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milonmaze / privacy-terms-observatory

Privacy Terms Observatory is an archive of published privacy and terms of popular websites.

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diff --git a/www.digitalocean.com/legal/privacy-policy.md b/www.digitalocean.com/legal/privacy-policy.md index b6e19c4..d4aabca 100644 --- a/www.digitalocean.com/legal/privacy-policy.md +++ b/www.digitalocean.com/legal/privacy-policy.md @@ -2,24 +2,25 @@ Legal & Security Privacy Policy Privacy Policy -Last updated: July 31, 2020 +Last Updated on July 31, 2020 -This Privacy Policy describes how DigitalOcean, LLC and its affiliates ("DigitalOcean," "we," "our" or "us") collect, use, and share information in connection with your use of our websites (including www.digitalocean.com), services, and applications (collectively, the "Services"). This Privacy Policy (the "Privacy Policy") does not apply to information our customers may process when using our Services. +This Privacy Policy describes how DigitalOcean, LLC and its affiliates (“DigitalOcean,” “we,” “our” or “us”) collect, use, and share information in connection with your use of our websites (including www.digitalocean.com), services, and applications (collectively, the “Services”). This Privacy Policy (the “Privacy Policy”) does not apply to information our customers may process when using our Services. If you are looking for CCPA-specific information, check out our CCPA Privacy Notice as well, which is incorporated into this Privacy Policy. -We may collect and receive information about users of our Services ("users," "you," or "your") from various sources, including: (i) information you provide through your user account on the Services (your "Account") if you register for the Services; (ii) your use of the Services; and (iii) from third-party websites, services, and partners. +We may collect and receive information about users of our Services (“users,” “you,” or “your”) from various sources, including: (i) information you provide through your user account on the Services (your “Account”) if you register for the Services; (ii) your use of the Services; and (iii) from third-party websites, services, and partners. -We recommend that you read this Privacy Policy in full, including the Additional Disclosures referenced at the bottom of this document, to ensure you are fully informed. If you have any questions about this Privacy Policy or DigitalOcean's data collection, use, and disclosure practices, please contact us at privacy@digitalocean.com. +We recommend that you read this Privacy Policy in full, including the Additional Disclosures referenced at the bottom of this document, to ensure you are fully informed. If you have any questions about this Privacy Policy or DigitalOcean’s data collection, use, and disclosure practices, please contact us at privacy@digitalocean.com. 1. Information We Collect + Information You Provide I. Account Registration. When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number. If you choose to refer a friend to our Services, we may also collect your friend’s email address so that we may send them a referral or promotional code to sign up for our Services.\ II. Payment Information. When you add your financial account information to your Account, that information is directed to our third-party payment processor. We do not store your financial account information on our systems; however, we have access to, and may retain, subscriber information through our third-party payment processor. -III. User Content. Our "Community" feature allows you to publicly post content on our Services. By registering for our Community, you agree that your profile information and the content you post may be viewed and used by other users and third parties we do not control. +III. User Content. Our “Community” feature allows you to publicly post content on our Services. By registering for our Community, you agree that your profile information and the content you post may be viewed and used by other users and third parties we do not control. IV. Communications. If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. We may also receive a confirmation when you open an email from us. @@ -27,13 +28,14 @@ The personal information that you are asked to provide, and the reasons why you Information We Collect When You Use Our Services. -I. Cookies and Other Tracking Technologies. As is true of most websites, we gather certain information automatically and store it in log files. In addition, when you use our Services, we may collect certain information automatically from your device. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data, landing page, and referring URL. To collect this information, a cookie may be set on your computer or device when you visit our Services. Cookies contain a small amount of information that allows our web servers to recognize you. We store information that we collect through cookies, log files, and/or clear gifs to record your preferences. We may also automatically collect information about your use of features of our Services, about the functionality of our Services, frequency of visits, and other information related to your interactions with the Services. We may track your use across different websites and services. In some countries, including countries in the European Economic Area ("EEA"), the information referenced above in this paragraph may be considered personal information under applicable data protection laws. +I. Cookies and Other Tracking Technologies. As is true of most websites, we gather certain information automatically and store it in log files. In addition, when you use our Services, we may collect certain information automatically from your device. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data, landing page, and referring URL. To collect this information, a cookie may be set on your computer or device when you visit our Services. Cookies contain a small amount of information that allows our web servers to recognize you. We store information that we collect through cookies, log files, and/or clear gifs to record your preferences. We may also automatically collect information about your use of features of our Services, about the functionality of our Services, frequency of visits, and other information related to your interactions with the Services. We may track your use across different websites and services. In some countries, including countries in the European Economic Area (“EEA”), the information referenced above in this paragraph may be considered personal information under applicable data protection laws. II. Usage of our Services. When you use our Services, we may collect information about your engagement with and utilization of our Services, such as processor and memory usage, storage capacity, navigation of our Services, and system-level metrics. We use this data to operate the Services, maintain and improve the performance and utilization of the Services, develop new features, protect the security and safety of our Services and our customers, and provide customer support. We also use this data to develop aggregate analysis and business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business. Information We Receive from Third Parties. I. Third-Party Accounts. If you choose to link our Services to a third-party account, we will receive information about that account, such as your authentication token from the third-party account, to authorize linking. If you wish to limit the information available to us, you should visit the privacy settings of your third-party accounts to learn about your options. + 2. How We Use Information We use the information we collect in various ways, including to: @@ -88,7 +90,7 @@ When we have no ongoing legitimate business need to process your personal inform If you are a registered user, you may access certain information associated with your Account by logging into our Services or emailing privacy@digitalocean.com. If you terminate your Account, any public activity on your Account prior to deletion may remain stored on our servers and may remain accessible to the public. -To protect your privacy and security, we may also take reasonable steps to verify your identity before updating or removing your information. The information you provide us may be archived or stored periodically by us according to backup processes conducted in the ordinary course of business for disaster recovery purposes. Your ability to access and correct your information may be temporarily limited where access and correction could: inhibit DigitalOcean's ability to comply with a legal obligation; inhibit DigitalOcean's ability to investigate, make or defend legal claims; result in disclosure of personal information about a third party; or result in breach of a contract or disclosure of trade secrets or other proprietary business information belonging to DigitalOcean or a third party. +To protect your privacy and security, we may also take reasonable steps to verify your identity before updating or removing your information. The information you provide us may be archived or stored periodically by us according to backup processes conducted in the ordinary course of business for disaster recovery purposes. Your ability to access and correct your information may be temporarily limited where access and correction could: inhibit DigitalOcean’s ability to comply with a legal obligation; inhibit DigitalOcean’s ability to investigate, make or defend legal claims; result in disclosure of personal information about a third party; or result in breach of a contract or disclosure of trade secrets or other proprietary business information belonging to DigitalOcean or a third party. 9. Your Data Protection Rights Under the General Data Protection Regulation (GDPR) @@ -96,7 +98,7 @@ If you are a resident of the EEA, you have the following data protection rights: If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time by emailing privacy@digitalocean.com. In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by emailing privacy@digitalocean.com. -You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us by emailing privacy@digitalocean.com. +You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us by emailing privacy@digitalocean.com. Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent. You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. @@ -110,7 +112,7 @@ You may unsubscribe from receiving certain promotional emails from us. If you wi Many browsers have an option for disabling cookies, which may prevent your browser from accepting new cookies or enable selective use of cookies. Please note that, if you choose not to accept cookies, some features and the personalization of our Services may no longer work for you. You will continue to receive advertising material but it will not be tailored to your interests. -11. Children's Privacy +11. Children’s Privacy DigitalOcean does not knowingly collect information from children under the age of 13, and children under 13 are prohibited from using our Services. If you learn that a child has provided us with personal information in violation of this Privacy Policy, you can alert us at privacy@digitalocean.com. @@ -148,6 +150,7 @@ Press Legal Trust Platform Investor Relations +DO Impact Products Products Overview Droplets

