This Acceptable Use Policy governs all use by any individual or entity (each “User”) of products and/or services provided by CacheNetworks, LLC dba “CacheFly.”
A. USE OF CACHEFLY PROPERTY
1. Illegal and Inappropriate Use. User shall not use, or permit use of, any products or services provided by CACHEFLY, or any other technology or other property or services of CACHEFLY to which User is provided access (collectively, “CACHEFLY Property”) except as expressly permitted by CACHEFLY, and shall fully comply with all applicable laws, rules and regulations in User’s use of CACHEFLY Property. Under no circumstances shall User use any CACHEFLY Property for any illegal, disruptive, damaging, offensive, intrusive or abusive purpose (as determined by CACHEFLY). Without limiting the generality of the foregoing, User shall not use any CACHEFLY Property to upload, post, distribute, transmit, disseminate, or otherwise make available any data, information or materials (including without limitation software and e-mail communications) that:
- are fraudulent, false, misleading or deceptive;
- infringe or otherwise violate any copyright, patent, trademark, trade secret, right of privacy, or other proprietary right of any individual or entity;
- User does not have the right to make available under any law or under contractual or fiduciary relationships;
- are designed to send unsolicited advertisements (i.e., “spamware”);
- facilitate hacking or unauthorized access to any data, information, materials, network or other technology;
- would likely be offensive to the recipient thereof;
- compromise national security;
- are excessively violent or incite or threaten violence;
- threaten the health or safety of any person;
- violate applicable laws relating to export control, encryption and/or data protection;
- are defamatory, libelous, express hate, or are unlawfully threatening;
- are exploitative of a minor;
- facilitate behavior of a predatory nature or constitute stalking;
- promote illegal drugs, illegal gambling or illegal arms trafficking;
- contain or embody any computer virus, Trojan horse, worm, time bomb, or other similar code or hardware component designed to disable, damage or disrupt the operation of, permit unauthorized access to, erase, destroy or modify any software, hardware, network or other technology; or
- otherwise violate, or solicit, aid, and/or abet violation of, any applicable law, rule or regulation.
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.
2. E-mail and Texts. In using CACHEFLY Property, User must comply with all applicable requirements of the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act and the Telephone Consumer Protection Act. Under no circumstances may any CACHEFLY Property be utilized to transmit or distribute unsolicited bulk e-mail (“UBE” or “spam”). Likewise, the sending of UBE from another service provider advertising a website, e-mail address, services, or utilizing any resources hosted on any CACHEFLY network or server is prohibited. User must maintain an abuse role account e-mail address, “email@example.com”. This address should be exempt from spam filtering and will be used as CACHEFLY’s point of contact for communicating violations of this paragraph.
3. Interference. User shall not disable, disrupt or, interfere in any way with any other CACHEFLY customers use of or access to any CACHEFLY Property.
4. Overloading. User shall not attempt to overwhelm any CACHEFLY Property or otherwise take any action that imposes an unreasonable or disproportionate large load on any CACHEFLY Property, including any CACHEFLY network. In the event an excessive amount of CACHEFLY resources is utilized by User, CACHEFLY may, in its sole discretion, place limits on User’s bandwidth utilization.
5. Denial of Service Attacks. User shall not take any action that may result in retaliation against any CACHEFLY or CACHEFLY Property, including any network thereof, including taking any action that results in any CACHEFLY server being targeted for a denial of service attack.
6. Unauthorized Access. User shall not attempt to gain unauthorized access to, or tamper with, the account, network, software or other data, information, materials or other property of any other CACHEFLY customer or CACHEFLY, or to otherwise circumvent any security measures implemented by CACHEFLY.
7. Impersonation. User shall not use any CACHEFLY Property to impersonate CACHEFLY or any other individual or entity (including by adding, deleting or altering header information of any messages transmitted over any CACHEFLY network) or otherwise misrepresent User or User’s association or relationship with CACHEFLY or any other individual or entity or commit any form of forgery.
8. Monitoring. User shall not eavesdrop on or otherwise monitor data or traffic on any CACHEFLY Property (including any CACHEFLY network) by other CACHEFLY customers without the prior authorization of such customers.
