| This document
contains Creative Vision's (www.creative-vision.com)
Acceptable Use Policy (AUP).If you / Customer have
concerns or would like clarification or interpretation
on any portion of this policy, please contact legal@creative-vision.com.
It is the responsibility of all Creative Vision's
clients to be familiar with the AUP and clients should
periodically return and review any changes to the
AUP.
Creative Vision may impose upon its customers and
network users reasonable rules and regulations regarding
the use of their services from time to time, this
list of rules is called Acceptable Use Policy (AUP).
Creative Vision's AUP is available for viewing on
our website at http://www.creative-vision.com/terms.php.
Creative Vision reserves the right to modify and
change its AUP at any time, while comprehensive, Creative
Vision's written AUP is not exhaustive. By accepting
these policies and Acceptable Use Policies and/or
other written agreements, you/Customer agree to abide
by the AUP’s as modified from time-to-time. Violations
of these agreements may result in removal from the
Creative Vision network. Removal may be either by
suspension or termination. Creative Vision reserves
the right to determine what activities are appropriate
activity on their network. Any activity which is illegal,
endangers any customer or client of Creative Vision,
endangers others on the network or is irresponsible
may also be deemed violations of the AUP. Creative
Vision will not issue a credit for any interruption
of service incurred as a result of a violation of
our AUP.
You/Customer shall remain solely responsible for
your use of Creative Vision's services and will also
be liable for any damages that would be incurred.
You are also responsible for any and all content which
is displayed, downloaded, uploaded or transmitted
through your account/equipment. Content includes home
pages, web pages, domain names, e-mail, stored data
and any other data stored or transmitted through your
account/equipment. This list is provided without limitation.
Creative Vision reserves the right to refuse service
or access to anyone at any time for any reason.
You/Customer agree any disputes or legal remedies
will be filed in Darlington, County Durhamin UK. This
agreement is governed by the laws of the UK.
Etiquette On The Internet
Customers using Creative Vision's network are expected
to be familiar with and practice good Internet etiquette.
You/customer shall not post, transmit, or permit Internet
access to information the customer desires to keep
confidential. You/customer is not permitted to post
any illegal, libelous, or indecent material, or material/information
likely to result in retaliation against Creative Vision.
Creative Vision reserves the right to determine if
content violates this policy. Creative Vision reserves
the right to refuse or terminate service at any time
for violation of this section. Users of the Creative
Vision network shall comply with the rules appropriate
to any network to which Creative Vision may provide
access.
Refunds
If you take out a yearly package we expect you to
commit for this period of time. Because of your commitment,
we offer a discount on the normal monthly price of
our accounts. If you cancel your account within your
service period then Creative Vision will not make
any refunds on any unused portions of your account.
The same applies to quarterly (minimum contract 3
months) , biannual (minimum contract 6 months) contracts.
While we do not offer refunds for prorated service
(beyond our 14 day money back guarantee) you have
no obligation to continue using our service
14 day money back guarantee
If you are not satisfied with your package (does not
include domain names) you can request a full refund
within 14 days of ordering your package, this will
be given as long as your site has not broken our terms
and conditions. This only applies to new clients not
renewals and the money back guarantee can only be
claimed once per customer.
Webcams
The use of webcams on your site is strictly prohibited.
The reason for this is the amount of bandwidth they
use and most users do not realise that the average
webcam can use between 10GB and 20GB of bandwidth
per month.
High Bandwidth Sites/Script Intensive sites
Sites that use over the free allotted bandwidth for
their package will be charged for all bandwidth used
above their inclusive quota at the current rate posted here. Non payment of bandwidth
charges will lead to suspension of services and a
re-connection fee of $25. Sites which have a high
bandwidth usage or cpu usage can, at Creative Vision's
sole discretion be deemed a 'high resource user' if
this happens the user will be contacted at the email
address we hold on file and informed that the high
resource user policy will be implemented for their
site/package.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor
utilization. To enable us to maintain a high quality
service sites that use a high amount of resources
may be deemed "High Resource Users". Sites who have
been deemed as a "High Resource Users" will be subject
to the following:
- Email notification of our intention to move you
onto the High Resource User policy.
