By submitting a written order (including via email or online), paying an invoice or by using CMWC, LLC’s website, CMWC, LLC network, facilities, equipment, products or services, Customer hereby agrees to the terms and conditions of the Agreement.
1.) Services and Monthly Commitments. CMWC, LLC agrees to provide the Products and Services in accordance with the terms and conditions of this Agreement beginning on the Effective Date. CMWC, LLC may perform additional technical, supplemental, or professional services (other than the Products and Services) for Customer at either CMWC, LLC’s published pricing rates or at rates mutually agreed to in writing between Customer and CMWC, LLC. Also, CMWC, LLC may perform remedial services as provided for in the AUP at the pricing set forth therein and without obtaining Customer’s consent in advance. If a Customer subscribes for any Product and Service for a term other than on a month-to-month basis, then each month of such term Customer shall pay CMWC, LLC the greater of (i) the actual fees and expenses payable by Customer for the Products and Services for which Customer has subscribed for such term (based on all actual licensing and usage of such Products and Services on a monthly basis) and (ii) the Minimum Monthly Commitment. For purposes of this Agreement, “Minimum Monthly Commitment” shall be determined each month and shall mean with respect to each Product and Service subscribed for by Customer other than on a month-to-month basis, the greater of (A) the amount specified as the “Minimum Monthly Commitment” in the Order Form associated with the subscription for such Products and Services and (B) the highest aggregate monthly amount paid or payable by Customer with respect to all Products and Services subscribed to for a term other than on a month-to-month basis, during the current term for which Customer subscribed for such Products and Services. If for any month Customer’s aggregate monthly fees and expenses actually paid or payable by Customer for the Products and Services for which Customer has subscribed for such term (based on all actual licensing and usage of such Products and Services on a monthly basis) does not exceed the Minimum Monthly Commitment, then Customer shall pay the Minimum Monthly Commitment in lieu of the charges that would otherwise be due with respect to such Products and Services. All payments made by Customer with respect to such Products and Services shall be credited first towards the Minimum Monthly Commitment.
2.) Term and Renewal. Unless Customer agrees to a one-year term or unless otherwise stated in an Order Form or any service description, the initial term (“Initial Term”) of this Agreement shall be month-to-month, commencing on the Effective Date and shall automatically renew (A) in the case of a month-to-month term, the first day of each month for successive one-month periods unless cancelled or terminated earlier pursuant to the express terms of this Agreement or (B) in the case of a one-year term, each yearly anniversary of the Effective Date for successive one-year periods unless cancelled or terminated earlier pursuant to the express terms of this Agreement (in each case, a “Renewal Period”). Customer agrees to be bound by the service term selected on the Invoice or Order Form or via applicable promotional codes. CMWC, LLC may cancel or elect not to renew the Products and Services for any reason or no reason at all by delivering to Customer a written notice of non-renewal at least five (5) days prior to the expiration of the Initial Term or the then-current Renewal Period, as applicable.
3.) Customer Cancellation or Non-Renewal. In order to cancel or elect not to renew any Product or Service, Customer must submit to CMWC, LLC a written notice specifying Customer’s election to cancel or not renew the Products and Services at least ten (10) days prior to expiration of the Initial Term or the then-current Renewal Term. CUSTOMER ACKNOWLEDGES AND AGREES THAT NO PRODUCT OR SERVICE WILL BE CANCELLED, ALL PRODUCTS AND SERVICES SHALL CONTINUE TO RENEW AND CUSTOMER WILL CONTINUE TO BE BILLED FOR ALL PRODUCTS AND SERVICES UNLESS CUSTOMER CANCELS THE PRODUCTS AND SERVICES AS PROVIDED IN THIS SECTION (SECTION 3).
