Acceptable Use Policy
INTRODUCTION
By accessing this website, or by contracting with us for service, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this service/website.
Cinnabar Graphic Design reserves the right to change or modify the terms of the AUP at any time, by posting an updated version on its website. Customer’s use of Cinnabar Graphic Design’s services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.
SCOPE OF THE AUP
The AUP applies to Cinnabar Graphic Design services that provide (or include) Internet services, including but not limited to, any service providing access to the Internet, hosting services or any other services provided over the Internet or wireless data networks.
PROHIBITED ACTIVITIES
General Prohibitions: Cinnabar Graphic Design prohibits use of these services in any way that is:
- unlawful, incitement to commit criminal acts, harmful to or interferes with use of Cinnabar Graphic Design’s network or systems, or the network of any other provider;
- interferes with the use or enjoyment of services received by others;
- infringes intellectual property rights;
- results in the publication of threatening or offensive material which is harmful, obscene, discriminatory, defamatory, constitutes hate speech; or
- Constitutes abuse, a security risk or a violation of privacy.
- sending multiple unsolicited electronic mail messages or “mail-bombing” to one or more recipient;
- sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
- sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;
- sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
- sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the Cinnabar Graphic Design network or of the networks with which Cinnabar Graphic Design interconnects, by virtue of quantity, size or otherwise;
- using another site’s mail server to relay mail without the express permission of that site;
- using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;
- using IP addresses that the Customer does not have a right to use;
- collecting the responses from unsolicited electronic messages;
- maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
- sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party’s quiet enjoyment of the Internet (e.g., through language, frequency, size or otherwise);
- using distribution lists containing addresses that include those who have opted out;
- sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header;
- falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
- using redirect links in unsolicited commercial e-mail to advertise a website or service;
- posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;
- Intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;
- Knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
- using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.
- unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses;
- hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
- impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
- using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;
- distributing or using tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
- knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another’s computer, network system or other property, or be used to engage in modem or system hi-jacking;
- engaging in the transmission of pirated software;
- with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow Customer’s account to stay logged on while Customer is not actively using the services or using such account for the purpose of operating a server of any type;
- using manual or automated means to avoid any use limitations placed on the services;
- providing guidance, information or assistance with respect to causing damage or security breach to Cinnabar Graphic Design’s network or systems, or to the network of any other service provider;
- failure to take reasonable security precautions to help prevent violation(s) of this AUP.
- without notice, temporary or permanent limitation, restriction or suspension of your access to the any Service concerned;
- terminate all agreements with you with immediate effect;
- bill you for any costs incurred by Cinnabar Graphic Design as a result of the offending activity, including (without being limited to) bandwidth used, administration costs, downtime, usage of Cinnabar Graphic Design’s name or registered domain names and processor usage; and
- disclose information relating to the offending activity as may be required under the circumstances.
- Adjusting the throughput of the aforementioned service based off the current and historic usage of the service.
- Limiting or preventing service through specific protocols and/or ports.
- Electronic Communications and Transactions Act 25 of 2002;
- Electronic Communications Act 36 of 2005;
- Regulation of Interception and Provision of Communication-Related Information Act 70 of 2003