© 2006, 2008, 2011 CEATH Company

CEATH Company Acceptable Use Policy

As a provider of Internet-based services, CEATH Company ("CEATH") recognizes that the Internet provides a forum for free and open discussion and dissemination of information, however, CEATH reserves the right to take certain preventative or corrective actions when conflicts arise in the use or distribution of this information. This Acceptable Use Policy ("AUP") supplements each client's respective service agreement and is intended as a guide to the client's rights and obligations when using CEATH's services. This AUP will be revised from time to time and posted at CEATH's web site (http://www.CEATH.com). A client's use of CEATH's services after changes to the AUP are posted on CEATH's web site will constitute the client's acceptance of any new or additional terms of the AUP that result from those changes.

CEATH values open communications with our clients and will work with any client who is or may be in violation of this AUP, however at the sole discretion of CEATH management, any violation of this AUP may result in the suspension or immediate termination of the CEATH clients services without prior notice.

CEATH cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire or encounter through web services supported by CEATH. Clients must use their best judgment in relying on information obtained from the Internet. Because CEATH cannot monitor or censor the Internet, and will not attempt to do so, CEATH cannot accept any responsibility for injury to its clients that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

CEATH does not review, edit, censor, or take responsibility for any information its subscribers 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. Also, because the information they create is carried over CEATH's web services and may reach a large number of people, clients' postings to the Internet may affect other CEATH clients and may harm CEATH's business reputation and operations. For these reasons, clients violate this AUP and the service agreement when they, their clients, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). When a complaint is received, CEATH has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.


Intellectual Property Violations

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. CEATH is required by law to remove or block access to client content upon receipt of a proper notice of copyright infringement. It is also CEATH's policy to terminate the privileges of clients who commit repeat violations of copyright laws.


Obscene Speech or Materials

Using CEATH's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. CEATH is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through CEATH's network.


Defamatory or Abusive Language

Using CEATH's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.


Forging of Headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.


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"). Also, 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).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, 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.


Facilitating a Violation of this AUP

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, 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.


Usenet Groups

CEATH reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.


Other Illegal Activities

Engaging in activities that are determined to be illegal, including 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 CEATH determines to be harmful to its subscribers, operations, reputation, goodwill, or client relations.


The responsibility for avoiding these harmful activities rests primarily with the CEATH client. CEATH will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with CEATH policy or applicable law. When CEATH becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

CEATH does not require its clients who offer Internet services to monitor or censor transmissions or web sites created by them for their clients. CEATH has the right to directly take action against a client of a CEATH client. CEATH may take action against the CEATH client because of activities of a client of the CEATH client. CEATH expects that clients who offer Internet services will cooperate with CEATH in any corrective or preventive action that CEATH deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of CEATH policy.

CEATH also is concerned with the privacy of on-line communications and web sites. As a matter of prudence, however, CEATH urges its subscribers to assume that all of their on-line communications are insecure. CEATH cannot take any responsibility for the security of information transmitted through CEATH's facilities.

CEATH will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. CEATH may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, CEATH may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. CEATH assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, CEATH may disclose subscriber information or information transmitted over its network where necessary to protect CEATH and others from harm, or where such disclosure is necessary to the proper operation of the system.

CEATH expects that its clients who provide its services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A client's failure to comply with those laws will violate CEATH policy. By using any of CEATH services, clients indemnify CEATH for any violation of the service agreement, law, or CEATH policy that results in loss to CEATH or the bringing of any claim against CEATH by any third-party. This means that if CEATH is sued because of a client's activity or that of a client of a CEATH client, the CEATH client will pay any damages awarded against CEATH, plus costs and reasonable attorneys' fees.

Any complaints about a client's violation of this AUP should be sent to mail@CEATH.com.  These CEATH Company policies and procedures are subject to change.

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