Clearview’s Acceptable Use Policy (“AUP”) is provided to give our clients a clear understanding of what Clearview expects of them while using the service. All users of Clearview’s Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to secure the Services, must comply with this AUP.
Use of Clearview Service constitutes acceptance and agreement to Clearview’s AUP (Acceptable Usage Policy).
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our SA (Service Agreement), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Clearview may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong doing. Your violation of this AUP may result in the suspension or immediate termination of either your Clearview account or other actions as detailed in this document.
This document is intended to provide a basic understanding of Clearview’s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Clearview’s AUP:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and network, as well as the networks and systems of others throughout the expanse of the global Internet
- Comply with existing domestic and international law
- Maintain our reputation as a responsible service provider
- Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
- Preserve the privacy and security of individual users
Clearview intends to provide its customers access to everything the Internet has to offer. While Clearview is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Clearview and the Internet and cannot be permitted under the guise of free speech. The resources of the Clearview and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your dedicated server or co-location server which Clearview determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If a Clearview account is used to violate the Acceptable Use Policy or our SA, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at email@example.com
As a provider of managed services, web site hosting and other Internet-related services, Clearview offers its customers (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Clearview respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Clearview reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Clearview has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using Clearview’ services. This AUP will be revised from time to time. A customer’s use of Clearview’s services after changes to the AUP are posted on the Clearview web site, www.clearviewfocus.com , will constitute the customer’s acceptance of any new or additional terms of the AUP resulting from those changes.
As the owner and operator of a server located on the Clearview network, all activity that takes place on the server is your responsibility. Clearview reserves the right to refuse and terminate services for any reason, without notice, and in the event that any damage to our network and service is determined, we will be required to take action in preventing said damage.
Blatant violations of the AUP are determined by our Abuse Department and appropriate actions will be taken to protect the well being of our network segment whenever abuse/AUP-violation issues are concerned.
One important aspect of the Internet is that no singular 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 subscribers obtain information through the Internet, they must keep in mind that Clearview cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber 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 in a variety of facets. Because Clearview cannot monitor or censor content on the Internet, and will not attempt to do so, Clearview cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
Server Security: When server security is maintained by the server owner, it is his or her responsibility to maintain the server software and ensure updates and all aspects of server security are properly maintained. Servers that are compromised in any extent are considered to be in direct violation of this AUP. In the event that server security is breached, Clearview reserves the right to perform the following actions:
- A.) Disable the server and cancel it from our system if it is determined that updates and standard updates have not been taking place. Clearview, following an in-depth analysis, may offer updates and related procedures to the server owner for a one time fee. Multiple violations that occur in a six (6) month period will result in mandatory service termination, and at all times the Clearview Administrative Team reserves the right to immediately terminate any server that breaches these policies and causes risk to our network as a whole.
DDOS Attacks: Clearview does not provide attack mitigation for some customers. In the event that a server is attacked and causes connectivity issues to the overall network, the following actions can take place:
- A.) All network addresses associated with the server can be null routed and blocked at the routing perimeter of the affected network for an indefinite amount of time when necessary.
- B.) Server can be disabled for a cool down period set forth by the network administrators. Cool down periods disable the server and stop the flow of traffic to and from the server. The period for cool down is determined by our network administrators, based upon the severity of the attack taking place.
- C.) Server cancellation can take place if it is determined the overall operations of this server will likely cause perpetual network disruption that is unknown or determined as harmful to other clients on the Clearview network.
Shared Hosting/Resold Services: Clearview is a host to a multitude of shared hosting and reseller hosting providers. As one of these customers you are accepting full responsibility for the content and operations of the server. To protect our network and the well being of our customer base, Clearview reserves the explicit right to terminate and/or quarantine any web hosting account located on our network for violation of this AUP. Disabling accounts may be the first course of action taken by our Abuse Department and notification to the server owner will take place alongside these procedures. Clearview also reserves the right to request permanent removal of the account in question. Failure to comply can and will result in the cancellation of server.
Bulk Email: or, the sending of unsolicited bulk and/or commercial information over the Internet. This is not only harmful because of its negative impact on consumer attitudes toward Clearview, but also because it can overload Clearview’s network and disrupt service to Clearview’s subscribers.
In the event that bulk transmissions of unsolicited mail are sent either by the customer, via the customer’s server, and/or advertising products or services provided by the customer or by one of the customer’s accounts, Clearview reserves the right to have the offending account, source engine of transmission, or entire server itself, removed from our network.
