Data Center Services – Acceptable Use Policy

Cavern provides Data Center or Hosted Services to Clients subject to the following Acceptable Use Policy, which may be updated by Cavern from time to time without notice to clients. 

Last Updated: February 2017

INTRODUCTION

This Acceptable Use Policy applies to all clients of Continuity of Operations Planning, LLC, doing business as Cavern Technologies (“Cavern”), and is intended to provide a general understanding of Cavern’s policy on the Acceptable Use of Cavern’s Data Center and other Hosted Services. It is designed to help protect our service, our clients and the Internet community from irresponsible or illegal activities. Cavern expects that common sense and good judgment will guide all of our clients’ activities on the Internet. Information available on Cavern’s network is the property of Cavern, its information providers or other clients. Cavern does not accept responsibility for the content of the materials and information published by others which are accessible through the Cavern connection and does not accept responsibility for the violation of any laws resulting from such publication.

All users of Cavern’s Data Center or Hosted Services are expected to abide by the laws of the state and country in which they reside, including, without limitation, all copyright laws and regulations, tariff regulations, export controls, treaties and international law.

Use of Cavern’s Data Center or Hosted Services is contingent on user acceptance of and agreement to abide by all of the rules and regulations and policies of Cavern, including this AUP, as such policies may be modified by Cavern at any time and from time to time, and to use such Data Center or Hosted Services for lawful purposes in compliance with all applicable laws. Use of Cavern’s Data Center or Hosted Services is at the risk of the client.

Electronic Communications Privacy Act Notice (18 USC §2701-2711). CAVERN MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON ITS NETWORK OR ANY NETWORK ATTACHED TO ITS NETWORK. CAVERN SHALL NOT BE LIABLE FOR THE PRIVACY OF E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION OR ANY OTHER CONTENT STORED ON CAVERN EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY CLIENT OR OTHERWISE CONNECTED WITH USE OF THE CAVERN NETWORK.

POLICIES

  1. Cavern accounts may be used only by the authorized owners of the accounts, except where specifically authorized by Cavern system administrators. Allowing use of your account by others is prohibited. At no time can there be simultaneous use of the same account username and password combination.
  2. Resale, trade or transfer of any account without express written consent from Cavern is prohibited. Attempting to obtain access beyond that for which a client is authorized will be grounds for immediate termination of such client’s account.
  3. Attempting to defeat identification procedures, gain passwords or encryption codes, penetrate security measures, circumvent user authentication, use of the Cavern network to gain unlawful or unauthorized entry to another machine on the Internet, use of or any attempt to use a Cavern account to alter or destroy data belonging to Cavern or another user on any computer network and use of the Cavern system as a staging ground to “crack” other systems will be grounds for immediate termination of such client’s account.
  4. Transmission, redistribution, reproduction or commercial exploitation of information available on Cavern’s network without the permission of its owner or in violation of applicable law will be grounds for immediate termination of such client’s account.
  5. Abusive or inappropriate use of any Cavern service, including, without limitation, any behavior which disrupts the normal use of the system or Internet services of others, inhibits any user from accessing the Internet, interferes with the proper operation of Cavern’s network or impairs the availability, reliability or quality of Cavern’s services for other clients is prohibited.
  6. It is contrary to the specific policies of Cavern for any user to effect or participate in any of the following activities:
    1. exporting software or technical information in violation of any applicable export control laws;
    2. making fraudulent offers of items, products or services originating from a client’s account;
    3. using non-authorized relays through any third party systems;
    4. “flooding” or overburdening recipient computer systems by sending a high volume of spurious data which impedes functionality or disables the recipient system or any other methods of denial of service of another;
    5. storing or distributing on Cavern servers illegally-acquired information or programs containing malicious code, including, without limitation, viruses, Trojan horses, worms or tools to comprise the security of other sites; or
    6. using programs such as packet sniffers, host and/or service monitoring or other similar programs.
  7. Email and Internet Relay Chat
    1. Email is a person-to-person medium and not a broadcast medium. Harassing others by “mail-bombing” or “spamming,” which constitutes sending the same or substantially similar unsolicited electronic mail messages to a large number of recipients, or an unreasonable number of similar mail messages to the same email address, may be grounds for termination of a client’s account. Threatening bodily harm or property damage to individuals or groups is also strictly prohibited and is grounds for termination.
    2. The following activities are specifically prohibited by Cavern in connection with the use of email or IRC services:
    3. distributing malicious software which contributes to or assists in “mail-bombing” or “spamming”;
    4. sending unsolicited, junk or chain letter email for the purpose of advertising or soliciting, or using Cavern’s email address to collect responses from unsolicited email;
    5. attempting to impersonate any person or using forged email or other identifying information;
    6. using an email box exclusively as a storage space for data, which includes a mailbox exceeding the size limits established by Cavern;
    7. installing “auto-responders,” “cancel-bots” or similar automated or manual routines which generate excessive amounts of net traffic; and
    8. using IRC bots in violation of any accepted policies on IRC servers.
  8. Content
    Users of Cavern’s Data Center and Hosted Services, and not Cavern (under any circumstances whatsoever), are responsible for the content of their sites and obtaining all required legal permissions for the use of such content. Each such user must accept responsibility for the publication of any defamatory, pornographic, confidential, secret or proprietary material. Cavern reserves the right to remove any material from any site without notice.

