This Acceptable Use Policy describes the activities that are not allowed on the Devise network and defines terms of responsibility. In using the Services provided by Devise Graphics, Customers agree to comply with this policy and also to indemnify Devise and it's suppliers against any claims by third parties arising from violation of this Policy.
Devise reserves the right to make changes to this Acceptable Use Policy at any time, and any changes will be effective immediately upon posting to Devise's web site: www.devisegraphics.co.uk. Devise's Customers are responsible for regularly reviewing the Policy. Continued use of the Services following any changes shall constitute acceptance of the changes.
This policy recognises the fundamental fact that no one owns or controls the Internet. Devise cannot monitor or control all the activities of our Customers. We do not intend to actively screen, review, censor, edit or take responsibility for the activities or content of our Customers.
Definitions can be found in our Terms and Conditions.
The Customer, not Devise Graphics is considered to be the Primary System Administrator and assumes all responsibility relating to their activities including, but not limited to:
Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. Customers must exercise a high degree of judgement and responsibility with respect to their use of the Services, including the responsibility to comply with this Acceptable Use Policy.
Accounts and the Services therein may not be used to support, engage in or promote fraudulent, abusive or illegal acts, including but not limited to the hosting of any content, behaviour or services that:
Further, Devise Customers may not use Devise's Services for:
Devise has zero tolerance for the sending of SPAM or Unsolicited Commercial Email (UCE) over our network. Devise Customers cannot send UCE and cannot host sites or information advertised in UCE. Customers are also responsible for the actions of their clients and must take all reasonable precautions to secure their servers and sites against SPAM exploits (e.g. open email relays and insecure cgi scripts).
Devise does not permit:
To facilitate network/server management, inventory and related activities, all Devise Servers and Services include a Devise administrative account, Devise agent or other method of Devise administration. Reasonable precautions are taken by Devise to maintain the security of these tools and the privacy of client data. Customers should not tamper, hinder, delete, or in any way change the functioning of these Devise administration methods. To do so intentionally will breach the Devise Terms and Conditions and may affect our ability to deliver the service.
The Customer is responsible for the appropriateness and accuracy of licensing of any software, including the licensing of individual users that is not sold or explicitly licensed by Devise. Where Devise has sold or provided licensed software to the Customer, the Customer must on an on-going basis provide updates of user numbers, software installed and any other licensing data requested to Devise such that accurate licensing can be maintained. The Customer is liable to Devise for any financial impact where Devise's licensing is inaccurate under Devise's various Service Provider or Reseller License Agreements as a result of Customer action or inaction.
Customers purchasing or otherwise using Microsoft products are additionally bound by the Microsoft EULA, for which they (the Customer), are solely responsible for reviewing and implementing the necessary controls to meet the requirements of the EULA.
No penetration testing, vulnerability scanning or assessment or target reconnaissance or enumeration of Devise systems and networks or a Devise Customer solution and Services is by any Customer or third party permitted without written authorisation by Devise. This will typically be provided in the form of a Devise Customer Security Testing Consent Agreement, to be mutually agreed and executed by Devise, the Customer and Customer’s third parties.
Devise may, without prior notification to the Customer, alert the relevant authorities to any activity occurring on the Customer solution that is obviously in contravention of the laws under which Devise operates.
The Customer provides consent where Devise is required by law to cooperate with or permit investigation by relevant authorities including Law Enforcement Organisations, including the disclosure of Customer personal data or personal information or the interception or monitoring of Customer data or traffic. Where Devise is permitted to, we will make reasonable endeavours to inform and alert the Customer.
Where Devise receives notice of civil actions, DMCA takedown notices or other legal matters relating to the Customer’s hosted data, content or activities, the Customer consents that Devise may reasonably provide the issuer of such notices with the identity of or contact details for the Customer’s organisation.
For some shared resources we require that customers do not continuously use an unreasonable excess of those resources. Examples of an excess might include running software that deliberately uses all available CPU resource constantly or continuously using many times the base-allocation of unmetered bandwidth. In such circumstances we reserve the right, at our discretion, to request that the client cease such activities or be forcibly upgraded to a more suitable package or, in the case of excess use of unmetered bandwidth, be moved to a metered bandwidth connection.
Should the Customer breach the Devise AUP, Devise reserves the right to immediately blackhole or null-route, intercept or block traffic to or from the Customer’s Services, suspend and/or completely terminate the customer’s account in order to protect Devise's or Devises’s Customers’ Services, availability or reputation. No credit or compensation is available for service interruptions resulting from breach of the Devise AUP.
This Acceptable Use Policy (AUP) is not exhaustive. Devise has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the Acceptable Use Policy as outlined above.
Although most changes are likely to be minor, Devise Graphics may change its policies from time to time. Devise Graphics encourages visitors to frequently check this page for any changes to its policies. If we make changes, we will notify you by revising the change log below, and, in some cases, we may provide additional notice (such as adding a statement to our homepage or sending you a notification through e-mail or your dashboard). Your continued use of the Services after any change in this policy will constitute your consent to such change.
21st May 2018 Initial version.