Cloverleaf Networks Acceptable Use Policy
Acceptable Use Policy.
Acceptable Use Requirements. The Services and Products may only be used for acceptable uses, as determined by Cloverleaf in its sole and absolute discretion. The following uses are prohibited:
Section 4.01 Illegal Use; storage. The Services may only be used for lawful purposes and may not be used for any illegal use or any use that may result in civil or criminal liability or negative publicity. Such uses include, without limitation, allowing, effecting, participating in any or the occurrence of the following activities via the Services:
(a) Storing, posting or transmitting unlawful materials, e-mail or information;
(b) Storing, posting or transmitting harassing, threatening or abusive materials, e-mail or information;
(c) Storing, posting or transmitting defamatory, libelous, slanderous or scandalous materials, e-mail or information. Storing, posting or transmitting, obscene, pornographic, profane or otherwise objectionable information of any kind;
(d) Storing, posting or transmitting materials, email or information that would constitute an infringement upon the patents, copyrights, trademarks, trade secrets or other intellectual property right of others;
(e) Storing, posting or transmitting materials constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including, without limitation, the U.S. export control laws and regulations;
(f) Storing, posting or transmitting materials that would give rise to liability under the Computer Fraud and Abuse Act;
(g) Storing, collecting, posting or transmitting credit card, debit card, electronic funds transfer numbers or other similar types of data for either a fraudulent or illegal purpose, or in a manner that would permit others to use such data for a fraudulent or illegal purpose;
Section 4.02 Collecting, without adequate security and a legitimate purpose (as determined by Cloverleaf), any of the following:
(a) Information from users under the age of eighteen (18) without consent from such users’ parents or legal guardians;
(b) User’s personal health information or personal financial information without informed consent from such user; or
(c) Other personal information without advising the user;
Section 4.03 Performing auto-dialing or “predictive dialing” in an abusive manner;
Section 4.04 Trunking or forwarding your Cloverleaf phone or fax number to other numbers that handle multiple simultaneous calls or to a private branch exchange (PBX) or a key system;
Section 4.05 Traffic pumping or access stimulation of calls through the Services;
Section 4.06 Exploiting or harming minors (e.g., exposing them to inappropriate content; asking for personally identifiable information without parental consent, etc.);
Section 4.07 Interfering, inhibiting, compromising, or otherwise harm the Services (regardless of intent or knowledge);
Section 4.08 Transmitting any material that contains viruses, time or logic bombs, Trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous;
Section 4.09 Acting in an indecent, offensive, threatening, harassing, defamatory, libelous, fraudulent, malicious, disruptive, tortious, or other objectionable manner;
Section 4.10 Creating a false caller ID identity (i.e., ID spoofing), forge addresses or headers, or otherwise mislead others about a sender’s identity or origin;
Section 4.11 Using while driving or otherwise in an unsafe manner;
Section 4.12 Harvesting or collecting information about third parties without consent;
Section 4.13 Sending bulk communications or other content without the recipient’s consent;
Section 4.14 Using any device, system, network, account, plan, or the Services in an unauthorized manner or in excess of reasonable business use.
Section 4.15 Taking advantage of, bypassing, exploiting, defeating, disabling, or otherwise circumventing limitations of the Services, security mechanisms, or compliance with this Agreement or any law.
Section 4.16 Intercepting, capturing, sniffing, monitoring, modifying, emulating, decryptubg, or redirecting any communication or data for any purpose.
Section 4.17 Posting five (5) or more messages similar in content to usenet or other newsgroups, listservs, forums, e-mail mailing lists or other groups or lists;
Section 4.18 Posting to any usenet or other newsgroups, listservs, forums, e-mailing lists or other similar groups or lists articles which are off-topic according to the charter of other owner-published FAQ's, rules, or policies or description of the group lists;
Section 4.19 Sending unsolicited e-mailings (including, without limitation, commercial advertising and information announcements) to more than five (5) e-mail addresses within a forty-eight (48) hour period, if such unsolicited e-mailings could reasonably be expected to or do in fact provoke complaints;
Section 4.20 Falsifying user information provided by Cloverleaf or other users of the Services;
Section 4.21 Engaging in any of the foregoing activities by using the services of another provider, but channeling such activities through an account provided by Cloverleaf, re-mailer, or otherwise through the Services or using an account provided by Cloverleaf as a mail drop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party’s service could reasonably be expected to adversely affect Cloverleaf or its suppliers; or
Section 4.22 Operating a server in connection with the Services in an open relay configuration (a configuration whereby a mail server processes email messages where neither the sender nor the recipient is a local user). Servers configured in this manner expose both Cloverleaf’s network and other users of the network personal account to fraudulent and abusive use by third parties. Customer hereby acknowledges and agrees that it will not operate servers within an open relay configuration. If Customer requires assistance in determining the configuration of the Customer’s server and/or instructions to secure a server, Customer may contact Cloverleaf.
