By using the products and/or services of DLVR, Inc. (“DLVR”), you agree to abide by the specified provisions of this Acceptable Use Policy (“AUP”) described in Section II. It is DLVR’s policy to post any changes we make to the AUP and provide a notice that the AUP has been updated on this page (https://www.dlvr.com/legal/aup). Continued use of DLVR’s products and/or services constitutes acceptance of the AUPs, as modified. The AUP was last revised on September 1, 2020 and will be effective on October 1, 2020.
Anyone may report a violation of the AUP by following the instructions in Section III.
II. ACCEPTABLE USE policy
DLVR’s products and services (collectively “Services”) may be not be used by any person or entity:
1. in any way that violates any applicable federal, state, local, or international law or regulation;
2. for fraudulent purposes;
3. for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content or asking for personally identifiable information;
4. to store, publish, display, or transmit obscene, defamatory, infringing, libelous, harassing, abusive, threatening or otherwise unlawful or tortious material;
5. to store or transmit material in violation of third-party privacy rights;
6. to send unsolicited messages or postings, including bulk commercial advertising or informational announcements and “spam”;
7. to compromise or attempt to compromise the security of any DLVR or third party network, system, server, or account;
8. to impersonate or attempt to impersonate DLVR, DVLR personnel, another customer or user, or any other person or entity; or
9. in any way that restricts or inhibits anyone’s use or enjoyment of DVLR’s Services or which, as determined by DLVR, may harm DVLR or users of DLVR’s services or expose them to liability.
III. REPORTING A VIOLATION OF the AUP
As a provider of content measurement and optimization, caching services, storage and removal of cached content by DLVR’s Services occurs automatically based on the actions of our customers.
Reports of a violation of the AUP described in Section II by DLVR’s customers or customers’ content that are directed to DLVR should:
1. be sent to firstname.lastname@example.org or mailed to the following address:
Attn: Corporate Counsel – Abuse
5555 E. Van Buren St
Phoenix, AZ 85008
2. identify exact uniform resource locator(s) (URLs) hosting the content in violation of the AUP;
3. document your efforts to contact the customer directly; and
4. provide an email address to permit our customer to contact you.
We will promptly forward this report to the applicable customer.
IV. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
DLVR complies with laws applicable to it and its Services and respects the intellectual rights of its customers, end users and third parties. DLVR operates as an intermediary to cache and deliver content hosted by others at the instruction of our customers. We cannot remove content hosted by others. As an intermediary, we are entitled to rely upon (among other things) the DMCA safe harbor available to system caching service providers and we maintain policies and procedures to terminate customers that would be considered repeat infringers under the DMCA. See 17 U.S.C. 512(b) available at http://www.copyright.gov/title17/92chap5.html#512.
Please direct claims of copyright infringement, including notices or counter-notices pursuant to DMCA to our Corporate Counsel – DMCA, DLVR, Inc., 5555 Van Buren St., Suite 235, Phoenix, AZ 85005, email: email@example.com with the following information in writing (see 17 U.S.C. 512(c)(3) for additional information):
1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of each exact uniform resource locator (URL) hosting the copyrighted work(s) and identification of the material located at each URL that is claimed to be infringing or to be the subject of infringing activity and that is requested to be removed or disabled;
3. information reasonably sufficient to permit our customer to contact you, such as an address, telephone number, and, if available, an electronic mail address;
4. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
5. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Unless it is reasonably apparent to us that our customer has already received a notice of infringement from you regarding particular content, we will forward all the information you provide in your notice, including your contact information, to our customer.
If you are a copyright owner or an agent thereof and believe that any content cached or delivered using DVLR’s Services or on any DLVR domain infringes upon your copyrights, we recommend that you submit a notification pursuant to the DMCA directly to the originating site. In order for a DMCA takedown notice to a system caching service provider to be effective under 17 U.S.C. 512(b), the notice provider must demonstrate either (a) that the content has already been removed from the originating site or (b) the notice provider has obtained a court order requiring the content be removed from the originating site or access to the content to be disabled.
Prior to filing a claim under 17 U.S.C. 512(c)(3) regarding a DVLR customer or customer’s content please review 17 U.S.C. 512(b) and note the following:
1. the content cached or delivered by DVLR’s services is not modified by DVLR except upon our customers’ instructions;
2. our Services do not change the advertising associated with the content from our customers’ originating site without authorization from our customers;
3. we comply with industry standard rules regarding refreshing, reloading or otherwise updating content;
4. our Services do not interfere with our customers’ technology that returns “hit” count information that otherwise would have been collected had the content not been cached; and
5. our Services do not bypass the conditions that our customers require for access to their content.