- Correspondence to resolve the high usage problem,
within an agreed period.
- Be subject to an extra monthly charge of $25 per
month to be paid in advance via 2checkout.com.
- Will still be subject to any charges for bandwidth
used over their inclusive quota.
- In extreme cases or cases where a client does
not agree to the above the client will be given
7 days notice of termination of services.
Scripts and programs
As the servers we run are shared servers we do have
to consider everybody's needs and ensure that the
majority of users are protected from scripts/users
who use vast amounts of server resources, run insecure
scripts or run scripts which use an unfair amount
of server CPU and or memory. If a user is found to
run such scripts they will be disabled and a warning
will be sent, if this continues the account will be
terminated with no refund. The following scripts are
expressly forbidden due to either resource problems
or security issues:
IRC
IRC egg drops
Proxy servers
Mail bombers
Anonymous mailers
IP spoofers
Port scanners
nph-proxy
UBB (Ultimate Bulletin Board, all versions)
Ikonboard, Yabb (all versions)
lstmrge.cgi
FormMail.*
The above list is not exclusive and we reserve the
right to add to this as and when information regarding
scripts is available or if a script is found to be
unsafe for a shared server environment.
Legal Usage & Copyright Infringement
Distribution, storage or transmission of any information,
data or material in violation of United States or
state regulation or law, or by the common law, is
prohibited. Creative Vision's network may only be
used for lawful purposes. This includes, but not limited
to, material protected by copyright, trademark, or
other intellectual property rights.
Making illegal or unauthorized copies of software
is a violation of the law. If you copy, distribute
or install software in ways that violate the licensing
agreement with that software, you are violating federal
copyright law. If caught with pirated software, you
or your company may be liable under both civil and
criminal law, and you may be fined up to $250,000
and/or receive up to 5 years in jail.
In compliance with the Digital Millennium Copyright
Act of 1998 (the "DMCA"), please send DMCA notifications
of claimed copyright infringements to: Copyright Infringement,
Creative Vision, Morton Park, Yarm road, Darlington,
Co. Durham, DL1 4PJ, UK or by e-mail to
legal@creative-vision.com.
Creative Vision will cooperate fully with any civil
and/or criminal litigation arising from the violation
of this policy.
Adult Sites
We do not allow adult/pornographic sites to be
hosted.
Child Pornography & Child Protection Act Of
1984
The Child Protection Act of 1984 defines a child as
anyone younger than the age of 18. Creative Vision
will cooperate fully with any criminal investigation
into a Customer's violation of the Child Protection
Act of 1984 concerning child pornography. You/customer
are ultimately responsible for the actions of your
clients operating in or on Creative Vision's network.
You/customer will be liable for illegal material posted
on your equipment/servers, etc. The Child Pornography
Prevention Act of 1996 amends the definition of child
pornography to include that which actually depicts
the sexual conduct of real minor children and that
which appears to be depiction of a minor engaging
in sexual conduct. Altering pornographic images to
look like children can now be prosecuted under this
law.
The Child Protection Act defines but does not limit
child pornography to photographs, films, video or
any other type of visual presentation that shows a
person who is or is depicted as being under the age
of eighteen years and is engaged in or is depicted
as engaged in explicit sexual activity, or the dominant
characteristic of which is the depiction, for a sexual
purpose, of a sexual organ or the anal region of a
person under the age of eighteen years or any written
material or visual representation that advocates or
counsels sexual activity with a person under the age
of eighteen years.
Creative Vision will fully cooperate with and act
proactively against violations of the Child Protection
Act. Abuses and violations of this act should be reported
to the U.S. Customs Agency at 1-800-BEALERT.
Network Policies
Network security is a very important issue. Violations
of network security of any kind are strictly prohibited.
Creative Vision will enforce our security policies
to the full extent of the law.