Customer may terminate this Agreement with respect to all, and not less than all, of the Products and Services without liability (except for Charges due through the effective date of such termination) upon the occurrence of a material breach by CMWC, LLC of its obligations to provide the Products and Services according to the terms of this Agreement that is not cured within ten (10) business days after written notice from Customer describing such breach in detail is received by CMWC, LLC (“Customer Termination”). In the event of a Customer Termination, Customer shall pay (1) all outstanding amounts payable through the effective date of such termination and (2) if the Products and Services include software for which CMWC, LLC does not then provide general customer support, Customer shall pay to CMWC, LLC an amount equal to CMWC, LLC’s cost of such software for the entire Initial Term and any applicable Renewal Periods. If Customer terminates this Agreement for any reason other than a Customer Termination, Customer shall pay to CMWC, LLC an amount equal to all unpaid Charges through the effective date of such termination and (A) in the case of any Product and Service subscribed for on a month-to-month basis, all Charges for the Products and Services through the remainder of the Initial Term or the then-current Renewal Term, as applicable and (B) in the case of any Product and Service subscribed for other than on a month-to-month basis, all Charges for the Products and Services through the remainder of the Initial Term or the then-current Renewal Term, as applicable, calculated based upon the then-current Minimum Monthly Commitment payable by Customer upon the date of termination. CUSTOMER ACKNOWLEDGES THAT CUSTOMER WILL NOT BE ENTITLED TO ANY REFUND OR CREDIT IN THE EVENT THAT ANY PRODUCT OR SERVICE THAT IS PROVIDED ON THE BASIS OF A ONE-YEAR TERM IS TERMINATED, WITH OR WITHOUT CAUSE, PRIOR TO THE EXPIRATION OF THE ONE-YEAR TERM. CUSTOMER HEREBY WAIVES ALL RIGHTS TO ANY SUCH REFUND OR CREDIT.
Upon termination of this Agreement, CMWC, LLC and Customer shall have no obligations to each other, except as provided for in this Agreement. Upon termination of this Agreement, Customer shall (i) pay all Charges and other amounts due and owing to CMWC, LLC under these Terms of Service, (ii) immediately remove from CMWC, LLC’s premises all property owned by Customer, including, but not limited to, immediately removing all of Customer’s data from CMWC, LLC Network (including all servers owned or operated by CMWC, LLC), and (iii) return to CMWC, LLC all software, access keys, and any other property provided to Customer by CMWC, LLC under this Agreement. Any physical property of Customer not removed from CMWC, LLC’s premises within forty-five (45) days after such termination shall become the property of CMWC, LLC, which may, among other things, dispose of such property without the payment of any compensation to Customer. Sections 4, 5, 6, 7 and 8 shall survive the expiration, cancellation and termination of this Agreement for any reason.
5.) Payment. Customer agrees to pay all charges, fees, penalties, early cancellation charges, reconnection fees, service interruption fees, installation fees and other amounts due under this Agreement (collectively “Charges”) in US dollars. Each Customer that is a Texas resident agrees to pay all taxes applicable to its account. Except as otherwise provided for herein, all Charges for the Products and Services, and for any additional services described herein, shall be invoiced to the Customer and paid in advance of the Initial Term and each Renewal Term (but may include any applicable pro-rated amounts for partial months of for Products and Services provided on a month-to-month basis) and shall be due and payable upon receipt. Any additional one-time charges, including early cancellation charges, accrued interest, late fees, service reinstatement fees, and any usage-based charges (installation or set-up fees) shall be invoiced in arrears and appear on either regular monthly invoices or separate invoices. Server rental charges are incurred immediately at signup and are prorated by 3 days to allow for server provisioning and delivery. Customer also shall pay to CMWC, LLC all expenses incurred by CMWC, LLC in exercising any of its rights under this Agreement or applicable law with respect to the collection of a payment default, including attorneys’ fees, court costs, and collection agency fees. If Customer fails to pay any past due amount within five (5) days after written notice by CMWC, LLC is given to Customer, CMWC, LLC may suspend performance under this Agreement and if such past due amounts remain unpaid for an additional five (5) days thereafter, CMWC, LLC may terminate this Agreement. CMWC, LLC may charge interest on any invoice amounts that are overdue by more than ten (10) days at the lesser of (a) 1.5% per month or (b) the maximum non-usurious rate under applicable law. Customer shall be deemed to have accepted as conclusively accurate any invoice that it has not disputed in a writing delivered to CMWC, LLC within sixty (60) days of the invoice date. Customer may withhold the disputed portions of payments that are properly and timely disputed hereunder as long as it timely pays all undisputed charges that are outstanding. The parties shall work together in good faith to resolve any such disputed charge. In the event that this Agreement is terminated by CMWC, LLC for any reason constituting “CMWC, LLC Termination” (as defined above) or by Customer for any reason other than “Customer Termination” (as defined above), all Charges under the Agreement, including all remaining monthly or yearly fees due for the remaining portion of the Initial Term and each applicable Renewal Period, shall accelerate and are immediately due and payable. All set-up fees, monthly service fees and usage fees are non-refundable. Customer shall not be entitled to any refunds or credits, pro-rated or otherwise, in the event of early termination of this Agreement by CMWC, LLC according to the terms herein.
