Acceptable Use Policy
Acceptable Usage Of Our Services
Cunningham Web Solutions,(hereafter referred to CWS, we, us or our) is dedicated to providing its customers (Customer, you, your) with an all-round top quality service, while at the same time satisfying our legal and ethical responsibilities. To this end, we have set out below our Acceptable Use Policy (AUP). Our AUP is incorporated into our Terms & Conditions and any other contracts we have with you by this reference.
We reserve the right to make changes to this AUP at any time. We will provide you with notice of these changes by sending a notice to the email registered on file. If we make a change that materially impacts your ability to use the Services, you may terminate the affected Services without penalty. Failure to abide by the terms of this AUP shall be grounds for immediate account suspension or termination, in some cases without notice, and forfeiture of all fees paid. Please note that the evolving nature of the Internet prevents us from including in this AUP all possible unacceptable uses of the Services. We reserve the right to determine, in our sole discretion, what other activities are unacceptable. It is your responsibility to ensure that your End Users comply with the terms of this AUP. Your failure to do so constitutes a violation of this AUP.
To report suspected abuses or any violations of these policies, please open a ticket with our support team. You may visit the helpdesk by clicking submit ticket
CWS servers may be used for lawful purposes only. Transmission, storage, presentation or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. Examples of such violations are provided below. This list is intended as a guide for you and your End Users, and does not represent all possible unlawful uses of the Services.
- obscene speech;
- promoting violence or injury;
- using defamatory, threatening or abusive language;
- gambling, or similar activities such as HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes;
- violation of intellectual property rights of others;
- 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 CWS's services or systems;
- child Pornography, Child Erotica and Bestiality
- acting in any manner that might subject us to unfavorable regulatory action, any liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion;
- soliciting the performance of any illegal activity, even if the activity itself is not performed;
- directly facilitating violation of a law or regulation; and/or instructing others in prohibited activities.
Unsolicited Email - SPAM
The only email marketing activities allowed under this AUP are those compliant with the CAN-SPAM Act. We strongly encourage you to familiarise yourself with this act before engaging in any email marketing activities using our services. Please note that activities permitted under the CAN-SPAM Act can still be violations of this AUP for other reasons, and may result in immediate suspension or termination of your account, without notice, as determined by us in our sole discretion.
Spam is strictly prohibited under this AUP. We reserve the right to determine, in our sole discretion, what constitutes a violation of this spam policy, but include the following as a guide: unsolicited or unauthorised advertising and promotional materials such as "junk mail," "instant messaging," "chain letters," or "pyramid schemes." An electronic message is "spam" IF: (1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.
You shall also be in violation of this section if you engage in any of the foregoing activities using the service of another host, but use our Services as a mail drop for responses, or to host a site advertised in spam.
This AUP also prohibits any actions that compromise our system and/or network security, the security of our customers, and that of the Internet generally. We reserve the right to immediately suspend or terminate your account, without notice, as a result of such actions by you or your End Users. You may also be exposed to criminal and civil liability based on your actions. Examples of such actions include, but are not limited to, unauthorised access, use, probe, or scan of a system security or authentication measure, data or traffic; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. You are aware that the Internet can be an insecure environment, and are responsible for ensuring the security of your data, passwords, username and confidential information.
Violation of Rights
You shall not, and your End Users shall not, use our services to violate the intellectual property rights of others, including, but not limited to, copyright, trademark, trade secret and patent rights. You shall not, and your End Users shall not, use our services to violate the recognised rights of others, including, but not limited to, acts that defame, harass, abuse or threaten others.
We own the IP numbers and addresses that may be assigned to you pursuant to your use of the services. These addresses may not be assigned or transferred, and are recycled upon termination of the services. We reserve the right to change these numbers.
On occasion, we may need to communicate with you by email about issues related to billing, service changes, additions and modifications to our network. It is your responsibility to provide us with a working, monitored, email address, and to update us on any changes to your account or contact information. We have no responsibility for communications misdirected as a result of your failure to provide us with correct contact information.
The use, and misuse, of our services changes over time. If we determine that your use of our services negatively impacts our ability to provide services to other customers, may subject us to liability, indicates your unfamiliarity with use of the services, or if you abuse our staff, we may terminate your account.
Actions Upon AUP Violations
Your violation of any of the terms of this AUP may result in immediate suspension or termination of your account, without notice. We are the sole arbiter of what constitutes a violation of this AUP.
Upon learning of an alleged violation, we shall initiate an investigation. During this time, it may be necessary to restrict your access to the Service to prevent further potentially unauthorised activity. If such violation could constitute a criminal offense, we may notify the appropriate law enforcement authorities.
Under no circumstances shall we issue credits for suspension of your Service because of an AUP violation. You agree to hold CWS harmless from any claims that a suspension or termination of Services for this reason has damaged an End User.