39a12dd2047b253ab55616b00917535e2b831814: https://www.digitalocean.com/legal/terms-of-service-agreement @ 2022-04-09

difference captured:

diff --git a/www.digitalocean.com/legal/terms-of-service-agreement.md b/www.digitalocean.com/legal/terms-of-service-agreement.md
index abd50db..fe941bb 100644
--- a/www.digitalocean.com/legal/terms-of-service-agreement.md
+++ b/www.digitalocean.com/legal/terms-of-service-agreement.md
@@ -2,8 +2,9 @@ Legal & Security
 Terms of Service Agreement
 Terms of Service Agreement

-Effective on October 22, 2020
-Prior TOS available here.
+Last Updated on February 5, 2022
+
+Effective on October 22, 2020 Prior TOS available here.

 Introduction

@@ -121,7 +122,7 @@ Except for the specific Services provided to you under this TOS or other express

 5.5 We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) respond to any applicable law, regulation, legal process or governmental request; (ii) enforce this TOS, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public. More information is available in our Law Enforcement Guidelines.

-5.6 As a reward for being early adopters of the Services, some Users with older Accounts received free bandwidth promotions contingent on their Accounts remaining operative, in good standing, and in compliance with this TOS ("Free Bandwidth Accounts"). Free Bandwidth Accounts will no longer receive free bandwidth if: (a) such Accounts are transferred in ownership to third party; (b) such Free Bandwidth Accounts are used in violation of this TOS (including the AUP); or (c) such Free Bandwidth Accounts are used in connection with any of the following activities: (i) run Torrents for download or Seed Servers, TOR, or services that include content of an adult or pornographic nature; (ii) resell or otherwise offer as a service such free bandwidth to third parties; or (iii) otherwise circumvent or attempt to circumvent the intended use of Free Bandwidth Accounts by redistributing the benefits of free bandwidth to third parties.
+5.6 As a reward for being early adopters of the Services, some Users with older Accounts received free bandwidth promotions contingent on their Accounts remaining operative, in good standing, and in compliance with this TOS (“Free Bandwidth Accounts”). Free Bandwidth Accounts will no longer receive free bandwidth if: (a) such Accounts are transferred in ownership to third party; (b) such Free Bandwidth Accounts are used in violation of this TOS (including the AUP); or © such Free Bandwidth Accounts are used in connection with any of the following activities: (i) run Torrents for download or Seed Servers, TOR, or services that include content of an adult or pornographic nature; (ii) resell or otherwise offer as a service such free bandwidth to third parties; or (iii) otherwise circumvent or attempt to circumvent the intended use of Free Bandwidth Accounts by redistributing the benefits of free bandwidth to third parties.

