Last updated: October 2018
Acceptable Use Policy
This Acceptable Use Policy (the “AUP”) between you (“Customer”, “you” or “your”) and Crestline and its affiliates and subsidiaries (“Crestline”) governs your use of all products and services (collectively, the “Services”) offered by Crestline. This AUP applies to you and your employees, agents, contractors, or other users who obtain Services from Crestline (each such person or entity being a “User”). The Crestline web site and, together with the Services and the Crestline owned and operated Internet Protocol (IP) routing infrastructure through which Crestline provides Internet connectivity and IP routing and transit to its customers and Crestline’s equipment, technology, services, facilities and websites, including Crestline Site and all other websites which are owned, operated and/or controlled by or on behalf of Crestline, the web pages within those websites and all equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the primary Website, are considered the “Crestline Network”.
Please check frequently and review this AUP so you are aware of the most current terms and conditions of your agreement with us.
Violation of this AUP may result in the suspension or termination of your Service Agreement and/or your use of the Crestline Network. Please read it carefully.
Crestline does not monitor or exercise editorial control over the content of any website, electronic mail transmission, news group, or other material created or accessible over or through the Crestline Network, except with respect to our own notices of material changes on the Crestline Site and we may also send you an email about any changes.
BY REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AUP AND AGREE THAT YOU AND YOUR USERS WILL BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AUP.
1. Prohibited Use. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your use of the services. Crestline’s services may only be used for lawful purposes. Users may not use Crestline’s Services to engage in, foster, or promote illegal, abusive, or irresponsible behaviour, including:
(A) use the Crestline Network for the operation of your website(s), the provision or promotion of your services or otherwise in any manner that is, attempts or is likely to be libelous, defamatory, harmful, harassing, intimidating, threatening, hateful, discriminatory, or abusive which may or may appear to impersonate any individual or entity;
(B) use that may adversely affect or reflect negatively on Crestline, the Crestline Network, or on our goodwill, name or reputation;
(C) causing duress, distress or discomfort to us or anyone else or discouraging any person, firm or enterprise from using all or any portion of the Crestline Services, from becoming a customer or from advertising, linking or becoming a supplier or licensor to us;
(D) publishing or sharing content that is unlawfully pornographic or indecent, or that contains extreme acts of violence, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
(E) advocating bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
(F) sending or transmitting junk email, chain letters, duplicative or unsolicited messages, “spamming”, “spamvertising” or “phishing”;
(G) transmitting, displaying, posting, hosting, distributing or uploading programs or material that contain malicious code, such as viruses, time bombs, cancel bots, worms, mail-bombs, denial of service attacks, Trojan horses, spyware, malware, adware or other potentially harmful programs or other material or information;
(H) forging any TCP/IP packet header or part of the header information for any reason;
(I) gaining unauthorized access to the Crestline network or other customers’ accounts, passwords, personal information or other computers, websites or pages connected or linked to the Crestline network;
(J) modifying, disrupting, impairing, altering or interfering with the use, features, security, functions, operation or maintenance of the Crestline network or the rights or use and enjoyment of the Crestline network by any other customer, individual, firm or enterprise;
(K) collecting, obtaining, compiling, gathering, transmitting, reproducing, deleting, revising, viewing or displaying any content, material or information, whether personally identifiable or not, posted by or concerning any other customer, individual, firm or enterprise, in connection with their or your use of the Crestline Network, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so
(L) utilizing the Services to send mass unsolicited e-mail to third parties.
(M) utilizing the Services to be involved in the distribution of tools designed for the aiding of unsolicited bulk email.
(N) utilizing the Services in such a way that User becomes documented on a recognised SPAM abuse list or if the User has previously been denied access from another provider due to similar acceptable use policy violations.
(O) using Internet Relay Chat (“IRC”) on the Company network. This includes, but is not limited to, the use of IRC clients, server software, bots or anything related to IRC.
(P)) the misappropriation or infringement of any patents, copyrights, trademarks, or other intellectual property rights of any third party;
(Q) trafficking in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
(R) exporting encryption software to points outside the United States in violation of applicable export control laws;
(S) violating any applicable state, federal and international law.
(T) utilizing the Services in connection with any tortious or actionable activity.
(U) utilizing the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this provision, Users may not utilise the Services to:
(i) cause denial of service attacks against Crestline or other network hosts or Internet users or to otherwise degrade or impair the operation of Crestline’s servers and facilities or the servers and facilities of other network hosts or Internet users;
(ii) offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the User’s own account;
(iii) resell access to CGI scripts installed on Crestline’s servers;
(iv) gain unauthorized access to the computer networks of Crestline or any other person;
(v) provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
(vi) (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including “spoofing”) to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
(ix) conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
(x) distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
(xi) solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
(xiii) in any manner that might subject Crestline to unfavorable regulatory action, subject Crestline to any liability for any reason, or adversely affect Crestline’s public image, reputation or goodwill, including, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials; or
(xiv) in any other manner to interrupt or interfere with the Internet usage of other persons.
2. Reporting Violations.
Reporting Non-Copyright Violations. Crestline encourages Users to report violations of the AUP by e-mail to: support@crestline.net.
