Acceptable Use Policy
1. Scope.
This Acceptable Use Policy (this "Policy")
governs the usage of City & District Web Development's
products and services (the "Services").
This Policy is incorporated by reference into
each contract City & District Web Development
enters into with a customer (each, a "Customer")
for the use of such Services. City & District
Web Development may modify this Policy at any
time without notice. In addition, this Policy
is incorporated by reference into the Terms and
Conditions applicable to City & District Web
Development's Web site so that no person who utilizes
City & District Web Development's Web site
(regardless of whether that person is a Customer)
may take any action utilizing City & District
Web Development's Web site that a Customer would
be prohibited to take utilizing the Services.
2. Purpose.
The purpose of this Policy is to enhance the quality
of the Services and to protect City & District
Web Development's customers, and the Internet
community as a whole, from illegal, irresponsible,
or disruptive Internet activities. This Policy
applies to each Customer and its employees, agents,
contractors or other users of such Customer who
obtain Services from City & District Web Development
(each such person being a "User"). Each
User should use common sense and good judgment
in connection with the Services. Parents or guardians
should always supervise minors in using the Internet.
Parents and guardians should remain aware at all
times of what is on the Internet and how the minors
under their care are using the Services and the
Internet.
3. Prohibited Uses.
Users may not:
a.
Utilize the Services to send mass unsolicited
e-mail to third parties.
b.
Utilize the Services in connection with any illegal
activity. Without limiting the general
application of this rule, Users may not:
i.
Utilize the Services to copy material from third
parties (including text, graphics, music, videos
or other copyrightable material) without proper
authorization;
ii.
Utilize the Services to misappropriate or infringe
the patents, copyrights, trademarks or other intellectual
property rights of any third party;
iii.
Utilize the Services to traffic in illegal drugs,
illegal gambling, obscene materials or other any
products or services that are prohibited under
applicable law; or
iv.
Utilize the Services in any manner that violates
applicable law.
c. Utilize the Services in connection
with any tortious or actionable activity.
Without limiting the general application of this
rule, Users may not:
i.
Utilize the Services to publish or disseminate
information that (A) constitutes slander, libel
or defamation, (B) publicizes the personal information
or likeness of a person without that person's
consent or (C) otherwise violates the privacy
rights of any person.
ii.
Utilize the Services to threaten persons with
bodily harm, to make harassing or abusive statements
or messages, or to solicit the performance of
acts or services that are illegal under applicable
law.
d. Utilize the Services in connection with any
other disruptive or abusive activity. Without
limiting the general application of this rule,
Users may not:
i.
Utilize the Services to cause denial of service
attacks against City & District Web Development
or other network hosts or Internet users or to
otherwise degrade or impair the operation of City
& District Web Development's servers and facilities
or the servers and facilities of other network
hosts or Internet users;
ii.
Post messages or software programs that consume
excessive CPU time or storage space;
iii.
Utilize the Services to offer mail services, mail
forwarding capabilities, POP accounts or autoresponders
other than for the User's own account;
iv.
Utilize the Services to resell access to CGI scripts
installed on City & District Web Development's
servers;
v.
Utilize the Services to subvert, or assist others
in subverting, the security or integrity of any
City & District Web Development systems, facilities
or equipment;
vi.
Utilize the Services to gain unauthorized access
to the computer networks of City & District
Web Development or any other person;
vii.
Utilize the Services to 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;
viii.
Utilize the Services to (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.
Utilize the Services to distribute or post any
virus, worm, Trojan horse, or computer code intended
to disrupt services, destroy data, destroy or
damage equipment, or disrupt the operation of
the Services;
x.
Utilize the Services to conduct port scans or
other invasive procedures against any server (except
any server for which the User is an authorized
system administrator);
xi.
Utilize the Services to distribute, advertise
or promote software or services that have the
primary purpose of encouraging or facilitating
unsolicited commercial e-mail or spam;
xii.
Utilize the Services to 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.
Utilize the Services in any manner that might
subject City & District Web Development to
unfavorable regulatory action, subject City &
District Web Development to any liability for
any reason, or adversely affect City & District
Web Development's public image, reputation or
goodwill, including, without limitation, sending
or distributing sexually explicit, hateful, vulgar,
racially, ethnically or otherwise objectionable
materials as determined by City & District
Web Development in its sole discretion; or
xiv.
Utilize the Services in any other manner to interrupt
or interfere with the Internet usage of other
persons.
4. Violations
a.
Disclaimer. City & District Web Development
expressly disclaims any obligation to monitor
its Customers and other Users with respect to
violations of this Policy. City & District
Web Development has no liability or responsibility
for the actions of any of its Customers or other
Users or any content any User may post on any
Web site.
b.
Reporting Non-Copyright Violations. City &
District Web Development encourages Users to report
violations of this policy by e-mail to: admin@citydistrict.com,
including in any such report the name of the offending
domain (for example, xyz.com) and the type of
abuse (for example, spam, illegal acts, harassment,
etc.) in the "subject" field of the
e-mail.
c.
Reporting Copyright Violations. City & District
Web Development complies with the Digital Millennium
Copyright Act ("DMCA"). City & District
Web Development encourages Users to report an
alleged copyright infringement involving a user
by sending a notice that complies with the DMCA
to:
DMCA
Notices
Attention: Philip Tetreault.
City & District Web Development , Inc.
P.O. Box 4652
Rothesay, New Brunswick
CANADA E2E 5X4
Telephone: 1.506.847.2489
( fax: 1.506.848.9009 )
d.
Remedies. If City & District Web Development
learns of a violation of this Policy, City &
District Web Development will respond to the applicable
Customer and may, in City & District Web Development's
sole discretion, take any of the following actions,
in accordance with the severity and duration of
the violation:
i.
Warning the Customer;
ii.
Suspending the offending Customer from the Services;
iii.
Terminating the offending Customer from the Services;
iv.
Imposing fees or charges on the offending Customer
account in accordance with the applicable service
contract;
v.
Removing the offending content; and
vi.
Taking other action in accordance with this Policy,
the applicable service contract or applicable
law.
5. Reservation of Rights. City & District
Web Development reserves the right to cooperate
with appropriate legal authorities in investigations
of claims of illegal activity involving City &
District Web Development's Services, Customers
and other Users. City & District Web Development
reserves all other rights to respond to violations
of this Policy to the extent of applicable law
and in accordance with any applicable contractual
obligations.