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Acceptable Use
Policy (AUP)
PLEASE READ THE FOLLOWING AS IT SETS
FORTH THE GUIDELINES AND RULES FOR ACCEPTABLE USE OF CaribServe.NET
SERVICES AND SETS FORTH CONDUCT THAT IS EXPRESSLY PROHIBITED. IF YOU DO
NOT AGREE TO BE BOUND BY THIS DOCUMENT YOU MUST END YOUR USE OF
CaribServe.NET SERVICES IMMEDIATELY.
INTRODUCTION
CaribServe.NET ("CaribServe.NET") has
established this Acceptable Use Policy ("AUP") to enhance the use of the
Internet by preventing unacceptable use. All users of CaribServe.NET'
Internet services (the "Services") - those who access some of our
Services but do not have accounts as well as those who pay a monthly
service fee to subscribe to the Services (collectively "Customers") -
are bound by and must comply with this AUP. In addition, certain
Services (as indicated on this website) have a service specific
Acceptable Use Policy which applies to such Service in addition to this
AUP.
CaribServe.NET supports unrestricted
transfer of information and ideas over the Internet and does not
actively monitor use of the Services under normal circumstances.
Similarly, we generally do not exercise editorial control over the
content of any Web site, electronic mail transmission, newsgroup, or
other material created or accessible over or through the Services.
However, in accordance with our General Terms
and Conditions, we may remove any materials that, in our sole
discretion, may be illegal, may arguably subject us to liability, or
which may violate this AUP or any additional service specific AUP.
CaribServe.NET will cooperate with law
enforcement authorities in the investigation of any suspected or alleged
crime. CaribServe.NET will also respond to any subpoena, court order or
other legal process. Your violation of this AUP may result in the
suspension or termination of either your access to the Services and/or
your CaribServe.NET account or other actions as detailed in Section III.
Such action may be taken with or without notice depending on the
severity of the violation and at CaribServe.NET's sole discretion. This
AUP should be read in conjunction with our
General Terms and Conditions, service specific AUPs and any other
policies. CaribServe.NET reserves the right to amend, revise or modify
this AUP (or any service specific AUP) at any time and such amendment,
revision or modification shall be effective upon the inclusion of such
in text of this AUP (or service specific AUP) and use of the Services
thereafter.
As an account holder or user of
CaribServe.NET Services you bear full responsibility for communications
and/or content provided via your CaribServe.NET account and use of the
particular Service.
CaribServe.NET does not assume the
responsibility to and does not actively monitor communications provided
by users or from outside sources. Unless and until notified,
CaribServe.NET is not likely to be aware of any violations of this AUP
or legal violations. CaribServe.NET expects all users to notify us of
any legal violations, violations of this policy or other matters of
concern.
VIOLATIONS OF THE
ACCEPTABLE USE POLICY
The following constitute violations of
this AUP and you agree to refrain from such activities:
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Illegal or Potentially Illegal Use. Using the Services to
transmit or make available any material (by e-mail, uploading,
posting, or otherwise) or activity that, intentionally or
unintentionally, violates any applicable local, state, national, or
international law, or any rules or regulations promulgated there
under or gives the indication that such violation may be occurring.
By way of example, and not limitation, such activity would include
the receipt or distribution of material potentially deemed obscene
under current statutes or the offering of child pornography and
related activities.
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Harm
to minors. Using the Services to harm, or attempt to harm,
endanger, harass, or otherwise threaten minors in any way.
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Threats. Using the Services to transmit any material (by e-mail,
uploading, posting, or otherwise) that threatens or encourages
bodily harm or destruction of property.
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Harassment. Using the Services to transmit any material (by
e-mail, uploading, posting, or otherwise) that harasses another
either by the frequency of the activity or by the content.
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Fraudulent activity. Using the Services to make fraudulent
offers to sell or buy products, items, or services, or to advance
any type of financial scam such as "pyramid schemes" and "chain
letters." E-mail that consists of make-money-fast schemes, pyramid
or chain letters, unsolicited commercial information and/or
information offensive to the recipient is prohibited.
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Forgery or impersonation. Adding, removing, or modifying
identifying network header information in an effort to deceive or
mislead is prohibited. Attempting to impersonate any person by using
forged headers or other identifying information is prohibited. The
use of anonymous re-mailers or nicknames does not constitute
impersonation. Using deliberately misleading headers in news
postings in order to avoid spam e-mail address collectors is
allowed.