3. Remedies.
(A) Violations. If Crestline learns of a violation of the AUP, then Crestline may take any of the following actions, in accordance with the severity and duration of the violation:
(i) Warning the User;
(ii) Removing the offending content;
(iii) Suspending the offending User from the Services;
(iv) Terminating the offending User from the Services;
(v) Imposing fees or charges on the offending account in accordance with the applicable service contract; or
(vi) Taking other action in accordance with this AUP, the applicable service contract, or applicable law.
(B) Notice. A seventy-two hours notice (by email or otherwise) of any proposed suspension, restriction, limitation, modification, or termination of the Services or any functionality related to the Services based on an alleged violation of this AUP will be provided by Crestline; provided, however, if (i) your violation of this AUP immediately threatens the security of or damages to Crestline’s network, information, data, software, hardware, or facilities or (ii) such suspension, restriction, limitation, modification, or termination is at the request of law enforcement or required by the appropriate legal authorities, then Crestline will give you as much notice as is reasonably practicable under the circumstances. To the extent that any element or functionality of the Services, including, without limitation, a particular account or “server,” is suspended, restricted, limited, modified, or terminated, Crestline will use commercially reasonable efforts to minimize the effects against any other component or functionality of the Services.
(C) Cooperation with Legal Authorities. You agree that Crestline may disclose any and all of your information including, without limitation, assigned IP numbers, account history, and account use to any law enforcement agent who makes a written request, without further consent or notification to you. Crestline reserves the right to involve and cooperate with law enforcement or the appropriate legal authorities in investigations of claims of illegal activity involving Crestline’s Services or any Users thereof and to respond to any violations of this AUP to the extent permitted under applicable law. You further agree that Crestline is authorized to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions, and to otherwise enforce the terms of this AUP.
4. Indemnification
(A) You agree to defend and indemnify us, our parent, subsidiaries and affiliates, as well as our and their officers, directors, employees, agents, licensors, representatives, advertisers, sponsors, business and promotional partners, operational service providers and suppliers against any and all demands, claims, prosecutions and actions (including, without limitation, any claim that you have improperly displayed, posted, distributed, broadcast, adapted, accessed, exported or transmitted any content or material on your website or otherwise) (“Claims”) and you will hold us harmless from and against all losses, damages, costs and expenses (including reasonable attorneys’ fees) (“Losses”) resulting from your breach or violation of this AUP, as well as your violation of any applicable law or regulation or your infringement, misappropriation or any violation of the rights of any other party. We reserve the right to assume the exclusive defense and control of any such Claims and all negotiations for their settlement or compromise, and you agree to fully cooperate with us.
(B) CRESTLINE WILL NOT, AS AN ORDINARY PRACTICE, MONITOR THE COMMUNICATIONS OF ITS CUSTOMERS TO ENSURE THAT THEY COMPLY WITH THIS AUP, CRESTLINE POLICY OR APPLICABLE LAW. HOWEVER, IF YOU BREACH (OR WE BELIEVE YOU HAVE OR MAY BREACH) THIS AUP OR IF WE ARE NOTIFIED, DETERMINE OR HAVE REASON TO BELIEVE YOU HAVE OR ARE ENGAGING IN CONDUCT THAT VIOLATES ANY OF THE TERMS AND CONDITIONS OF THIS AUP OR ARE ENGAGED IN ANY OTHER CONDUCT WHICH CRESTLINE DEEMS TO BE ACTUALLY OR POTENTIALLY HARMFUL OR VIOLATIVE OF ANY APPLICABLE LAW OR REGULATION, WE MAY, IN OUR SOLE DISCRETION, TAKE ANY ACTION WE DEEM NECESSARY TO PREVENT, STOP OR REMEDY ANY SUCH CONDUCT, INCLUDING BUT NOT LIMITED TO, REMOVING INFORMATION, SHUTTING DOWN A WEBSITE, IMPLEMENTING SCREENING SOFTWARE DESIGNED TO BLOCK OFFENDING TRANSMISSIONS, DENYING ACCESS TO THE INTERNET, DEACTIVATING, CANCELING, SUSPENDING OR TERMINATING YOUR ACCOUNT AND ANY OTHER USE OF THE CRESTLINE NETWORK, IN WHOLE OR IN PART, WITHOUT NOTICE TO YOU. WE MAY DECLARE ALL MONIES THEN DUE, OWING AND OUTSTANDING IMMEDIATELY DUE AND PAYABLE AND WE WILL HAVE NO LIABILITY OR FURTHER OBLIGATION OF ANY KIND TO YOU OR ANY OTHER PERSON AND YOU WILL NOT BE ENTITLED TO ANY REFUND. WE MAY ALSO REPORT ANY ACTIVITY THAT WE SUSPECT VIOLATES ANY LAW OR REGULATION TO APPROPRIATE LAW ENFORCEMENT OFFICIALS, REGULATORS, OR OTHER APPROPRIATE THIRD PARTIES. OUR REPORTING MAY INCLUDE DISLOSING APPROPRIATE CUSTOMER INFORMATION. WE MAY ALSO COOPERATE WITH APPROPRIATE LAW ENFORCEMENT AGENCIES, REGULATORS, OR OTHER APPROPRIATE THIRD PARTIES TO HELP WITH THE INVESTIGATION AND PROSECUTION OF ILLEGAL CONDUCT BY PROVIDING NETWORK AND SYSTEMS INFORMATION RELATED TO ALLEGED VIOLATIONS OF THIS AUP.