6.) Indemnification. Customer agrees to indemnify and hold harmless CMWC, LLC, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
7.) Disclaimers; Limitation on Company Liability.
CMWC, LLC SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE PRODUCTS AND SERVICES BY THE CUSTOMER OR ANY THIRD PARTIES OR ANY FAILURE OF THE PRODUCTS AND SERVICES OR (ii) ANY LOSS OF DATA OR CORRUPTION OF DATA, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, SERVICE INTERRUPTIONS, FAILURE OF CMWC, LLC NETWORK, RECLAIMATION OF SERVERS BY CMWC, LLC, FAILURE OF SERVERS, THE RELOADING OF AN OPERATING SYSTEM OR OTHER SOFTWARE ON A SERVER OR THE NEGLIGENCE OF CMWC, LLC. CUSTOMER IS SOLELY RESPONSIBLE FOR SAFEGUARDING, BACKING UP AND ARCHIVING ALL DATA OWNED, CONTROLLED OR TRANSMITTED BY CUSTOMER THAT RESIDES ON CMWC, LLC NETWORK OR ANY SERVER OWNED OR OPERATED BY CMWC, LLC.
IN NO EVENT SHALL CMWC, LLC’S AGGREGATE LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER TO CMWC, LLC IN THE BILLING CYCLE IMMEDIATELY PRECEEDING SUCH CLAIM.
CMWC, LLC PROVIDES ALL PRODUCTS AND SERVICES “AS IS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE PRODUCTS AND SERVICES AND CMWC, LLC SHALL HAVE NO LIABILITY THEREFORE.
NO CLAIM MAY BE ASSERTED BY CUSTOMER AGAINST CMWC, LLC MORE THAN TWO (2) YEARS FOLLOWING THE DATE OF THE EVENT THAT UNDERLIES ANY SUCH CLAIM.
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE RECEIPT OF A SERVICE CREDIT AS PROVIDED FOR IN THE SLA CONSTITUTES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND CMWC, LLC’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY FAILURE OF CMWC, LLC NETWORK, CMWC, LLC HARDWARE OR CMWC, LLC INFRASTRUCTURE OR THE FAILURE BY CMWC, LLC TO PROVIDE CUSTOMER WITH THE PRODUCTS AND SERVICES OR MANAGED HOSTING SERVICES PURCHASED BY CUSTOMER IN ACCORDANCE WITH THIS AGREEMENT WHICH RESULTS FROM A QUALIFIED NETWORK DOWNTIME EVENT OR ANY OTHER QUALIFIED DOWNTIME EVENT.
8.) Miscellaneous Terms.
Bandwidth and Disk Usage. Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Products and Services ordered by Customer on the Order Form (the “Agreed Usage”). CMWC, LLC will monitor Customer’s bandwidth and disk usage. CMWC, LLC shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Products and Services, or termination of these Terms of Service, which actions may be taken by CMWC, LLC in its sole and absolute discretion. If CMWC, LLC takes any corrective action under these Terms of Service, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth usage is measured on a calendar month basis. Both incoming and outgoing traffic is counted and applied towards the Agreed Usage. In the event that Customer exceeds the Agreed Usage, CMWC, LLC may, at its sole discretion, collect a deposit, in the amount of $3.00 per GB from Customer, or to the extent that Customer has a credit card on file with CMWC, LLC, apply such charge against Customer’s credit card. Data transfer in excess of the Agreed Usage shall be automatically billed to Customer. Unused Agreed Usage or bandwidth allocations cannot be carried over to future months or applied to other servers.
