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Illegal Use
CacheFly services may be used for lawful
purposes only. Transmission, storage,
or distribution of any information,
data, or material in violation of
any applicable law or regulation,
or that may directly facilitate the
violation of any particular law or
regulation is prohibited. This includes,
but is not limited to: copyrighted
material; trademarks; trade secrets
or other intellectual property rights
used without proper authorization;
material that is obscene, defamatory,
constitutes an illegal threat, or
violates export control laws. 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.
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.
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.
Copyright Violations
The Digital Millennium Copyright Act
("DMCA") sets forth the
law regarding the use of copyrighted
materials on the Internet. All CacheFly
customers are subject to the requirements
of the DMCA. Individuals or entities
submitting notifications of copyright
infringement by a CacheFly customer
(per the DMCA) to CacheFly must follow
the below procedures. Copyright infringement
notifications submitted to CacheFly
according to these procedures will
be processed within 21 days of receipt.
Customers who are the subject of a
DMCA notification that meets the below
criteria may be subject to account
termination at CacheFly’s sole
discretion.
DMCA Copyright Infringement Notification
Requirements:
a. Signature of the copyright
owner or a person authorized to
act on the copyright owner's behalf
(the "Claimant").
b. Identification of the copyrighted
work(s) claimed to have been infringed.
c. Identification of the material
claimed to infringe the copyright(s),
and enough information for CacheFly
to locate it including URLs and
specific descriptions of the infringing
material at each URL.
d. The Claimant's name, address,
and telephone number(s).
e. A statement that the Claimant
has a good faith belief that use
of the disputed material is not
authorized by the copyright owner
or his agent.
f. A statement, under penalty of
perjury, that the information in
the notification of copyright infringement
is accurate and that the Claimant
is authorized to act on behalf of
the copyright owner.
g. Email an electronic copy to abuse@cachefly.com
h. Mail the notification to:
CacheFly
CacheFly DMCA Complaints
209 W Jackson Blvd
Suite 700
Chicago, IL 60606
USA
Child Pornography
The use of CacheFly’s services
to store, post, display, transmit,
advertise or otherwise make available
child pornography is prohibited. CacheFly
is required by law, and will, notify
law enforcement agencies when it becomes
aware of the presence of child pornography
on, or being transmitted through,
its services.
Trial Period
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.
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