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Acceptable Use Policy

Definitions

cubecart.com is owned and operated by CubeCart Limited of 63 Heron Road, Northstowe, CAMBRIDGE. CB24 1AS (Company Registration Number 5323904).

The terms "CubeCart", "we", "us" and "our" when used in this Acceptable Use Policy means CubeCart Limited.

The terms "you" and "your" when used in this Acceptable Use Policy means any customer of our "CubeCart Hosted" service.

Our Acceptable Use Policy (AUP) is designed to provide a clear understanding of the regulations concerning the use of our services. From time to time we may impose reasonable rules and regulations regarding the use of our services.

By registering for and using the services, and thereby accepting the terms and conditions of the Terms of Service agreement or its equivalent, you agree to abide by the AUP as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as we deem appropriate. An unlisted activity may also be a violation of the AUP if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.

Customer Responsibilities

The customer is solely responsible for any breaches of security affecting servers under customer control (i.e. with file access) whereby unofficial code has been added. If such a customer's account is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is solely responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labour used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at £50 per hour.

System and network security violations are prohibited, and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

Violators of the policy are responsible, without limitations, for the cost of labour to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by us. Such labour is categorized as emergency security breach recovery and is currently charged at £50 per hour. Inquiries regarding security matters may be directed to [email protected].

We are concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge our customers to assume that all of their online communications are insecure. We cannot take responsibility for the security of information transmitted over our facilities.

Password Protection

The customer is responsible for protecting customer's passwords and for any authorised or unauthorised use made of customer's password. The customer will not use or permit anyone to use our service to guess passwords or to access other systems or networks without authorisation. We will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Contact Information

Customers are responsible for maintaining their contact information in the ticketing system such that the email address is always reachable even in the event of their hosted store being shut down.

Internet Etiquette

The customer is expected to be familiar with and to practice good Internet etiquette. The customer will comply with the rules appropriate to any network to which we may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libellous, and tortuous, indecently depicts children or is likely to result in retaliation against us by offended users. We reserve the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Copyright Infringement - Software Piracy Policy

Our network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of the laws of the United Kingdom, or by the common law, is prohibited. This includes, but is not limited to; material protected by copyright, trademark, trade secret, or other intellectual property rights. If you copy, distribute or install software in ways that the licence does not allow, you are violating the law.

Network Responsibility

Customers have a responsibility to use our network responsibly which includes, but is not limited to, respecting our other customers. We reserve the right to suspend and or cancel service with any customer who uses our network in such a way that adversely affects our other customers. This includes but is not limited to:

We will react strongly to any use or attempted use of an Internet account or computer without the owner's authorisation. Such attempts include, but are not limited to, Internet Scanning (tricking other people into releasing their passwords), password theft,security hole scanning, port scanning, etc. Any unauthorised use of accounts or computers by any of our customers, whether or not the attacked account or computer belongs to us, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of CubeCart is strictly prohibited.

Lawful Purpose

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to:

Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libellous.

Adult Content on the Internet

We will provide notification and will inform any customers in writing of improper materials on our servers. We reserves the right to disconnect any customers immediately. Legal adult content is permitted on the network.

Commercial Advertisements with Email

We take a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply, this means that our customers may not use or permit others to use our network to transact in UCE. Our customers may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Sending a commercial message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message.

Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in.

Our customers are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our customers, if they are resellers, are ultimately responsible for the actions of their clients over our network, it is advisable that customers develop a similar, or stricter, policy for their clients.

Violation of our SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, we will initiate an immediate investigation (within 48 hours of notification). During the investigation we may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy we may, at its sole discretion, restrict, suspend or terminate the customer's account. Furtherm we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense.

General

Suspension

We reserves the right to suspend network access to any customer if, in the judgment of our network administrators, the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which we reasonably chooses, including but not limited to non-payment. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Cancellation

We reserve the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation are non-refundable if CubeCart institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.). We require all customers to provide three days’ notice of any cancellations.

Indemnification

The customer acknowledges its indemnification obligations under our Terms of Service. Violations of this AUP may result in significant civil and criminal liability of the customer.

Disclaimer of Responsibility

We are under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. We disclaim any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.