Notices. Unless otherwise specified herein, all notices, requests and other communications hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, or registered or certified mail (return receipt requested) to the address or facsimile number of Customer listed in CMWC, LLC’s records or if to CMWC, LLC then to the billing remittance address of CMWC, LLC. Such notices or other communications shall be deemed to have been given (a) on the date delivered (if delivered personally), (b) on the date that return confirmation is received (if sent by facsimile), (c) on the business day after being sent by an internationally recognized overnight air courier, or (c) five days after being sent (if sent by registered or certified mail).
Waiver. It is agreed that no waiver by any party hereto of any breach or default of any of the covenants or agreements herein set forth shall be deemed a waiver as to any subsequent and/or similar breach or default.
Severability. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected.
Force Majeure. Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.
CMWC, LLC’s Use of Customer’s Name. Customer agrees that CMWC, LLC may, upon written consent by Customer, publicly disclose that CMWC, LLC is providing services to Customer and may include Customer’s name in any promotional materials, such as press releases or CMWC, LLC’s web site. Neither party may publicly use the other party’s logo or other trade or service mark without that party’s written consent.
The Acceptable Use Policy (as amended, modified or supplemented from time to time as set forth on CMW Consulting’s website, this “AUP”) of CMW Consulting (“CMW Consulting”), is designed to (i) protect CMW Consulting’s customers, users of CMW Consulting’s website, Products and Service, CMW Consulting Network and physical infrastructure and third parties, (ii) further compliance with all relevant laws and regulations, (iii) promote the security and availability of CMW Consulting’s website, CMW Consulting Network and physical infrastructure and (iv) regulate and restrict the use of all products and services (including, but not limited to the Products and Services) provided by CMW Consulting, its website, CMW Consulting Network and its physical infrastructure (“CMW Consulting Services”).
This AUP applies to each user that subscribes for CMW Consulting Services (“Customers”), all users of CMW Consulting Services and all users that access or utilize CMW Consulting’s website, CMW Consulting Network or its physical infrastructure, whether or not such users are customers of CMW Consulting, including the customers of our Customers (“Third Party Users”), and every server or network device that is under each User’s control and attached to CMW Consulting Network or physical infrastructure as a part of CMW Consulting Services (a “Server”). The term “User” as used in this AUP means both Customers and Third Party Users.
Customers are responsible for complying with this AUP and for violations attributable to their customers and users, whether authorized or not by a Customer or CMW Consulting. Customers must take all reasonable steps to ensure that their customers and users will comply with this AUP.
This AUP does not (a) obligate CMW Consulting to monitor, review, or police the data and content residing on CMW Consulting Network or (b) create any obligation or duty of CMW Consulting to any party that is not a Customer, including, but not limited to, any Third Party User. Unless and until notified, CMW Consulting is not likely to be aware of any violations of this AUP or any violations of law. CMW Consulting expects all Users to notify us of any violations of law or violations of this AUP. CMW CONSULTING EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY, TEMPORARILY OR PERMANENTLY STORED ON CMW CONSULTING NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS.
Users shall not allow the posting, transmission, or storage of data or content on or through CMW Consulting Services, CMW Consulting Network or its physical infrastructure which, in CMW Consulting’s sole determination, constitutes a violation of any federal, state, local or international law, regulation, ordinance, court order or other legal process (“Applicable Law”). Users shall be responsible for determining which Applicable Laws are applicable to their use of CMW Consulting Services. Prohibited content includes, without limitation, (a) content
or code that facilitate any violation of, or describe ways to violate, this AUP or (b) “harvested” addresses or information, (c) “phishing” websites, or (d) “spamvertising” sites.
A User shall not knowingly host on its Servers, use CMW Consulting Services or transmit over CMW Consulting Network, any material believed by CMW Consulting to constitute child pornography. In addition to any other actions it may take under this AUP, CMW Consulting reserves the right to cooperate fully with any criminal investigation of content located on a Server that constitutes alleged child pornography or an alleged violation of Applicable Law.
