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| Capaho Web Terms of Use |
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Last Updated On Thursday, 13-Jul-2006 20:09:38 CDT
All materials appearing anywhere on the Capaho Web Internet site are protected by worldwide copyright laws and treaty provisions. The copyright on such materials is held by Capaho Web or by the original creator of the materials. None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means without Capaho Web's prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on Capaho Web's Internet site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
This is Capaho Web's Acceptable Use Policy. This document contains information about what what type of behavior is and is not allowed on the Capaho Web Network. If you have any questions, please contact us. Background Customer Security Responsibilities System And Network Security Password Protection Internet Etiquette Copyright Infringement - Software Piracy Policy Network Responsibility Lawful Purpose Child Pornography and Adult (Sexually Explicit) Material Commercial advertisements with e-mail IP Address Overlap IRC Billing Suspension Cancellation Indemnification Disclaimer of Responsibility Background From time to time Capaho Web may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on the Internet at http://www.capaho.com/policy.html. The AUPs are not exhaustive and Capaho Web reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to www.capaho.com/policy.html. By registering for and using the services, and thereby accepting the terms and conditions or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as Capaho Web deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations. VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM CAPAHO WEB. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS CAPAHO WEB'S POLICY TO TERMINATE REPEAT INFRINGERS. CAPAHO WEB RESERVES THE RIGHT TO REFUSE SERVICE TO ANY ONE AT ANYTIME. Customer Security Responsibilities The customer is solely responsible for any breaches of security affecting web sites under customer control. In the case of reseller accounts, the reseller is the customer of Capaho Web and the resller assumes all resposniblity and liability for the reseller's customers. Resellers must ensure that the reseller's customers also abide by the Capaho Web Terms of Use/Acceptible Use Policy. If a customer's account is involved in an attack on another web site or system, it will be shut down by Capaho Web and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's web site, Capaho Web servers and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $225 USD per hour. Inquiries regarding security matters may be directed to security@capaho.com. System And Network Security Violations of system or network security are prohibited, and may result in criminal and civil liability. Capaho Web may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Violators of the policy are responsible, without limitations, for the cost of labor to cleanup and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Capaho Web. Such labor is categorized as emergency security breach recovery and is currently charged at $225 USD per hour. Inquiries regarding security matters may be directed to security@capaho.com. Capaho Web is concerned with the privacy of on-line communications and web sites. 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. As a matter of prudence, however, Capaho Web urges its customers to assume that all of their on-line communications are insecure. Capaho Web cannot take responsibility for the security of information transmitted over Capaho Web's facilities. Capaho Web closely monitors server port and shell account activity. Capaho Web may block access to any or all of its servers without notice to any IP address or Internet Service Provider it deems to represent a security threat to the Capaho Web network. Capaho Web may suspend or cancel any shell account or customer account on its network without notice if it deems the activities monitored on the account represent a security threat to the Capaho Web network or any other network on the Internet. Password Protection The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use Capaho Web's service to guess passwords or to access other systems or networks without authorization. Capaho Web will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity. Internet Etiquette The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Capaho Web may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or likely to result in retaliation against Capaho Web by offended users. Capaho Web reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the polices of the IRC channel or USENET group. Copyright Infringement - Software Piracy Policy The Capaho Web network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail. In compliance with the Digital Millenium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to: Capaho International, LLC, 5325 Elkhorn Blvd., PMB 8144, Sacramento, CA 95842 or by e-mail to security@capaho.com. Capaho Web will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy. Network Responsibility Customers have a responsibility to use the Capaho Web network responsibly. This includes respecting the other customers of Capaho Web. Capaho Web reserves the right to suspend and or cancel service with any Customer who uses the Capaho Web network in such a way that adversely effects other Capaho Web customers. This includes but is not limited to: Attacking or attempting to gain unauthorized access to servers and services that belong to Capaho Web or its customers (i.e. computer hacking), and/or participating in behavior which result in reprisals that adversely effect the Capaho Web network or other customers' access to the Capaho Web network. Use of telnet, SSH or other shell accounts to access areas of Capaho Web servers outside of the customer's own web site directory tree. Inappropriate use of a shell account may result in immediate suspension or termination of service. Capaho Web will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a Capaho Web customer, whether or not the attacked account or computer belongs to Capaho Web, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer of Capaho Web is strictly prohibited. Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm. Capaho Web will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy. Lawful Purpose All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fradulent content. Using any Capaho Web service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited. Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Capaho Web services or products is prohibited. Using the Capaho Web network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited. Web sites hosted within the Capaho Web network are open to the public. You are solely responsible for your usage of the Capaho Web network and servers and any statement you make on servers hosted within the Capaho Web network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous. Child Pornography and Adult (Sexually Explicit) Material Capaho Web will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Capaho Web network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT Capaho Web permits the display of adult material as part of a web site hosted on its servers provided that such material is consistent with constitutionally guaranteed rights regarding freedom of expression and does not violate any national, state or local laws regarding the display of such material. However, Capaho Web does not host nor does it permit its customers to host any web site on any of its servers where the primary purpose of the web site is to provide specifically for the viewing or downloading of adult content whether or not such web site is commercial or non-commercial in nature. If Capaho Web finds any such adult oriented web sites hosted on its servers it may suspend or cancel the web sites without notice. In addition, resellers suspected of knowingly hosting such adult oriented web sites on Capaho Web servers may have their reseller accounts suspended or cancelled without notice by Capaho Web. Commercial Advertisements with Email Capaho Web takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Capaho Web may not use or permit others to use our network to transact in UCE. Customers of Capaho Web may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including immediate termination of service without refund. Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. Email is a person-to-person medium, not a broadcast medium. Customers of Capaho Web are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Capaho Web network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Violation of Capaho Web's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Capaho Web will initiate an immediate investigation (within 48 hours of notification). During the investigation, Capaho Web may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Capaho Web may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Capaho Web reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Capaho Web will notify law enforcement officials if the violation is believed to be a criminal offense. Capaho Web uses a variety of filtering methods to reduce the amount of SPAM coming into its mail servers. Capaho Web may, without notice, block any IP address, domain name or Internet Service Provider from accessing its mail servers that it deems to represent a source of SPAM intruding upon the email accounts of Capaho Web or Capaho Web customers. Violations of Capaho Web's SPAM policy may be reported to abuse@capaho.com IP Address Overlap Capaho Web administers the network on which customer web sites reside. The customer cannot use IP addresses which were not assigned to them by Capaho Web staff. Any web site found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected. IRC Capaho Web does not allow the use of server-side IRC inside the Capaho Web network. Client-side servers (i.e. Java) are permitted as long as the use of IRC on a Capaho Web server does not violate any of the other terms of this AUP. As a policy, Capaho Web will not provide vanity IRC reverse DNS records. To enforce this policy Capaho Web does not turn the reverse address of ips over to the customer. Authority over this information remains with Capaho Web. Billing The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's web site to the Internet. The customer may request that the customer's web site be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation. Capaho Web reserves the right to suspend or cancel any customer account without notice if payment is not received by the due date. Suspension Capaho Web reserves the right to suspend network access to any customer if in the judgment of the Capaho Web network administrators the customer's web site is the source or target of the violation of any of the other terms of the AUPs or for any other reason which Capaho Web chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. Cancellation Capaho Web reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation may be prorated and paid by Capaho Web, at Capaho Web's discretion, if Capaho Web institutes its right of cancellation. Depending on the seriousness and severity of any violation of policies, Capaho Web may elect not to issue any refund. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space, damage, etc.). Indemnification Capaho Web wishes to emphasize that by using any Capaho Web service the customer indemnifies Capaho Web for any violation of the Terms & Conditions, AUP or its equivalent, or any lay, that results in loss to Capaho Web or the bringing of any claim against Capaho Web by any third-party. This means that if Capaho Web is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Capaho Web, plus costs and reasonable attorney's fees. Disclaimer of Responsibility Capaho Web is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Capaho Web disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy. All Sub-Networks, resellers, managed servers and web sites of Capaho Web must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU. |