 5.7 The Services are subject to the trade and economic sanctions maintained by the Office of Foreign Assets Control (“OFAC”). By accessing the Services, you agree to comply with these laws and regulations. Specifically, you represent and warrant that you are not (a) located in any country that is subject to OFAC’s trade and economic sanctions, currently Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine; or (b) an individual or entity included on any U.S. lists of prohibited parties including: the Treasury Department’s List of Specially Designated Nationals List (“SDN List”) and Sectoral Sanctions List (“SSI List”). Additionally, you agree not to – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any service received from DigitalOcean in contradiction with these laws and regulations. Failure to comply with these laws and regulations may result in the suspension or termination of your Account.

@@ -129,17 +130,17 @@ Except for the specific Services provided to you under this TOS or other express

 5.9 You shall utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with account access information. You are solely responsible for any unauthorized access to your Account, and must notify DigitalOcean immediately of any such unauthorized access upon becoming aware of it.

-5.10 You shall notify DigitalOcean if and when you learn of any security incidents or breaches affecting the Websites or Services, including unauthorized access to your Account or Account credentials, and shall aid in any investigation or legal action that is taken by authorities and/or DigitalOcean to investigate and cure the security incident or breach to the extent caused by your Account or your use of the Websites and Services. Our Data Processing Agreement includes more information about security incidents as they pertain to certain personal data.  
+5.10 You shall notify DigitalOcean if and when you learn of any security incidents or breaches affecting the Websites or Services, including unauthorized access to your Account or Account credentials, and shall aid in any investigation or legal action that is taken by authorities and/or DigitalOcean to investigate and cure the security incident or breach to the extent caused by your Account or your use of the Websites and Services. Our Data Processing Agreement includes more information about security incidents as they pertain to certain personal data.

 6. Payments and Billing

-6.1 We use third-party payment processors (the "Payment Processors") to bill you through the payment account(s) linked to your Account (your "Billing Information"). The processing of payments may be subject to the terms, conditions and policies of the Payment Processors in addition to this TOS. We are not responsible for acts or omissions of the Payment Processors. You agree to pay us, through the Payment Processors or as otherwise agreed to by DigitalOcean, all sums for Services you select or use at applicable prices in accordance with our pricing and billing policies (DigitalOcean Cloud Dashboard (https://cloud.digitalocean.com/) when logged into your DigitalOcean account) and you hereby authorize us and applicable Payment Processors to charge all such sums (including all applicable taxes) to the payment method(s) specified in or linked to your Account (your "Payment Method").
+6.1 We use third-party payment processors (the “Payment Processors”) to bill you through the payment account(s) linked to your Account (your “Billing Information”). The processing of payments may be subject to the terms, conditions and policies of the Payment Processors in addition to this TOS. We are not responsible for acts or omissions of the Payment Processors. You agree to pay us, through the Payment Processors or as otherwise agreed to by DigitalOcean, all sums for Services you select or use at applicable prices in accordance with our pricing and billing policies (DigitalOcean Cloud Dashboard (https://cloud.digitalocean.com/) when logged into your DigitalOcean account) and you hereby authorize us and applicable Payment Processors to charge all such sums (including all applicable taxes) to the payment method(s) specified in or linked to your Account (your “Payment Method”).

 6.2 You must provide current, complete and accurate information for your Account and Billing Information, and must promptly update all such information in the event of changes (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us or our Payment Processors if your payment method is canceled (e.g., for loss or theft) or otherwise inoperable. Changes to such information can be made in your account settings.

 6.3 By entering into this TOS and using the Services, you agree to be billed on a recurring basis and to be automatically charged by us or our Payment Processors using your Payment Methods upon invoicing. If your Payment Method or payment of fees is subject to other terms and conditions, as set forth in order forms, invoices or otherwise, then those other terms and conditions apply in addition to this TOS. You may also be billed an amount up to your current balance at any time to verify the accuracy of your account information. We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Websites and Services at any time at our sole discretion, including for nonpayment, late payment, or failure to charge your Payment Methods upon invoicing.

-6.4 You are responsible for any duties, customs fees, taxes, and related penalties, fines, audits, interest and back-payments relating to your purchase of the Services, including but not limited to national, state or local sales taxes, use taxes, value-added taxes (VAT) and goods and services taxes (GST) (collectively, "Taxes"). Unless otherwise stated, our pricing policies do not include and are not discounted or enhanced for any such Taxes. If we become obligated to collect or pay Taxes in connection with your purchase of the Services, those Taxes will be invoiced to you as part of a billing process or collected at the time of purchase. In certain states, countries and territories, we may determine if your purchase of Services is subject to certain Taxes, and if so, may collect such Taxes and remit them to the appropriate taxing authority. If you believe that a given Tax does not apply or that some amount must be withheld from payments to us, you must promptly provide us with a tax certificate, withholding receipt, tax identifier (e.g., VAT ID) or other adequate proof, provided such information is valid and sufficiently authorized by all appropriate taxing authorities. You must also provide us with any tax identification information that is necessary for us to comply with our tax obligations, as we determine from time to time. You will be solely responsible for any misrepresentations made or non-compliance caused by you regarding Taxes, whether with respect to us or other parties, including any penalties, fines, audits, interest, back-payments or further taxes associated with such misrepresentations or non-compliance.
+6.4 You are responsible for any duties, customs fees, taxes, and related penalties, fines, audits, interest and back-payments relating to your purchase of the Services, including but not limited to national, state or local sales taxes, use taxes, value-added taxes (VAT) and goods and services taxes (GST) (collectively, “Taxes”). Unless otherwise stated, our pricing policies do not include and are not discounted or enhanced for any such Taxes. If we become obligated to collect or pay Taxes in connection with your purchase of the Services, those Taxes will be invoiced to you as part of a billing process or collected at the time of purchase. In certain states, countries and territories, we may determine if your purchase of Services is subject to certain Taxes, and if so, may collect such Taxes and remit them to the appropriate taxing authority. If you believe that a given Tax does not apply or that some amount must be withheld from payments to us, you must promptly provide us with a tax certificate, withholding receipt, tax identifier (e.g., VAT ID) or other adequate proof, provided such information is valid and sufficiently authorized by all appropriate taxing authorities. You must also provide us with any tax identification information that is necessary for us to comply with our tax obligations, as we determine from time to time. You will be solely responsible for any misrepresentations made or non-compliance caused by you regarding Taxes, whether with respect to us or other parties, including any penalties, fines, audits, interest, back-payments or further taxes associated with such misrepresentations or non-compliance.

