This Acceptable Use Policy (“AUP”) sets forth the rules that apply to the use of any of the services (collectively, the “Cloud Service”) provided by Earthly Technologies Inc. (“Earthly”, “us”, or “we”) by you (“Customer” or “you”). The examples described in this AUP are not exhaustive. We may modify this AUP at any time by posting a revised version on our website. By using the Cloud Service, you agree to the latest version of this AUP. We may monitor compliance with this AUP and investigate any violations.

If we determine that you or your content violates this AUP, we may remove or suspend access to your content or terminate your access to the Cloud Service in accordance with the applicable agreement between you and us. We may intercept or block any content or traffic belonging to you or to users where the Cloud Service is being used unlawfully or not in accordance with this AUP. We may report any activity that we suspect violates any law or regulation to law enforcement officials, regulators, or other appropriate third parties, and cooperate with them to investigate and prosecute illegal conduct. Our reporting may include disclosing information related to the violation of this AUP.

You are responsible for violations of this AUP by anyone using your account with your permission or on an unauthorized basis. Your use of the Cloud Service to assist another person in an activity that would violate this AUP if performed by you is a violation of the AUP. If you become aware of any violation of this AUP, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this AUP, please contact us at support@earthly.dev.

  • Content Restrictions. You will not upload, store, post or transmit content that:
    • Is obscene, defamatory, deceptive, harassing, threatening, hateful, offensive, or discriminatory;
    • Violates, or encourages others to violate, anyone else’s intellectual property, privacy, publicity or other rights;
    • Violates applicable laws or regulations;
    • Contains viruses, malware, malicious code, or similar harmful materials;
    • Involves selling or distributing controlled substances, including but not limited to any illegal or prescription drugs; or
    • Is intended to assist others in defeating technical measures intended to protect any third party’s rights.
  • Prohibited Conduct. You will not, and will not attempt to:
    • Engage in deceptive or illegal activities (including, “spoofing,” “phishing,” make-money-fast schemes, ponzi and pyramid schemes, phishing or pharming, or any similar schemes);
    • Perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, or accessing any Cloud Service account without permission;
    • Transmit spam or other unsolicited communications to other users;
    • Publish benchmark or performance information about the Cloud Service without our consent;
    • Use the Cloud Service in violation of data, privacy, or other applicable laws or regulations;
    • Use the Cloud Service to engage in, promote, support or facilitate hateful, discriminatory or violent activities, whether online or offline;
    • Use the Cloud Service to engage in “cryptomining” or similar activities, including any activities that involve compensation for “proof of work,” “proof of space,” or any similar activities;
    • Use the Cloud Service to disrupt any third-party service, including launching a “denial-of-service” attack or any similar attack;
    • Sell or otherwise transfer the access to the Cloud Service granted to you by us; or
    • Engage in any other activity that we reasonably determine on advice of counsel will cause liability to us.
  • No Disruption. You will not, and will not attempt to:
    • Access the Cloud Service through means we did not authorize (for instance, scraping, crawling, or penetration testing);
    • Monitor data or traffic on the Cloud Service or perform any vulnerability testing of the Cloud Service without our authorization;
    • Interfere with security-related features of the Cloud Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any Cloud Service content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Cloud Service, except to the extent that the activity is expressly permitted by applicable law or expressly agreed to by us in writing; or
    • Try to access other users’ data or accounts without their express permission.
  • Others. You will not, and will not attempt to, permit or encourage others to commit any of the actions above.