Acceptable Usage Policy
CacheFly services may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing CacheFly services, all CacheFly customers certify that they and/or the organization they represent in procuring services from CacheFly are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Sending unsolicited bulk and/or commercial messages (known as "spamming") with links to CacheFly is prohibited. The term "spamming" also includes, but is not limited to, selling or distributing software (which is served by CacheFly) that facilitates spamming. Violators will face immediate suspension. CacheFly reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Viruses and Other Destructive Activities
Use of CacheFly’s services or equipment for distributing Internet viruses, worms or Trojan horses, and other destructive software is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use CacheFly’s services and equipment.
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All CacheFly customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a CacheFly customer (per the DMCA) to CacheFly must follow the below procedures. Copyright infringement notifications submitted to CacheFly according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at CacheFly’s sole discretion.
DMCA Copyright Infringement Notification Requirements:
a. Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
b. Identification of the copyrighted work(s) claimed to have been infringed.
c. Identification of the material claimed to infringe the copyright(s), and enough information for CacheFly to locate it including URLs and specific descriptions of the infringing material at each URL.
d. The Claimant's name, address, and telephone number(s).
e. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
f. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
g. Email an electronic copy to firstname.lastname@example.org
h. Mail the notification to:
CacheFly DMCA Complaints
209 W Jackson Blvd
Chicago, IL 60606
The use of CacheFly’s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. CacheFly is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
The CacheFly Trial offer is restricted to the first 30 days of account activity, or until the customer has reached their plan limit. In the event a customer's usage during the first 30 days exceeds the limits of their plan, customer will be invoiced at the subscribed rate for any excess usage charges.
Actions Taken by CacheFly
The failure by a customer to meet or follow any of the AUP is grounds for account deactivation. CacheFly will be the sole arbiter as to what constitutes a violation of the AUP. CacheFly reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When CacheFly becomes aware of an alleged violation of its AUP, CacheFly will initiate an investigation. During the investigation, CacheFly may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, CacheFly may, at its sole discretion, restrict, suspend, or terminate a customer's account and/or pursue other civil remedies. If such violation is a criminal offense, CacheFly will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the AUP if it is illegal, irresponsible, or constitutes disruptive use of the Internet. CacheFly does not issue credits for outages incurred through service disablement resulting from AUP violations. CacheFly customers agree to indemnify and hold harmless CacheFly from any claims resulting from the use of our services that damages them or any other party that occur as a result of AUP violations.