 6.5 We may offer Service credits from time to time, and any provision of such credits is governed by the disclosures, terms and policies concerning the credits. You acknowledge and agree that all credits, whether previously offered or otherwise, are revocable or subject to early expiration at any time and for any reason or no reason by us, including for abuse, misrepresentation of Account information, unauthorized transfer, or illegal conduct by you.

@@ -153,11 +154,11 @@ The Websites and Services may include links to third party websites, services or

 8.2 You may not use Confidential Information except in connection with your use of the Service as permitted under this TOS or as separately authorized in a signed writing by us. You agree to not disclose Confidential Information during the term of this TOS, after you cease using the Services and after this TOS otherwise no longer applies. You will take all reasonable measures to avoid disclosure or unauthorized use of Confidential Information, including at least the measures you take to protect your own confidential information of a similar nature.

-8.3 We may offer "beta" versions or features of the Services (each, a "Beta Service"). Any production candidate or non-production version of Services or other version of the Services designated as a beta or testing version is considered a Beta Service under this TOS. We will determine, at our sole discretion, the availability, duration, features, and components of each Beta Service. If we permit you to use a Beta Service, you agree that information we provide relating to the Beta Service is Confidential Information, and you specifically agree, in addition to the other requirements set forth in this TOS, to not: (i) use the Beta Service for benchmarking or performance testing or to publicly disseminate performance information or analysis from any source relating to the Service; (ii) modify or create derivative works of the Beta Service or remove any product identification, proprietary, copyright or other notices contained in the Beta Service; or (iii) allow any other individual to access or use the Beta Service. We, at our sole discretion, shall determine whether or not to continue to offer any Beta Service, and may cease offering any Beta Service at any time.
+8.3 We may offer “beta” versions or features of the Services (each, a “Beta Service”). Any production candidate or non-production version of Services or other version of the Services designated as a beta or testing version is considered a Beta Service under this TOS. We will determine, at our sole discretion, the availability, duration, features, and components of each Beta Service. If we permit you to use a Beta Service, you agree that information we provide relating to the Beta Service is Confidential Information, and you specifically agree, in addition to the other requirements set forth in this TOS, to not: (i) use the Beta Service for benchmarking or performance testing or to publicly disseminate performance information or analysis from any source relating to the Service; (ii) modify or create derivative works of the Beta Service or remove any product identification, proprietary, copyright or other notices contained in the Beta Service; or (iii) allow any other individual to access or use the Beta Service. We, at our sole discretion, shall determine whether or not to continue to offer any Beta Service, and may cease offering any Beta Service at any time.

 9. No Warranty

-9.1 The Websites and Services, including without limitation any content delivered as a part thereof, are provided "as is" and on an "as available" basis. DigitalOcean disclaims all warranties of any kind, whether express or implied, relating to the Websites and Services and all content delivered in connection thereto, including but not limited to: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; (b) any warranty arising out of course of dealing, usage, or trade; or (c) any warranty or guaranty relating to availability, accuracy, error rate, system integrity, or uninterrupted access. We do not warrant that: (i) the Websites or Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Websites or Services is free of viruses or other harmful components; or (iv) the results of using the Websites or Services will meet your requirements. Your use of the Websites and Services is solely at your own risk.
+9.1 The Websites and Services, including without limitation any content delivered as a part thereof, are provided “as is” and on an “as available” basis. DigitalOcean disclaims all warranties of any kind, whether express or implied, relating to the Websites and Services and all content delivered in connection thereto, including but not limited to: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; (b) any warranty arising out of course of dealing, usage, or trade; or © any warranty or guaranty relating to availability, accuracy, error rate, system integrity, or uninterrupted access. We do not warrant that: (i) the Websites or Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Websites or Services is free of viruses or other harmful components; or (iv) the results of using the Websites or Services will meet your requirements. Your use of the Websites and Services is solely at your own risk.

 To the fullest extent permitted by law, we have no liability for Vendor Offerings. Rather, if applicable, all limited warranties, warranty disclaimer, limitations of liability and other specific provisions regarding the Vendor Offerings can be found in the DigitalOcean Marketplace Terms and Conditions or, if applicable, the agreement between you and the Vendor.

