Hosting
Policy
As a provider of web site hosting,
co-location and other Internet-related services, Cavalier
Web Solutions offers its customers, and their customers
and users, the means to acquire and disseminate a wealth
of public, private, commercial, and non-commercial information.
Cavalier Web Solutions respects that the Internet provides
a forum for free and open discussion and dissemination
of information, however, when there are competing interests
at issue, Cavalier Web Solutions reserves the right
to take certain preventative or corrective actions.
In order to protect these competing interests, has developed
an Acceptable Use Policy, which supplements and explains
certain terms of each customer’s respective service
agreement and is intended as a guide to the customer’s
rights and obligations when utilising Cavalier Web Solutions'
services. This Acceptable Use Policy will be revised from time to time.
One important aspect of the Internet is that no one
party owns or controls it. This fact accounts for much
of the Internet’s openness and value, but it also
places a high premium on the judgment and responsibility
of those who use the Internet, both in the information
they acquire and in the information they disseminate
to others. When customers obtain information through
the Internet, they must keep in mind that Cavalier Web Solutions
cannot monitor, verify, warrant, or vouch for the accuracy
and quality of the information that customers may acquire.
For this reason, the customer must exercise his or her
best judgment in relying on information obtained from
the Internet, and also should be aware that some material
posted to the Internet is sexually explicit or otherwise
offensive. Because Cavalier Web Solutions cannot monitor or censor
the Internet, and will not attempt to do so, Cavalier Web Solutions
cannot accept any responsibility for injury to its customers
that results from inaccurate, unsuitable, offensive,
or illegal Internet communications.
When customers disseminate information through the
Internet, they also must keep in mind that Cavalier Web Solutions
does not review, edit, censor, or take responsibility
for any information its customers 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 Cavalier Web Solutions'
network and may reach a large number of people, including
both customers and non-customers of Cavalier Web Solutions, customers’
postings to the Internet may affect other customers
and may harm Cavalier Web Solutions' goodwill, business reputation,
and operations. For these reasons, customers violate
Cavalier Web Solutions' Acceptable Use Policy and the service
agreement when they, their customers, affiliates, or
subsidiaries engage in the following prohibited activities:
Spamming
Sending unsolicited bulk and/or commercial messages
over the Internet (known as "spamming"). It
is not only harmful because of its negative impact on
consumer attitudes toward Cavalier Web Solutions, but
also because it can overload Cavalier Web Solutions'
network and disrupt service to Cavalier Web Solutions
customers as well as customers of other providers co-located
alongside us. Also, maintaining an open SMTP relay is
prohibited. When a complaint is received, Cavalier Web
Solutions has the discretion to determine from all of
the evidence whether the email recipients formed part
of an acceptable "opt-in" mailing list or
whether the email recipients should have reasonably
expected to receive such solicitation. Cavalier Web
Solutions will take action upon receipt of a complaint
regarding unsolicited bulk and/or commercial messages,
whether such a complaint is received from a customer
of the Cavalier Web Solutions, a vendor for the Cavalier
Web Solutions, or an external Internet user. This action
may include automatic and immediate suspension or cancellation
of services without refund.
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.
Cavalier Web Solutions is required by law to remove
or block access to customer content upon receipt of
a proper notice of copyright infringement. It is also
Cavalier Web Solutions policy to terminate the privileges
of customers who commit violations of copyright laws.
Initial notice will be accepted by email, however formal
reports and complaints of infringement of intellectual
property rights must be lodged by registered post to:
Cavalier Web Solutions
3344 Lynnhurst Blvd.
Chesapeake VA. 23321
Obscene Speech or Materials
Using Cavalier Web Solutions network to advertise,
transmit, store, post, display, or otherwise make available
child pornography or obscene speech or material. Cavalier
Web Solutions is required by law to notify appropriate
enforcement agencies when it becomes aware of the presence
of child pornography on or being transmitted through
Cavalier Web Solutions' network.
Defamatory or Abusive Language
Using Cavalier Web Solutions 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 Unauthorised Access to Other Computers
or Networks
Accessing illegally or without authorisation 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, mail bombing, 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 Acceptable
Use Policy
Advertising, transmitting, or otherwise making available
any software, program, product, or service that is designed
to violate this Acceptable Use Policy, which includes
the facilitation of the means to spam, initiation of
pinging, flooding, mail bombing, denial of service attacks,
and piracy of software.
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.
Terrorism
Terrorism, or terrorism related sites, or sites linking
to those, are not permitted on our servers. Cavalier
Web Solutions will co-operate with any law enforcement
agencies seeking information pertaining to such websites
and their administrators.
Other Activities
Engaging in activities, whether lawful or unlawful,
that Cavalier Web Solutions determines to be harmful
to its customers, operations, reputation, goodwill,
or customer relations.
As we have pointed out, the responsibility for avoiding
the harmful activities just described rests primarily
with the customer. Cavalier Web Solutions will not, as an ordinary
practice, monitor the communications of its customers
to ensure that they comply with Cavalier Web Solutions' Acceptable
Use Policy or applicable law. When Cavalier Web Solutions 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.
Cavalier Web Solutions also is aware that many of its
customers are, themselves, providers of Internet services,
and that information reaching Cavalier Web Solutions
facilities from those customers may have originated
from a customer of the customer or from another third-party.
Cavalier Web Solutions does not require its customers
who offer Internet services to monitor or censor transmissions
or web sites created by customers of its customers.