9. Harvesting. User shall not use any CACHEFLY Property to harvest e-mail addresses or otherwise gather, collect, distribute or use e-mail addresses or other personally identifiable information (e.g., phone numbers, Social Security numbers, credit card numbers), without the prior authorization of the person identified.
10. Vulnerability Testing. User shall not, without CACHEFLY’s prior written consent, attempt (i) to probe, scan, penetrate or test the vulnerability of any CACHEFLY Property (including any CACHEFLY network) or (ii) to circumvent, deactivate, impair or breach any security or authentication measures implemented by or on behalf of CACHEFLY.
11. Spamming. 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.
12. 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.
13. PHI. User (i) acknowledges that not all of CacheFly’s Products and Services are designed to comply with the Health Insurance Portability and Privacy Act of 1996 (“HIPAA”), security standards, (ii) shall not, without the prior written consent of CacheFly and execution of CacheFly’s HIPAA Addendum to Master Products and Services Agreement, use any Products or Services to create, maintain, receive, transport or store any protected health information, as defined in 45 C.F.R. §164.501 (“PHI”), and (iii) shall use only those Products and/or Services that have been designated by CacheFly as “HIPAA Compliant” to create, maintain, receive, transport or store any PHI.
B. REPORTING OBLIGATIONS
User shall (i) immediately notify CACHEFLY of any event, condition, circumstance or activity of which User becomes aware that indicates a potential, actual or threatened (a) violation of this Acceptable Use Policy, or (b) breach or other compromise of the security of any CACHEFLY Property, and (ii) take all action reasonably requested by CACHEFLY to prevent or mitigate any such violation or security breach.
C. VIOLATION OF ACCEPTABLE USE POLICY
In addition to any other remedies to which CACHEFLY may be entitled for breach by User of this Acceptable Use Policy, in the event of violation by User of this Acceptable Use Policy, CACHEFLY (i) may (but is not obligated to), with or without notice to User, permanently or temporarily suspend User’s access to and right to use any CACHEFLY Property and/or, if applicable, remove or block access to any information, data or materials in violation of this Acceptable Use Policy; and (ii) may cooperate with law enforcement and other governmental authorities or other third parties in the investigation and prosecution of any actual or potential violation. IN NO EVENT SHALL CACHEFLY BE LIABLE TO USER FOR LIABILITY OF ANY KIND SUFFERED BY USER OR ANY OTHER PERSON ARISING IN WHOLE OR IN PART FROM CACHEFLY’S EXERCISE OF ITS RIGHTS UNDER THIS ACCEPTABLE USE POLICY.
D. MODIFICATIONS TO ACCEPTABLE USE POLICY
CACHEFLY reserves the right to modify this Acceptable Use Policy from time to time, in its sole discretion, and the modified Acceptable Use Policy shall be effective upon posting the modified Acceptable Use Policy on this website. Any use of CACHEFLY Property following such posting of the modified Acceptable Use Policy shall constitute acceptance of such modified Acceptable Use Policy.
E. INFRINGEMENT COMPLAINTS
If User believes any of User’s property has been posted, distributed, transmitted or stored using any CACHEFLY Property in violation of User’s copyrights or other intellectual property rights, please submit to CACHEFLY the written information specified below. Please note that this procedure is exclusively for notifying CACHEFLY that User’s intellectual property rights have been infringed.
DMCA Copyright Infringement Notification Requirements:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the intellectual property right that User claims has been infringed;
- A description of the location of the material that User claims is infringing;
- User’s address, telephone number, and e-mail address;
- A statement by User that User has a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
- A statement by User, made under penalty of perjury, that the information in User’s notice is accurate and that User is the intellectual property owner or authorized to act on the intellectual property owner’s behalf;
CACHEFLY’s agent for notice of claims of copyright infringement or other intellectual property infringement via use of any CACHEFLY Property can be reached as follows:
Email an electronic copy to firstname.lastname@example.org
Mail the notification to:
CacheFly DMCA Complaints
111 W. Jackson Blvd. Suite 1600
Chicago, IL 60604-3589
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.