@@ -175,7 +176,7 @@ To the fullest extent permitted by law, we have no liability for Vendor Offering

 11. Indemnification

-To the fullest extent permitted by law, you are responsible for your use of the Websites and Services, and you shall defend, indemnify, and hold harmless us and our employees, officers, directors, agents, contractors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and costs, that arise from or relate to your Services Content, User Content, your End Users, or your access to or use of the Websites and Services, including your breach of this TOS or applicable law, willful misconduct, negligence, illegal activity, breach of security or data, unauthorized access to or use of your Account, or infringement of a third party’s right, including any intellectual property, confidentiality, property or privacy right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without limiting your indemnification obligations with respect to that matter, in which event you will make best efforts to assist and cooperate with us in defending the matter at your expense.
+To the fullest extent permitted by law, you are responsible for your use of the Websites and Services, and you shall defend, indemnify, and hold harmless us and our employees, officers, directors, agents, contractors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and costs, that arise from or relate to your Services Content, User Content, your End Users, or your access to or use of the Websites and Services, including your breach of this TOS or applicable law, willful misconduct, negligence, illegal activity, breach of security or data, unauthorized access to or use of your Account, or infringement of a third party’s right, including any intellectual property, confidentiality, property or privacy right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without limiting your indemnification obligations with respect to that matter, in which event you will make best efforts to assist and cooperate with us in defending the matter at your expense.

 12. Termination

@@ -215,7 +216,7 @@ While we prefer to give advance notice of termination, we reserve the right, in

 14.8 Relationship of the Parties. The parties are independent contractors. This TOS does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.

-14.9 Force Majeure. DigitalOcean shall not be liable for nonperformance of the terms herein to the extent that DigitalOcean is prevented from performing as a result of any act or event which occurs and is beyond DigitalOcean's reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, epidemic, pandemic or any unforeseen change in circumstances, or any other causes beyond our reasonable control.
+14.9 Force Majeure. DigitalOcean shall not be liable for nonperformance of the terms herein to the extent that DigitalOcean is prevented from performing as a result of any act or event which occurs and is beyond DigitalOcean’s reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, epidemic, pandemic or any unforeseen change in circumstances, or any other causes beyond our reasonable control.

 14.10 No Third-Party Beneficiaries. This TOS does not create any third party beneficiary rights in any individual or entity that is not a party to this TOS.

@@ -235,6 +236,7 @@ Press
 Legal
 Trust Platform
 Investor Relations
+DO Impact
 Products
 Products Overview
 Droplets