Users’ Security Obligation
Users must use reasonable care to ensure the security of each Server, CMW Consulting Network and its physical infrastructure. A Customer is solely responsible for any intrusions into, or security breaches of, any of its Servers, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by the Customer. CMW Consulting reserves the right to disconnect without refund or the provision of service credit any Servers which disrupt CMW Consulting Network or any hardware objects on the network as a result of a security compromise.
Users are prohibited from engaging in any activities that CMW Consulting determines, in its sole discretion, to constitute network abuse, including, but not limited to, the following:
Introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers.
Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
Executing any form of network activity that will intercept data not intended for the Customer’s server.
Evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks.
Interfering with or denying service to any user, host, or network other than the Customer’s host, such as a denial of service attack or distributed denial of service attack.
Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information.
Soliciting the performance of any illegal activity, even if the activity is not performed.
Using any program, or sending messages of any kind, designed to interfere with or disable a user’s terminal session.
If you believe that a violation of this AUP has occurred it is required that you notify CMW Consulting immediately as outlined in the Reporting Violations section of this document.
Intellectual Property Infringement Policy
Users may not transmit, distribute, download, copy, cache, host, or otherwise store on a Server, CMW Consulting Network or its physical infrastructure any information, data, material, or work that infringes the intellectual property rights of others or violates any trade secret right of any other person. CMW Consulting has the right to disable access to, or remove, infringing content to the extent required under any law or regulation, including the Digital Millennium Copyright Act of 1998. For your convenience, information concerning procedures for making claims of copyright infringement for purposes of Title 17, Section 512, of the United States Code is contained at the Legal section of our website.
If any Customer or any Third Party User, including those that are customers of our Customers, repeatedly violates CMW Consulting’s Intellectual Property Infringement Policy, any copyright law or any
other intellectual property right, CMW Consulting reserves the right to (i) suspend permanently or terminate CMW Consulting Services of such Customer and/or (ii) suspend permanently or terminate the access to CMW Consulting Services, CMW Consulting Network or its physical infrastructure by such Third Party User.
E-mail and Anti-Spamming Policy
Users may not (i) send unsolicited bulk messages over the Internet (i.e., “spamming”), (ii) create fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites (i.e., “splogs”) or (iii) send spam to weblog sites or automatically post random comments or promotions for commercial services to weblogs (i.e., “spamming blogs”). Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. Mass Mailings – Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from the User. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to CMW Consulting upon its request. If a User cannot provide positive and verifiable proof of such consents and opt-ins, CMW Consulting will consider the mass mailing to be unsolicited.
Mailing Lists – Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using a Confirmed Opt-In or Closed-Loop Opt-In process or that has made their e-mail addresses available to a User for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and Confirmed Opt-In or Closed-Loop Opt-In elections and provide such records to CMW Consulting upon its request. If a User cannot provide positive and verifiable proof of such consents and Confirmed Opt-In or Closed-Loop Opt-In elections, CMW Consulting will consider the list mailing to be unsolicited. Any User-maintained mailing list must also allow any party on the list to remove itself automatically and permanently.
Other prohibited activities include, without limitation, the following:
Use of CMW Consulting Network for the receipt of replies to unsolicited mass e-mail.
Forgery of e-mail headers (“spoofing”).
Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.
Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.
Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”).
Hosting web pages or providing services that support spam.
Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages.
Instructing others in any activity prohibited by this AUP.
If any Customer or any Third Party User that is a customer of our Customer uses CMW Consulting Services, CMW Consulting Network or its physical infrastructure in a manner that causes CMW Consulting to be “blacklisted” or blocked, CMW Consulting reserves the right to (i) suspend permanently or terminate CMW Consulting Services of such Customer and/or (ii) suspend permanently or terminate the access to CMW Consulting Services, CMW Consulting Network or its physical infrastructure by such Third Party User. Operating CMW Consulting Service on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.
Block Removal – If, as a result of a Customer’s actions, CMW Consulting’s mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, CMW Consulting shall charge Customer $100 upfront and $100 per hour thereafter for any necessary remedial actions.
CMW Consulting owns each IP address that it assigns to a Customer. A Customer shall not use IP addresses that were not assigned to it by CMW Consulting. CMW Consulting reserves the right to suspend the network access of any server utilizing IP addresses outside of the assigned range.