Cavalier Web Solutions has the right to directly take
action against a customer of a customer. Also, Cavalier
Web Solutions may take action against the Cavalier Web
Solutions customer because of activities of a customer
of the customer, even though the action may effect other
customers of the customer. Similarly, Cavalier Web Solutions
anticipates that customers who offer Internet services
will co-operate with Cavalier Web Solutions in any corrective
or preventive action that Cavalier Web Solutions deems
necessary. Failure to co-operate with such corrective
or preventive measures is a violation of Cavalier Web
Solutions' s Acceptable Use Policy.
Cavalier Web Solutions also 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, Cavalier Web Solutions urges its customers to assume
that all of their on-line communications are insecure.
Cavalier Web Solutions cannot take any responsibility for the
security of information transmitted over Cavalier Web Solutions'
s facilities. Some vendors for Cavalier Web Solutions may offer
liability insurance and other associated guarantees
and undertakings pertaining to activities carried out
on Cavalier Web Solutions' network or on an external network by
Cavalier Web Solutions customers, and the resolution of those
matters is strictly between the vendor and the customer
of Cavalier Web Solutions.
Cavalier Web Solutions will not intentionally monitor private
electronic mail messages sent or received by its customers
unless required to do so by law, governmental authority,
or when public safety is at stake. Cavalier Web Solutions may,
however, monitor its service electronically to determine
that its facilities are operating satisfactorily. Also,
Cavalier Web Solutions may disclose information, including but
not limited to, information concerning a customer, 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. Cavalier Web Solutions assumes no obligation
to inform the customer that customer information has
been provided and in some cases may be prohibited by
law from giving such notice. Finally, Cavalier Web Solutions may
disclose customer information or information transmitted
over its network where necessary to protect Cavalier Web Solutions
and others from harm, or where such disclosure is necessary
to the proper operation of the system.
Cavalier Web Solutions expects that its customers who provide
Internet services to others will comply fully with all
applicable laws concerning the privacy of on-line communications.
A customer’s failure to comply with those laws
will violate Cavalier Web Solutions' Acceptable Use Policy. Finally,
Cavalier Web Solutions wishes to emphasise that in signing the
service agreement, customers indemnify Cavalier Web Solutions
for any violation of the service agreement, law, or
Cavalier Web Solutions' Acceptable Use Policy, that results in
loss to Cavalier Web Solutions or the bringing of any claim against
Cavalier Web Solutions by any third-party. This means that if
Cavalier Web Solutions is sued because of a customers' or customer
of a customers' activity, the customer will pay any
damages awarded against Cavalier Web Solutions, plus costs and
reasonable legal fees.
Cavalier Web Solutions places great value on its goodwill and
reputation and customers agree not to act in any manner
that may damage or harm the goodwill or reputation of
Cavalier Web Solutions and/or its associated group of services.
We hope this Acceptable Use Policy is helpful in clarifying
the obligations of Internet users, including Cavalier
Web Solutions and its customers, as responsible members
of the Internet. Any complaints about a customer’s
violation of this Acceptable Use Policy should be sent
in the first instance by email, to Cavalier Web Solutions
at clongest@CavalierWebSolutions.com
Limited Warranty; Limitation of Liability;
Indemnification Limited Warranty
You acknowledge that the Services are provided "as
is." Neither Cavalier Web Solutions, nor any of its employees
or agents, warrants that the Services will be uninterrupted,
error free or free from viruses or other harmful components.
Cavalier Web Solutions is not responsible for and hereby disclaims
any warranties, either expressed or implied, regarding
the quality, accuracy, or validity of the data and/or
completeness, non-infringement, merchantability or fitness
for a particular purpose of information available on
its SERVERS or residing on or passing through its interconnecting
networks. Use of information obtained from or through
the Services is at your risk. Under no circumstances
will Cavalier Web Solutions be liable to you or any other person
for any loss or damage caused by your reliance on information
available on its servers or obtained through the Services.
IN NO EVENT SHALL CAVALIER WEB SOLUTIONS BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS
AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE
CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT
OR YOUR USE OR INABILITY TO USE CAVALIER WEB SOLUTIONS
SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY
OF CAVALIER WEB SOLUTIONS SERVERS), REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, EVEN IF CAVALIER WEB SOLUTIONS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CAVALIER WEB SOLUTIONS MAXIMUM LIABILITY
EXCEED THE TOTAL AMOUNT PAID BY YOU TO CAVALIER WEB
SOLUTIONS FOR THE SERVICES DURING THE PRIOR TWELVE (12)
MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT
ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, CAVALIER WEB SOLUTIONS LIABILITY
IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold Cavalier Web Solutions
and its affiliates, directors, officers, employees and
agents harmless from and against any liabilities, losses,
damages or costs, including reasonable attorneys' fees,
resulting from any third-party claim, action, dispute
or demand related to your use of the Services, your
violation of any of the provisions of this Agreement
or from your placement or transmission of any materials
or content onto Cavalier Web Solutions's servers. Such liabilities
may include, but are not limited to, those arising from
the following: (a) with respect to your business, (i)
infringement or misappropriation of any intellectual
property rights; (ii) defamation, libel, slander, obscenity,
pornography, or violation of the rights of privacy or
publicity; or (iii) spamming, or any other offensive,
harassing or illegal conduct or violation of the acceptable
uses described herein or anti-spam policy; (b) any damage
or destruction to Cavalier Web Solutions's equipment or to any
other accountholder, which damage is caused by or otherwise
results from acts or omissions by you, your representative(s)
or your designees; (c) any personal injury or property
damage arising out of your activities related to the
Services, unless such injury or property damage is caused
solely by Cavalier Web Solutions's gross negligence or willful
misconduct; and (d) any other damage arising from your
equipment or your business.
Contact Us
If you have any questions about this Privacy Policy
or this site, you may contact us at clongest@cavalierwebsolutions.com.
Last Revised: February 12th, 2004.
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