diff --git a/www.digitalocean.com/legal/terms-of-service-agreement.md b/www.digitalocean.com/legal/terms-of-service-agreement.md index fe941bb..220ef36 100644 --- a/www.digitalocean.com/legal/terms-of-service-agreement.md +++ b/www.digitalocean.com/legal/terms-of-service-agreement.md @@ -1,11 +1,5 @@ -Legal & Security Terms of Service Agreement -Terms of Service Agreement - -Last Updated on February 5, 2022 - -Effective on October 22, 2020 Prior TOS available here. - +Last Updated on May 11, 2023 Introduction Welcome to DigitalOcean’s Terms of Service! The first portion of our Terms of Service is an introduction, which is structured like an FAQ and lays out some high-level concepts before diving into other terms. @@ -20,11 +14,12 @@ Data Processing Agreement, which outlines the terms of data processing on your b Acceptable Use Policy (the “AUP”), which outlines prohibited uses of our Services Privacy Policy, which outlines how we collect, use, and share data in our Websites and Services Marketplace Terms of Service, which outlines the terms for vendors in the DigitalOcean Marketplace +Promotional Credit Terms, which outline the terms of any credits we may offer or provide Whom does this TOS apply to? When we refer to “DigitalOcean” or we use pronouns like “we”, “us” or “our”, we are referring to DigitalOcean, LLC as well as its parents, affiliates and subsidiaries. -When we refer to the “User”, we are talking about you, and we will also use words like “you” and “your” to refer to you. Who “you” are can get more complicated if you are using our services on behalf of a company, organization, or other entity. In that case, you are representing to us that you have the authority to bind your company, organization, other entity to this TOS and that you agree to be legally bound by this TOS on behalf of such entity (and “User”, “you”, and “your” then refer to such entity). If you aren’t sure what this means or whether you are authorized to bind your company, organization, or entity to this contract, you should ask others in your organization to get clarification about authority. +When we refer to the “User”, we are talking about you, and we will also use words like “you” and “your” to refer to you. Who “you” are can get more complicated if you are using our services on behalf of a company, organization, or other entity. In that case, you are representing to us that you have the authority to bind your company, organization, other entity to this TOS and that you agree to be legally bound by this TOS on behalf of such entity (and “User”, “you”, and “your” then refer to such entity). If you aren’t sure what this means or whether you are authorized to bind your company, organization, or entity to this contract, you should ask others in your organization to get clarification about authority.** What is the TOS? @@ -106,9 +101,9 @@ You are solely responsible for the development, moderation, operation, maintenan Your Services Content, and your or your End Users’ use of your Services Content, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade a right of privacy, publicity or other property rights of any other person; or (iii) cause us to violate any law, regulation, rule, or rights of third parties; and Except for the specific Services provided to you under this TOS or other express contract, you are solely responsible for the technical operation of your Services Content, including on behalf of your End Users. -4.5 You are responsible for properly configuring and using the Services and taking your own steps to maintain appropriate security, protection and backup of your Services Content, which may include the use of encryption technology to protect your Services Content from unauthorized access and routine archiving your Services Content. DigitalOcean does not promise to retain any preservations or backups of your Services Content. You are solely responsible for the integrity, preservation and backup of your Services Content, regardless of whether your use of Services includes a DigitalOcean backup feature or functionality, and to the fullest extent permitted by law, DigitalOcean shall have no liability for any data loss, unavailability, or other consequences related to the foregoing. +4.6 You are responsible for properly configuring and using the Services and taking your own steps to maintain appropriate security, protection and backup of your Services Content, which may include the use of encryption technology to protect your Services Content from unauthorized access and routine archiving your Services Content. DigitalOcean does not promise to retain any preservations or backups of your Services Content. You are solely responsible for the integrity, preservation and backup of your Services Content, regardless of whether your use of Services includes a DigitalOcean backup feature or functionality, and to the fullest extent permitted by law, DigitalOcean shall have no liability for any data loss, unavailability, or other consequences related to the foregoing. -4.6 When purchasing Services, you may specify the geographic region and jurisdiction in which your Services Content will be stored. You consent to the storage of your Services Content in, and transfer of your Services Content into, the geographic region and jurisdiction you select. Unless otherwise agreed in writing between you and DigitalOcean, you agree that DigitalOcean may transfer and store your Services Content in other geographic regions or jurisdictions at its sole discretion. You represent and warrant that such storage and transfer are adequately consented to by you and permissible pursuant to applicable laws, regulations, rules, and third party rights. +4.7 When purchasing Services, you may specify the geographic region and jurisdiction in which your Services Content will be stored. You consent to the storage of your Services Content in, and transfer of your Services Content into, the geographic region and jurisdiction you select. Unless otherwise agreed in writing between you and DigitalOcean, you agree that DigitalOcean may transfer and store your Services Content in other geographic regions or jurisdictions at its sole discretion. You represent and warrant that such storage and transfer are adequately consented to by you and permissible pursuant to applicable laws, regulations, rules, and third party rights. 5. Rules of Conduct @@ -154,7 +149,13 @@ The Websites and Services may include links to third party websites, services or 8.2 You may not use Confidential Information except in connection with your use of the Service as permitted under this TOS or as separately authorized in a signed writing by us. You agree to not disclose Confidential Information during the term of this TOS, after you cease using the Services and after this TOS otherwise no longer applies. You will take all reasonable measures to avoid disclosure or unauthorized use of Confidential Information, including at least the measures you take to protect your own confidential information of a similar nature. -8.3 We may offer “beta” versions or features of the Services (each, a “Beta Service”). Any production candidate or non-production version of Services or other version of the Services designated as a beta or testing version is considered a Beta Service under this TOS. We will determine, at our sole discretion, the availability, duration, features, and components of each Beta Service. If we permit you to use a Beta Service, you agree that information we provide relating to the Beta Service is Confidential Information, and you specifically agree, in addition to the other requirements set forth in this TOS, to not: (i) use the Beta Service for benchmarking or performance testing or to publicly disseminate performance information or analysis from any source relating to the Service; (ii) modify or create derivative works of the Beta Service or remove any product identification, proprietary, copyright or other notices contained in the Beta Service; or (iii) allow any other individual to access or use the Beta Service. We, at our sole discretion, shall determine whether or not to continue to offer any Beta Service, and may cease offering any Beta Service at any time. +8.3 We may offer access to or use of certain features, technologies, data centers regions, and services that are not yet generally available, including, but not limited to, any products, services, or features labeled “beta”, “preview”, “pre-release”, or “experimental” (each, a “Beta Service”). You must comply with all terms related to any Beta Service as posted on the Website or otherwise made available to you. We may add or modify terms, including lowering or raising any usage limits, related to access to or use of any Beta Services at any time. Service Level Agreements do not apply to Beta Services. + +8.4. You may provide us with information relating to your access, use, testing, or evaluation of Beta Services, including observations or information regarding the performance, features, and functionality of Beta Services (“Test Observations”). We will own and may use and evaluate all Test Observations for its own purposes. You will not use any Test Observations except for your internal evaluation purposes of any Beta Service. Suggestions concerning a Beta Service, and any other information about or involving (including the existence of) any Beta Service are considered Confidential Information. + +8.5. We may suspend or terminate your access to or use of any Beta Service at any time. Your access to and use of each Beta Service will automatically terminate upon the release of a generally available version of the applicable Beta Service or upon notice of termination by us. Notwithstanding anything to the contrary in the TOS, after suspension or termination of your access to or use of any Beta Service for any reason, (a) you will not have any further right to access or use the applicable Beta Service, and (b) Your Services Content used in the applicable Beta Service may be deleted or inaccessible. + +8.6. WITHOUT LIMITING ANY DISCLAIMERS IN THIS TOS, BETA SERVICES ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS, OR HARMFUL COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS TOS, WE ARE PROVIDING BETA SERVICES AND BETA REGIONS TO YOU “AS IS.” DIGITALOCEAN AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING BETA SERVICES, INCLUDING ANY WARRANTY THAT THE BETA SERVICES WILL BECOME GENERALLY AVAILABLE, BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR SERVICES CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, DIGITALOCEAN AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. DIGITALOCEAN’S AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY FOR ANY BETA SERVICES WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS TOS FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE MONTH PRECEDING THE CLAIM. 9. No Warranty @@ -202,7 +203,7 @@ While we prefer to give advance notice of termination, we reserve the right, in 14.1 Updates and Modifications. DigitalOcean reserves the right to update, change or otherwise modify this TOS on a going-forward basis at any time and in DigitalOcean’s sole discretion. If DigitalOcean updates this TOS, DigitalOcean may provide notice of such updates, such as by sending an email notification to the email address listed in your Account and/or updating the “Last Updated” date at the beginning of this TOS. Updates will be effective on the date specified in the notice. By continuing to access or use the Websites or Services after the date specified in the notice or updated TOS, you are agreeing to accept and be bound by the updated TOS and all of the terms incorporated therein. If you do not agree to the updated TOS, then you may not continue to use the Websites or Services and your sole and exclusive remedy is to deactivate your Account and otherwise discontinue use of the Websites and/or Services. -14.2 General. This TOS, including all documents expressly incorporated by reference herein, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Use of section headers in this TOS is for convenience only and will not have any impact on the interpretation of any provision. Any use of the singular shall be reasonably construed as if it also includes the plural, and vice versa. If not already specified, any use of “including” or “such as” shall be construed to mean “including but not limited to.” If any part of this TOS is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of this TOS, or any provision of this TOS, be a waiver of any subsequent breach or default or a waiver of the provision itself. +14.2 General. This TOS, including all documents expressly incorporated by reference herein, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No provision of any purchase order, agreement, or business form employed by a User, including any electronic invoicing portals and vendor registration processes, will supersede the terms and conditions of this TOS, and any such document relating to this TOS shall be for administrative purposes only and shall have no legal effect. Use of section headers in this TOS is for convenience only and will not have any impact on the interpretation of any provision. Any use of the singular shall be reasonably construed as if it also includes the plural, and vice versa. If not already specified, any use of “including” or “such as” shall be construed to mean “including but not limited to.” If any part of this TOS is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of this TOS, or any provision of this TOS, be a waiver of any subsequent breach or default or a waiver of the provision itself. 14.3 Assignment. You may not assign, transfer or delegate this TOS or any of your rights and obligations under the TOS, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign, transfer or delegate this TOS or our rights and obligations under this TOS without notice or consent. Subject to this section, this TOS will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns, and any assignment or transfer in violation of this section will be void. @@ -222,69 +223,13 @@ While we prefer to give advance notice of termination, we reserve the right, in 14.11 Government Use. DigitalOcean provides the Websites and Services, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Websites and Services include only those rights customarily provided to the public as defined in this TOS. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under this TOS, then it must negotiate with DigitalOcean to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement. -Copyright 2020 DigitalOcean, LLC. All rights reserved. No part of DigitalOcean’s Website may be reproduced, modified, or distributed in any form or manner without the prior written permission of DigitalOcean. - -Company -About -Leadership -Blog -Careers -Customers -Partners -Referral Program -Press -Legal -Trust Platform -Investor Relations -DO Impact -Products -Products Overview -Droplets -Kubernetes -Managed Databases -Spaces -Marketplace -Load Balancers -Block Storage -Tools & Integrations -API -Pricing -Documentation -Release Notes -Community -Tutorials -Meetups -Q&A -Write for DOnations -Droplets for Demos -Hatch Startup Program -Shop Swag -Research Program -Currents Research -Open Source -Code of Conduct -Newsletter Signup -Solutions -Web & Mobile Apps -Website Hosting -Game Development -Streaming -VPN -Startups -SaaS Solutions -Agency & Web Dev Shops -Managed Cloud Hosting Providers -Big Data -Business Solutions -Contact -Support -Sales -Report Abuse -System Status -Share your ideas - -© 2022 DigitalOcean, LLC. All rights reserved. - -We use cookies to provide our services and for analytics and marketing. To find out more about our use of cookies, please see our Privacy Policy. By continuing to browse our website, you agree to our use of cookies. - -OK \ No newline at end of file +Copyright 2023 DigitalOcean, LLC. All rights reserved. No part of DigitalOcean’s Website may be reproduced, modified, or distributed in any form or manner without the prior written permission of DigitalOcean. + +Prior Versions of our Terms of Service +Effective on February 5, 2022 Prior TOS available here. +Effective on October 22, 2020 Prior TOS available here. +© 2024 DigitalOcean, LLC. +Sitemap. +Cookie Preferences +This site uses cookies and related technologies, as described in our privacy policy, for purposes that may include site operation, analytics, enhanced user experience, or advertising. You may choose to consent to our use of these technologies, or manage your own preferences. +Manage Choices Agree & Proceed \ No newline at end of file