Section 4.23 Reselling or redistributing, or enabling others to resell or redistribute, access to the Service in any manner, including, but not limited to, wireline and/or wireless technology, except as expressly provided in any contract for service.
Section 4.24 Interfering With Other Users. No Customer shall interfere with any other person’s use of the Services or the Internet, including, without limitation, by effecting or participating in any of the following activities via the Services:
Section 4.25 Restricting or inhibiting any other user or any other person from using or enjoying the Services and/or the Internet;
Section 4.26 Posting or transmitting any information or software that contains a virus, worm, cancelbot or other harmful component;
Section 4.27 Without permission from the owner of a system or network, doing any of the following:
(a) accessing the system or network;
(b) monitoring data or traffic;
(c) probing, scanning, or testing firewalls;
(d) testing the vulnerability of a system or network; or
(e) breaching the security or authentication routines or a system or network;
(f) Conducting or forwarding surveys, contests, pyramid schemes, charity requests or chain letters;
(g) Relaying e-mail in an anonymous fashion or forging any transmission control protocol/internet protocol (“TCP-IP”) packet header(s); or
(h) Mailbombing, flooding, overloading, attacking or otherwise interfering with a system or network.
Section 4.28 High Risk Use Prohibited. THE SERVICES ARE NOT DESIGNED, MANUFACTURED, INTENDED, OR RECOMMENDED FOR USE FOR ANY HIGH-RISK OR FAIL-SAFE PURPOSE OR ACTIVITY OR IN ANY ENVIRONMENT WHERE FAILURE, INTERRUPTION, MALFUNCTION, ERROR, OR UNAVAILABILITY COULD RESULT IN SUBSTANTIAL LIABILITY OR DAMAGES, PHYSICAL HARM OR PERSONAL INJURY, DEATH OR DISMEMBERMENT, OR PROPERTY OR ENVIRONMENTAL DAMAGE. CUSTOMER SHALL NOT USE THE SERVICES FOR ANY SUCH PURPOSE OR ACTIVITY OR IN ANY SUCH ENVIRONMENT.
Section 4.29 Abuse and Threats. Any abuse, threats, harassment, profanity or vulgarities, including sexual harassment, made to or directed at Cloverleaf or its vendor’s personnel is grounds for termination of this Agreement or cancellation or suspension of any Services for cause.
Section 4.30 Damage to Equipment. Any use or activity that results in the destruction, malfunction, harm or loss of or damage to any equipment or products provided to Customer as part of or related to the Services, shall be at the expense and responsibility of the Customer.
Section 4.31 Voice Services. Voice Services, including the use of long distance services, shall be limited to normal business usage in Cloverleaf’s sole discretion. Unreasonable or excessive use of Voice Services, e.g., auto dialing, hot desking, etc. is prohibited.
Section 4.32 Remedies. Cloverleaf may act immediately and without notice to suspend or terminate the Services if, in Cloverleaf’s sole discretion, Customer’s use of the Services violates the terms of these acceptable use requirements. Violation of the foregoing provisions may result in civil or criminal liability, and Cloverleaf may, in addition to any remedy that it may have at law or in equity or under this Agreement, immediately suspend or terminate permission for the Customer to use the Services without notice and charge Customer any applicable Termination Fee. In addition, Cloverleaf may investigate incidents that are contrary to this Agreement and provide requested information to third parties who have provided notice to Cloverleaf stating that they have been harmed by Customer’s failure to abide by this Agreement.