Violations of these policies may be prosecuted either
criminally or civilly. Creative Vision will contact
and will cooperate with law enforcement if a criminal
violation is suspected. Violations of security violations
include but are not limited to the following: Forging
TCP-IP packet headers in an email or posting; DOS
(denial of service) attacks, mail-bombing, network
flooding, and any attempt to attack Creative Vision's
network and equipment and/or any network connected
to Creative Vision; Monitoring data, packets, or traffic
on the network without written permission from Creative
Vision. (“PACKET SNIFFERS” are a violation of this
policy!); Probing, scanning, or testing for system
vulnerabilities are also forbidden.
Customers are help liable for incorrect network settings
that causes unnecessary broadcast or multicast traffic
on our network, or denial of service (deliberate or
not) caused by forging ARP queries or replies or by
configuring IPs into their machine that were not assigned
to their server. You/customers are responsible for
the expenses and costs attributed to correcting, cleaning
up and repairing any damage that results from violations
of this policy. Creative Vision charges by the hour
for this type of support that is categorized as Security
Breach Support and is charged at a rate of US$350
per hour. This type of support is billed in one-hour
increments.
The nature of the Internet may include breaches in
individual system security. With this in mind, Creative
Vision suggests to its customers and network users
care be taken in regards to sensitive information
and data. Creative Vision cannot be and will not be
responsible for the security of data transmitted on
or through its network or equipment.
Creative Vision controls the network and IP addresses
assigned to our network. You/customer cannot use IP
addresses that were not assigned to you by Creative
Vision. Any equipment found using IPs that was not
assigned to you by Creative Vision will be disconnected
from the network. Repeated violations or violation
for the purposes of violating any part of this agreement
are strictly prohibited. Customers found to have committed
this violation, in Creative Vision's opinion, may
be suspended, terminated or restricted from accessing
Creative Vision's network.
IP allocation is governed by ARIN ( www.arin.net
) policy. ARIN policy states that the use of IP addresses
for IP based virtual hosts will not be accepted as
justification for the allocation of new IP addresses.
This means that you MUST use name based hosting where
possible. We will periodically review IP address usage,
and if we find that clients are using IP addresses
where name-based hosting could be used, we will revoke
authorization to use the IP addresses in violation.
Please contact abuse@creative-vision.com
regarding any violations of our AUP.
Security Responsibility
Creative Vision places the responsibility for security
in the control of you/customer. You/customer are responsible
for maintaining your own security practices and prevention
measures. If you/customer’s equipment is involved
in an attack on another system or equipment, Creative
Vision will remove the server/equipment from the network.
If such an attack occurs, you/customer are responsible
for the costs of rectifying any damage done during
the attack(s). Creative Vision charges by the hour
for this type of support which is categorized as Security
Breach Support and is charged at a rate of US$350
per hour. This type of support is billed in one hour
increments.
You/customer are responsible for maintaining the
integrity of your password and login information.
Creative Vision does not recommend sharing password
information unless you know the individual you are
sharing it with. Creative Vision also recommends against
emailing password/login information across non-secure
networks. Creative Vision prohibits the use of scripts
or programs used to guess or brute force password
information to gain access to other systems or networks
without express permission of the network owner or
administrator.
Please direct all security and abuse matters to abuse@creative-vision.com
Please note: Telnet is not a secured means of communication.
Username and passwords are sent clear text.
Unsolicited Bulk Email and SPAM
Creative Vision strictly prohibits the sending SPAM
(a definition of spam can be found here) over our network. You/customer may not use
or permit others to use our network to send SPAM or
unsolicited email. Creative Vision does not permit
hosting of sites or information that is advertised
via SPAM sent from other networks. As our Customers
are ultimately responsible for the actions of their
clients over the Creative Vision network, it is advisable
that Customers develop a similar, or stricter, policy
for their clients. Violations of this policy carry
penalties, including termination of service and removal
from our network.
Upon notification of an alleged violation of our SPAM
policy, Creative Vision will initiate an investigation.
During the investigation, Creative Vision may suspend
customers’ access to the network. If our investigation
determines a customer is in violation of our policy,
we may restrict, suspend or terminate customer's account.