diff --git a/www.digitalocean.com/legal/law-enforcement-guidelines.md b/www.digitalocean.com/legal/law-enforcement-guidelines.md index 096cdd3..0577e71 100644 --- a/www.digitalocean.com/legal/law-enforcement-guidelines.md +++ b/www.digitalocean.com/legal/law-enforcement-guidelines.md @@ -1,8 +1,5 @@ -Legal & Security Law Enforcement Guidelines -Law Enforcement Guidelines - -Last Updated on March 13, 2020 +Last Updated on May 25, 2023 These guidelines are intended for those seeking information about a DigitalOcean account, or looking to take action against a resource hosted on our network. @@ -68,14 +65,14 @@ Any request for user information must include a valid email address for us to re Where permitted, DigitalOcean prefers to receive service via email to legal@digitalocean.com. Legal process can also be served by mail to: -DigitalOcean, LLC Attn: Legal Department 101 Avenue of the Americas, 10th Floor New York, NY 10013 +DigitalOcean, LLC Attn: Legal Department 101 Avenue of the Americas, 2nd Floor New York, NY 10013 Please make your requests as specific and narrow as possible, including the following information: Full information about authority issuing the request for information The name and badge/ID of the responsible agent An official email address and contact phone number -The IP address, date range, domain name(s) of interest +The IP address, date, and timestamp(s) including time zone The description of the types of records you need Please allow at least two weeks for us to be able to look into your request. DigitalOcean reserves the right to make changes to any of the foregoing practices in its sole discretion. @@ -110,67 +107,8 @@ If you have any questions concerning this request please contact me at [insert e Thank you for your assistance in this matter. -Company -About -Leadership -Blog -Careers -Customers -Partners -Referral Program -Press -Legal -Trust Platform -Investor Relations -DO Impact -Products -Products Overview -Droplets -Kubernetes -Managed Databases -Spaces -Marketplace -Load Balancers -Block Storage -Tools & Integrations -API -Pricing -Documentation -Release Notes -Community -Tutorials -Meetups -Q&A -Write for DOnations -Droplets for Demos -Hatch Startup Program -Shop Swag -Research Program -Currents Research -Open Source -Code of Conduct -Newsletter Signup -Solutions -Web & Mobile Apps -Website Hosting -Game Development -Streaming -VPN -Startups -SaaS Solutions -Agency & Web Dev Shops -Managed Cloud Hosting Providers -Big Data -Business Solutions -Contact -Support -Sales -Report Abuse -System Status -Share your ideas - -© 2022 DigitalOcean, LLC. All rights reserved. - -We use cookies to provide our services and for analytics and marketing. To find out more about our use of cookies, please see our Privacy Policy. By continuing to browse our website, you agree to our use of cookies. - -OK \ No newline at end of file +© 2024 DigitalOcean, LLC. +Sitemap. +Cookie Preferences +This site uses cookies and related technologies, as described in our privacy policy, for purposes that may include site operation, analytics, enhanced user experience, or advertising. You may choose to consent to our use of these technologies, or manage your own preferences. +Manage Choices Agree & Proceed \ No newline at end of file

