Last Updated: 01/19/2019
Cascadia Web Services, LLC. (“Us”, “We”, Or “Our”) operates https://poweredbycascadia.com (the “Site”). This page informs you of our policies regarding the usage of our services and products. “You”, “Customer”, “Client”, and other grammatical variants refers to the person, persons, or part responsible for payment and/or management of the services purchased.
As a provider of website hosting and other Internet related services, we offer our clients and their customers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. We respect that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, we reserve the right to take certain preventive or corrective actions. In order to protect these competing interests, we have developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each client’s respective service agreement, and is intended as a guide to the client’s rights and obligations when using our services. This AUP will be revised from time to time available here on our site with a changelog recorded at the bottom of the page.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When clients obtain information through the Internet, they must keep in mind that we cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the client must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because we cannot monitor or censor the Internet, and will not attempt to do so, we cannot accept any responsibility for injury to our clients and their customers resulting from inaccurate, unsuitable, offensive, or illegal Internet communications.
When clients disseminate information from the Internet, they must keep in mind that we do not review, edit, censor or take responsibility for any information our clients may create. When clients place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over our network and may reach a large number of people, including both clients and non-clients of us, Client’s postings to the Internet may affect other individuals and may affect our goodwill, business, reputation, or operations. For these reasons, clients violate our policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward us, but also because it can overload our network and disrupt service to other Clients. Also, maintaining an open SMTP relay on any of our servers is prohibited. When a complaint is received, we will investigate, locate, and shutdown the account that is spamming. A $250.00 charge for violating this policy will be charged to the client if proof is found showing they initiated the distribution of spam. Furthermore we reserve the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent, plus our attorney fees, should we choose to pursue and prosecute.
Adult Related Content
Using our network to advertise, transmit, store, post, display or otherwise make available adult (X Rated) content will result in account termination and a one time cancellation fee of $250.00.
Obscene Speech or Materials
Using our network to advertise, transmit, store, post, display, or otherwise make available child pornography, obscene speech, or related material is prohibited. we are required by law to notify law enforcement agencies when we become aware of the presence of child pornography on or being transmitted through our network. Any account in violation will be fined a one time cancellation fee of $250.00 and will result in immediate account termination. Any contact information related to the account in violation, including but not limited to phone numbers, addresses, and employee names will be given to law enforcement.
Defamatory or Abusive Language
Using our network as a means to transmit or post negative, defamatory, harassing, abusive, or threatening language is strictly prohibited. The account in violation will be fined a one time cancellation fee of $250.00 and will result in immediate account termination.
Forging of Headers
Forging or misrepresenting message and/or email headers, whether in whole or in part, to mask the originator of the message is prohibited. Any account in violation will be fined a one time cancellation fee of $250.00 and will result in immediate account termination.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing, illegally or without authorization, computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”) is strictly prohibited. Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity) is strictly prohibited. Any account in violation will be fined a one time cancellation fee of $250.00 and will result in immediate account termination.
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks is prohibited. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment is prohibited. Any account in violation will be fined a one time cancellation fee of $250.00 and will result in immediate account termination.
Facilitation to Violate this AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software is prohibited. Any account in violation will be fined a one time cancellation fee of $250.00 and will result in immediate account termination.
Export Control Violations
Exporting encryption software over the Internet or otherwise to points outside the United States is prohibited. Any account in violation will be fined a one time cancellation fee of $250.00 and will result in immediate account termination.
We reserve the right to not accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software is considered violating this AUP. Any account in violation will be fined a one time cancellation fee of $250.00 and will result in immediate account termination.
Engaging in activities, whether lawful or unlawful, that we determines to be harmful to our clients, operations, reputation, goodwill and/or customer and/or public relations can result in any and all action up to account termination. Any account in violation will be fined a one time cancellation fee of $250.00 and will result in immediate account termination.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the client. we will not, as an ordinary practice, monitor the communications of our clients to ensure that they comply with our policy or applicable law. However, when we do become aware of harmful activities, we may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by us.
We are also aware that many of its clients are themselves providers of Internet services, and that information reaching our facilities from those entities may have originated from a customer of the client or from another third party. we do not require our clients who offer Internet services to monitor or censor transmissions or websites created by customers of their clients. we reserve the right to take action against a customer of our client. Also, we may take action against our client because of activities of a customer of the client, even if the action may affect other customers of the client. Similarly, we anticipate that clients who offer Internet services will cooperate with us in any corrective or preventive action that we deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of this AUP.
We will not intentionally monitor private electronic mail messages sent or receive by our clients, unless required to do so by law, governmental authority, or when public safety is at stake. we may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, we may disclose information, including, but not limited to, information concerning a client, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. we assume no obligation to inform the client that their information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, we may disclose client information or information transmitted over our network where necessary to protect us and others from harm, or where such disclosure is necessary to the proper operation of the system. However, we will never sell information to other services or outside companies.
We expect that our clients who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A client’s failure to comply with those laws will violate this AUP. Finally, we wish to emphasize that with this AUP clients indemnify us for any violation of the Service Agreement, law, or policy resulting in loss to us or the bringing of any claim against us by any third party. This means that, if we are sued because of a client or customer of a client’s activity, the client will be responsible for payment of any damages awarded against us, plus costs and attorney’s fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including ourselves and our clients, as responsible members of the Internet. Any complaints about a client’s violation of this AUP can be submitted on our contact page.
01/19/2019 – Updated page layout.