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Acceptable Use Policies |
1. Purpose.
This Policy is designed to assist in
protecting the Services provided by Clearfly, the System, Users
of the System, the Internet and the Internet community as a
whole from improper and/or illegal activity and any activities
contrary to this Policy may be prohibited.
2. Prohibited
Activities.
Users failure to comply with this Policy shall
constitute a violation by Customer as determined in Clearfly’s
sole discretion (“Violation”), with each such failure
constituting a separate Violation.
A Violation of this Policy may result in suspension or
termination of Service and/or termination of Customer’s
Agreement, as described below.
Customer shall immediately notify Clearfly if they know
or have a reasonable suspicion that a User of the System is
using it in Violation of this Policy.
Customer shall contractually require that all Users
comply with this Policy.
Prohibited activities include, without limitation, the
following:
2.1 Illegal Use.
Use of the System in violation of any law is
prohibited. Any use
of the System for the transmission, distribution, retrieval, or
storage of material (“Transmission”) that violates any law or is
in furtherance of any criminal enterprise is prohibited,
including, without limitation, the following: (i) Intellectual
property – unauthorized Transmission of material protected by
patent, copyright, trade secret, or other intellectual property
right (including, without limitation, the Digital Millennium
Copyright Act); (ii) Inappropriate content – any Transmission of
material that is obscene or constitutes child pornography,
material that is libelous, defamatory, hateful, or that
constitutes an illegal threat or abuse; (iii) Export control –
Unauthorized Transmission of any material that may violate
export control laws or other regulations (iv) Forging of Headers
– misrepresenting or forging message headers to mask the
originator of a message; (v) CAN-SPAM ACT – failure to comply
with all provisions of the CAN-SPAM Act (15 U.S.C 7701, et.
seq., and 16 CFR Part 316).
2.2 System and
Network Security.
Clearfly makes no guarantee regarding, and
assumes no liability for, the security and integrity of any data
or information transmitted by a User over the Internet.
Use of the System is subject to CALEA. Any attempt to
breach system and network security measures is a Violation, and
may result in criminal and civil liability. These Violations
include, without limitation, the following: (i) Unauthorized
Access – Users may not attempt to gain unauthorized access to or
attempt to interfere with the normal functioning and security of
System or any other system, computers, accounts, or networks or
purposely breach firewalls or security measures of another
company's or individual's system (hacking); (ii) Unauthorized
Monitoring – Users may not attempt to monitor any information on
any network or system without authorization from the network
administrator; (iii) Interference - Users may not attempt to
intercept, redirect or otherwise interfere with communications
intended for others; (iv) Fraud/Forgery – Users may not
impersonate another party by altering IP addresses or forging
TCP-IP packet header information within an e-mail or newsgroup
posting.; (v) “Denial of Service Attacks” – Users may not cause
or further a denial of service attack or otherwise flood or
attempt to overload a system; (vi) Virus Transmission - Users
may not intentionally or negligently transmit files containing a
computer virus, Trojan Horse, worms, corrupted data or other
destructive activities.
2.3 E-mail and
Usenet News.
Customer agrees that it shall be responsible
for monitoring the use of the Service and that Clearfly shall
not be obligated to monitor such use. Customer agrees that the
following uses are Violations: (i) Unsolicited E-mail – Customer
may not allow the Services to be used to transmit SPAM or
collect the responses from excessive volumes of unsolicited
commercial e-mail messages.
“SPAM” shall mean an unsolicited bulk e-mail sent to a
recipient where: (a) the recipient’s personal identity or
context are irrelevant because the message is equally applicable
to other potential recipients and (b) the recipient has not
verifiably granted deliberate, explicit and still-revocable
permission for it to be sent.
The use of another provider's service to send unsolicited
commercial or bulk e-mails, SPAM or mass mailings to promote a
site hosted on or associated with the System is similarly
prohibited; (ii) E-mail Relay - the use of another party's
e-mail server to relay e-mail without express permission from
such party is prohibited; (iii) Usenet - all postings by Users
to USENET groups must comply with that group's charter and other
applicable guidelines and Policy. Cross-posting and continuous
posting of off-topic messages including commercial messages, is
prohibited; (iv) Bulk e-mail – Customer shall not allow the
Service to be used to send bulk e-mails unless the recipient of
such e-mail has verifiably confirmed permission for the address
to be included on the specific mailing list, by confirming
(responding to) the list subscription request verification
(“Closed-Loop Opt-In”); and (v) Blacklisted IP-Address –
Customer may not allow an IP-Address that is registered to
Clearfly and used by Customer to become blacklisted, banned or
blocked by a third-party that monitors improper or illegal use
of the Internet.
2.4 Complaints.
In the event Clearfly receives any complaints
from third parties with respect to a User’s use of the System
(“Complaints”), Customer shall, within twenty-four (24) hours,
respond to such Complaints to the reasonable satisfaction of
Clearfly and any failure to so respond shall be deemed a
Violation authorizing Clearfly to take any of the actions
described in Section 3.