Please note this includes but is not restricted to:
- Sending spam or bulk email through our servers
- Advertising your site in spam or bulk email
- Using our services to promote spam or bulk email
services or software
The use of our hosting services to advertise bulk
email services, bulk email software or activities
of this kind will result in immediate termination
of your account and immediate deletion of all files
from our servers, no notice will be given.
Creative Vision also reserves the right to pursue
civil remedies for any costs associated with the investigation
of a substantiated policy violation. If Creative Vision
believes criminal activities have occurred, Creative
Vision will report and cooperate with authorities.
Violations of Creative Vision's SPAM policy may be
reported to abuse@creative-vision.com
Please note our servers use MAPS, SpamCop and other mechanisms to stop spam from hitting
our servers. We take SPAM very seriously and will
take extra measures as and when needed in our fight
against it.
If you require guidelines on using mail lists legitimately
please consult this document for some basic guidelines
Billing
You/customer are responsible for paying for any resources
that are used to connect the your/customer's equipment
to the Internet. If you/customer choose to cancel
or suspend your own account or remove your equipment
from the network, you will still be responsible for
all resources consumed prior to removal from the network.
For our Co-Location customers, all invoices must be
paid in full prior to removing equipment from the
Data Center. Creative Vision will charge a $25 late
fee each month if payment is not received by the invoice
due date, this includes declined credit cards.
Third Parties
Any third party acting on your behalf must abide by
this Acceptable Use Policy. If you provide third parties
with services that utilize any part of Creative Vision’s
systems, services or networks you must also present
them with an AUP that complies with ours. If your
AUP conflicts with our AUP, our AUP will take precedence
over customers’ AUP.
Remedies – Suspension And/Or Cancellation
If Creative Vision determines, in our opinion, your
equipment or server is the source of a violation of
our AUP, we reserve the right to suspend your account
until such violation can be confirmed. Creative Vision
may also suspend a customer’s account for any reason
Creative Vision determines such action is prudent.
If during Creative Vision’s investigation we determine
illegal or improper activity occurred, Creative Vision
may deactivate a customers account. You/customer will
not be credited for the time network access was suspended.
All advance fees paid in advance of cancellation will
be prorated and refunded by Creative Vision. Any additional
costs incurred by Creative Vision resulting from a
violation of our AUP will be billed and must be paid
prior to releasing customer’s equipment. Such invoices
shall also be deducted from any prepayments.
Indemnification and Disclaimer
You/customer agrees to indemnify Creative Vision for
any violation of Creative Vision’s service agreement,
law or AUP that results in loss to Creative Vision.
You/customer also agree to hold Creative Vision harmless
of any claims against you or Creative Vision for violations
of this policy. If Creative Vision shall be enjoined
in a law suit because of a customer's or a customer
of a customer's activity, you/customer shall be responsible
for any damages awarded against Creative Vision, plus
costs and reasonable attorney's fees.
Creative Vision shall not be responsible for looking
into each customer's or network user's activities
to determine if a violation of Creative Vision’s AUP’s
has occurred. Creative Vision shall be responsible
for monitoring or regulating customer’s use of our
network. Creative Vision shall not be responsible
for any inappropriate behavior or use of its network
and shall not be responsible for any other user's
violation of this policy.
All users of Creative Vision’s network must comply
to our current AUP. Violations of our AUP’s by a third
party on your behalf shall be considered violations
of these AUP’s by you. Creative Vision will attempt
to contact you/customer via e-mail, telephone or writing
via Mail or FAX at the address or number provided
to Creative Vision by you/customer. It is your/customer’s
responsibility to notify Creative Vision in writing
of any changes of contact information.
Miscellaneous
You accept that Creative Vision has the right to change
the content or technical specifications of any aspect
of the Service at any time at its sole discretion.
You further accept that such changes may result in
your being unable to access the Service. You further
accept that the Company has the right to transfer
or assign any of its rights and obligations with respect
to the service to any third party.
Deletion or omission of any part, portion or section
of this agreement does not void, nullify or negate
any other part, portion or section of this agreement.
Creative Vision reserves the right to change this
agreement at any time. The current version/form of
this agreement will be available 24/7 at http://www.creative-vision.com/terms.php
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