If your server, one of the accounts on your server, or IP range(s) associated with your server are found to have been listed on any of the RBL lists provided by SPAM blocking organizations, we will take action in having these listings removed, which may include having accounts and/or servers deactivated or cancelled, as to be determined by our Abuse Department. Full cooperation is expected from the customer in having these listings removed, as to prevent any of the abovementioned unpleasant actions.
The CAN SPAM law of 2003 will not be used as a guideline in determining the legitimacy of mailing practices. Instead, our internal policies will continue to be used in regards to this issue, so that our network is protected against being blocked by RBL listings.
Intellectual Property Violations: Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy and patents held by individuals, corporations or other entities is strictly prohibited. Also, engaging in activity that violates privacy, publicity or other personal rights of others is prohibited. Clearview is required by law to remove or block access to customer content, upon receipt of a proper notice of copyright infringement. It is also Clearview’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Copyrights and Copyright Agent.If you believe that your copyrighted work has been replicated in a way
that is a copyright infringement, please provide Clearview’s DMCA Agent (see contact info at end of this
section) the information as indicated below, in writing, and as stipulated in the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is purportedly violated;
- Identify the copyright work claimed to have been violated, or, if multiple infringements are being enacted at a single online site, a representative list of such works at that site;
- Identification of the material that is claimed to be a violation or to be the subject of violating activity and that is to be removed or access to which is to be curtailed, and information reasonably sufficient to enable Clearview to locate the material;
- Relevant information sufficient to permit Clearview to contact you;
- A statement, by you, as to your having a good-faith belief that use of the material in the manner displayed is not authorized by the copyright owner or its agent or that the usage is acceptable under the law;
- A statement attesting that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly violated.
Clearview’s DMCA Agent for notice of claims of copyright infringement can be reached as follows:
Clearview International, LLC
6606 LBJ Freeway
Dallas, TX 75240
Attn: DMCA Agent
Obscene Speech or Materials: Using Clearview’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Clearview is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography immediately hosted within or being transmitted through its network.
Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message, is not allowed on Clearview’s network.
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) will not be allowed.
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: Distributing information regarding the creation of and/or sending Internet viruses, worms, Trojan horses, ICMP assaults or other flooding mediums, mail-bombing or the launching of denial of service attacks are strictly 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 are not allowed.
Facilitation a Violation of 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.
Export Control Violations: Exporting encryption software over the Internet or otherwise, to points outside the United States is prohibited.
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 prohibited.
Other Activities: Engaging in activities, whether lawful or unlawful, that Clearview determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations, is strictly prohibited.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Clearview will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Clearview’s policy or applicable law. However, when Clearview becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, deactivating a web site, implementing screening software designed to block offending transmissions, denying Internet connectivity, or any other action deemed appropriate by Clearview.
Clearview is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Clearview’s facilities from those subscribers may have originated from a customer of the subscriber or from yet another third party. Clearview does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Clearview reserves the right to directly take action against a customer of its subscribers. Also, Clearview may take action against the Clearview subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Clearview anticipates that subscribers who offer Internet services will cooperate with Clearview in any corrective or preventive action that Clearview deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Clearview policy.
Clearview will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority, or when public safety is at stake. Clearview may, however, monitor any aspect of service electronically to determine that its facilities are operating satisfactorily.
Also, Clearview may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Clearview assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Clearview may disclose subscriber information or information transmitted over its network where necessary to protect Clearview and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Clearview will never sell information to other services or outside companies.
Clearview expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Clearview policy.
Clearview wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Clearview for any violation of the Service Agreement, law, or Clearview policy resulting in loss to Clearview or the bringing of any claim against Clearview by any third party. This means that, if Clearview is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Clearview, plus costs and reasonable attorney’s fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Clearview and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to firstname.lastname@example.org immediately.
REPORTING VIOLATIONS OF Clearview AUP
Clearview requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at email@example.com.
If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone or offset from GMT
- Evidence of the alleged violation
- E-mail with full header information provides all of the above, as do system log files.
Other situations will require different methods of providing the above information. Clearview may take any one or more of the following actions in response to complaints:
- Issue written or verbal warnings
- Suspend the Member’s account
- Terminate the Member’s account
- Bill the Member for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
Clearview reserves the right to revise, amend, or modify this AUP, our SA (Service Agreement) and our other policies and agreements at any time and in any manner.
Clearview International, LLC
CVMS Waco Data Partners, LLC
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