Acceptable Use Policy and Service Guidelines of CMS Web Solutions Inc.

CMS Web Solutions Inc. (“CMS”) provides, in addition to its Web Site development services, Web Site hosting and related services to many of its Clients as a way for those Clients to enjoy the commercial benefits of the Internet. To best protect the interests of all of its Clients and to ensure optimal service levels and an orderly Internet experience for all of its Clients, CMS has developed the following Acceptable Use Policy (“AUP”) for its Clients that sets out Client rights and responsibilities when utilizing hosting and related services offered by CMS.

Lawful Purposes Only – General Principle

CMS services may only be used for lawful purposes and Client is not to use the Services in any way that would constitute a criminal offence or give rise to civil liability, or otherwise violate any municipal, provincial, federal or international aw, order or regulation including but not limited to those laws regarding:

  1. court ordered publication bans;
  2. restrictions on publishing, printing, distributing, possessing, selling, advocating, promoting or exposing, obscene or threatening material, child pornography, or hate propaganda and Client understands that these situations could generate criminal liability;
  3. restrictions on the use of trade-marks or trade names, or any work which is protected by copyright, trade secret, patent or other intellectual property laws, including without limitation, software;
  4. restrictions on defamation, libel, harm to reputation, invasion of privacy, misuse or failure to protect personal information, violation of secrecy, confidentiality, unfair competition and other situations which could generate liability; and
  5. export and import restrictions.

The misleading publishing or maintenance of a Web Site which portrays itself as a type of business which it is not in reality is also prohibited.

Specific Prohibited Activities

Commercial advertising – email – SPAM

The sending of unsolicited commercial email (spamming) from a CMS Web Server or referencing a domain hosted by CMS in any spam, whether originating from the CMS network or not, is forbidden.

In addition, it is forbidden to maintain, or send e-mail to, “opt-in targeted marketing lists” if the Client cannot demonstrate, to CMS' satisfaction, that the members of the list(s) have knowingly requested to be added to the list(s) in question through direct action of their own doing, and that easily-accessible, automated opt-out/removal mechanisms are in place and available to the members of the list(s).

It is also forbidden to use the SMTP services of a third party for the purposes of relaying or sending electronic mail messages without the express permission of that third party and hosting a publicly-accessible “open relay” SMTP or anonymous remailer service for any purpose, cause, or reason.

Misuse of system resources

To protect and maintain the availability of all Web Servers for all Clients, activities designed to cause harm to or monopolize the resources of any server in the CMS network is prohibited. This includes, but is not limited to, the use of programs that consume excessive CPU time; use of server space for backup or storage of material unrelated to the Web Site of an account; use of any provided mail services other than for the Client's own account; resale of disk space or other CMS services without an appropriate reseller agreement; use of CMS Servers to engage in any malicious or illegal activity, including unauthorized access to remote systems or providing the means for such access or engaging in any activity that can be used as a means to begin remote system penetration; distribution of viruses, worms, or any other electronic destructive resource; or maintaining or creating any free for all (FFA) type sites.

Internet Relay Chat (“IRC”) is prohibited, without exception. This prohibition includes bots, bouncers, or any script or software package designed to facilitate the creation, maintenance, or access to any IRC server or channel. Client accounts found to have such software or scripts uploaded are subject to suspension or termination without notice. Relevant IRC scripts or software found to exist on any CMS server will be deleted immediately upon discovery, without notice, and a warning issued.

CGI or php-based shell scripts are also prohibited. This includes any script that is used for the purpose of issuing shell-level commands or which acts as a proxy for shell access via a web browser rather than the use of the embedded SSH Client in the control panel or the use of a standalone SSH Client. Such scripts will be deleted without notice when found.

Web proxy scripts are also prohibited. This includes any script, such as nph-proxy, that allows anyone to browse to a third party web site from any server in the CMS network or that otherwise masks the true origination point of browsing activities by use of network information associated with CMS. Such scripts will be deleted without notice when found.

