.
Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
Conduct or forward pyramid schemes and the like;
Transmit content that may be harmful to minors;
Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission;
Use the Hypersky Services to violate the legal rights (such as rights of privacy and publicity) of others;
Promote or encourage illegal activity;
Interfere with other users' enjoyment of the Hypersky Services;
Perform significant load testing without first obtaining Instadart's written consent (email permitted), as otherwise these may be treated as denial-of-service attacks;
Sell, trade, resell or otherwise exploit the Hypersky Services for any unauthorized commercial purpose;
Remove any copyright, trademark or other proprietary rights notices contained in or on the Hypersky Services;
Reformat or frame any portion of the web pages that are part of the Hypersky Services' administration display;
Use the Hypersky Services in connection with illegal peer-to-peer file sharing;
Use the Hypersky Services to "mine" bitcoins and other cryptocurrencies;
Display any content on the Hypersky Services that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
Modify the Hypersky logo or any other Hypersky Marks; or
Use the Hypersky Services, or any interfaces provided with the Hypersky Services, to access any Hypersky product or service in a manner that violates the Terms or other terms and conditions for use of such Hypersky product or service.
Suspension and termination
We will determine, in our absolute discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of website use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the Acceptable Use Policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.