In addition, in the event Clearfly receives more than
five (5) Complaints in a twenty-four (24) hour period or more
than ten (10) Complaints in any thirty (30) day period, it shall
be deemed a Violation authorizing Clearfly to take any of the
actions described in Section 3.
In the event that Clearfly has a good faith
suspicion that Customer is in violation of Section 2, Customer
shall, within twenty-four hours of a request by Clearfly,
provide to Clearfly a copy of any Transmission or e-mail that
caused such suspicion or generated a Complaint as well as the
underlying consent by the recipient to receive such Transmission
or e-mail, provided that, Customer shall take appropriate action
to protect the privacy of the recipient.
3. Warning / Suspension / Termination.
In the event of a Violation, Clearfly may, in
its sole and absolute discretion, take any or all of the
following actions: (i) Warning – Clearfly may issue a verbal,
e-mail or written warning notifying the Customer of the
Violation and the corrective action that must be taken.
A warning may also provide that Clearfly will suspend or
terminate all or part of a Customer’s service in the event of
any additional Violation; (ii) Suspension – Clearfly may
suspend, with or without warning, all or part of a Customer’s
Service and may condition restoration of such Service upon
Customer affecting corrective action; (iii) Termination –
Clearfly may, with or without warning, and with or without prior
suspension terminate all or part of Customer’s service and may
terminate Customer’s Agreement with Clearfly.
The foregoing is not an exhaustive list of
actions Clearfly may take in the event of a Violation and
suspension or termination of Customer’s Service is not an
exclusive remedy and shall not affect any other rights Clearfly
may have under the Agreement.
Clearfly shall have no liability to Customer or Users in
the event the Customer’s Agreement is terminated and/or a User’s
service is suspended or terminated in accordance with this
Policy.
4. Miscellaneous.
Failure of Clearfly to enforce this Policy or
take any action with respect to a Violation shall not constitute
a waiver of its right to enforce any other Violation.
Clearfly takes no responsibility for any material created
or accessed via the System and does not monitor, verify, warrant
or validate the integrity, accuracy and quality of information
it receives or transmits, but reserves the right to do so in the
event it has a good faith suspicion that a User may have
violated this Policy.
Clearfly will cooperate with appropriate law enforcement
and government agencies or other parties involved in
investigating claims of illegal or inappropriate activity.
Clearfly reserves the right to modify this Policy at any time by
communicating such modified Policy to Customer or by posting it
on Clearfly’s website at www.clearfly.net, effective upon
posting.
Complaints regarding any portion of this
Policy should be sent to
support@clearfly.net
5. Copyright
Infringement
In using Clearfly services, you will abide by
the following policies concerning copyright infringement:
·
You will be aware of copyright
law as it pertains to obtaining or transmitting information on
the Internet.
·
You will take any action needed
to protect your ownership rights for any work created for your
own exclusive use.
·
You will obtain appropriate
licenses for work other than your own that is either transmitted
by you or placed on your personal web page.
·
You will only download files that
can be legally distributed.
·
You will not remove or falsify
the source or origin of any material in any files uploaded.
Copyright And Trademark Claim Notices
If you believe in good faith that Clearfly
should be notified of a potential online copyright infringement
occurring on Clearfly’s systems or network, please promptly
submit to Clearfly a copyright or trademark infringement notice.
All such notices must contain the following:
1.
Identification of the copyrighted work
you claim has been infringed, or, if multiple copyrighted works
at a single online site are covered by a single notification, a
representative list of such works at that site;
2.
Identification of the material that you
claim to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be
disabled by Clearfly, and information reasonably sufficient to
permit Clearfly to locate the material;
3.
Information reasonably sufficient to
permit Clearfly to contact you, such as an address, telephone
number, and, if available, an electronic mail address;
4.
A statement that you believe in good
faith that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law;
5.
A statement under penalty of perjury
that the notification is accurate and that you are either the
owner of an exclusive right that has allegedly been infringed or
are authorized to act on behalf of such owner; and
6.
Your physical or electronic signature as
the owner of the exclusive right that is allegedly being
infringed or of a person authorized to act on your behalf.
Upon receipt of such notification, Clearfly
will remove or disable access to the material that is claimed to
be infringing.
If you receive notice from Clearfly of a claim
of infringement made in relation to material you have placed on
Clearfly’s systems or network and you believe in good faith that
such claim has been wrongly made against you by the claiming
party, you may submit counter-notice to bring about a private
dispute between you and the party claiming copyright
infringement.
Clearfly will
terminate service to those customers, subscribers and account
holders that repeatedly violate federal copyright laws.
All such notices of copyright infringement and
counter-notices must be sent to Clearfly’s Designated Agent that
handles copyright and trademark infringement claims:
Mr. Cody Lerum
Designated Agent for Notification of Claims of
Infringement
Greenfly Networks, Inc. d/b/a Clearfly
Communications
PO Box 20009
Phone: 866-652-7520