CLIENT’S RESPONSIBILITIES

  1. All Cavern clients who publish materials and information which are accessible through the Cavern connection are solely responsible for the content of such materials and information and are solely responsible for compliance with all laws applicable to the publication of such materials and information, including, without limitation, intellectual property laws.

  2. Each account holder is responsible for charges incurred by others to whom the account holder has given its username and/or password and for charges incurred by a person who has obtained such account holder’s username and/or password prior to such account holder’s notification to Cavern of such fact.

  3. Users are responsible for the files residing in their accounts, including the back-up of such files, unless otherwise agreed between Client and Cavern.

  4. Any permitted customers of Cavern’s clients are bound by same restrictions as Cavern’s clients, including this AUP.

ACTIONS BY CAVERN FOR NONCOMPLIANCE OR VIOLATION

  1. Certain activities set forth above cause alarms that could require Cavern to take action. Account holders should be aware, however, that normal use and software will not set off such alarms.
  2. Use of a Cavern account or service in an illegal manner is grounds for immediate termination of such account. Users should be aware that Cavern views such activities very seriously, and Cavern reserves the right to disclose prohibited activities to law enforcement agencies, including, without limitation, the Federal Bureau of Investigation, with whom Cavern will fully cooperate. Cavern will cooperate with appropriate law enforcement agencies involved in investigating instances that may be reported to such authorities by clients or other users.

  3. Cavern reserves the right to conduct its own investigation of suspected violations of this AUP.

  4. In addition to the other actions described herein, Cavern may take one or more of the following specific actions without liability to Client or any third party:

    • log instances of abuse;

    • disable and cancel the client’s account (noncompliance or violation of this AUP is a material breach of the applicable Data Center or Hosted Services Statement of Work and the Master Data Center Services Agreement Standard Terms and Conditions and may be grounds for termination by Cavern); and

    • delete all of client’s files in Cavern’s possession.

  5. In the event that an account is temporarily deactivated as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements to be determined solely by Cavern.

  6. Each account holder understands and acknowledges that Cavern has the right to terminate any account for any reason that Cavern interprets as an abuse of the account, and such account holder will be liable for any and all costs incurred by Cavern as result of such abuse.

  7. Cavern will review alleged violations of this AUP on a case-by-case basis. Violations that are not promptly remedied may result in disciplinary action, including, without limitation, referral to appropriate authorities for civil or criminal prosecution. Cavern’s decisions in all such matters are final. Cavern does not assume any liability to any account holders, users or others for its failure to enforce this AUP.

  8. Nothing herein is to be construed to limit Cavern’s remedies in any way to recover costs, identify and remove offenders, levy cancellation charges or pursue any other remedies at law or in equity.

  9. No failure by Cavern to enforce any provision of this AUP on a single occasion or multiple occasions shall be construed as a waiver of any right, power or privilege under this AUP and no partial exercise of any right, power or privilege shall preclude the further or full exercise of that right, power or privilege.

CONTACTS

  1. Each account holder must immediately notify Cavern of any unauthorized use of such account holder’s account, of any breach or attempted breach of security if it is believed that such account holder’s password has been compromised or of any other violations of this AUP.

If you have any questions with respect to this AUP, please contact us.

 

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