Cavecreek Acceptable Use Policies (AUP)
Any complaints about a client's violation of the AUP should be sent to firstname.lastname@example.org.
As a provider of Internet access, website hosting, and other Internet-related services, Cavecreek respects that the Internet provides a forum for free and open discussion and dissemination of information; however, when there are competing interests at issue, Cavecreek reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Cavecreek has developed these Acceptable Use Policies (AUP), which supplement and explain certain terms of each client's respective service agreement and is intended as a guide to the client's rights and obligations when utilizing Cavecreek's services. This AUP will be revised from time to time. A client's use of Cavecreek's services after changes to the AUP are posted on Cavecreek's website, www.Cavecreek.com, constitutes the customer's acceptance of any new or additional terms of the AUP that result from those changes. In addition, Cavecreek and its clients are responsible for adhering to the AUP of Cavecreek's upstream providers which include the following:
Violation of an upstream provider by a Cavecreek Client may result in the provider refusing to provide connectivity for that client.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When clients obtain information through the Internet, they must keep in mind that Cavecreek cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that clients may acquire. For this reason, the client must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Cavecreek cannot monitor or censor the Internet, and will not attempt to do so, Cavecreek cannot accept any responsibility for injury to its clients that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When clients disseminate information through the Internet, they also must keep in mind that Cavecreek does not review, edit, censor, or take responsibility for any information its clients may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Because the information they create is carried over Cavecreek's network and may reach a large number of people, including both clients and non-clients of Cavecreek, clients' postings to the Internet may affect other clients and may harm Cavecreek's goodwill, business reputation, and operations. Cavecreek is also bound by the AUPs of its up-line providers and may have to take action regarding a Client in order to comply with the up-line AUP. For these reasons, clients violate Cavecreek policy and the service agreement when they, their customers, their affiliates, or their subsidiaries engage in the following prohibited activities:
UBE: Sending unsolicited bulk and/or commercial messages over the Internet (also known as "spamming") is prohibited. This practice is harmful not only because of its negative impact on consumer attitudes toward Cavecreek, but also because it can overload Cavecreek's network and disrupt service to Cavecreek's clients. Maintaining an open SMTP relay is likewise prohibited. When a complaint is received, Cavecreek has the discretion to determine from all of the evidence whether the client has violated this policy.
Intellectual Property Violations: Engaging in any activity that infringes or misappropriates the intellectual property rights of others is prohibited. This includes copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Engaging in activity that violates privacy, publicity, or other personal rights of others is likewise prohibited. Cavecreek is required by law to remove or block access to client content upon receipt of a proper notice of copyright infringement or other violations of the law. It is also Cavecreek's policy to terminate the privileges of clients who commit repeat violations of copyright laws.
Obscene Speech or Materials: Using Cavecreek's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. In addition, Cavecreek is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Cavecreek's network.
Defamatory or Abusive Language: Using Cavecreek's network as a means to transmit or post defamatory, harassing, abusive, or threatening language is prohibited.
Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is prohibited. Illegal or Unauthorized Access to Other Computers or Networks: Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking") is prohibited. Any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity) is likewise prohibited. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities: Distributing information regarding the creation and sending of Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks is prohibited. Activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment are likewise prohibited.
Facilitating a Violation of the AUP: Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate Cavecreek's AUP is prohibited. This includes the facilitation of the means to Spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
Export Control Violations: Exporting encryption software over the Internet or otherwise, to points outside the United States is prohibited. Usenet Groups: Cavecreek reserves the right not to accept postings from newsgroups where we have actual knowledge or reasonably believe that the content of the newsgroup violates this AUP.
Illegal Activities: Engaging in activities that are determined to be illegal is prohibited. This includes but is not limited to false advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities: Engaging in activities, whether lawful or unlawful, that Cavecreek determines to be harmful to its clients, operations, reputation, goodwill, or customer relations is prohibited. Responsibility for avoiding the harmful or illegal activities is the responsibility of the client. When Cavecreek becomes aware of harmful activities, it may take any action to stop the harmful activity. This includes, but is not limited to, requiring the removal of information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
Cavecreek is aware that many of its clients are, themselves, providers of Internet services, and that information reaching Cavecreek's facilities from those clients may have originated from a customer of the client or from another third-party. Cavecreek has the right to directly take action against a customer of a client. Cavecreek may also take action against the Cavecreek client because of activities of a customer of the client, even though the action may affect other customers of the client. Similarly, Cavecreek anticipates that clients who offer Internet services will cooperate with Cavecreek in any corrective or preventive action that Cavecreek deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Cavecreek policy.
Cavecreek is also concerned with the privacy of on-line communications and websites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. Therefore, as a matter of prudence, Cavecreek urges its clients to assume that all of their on-line communications are insecure. Cavecreek cannot take any responsibility for the security of information transmitted over Cavecreek' facilities.
Cavecreek will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. Cavecreek may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Cavecreek may also disclose information including, but not limited to, information concerning a client, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Cavecreek assumes no obligation to inform the client that client information has been provided, and in some cases may be prohibited by law from giving such notice. Finally, Cavecreek may disclose client information or information transmitted over its network where necessary to protect Cavecreek and others from harm, or where such disclosure is necessary to the proper operation of the system.
Cavecreek expects that its clients who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. Failure on the part of a client to comply with those laws violates Cavecreek policy. Finally, Cavecreek emphasizes that in signing the service agreement, clients indemnify Cavecreek for any violation of the service agreement, law, or Cavecreek policy that results in loss to Cavecreek or the bringing of any claim against Cavecreek by any third-party. This means that if any legal action is brought against Cavecreek because of a client's or customer of a client's activity, the client will pay any damages awarded against Cavecreek, plus costs and reasonable attorneys' fees. We hope the AUP is helpful in clarifying the obligations of Internet users, including Cavecreek and its clients, as responsible members of the Internet. Any complaints about a client's violation of the AUP should be sent to email@example.com.
2353 W. University Dr.
Tempe, AZ 85281-7223
Phone (480) 449-7750
Fax (480) 449-8801