diff --git a/www.digitalocean.com/legal/trademark-notification-policy.md b/www.digitalocean.com/legal/trademark-notification-policy.md index 1cc81fa..0d6cdf8 100644 --- a/www.digitalocean.com/legal/trademark-notification-policy.md +++ b/www.digitalocean.com/legal/trademark-notification-policy.md @@ -1,10 +1,7 @@ -Legal & Security Trademark Notification Policy -Trademark Notification Policy - -Last Updated on March 13, 2020 +Last Updated on March 8, 2023 -If you are a trademark owner who believes that material being hosted by a DigitalOcean customer violates your trademark rights, you can send a notification of alleged infringement. To do so, please send a notice to the Designated Agent listed below that includes all of the following information: +If you are a trademark owner who believes that material being hosted by a DigitalOcean customer violates your trademark rights, you can send a notification of alleged infringement. To do so, please fill out the abuse form listed below that includes all of the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of the trademark that has been allegedly infringed. Identification of the trademark that is being infringed. If this is a registered trademark, you should include the registration information; if it is not a registered trademark, please provide a description or a copy of the trademark at issue. @@ -15,71 +12,10 @@ A statement made under penalty of perjury that the information provided is accur DigitalOcean will review your notice for accuracy, validity, and completeness. If we find that it satisfies these requirements, we will forward the notice to the customer or user associated with the allegedly infringing material. -Please contact the Designated Agent at dmca@digitalocean.com or at: - -DigitalOcean, LLC  Attn: Legal 101 Avenue of the Americas, 10th Floor  New York, NY 10013 - -Company -About -Leadership -Blog -Careers -Customers -Partners -Referral Program -Press -Legal -Trust Platform -Investor Relations -DO Impact -Products -Products Overview -Droplets -Kubernetes -Managed Databases -Spaces -Marketplace -Load Balancers -Block Storage -Tools & Integrations -API -Pricing -Documentation -Release Notes -Community -Tutorials -Meetups -Q&A -Write for DOnations -Droplets for Demos -Hatch Startup Program -Shop Swag -Research Program -Currents Research -Open Source -Code of Conduct -Newsletter Signup -Solutions -Web & Mobile Apps -Website Hosting -Game Development -Streaming -VPN -Startups -SaaS Solutions -Agency & Web Dev Shops -Managed Cloud Hosting Providers -Big Data -Business Solutions -Contact -Support -Sales -Report Abuse -System Status -Share your ideas - -© 2022 DigitalOcean, LLC. All rights reserved. - -We use cookies to provide our services and for analytics and marketing. To find out more about our use of cookies, please see our Privacy Policy. By continuing to browse our website, you agree to our use of cookies. +Please contact us at https://www.digitalocean.com/company/contact/abuse#trademark -OK \ No newline at end of file +© 2024 DigitalOcean, LLC. +Sitemap. +Cookie Preferences +This site uses cookies and related technologies, as described in our privacy policy, for purposes that may include site operation, analytics, enhanced user experience, or advertising. You may choose to consent to our use of these technologies, or manage your own preferences. +Manage Choices Agree & Proceed \ No newline at end of file

milonmaze / privacy-terms-observatory

www.digitalocean.com #71