Customers may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. Harassing or abusive IRC activity is expressly prohibited under the AUP, including (i) disruption or denial of service or (ii) the use or joining of “botnets” or the use of IRC BNC’s or other proxy and re-direction software. If a Customer’s IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or denies service to other Customers or users, CMW Consulting may null-route, filter, suspend, or terminate that Customer’s service.
Usenet posts and content must conform to standards established by the Internet community and the applicable newsgroup charter. CMW Consulting reserves the right to determine whether such posts violate the AUP.
Users will cooperate and comply with any civil or criminal investigation regarding use of CMW Consulting Services, CMW Consulting Network or its physical infrastructure or content located on its Servers or transmitted using CMW Consulting Services, CMW Consulting Network or its physical infrastructure, including, without limitation, the following: discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court, government entity or regulatory agency (each an “Investigation”). CMW Consulting may charge a User or any person seeking compliance with an Investigation for the reasonable costs and expenses associated with CMW Consulting’s compliance with any Investigation. CMW Consulting reserves the right to comply with any Investigation without notice to a User. Customers shall not be entitled to a refund or any service credits, and CMW Consulting shall not be in default under any agreement for CMW Consulting Services, if its compliance with any Investigation causes a User to incur downtime or requires the sequestering of all or a portion of the Servers. CMW Consulting also reserves the right to disclose information relating to Users and their use of CMW Consulting Services, CMW Consulting Network or its physical infrastructure or information transmitted, owned by or stored by or on behalf of any User, if such information is disclosed in connection with an Investigation or in order to prevent the death of or bodily harm to any individual, as determined by CMW Consulting in its sole discretion.
Violations of AUP
CMW Consulting may enforce this AUP, with or without notice to a User, by any action it deems reasonable, in its sole discretion. In addition to the remedial provisions provided elsewhere in this AUP, CMW Consulting may:
Disable access to a User’s content that violates this AUP.
Suspend or Terminate a User’s access to CMW Consulting Services, CMW Consulting Network or its physical infrastructure.
Remove DNS records from Servers.
Block mail or any other network service.
Effect IP address null routing.
Take legal action against a User to enforce compliance with this AUP.
If there is a violation of this AUP direct the information to the Abuse Department at email@example.com.
If available, please provide the following information:
The IP address used to commit the alleged violation.
The date and time of the alleged violation, including the time zone or offset from GMT.
Evidence of the alleged violation.
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. CMW Consulting may take any one or more of the following actions in response to complaints:
Issue written or verbal warnings.
Suspend the User’s newsgroup posting privileges.
Suspend the User’s account.
Terminate the User’s account.
Bill the User for administrative costs and/or reactivation charges.
Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations.
If any User uses CMW Consulting Services, CMW Consulting Network or its physical infrastructure in a manner that exposes CMW Consulting to potential liability, as reasonably determined by CMW Consulting, CMW Consulting may suspend permanently or terminate the access to CMW Consulting Services, CMW Consulting Network or its physical infrastructure by such User.
The remedial actions set forth in this AUP shall not be construed in any way to limit the actions or remedies that CMW Consulting may take to enforce and ensure compliance with this AUP. CMW Consulting reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a User’s violation of this AUP. No refund or service credits will be issued for any interruption in service resulting from violations of this AUP.
CMW Consulting reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP, with such investigation to include accessing of data and records on, or associated with, any Server, CMW Consulting Network or its physical infrastructure.
forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses, to conceal or misidentify the origin of a message;
creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
hacking, and/or subverting, or assisting others in subverting, the security or integrity of our products or systems;
soliciting the performance of any illegal activity, even if the activity itself is not performed;
threatening bodily harm, or encouraging bodily harm or property destruction;
harassing another, or encouraging harassing behavior;
engaging in outright fraud, or using services to engage in scams like pyramid schemes;
collecting personal information about others without their knowledge or consent;
instructing others in prohibited activities;
using services to disseminate or display images classified under U.S. law as child pornography, child erotica (regardless of literary or artistic merit) and/or bestiality
acting in any manner that might subject CMW Consulting to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect CMW Consulting’s public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.
creating fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites.
sending spam to weblog sites or automatically posting random comments or promotions for commercial services to weblogs