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Unsolicited commercial e-mail/ Unsolicited bulk e-mail. Using
the Services to transmit any unsolicited commercial e-mail or
unsolicited bulk e-mail (e.g. spamming) is prohibited. Activities
that have the effect of facilitating unsolicited commercial e-mail
or unsolicited bulk e-mail whether or not that e-mail is commercial
in nature, are prohibited.
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Unauthorized access. Using the Services to access, or to attempt
to access, the accounts of others, or to penetrate, or attempt to
penetrate, security measures of CaribServe.NET's or another entity's
computer software or hardware, electronic communications system, or
telecommunications system, whether or not the intrusion results in
the corruption or loss of data. Security violations include but are
not limited to:
- attempts to compromise or gain
unauthorized access to any other Internet account or
unauthorized system
- altering the header of e-mail
messages that conceal your e-mail address or prevents recipients
from responding
- interfering with any user,
system or network, including any denial of service attack
- any use or distribution of
tools designed for compromising security including cracking
tools, network probing tools, programs for guessing passwords or
credit card numbers and any application that allows the remote
control of another system without the knowledge of that systems
operator.
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Copyright or trademark infringement. Using the Services to
transmit any material (by e-mail, uploading, posting, or otherwise)
that infringes any copyright, trademark, patent, trade secret, or
other proprietary rights of any third party, including, but not
limited to, the unauthorized copying of copyrighted material, the
digitization and distribution of photographs from magazines, books,
or other copyrighted sources, and the unauthorized transmittal of
copyrighted software.
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Collection of personal data. Using the Services to collect, or
attempt to collect, personal information about third parties without
their knowledge or consent.
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Reselling the services. Reselling the Services without
CaribServe.NET's written authorization.
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Network disruptions and unfriendly activity. Using the Services
for any activity that adversely affects the ability of other people
or systems to use CaribServe.NET's Services or the Internet. This
includes "denial of service" (DOS) attacks against another network
host or individual user. Interference with or disruption of other
network users, network services, websites or network equipment is
prohibited. It is the Customer's responsibility to ensure that their
network is configured in a secure manner. A Customer may not,
through action or inaction, allow others to use their network or
access for illegal or inappropriate actions. A Customer may not
permit their network, through action or inaction, to be configured
in such a way that gives a third party the capability to use their
network in an illegal or inappropriate manner.
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Multiple Logins. Customers may not establish more then one
authentication session at a time, either from two computers or from
the same computer unless they have an account type that permits this
usage, violation of this provision could result in excess usage
charges to the customers account at CaribServe.NET's sole
discretion. Accordingly, CaribServe.NET maintains the right to
terminate any Customer's connection following any extended period of
inactivity as determined by CaribServe.NET in its sole discretion.
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Web
Pages and Data Storage. With CaribServe.NET you generally have
the option of contracting for a set amount of storage area or
choosing a plan that provides a set amount of storage and
automatically allows excess storage above that amount for an
additional charge. If you contracted only for a set amount of
storage, exceeding the data storage you have contracted for on
CaribServe.NET's equipment is prohibited and you agree that
CaribServe.NET may, as it sees fit and without notice or liability,
remove files that exceed your limit. Web pages must not violate
applicable law. If access to your files or web pages by others
results in excessive traffic or system loads, CaribServe.NET may
remove or block access to files or web pages as it deems fit.
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Viruses /
Worms. To introduce viruses, worms, harmful code and/or Trojan
horses on CaribServe.NET’s network. you are responsible to ensure
that your PC has a working and up-to-date Antivirus and Anti-Spyware
program installed and running at all times.
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Spamming,
Flaming, Hacking. To use the network for spamming, flaming,
hacking or otherwise obtain unauthorized access.
ENFORCEMENT
CaribServe.NET reserves the right to
suspend, block or cancel access to any and all Services when, in our
judgment and sole discretion, an account may have violated this AUP.
CaribServe.NET, by way of example and not limitation, may take any one
or more of the following actions in response to complaints of conduct
that amounts to a violation of this AUP:
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Issue
written or verbal warnings. |
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Suspend
the Customer's newsgroup posting privileges. |
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Suspend
the Customer's account. |
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Terminate the Customer's account. |
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Bill the
Customer for administrative costs and/or reactivation charges. |
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Bring
legal action to enjoin violations and/or to collect damages, if any,
caused by violation. |
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