Illegal or obscene or adult content

Use of any CMS service to make any illegal or obscene or pornographic content (adult or child including but not limited to images, text, sound, video, etc.) available via transmission, storage, or display is prohibited. Clients maintaining such content are subject to suspension or termination without notice. Activity that constitutes or encourages conduct that would constitute a criminal offense or give rise to civil liability is similarly prohibited.

Intellectual property violations and defamatory or abusive material

Any activity that infringes on the copyrights, trademarks, service marks, patents, software ownership, trade secrets or other intellectual property rights of any third party entity (without proper authorization from the rights holders) is strictly prohibited. CMS is required by law to remove or suspend accounts that violate copyright or other intellectual property rights held by third parties when notified that such infringement exists. Clients that engage in such violations are subject to having their hosting services with CMS suspended and/or terminated.

Material that is defamatory or abusive in nature or constitutes hate literature, that infringes on the privacy or rights of others, or that is otherwise threatening, is prohibited.

Client Obligations To Pay Fees, Abide by Acceptable Use Policy and Other.

Client agrees to pay CMS for the Services and any Deliverables on time and in accordance with the payment terms set out in this agreement. Client agrees at all times to comply with the terms of this agreement and the current Acceptable Use Policy (‘AUP') of CMS (as such may be modified or amended in future by CMS) available at all times at https://www.cmswebsolutions.com/aup.php. The current AUP is always incorporated by reference and forms part of this Agreement.

Other activities

Any activity not defined above but judged by CMS to be harmful to other Clients or general operations of the network will be addressed on a case by case basis.

Copyright and Client Content

Clients are solely responsible to ensure that the content of their Web Sites does not violate this AUP. CMS does not monitor, edit, censor, or take responsibility for Client or user content or communications from within the network except to determine if violations of the AUP have occurred once a suspected violation has been brought to the attention of CMS. CMS cannot and will not monitor, edit, censor, or otherwise interfere with information or content Clients or users may retrieve from sources outside the CMS network even when such information is made available to Clients through the use of material deliverable to any site or service maintained by CMS, such as via email.

CMS will not be responsible for injury or liability to any Client resulting from communications that may be offensive, misleading, illegal, or otherwise unsuitable in the view of the Client or user.

Data Retention and Backup

Backups are performed by CMS as a courtesy to Clients; however, all Clients are advised to maintain a current local copy of their files in the event backups are irretrievable for any reason. CMS will not be responsible for data or other loss resulting from the unavailability of backups. Backups will not be retained for accounts that have been cancelled or terminated, unless special arrangements are made with CMS.

Violations of this Acceptable Use Policy

The prohibited practices set out in this AUP constitute an abuse of CMS services and accordingly these practices are prohibited by each CMS service contract which incorporates the provisions of this AUP by reference into every Client contract. CMS reserves the right to refuse, cancel, or suspend hosting services to its Clients at its discretion for any violation of this Acceptable Use Policy or its standard service contract.

Please notify CMS of any suspected abused by emailing info@cmswebsolutions.com or call 877-299-9966.

If a Client is notified by CMS via e-mail or otherwise or the Client discovers that the Client or any third party under Client's control is violating this Acceptable Use Policy, the Client agrees to take whatever steps are necessary to stop such activity, and prevent repeat violations by the offending entity.

The Client will respond to all violations reported within 1 (one) business day of the violation being reported, and will have put a stop to the activity within 2 (two) business days of the violation first being reported.

CMS reserves the right to suspend Clients' accounts and its hosting services to Client until all violations have been corrected to the satisfaction of CMS.

If CMS is required to suspend or remove a Clients' account as a result of a breach of this Acceptable Use Policy there will be no refund of any kind given or provided.

Nothing contained in this AUP shall be construed to limit CMS' actions or remedies in any way with respect to any of the prohibited activities. CMS reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from CMS service, and levying cancellation charges to cover CMS' costs. In addition, CMS reserves at all times all rights and remedies available to it with respect to such activities at law or in equity. Complaints regarding email, or USENET abuse, SPAM or illegal use or system or network security issues, should be sent to info@cmswebsolutions.com.

April 11, 2013
CMS WEB SOLUTIONS INC.