Acceptable Use Policy

violates any applicable law, regulation, treaty, or tariff, including, but not limited to, data privacy laws;

violates the acceptable use policies of any networks, machines, or services that are accessed through CareServ’s network;

infringes on the intellectual property rights of CareServ or others;

violates the privacy of others;

involves the resale of CareServ’s products or services, unless explicitly documented in any written and fully executed agreement with CareServ;

includes deceptive online marketing practices including, without limitation, practices that: violate the United States Federal Trade Commission’s guidelines for proper online marketing schemes; violate any specific instructions given by CareServ for reasons of health, safety or quality of any other telecommunications services provided by CareServ, or by basis of the need for technical compatibility of equipment attached to the CareServ network;

materially affects the quality of any telecommunications services provided by CareServ; and/or

otherwise violates this AUP.

unauthorized use (or attempted unauthorized use) or sabotage of any computers, machines, or networks;

attempting to interfere with or deny service to any user or host (e.g., denial of service attacks or Domain Name System (“DNS”) spoofing attacks);

falsifying user identification information;

introducing malicious programs into CareServ Network or Servers (e.g., viruses, worms, Trojan horses, etc.);

scanning the networks of others for vulnerabilities without authorization;

executing any form of network monitoring (e.g., using a packet sniffer) or otherwise engaging in any monitoring or interception of data not intended for the customer without authorization;

attempting to circumvent Customer authentication or security of any host, network, or account (“cracking”) without authorization;

using any program/script/command or sending messages of any kind, each designed to interfere with a third-party customer terminal session, via any means, locally or via the Internet;

“phishing,” or simulating communications from the website or other services of another entity to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service;

“pharming,” or using malware, DNS cache poisoning, or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service;

transmitting or receiving, uploading, using, or reusing material that is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy, or similar third party rights;

furnishing false or incorrect data on the signup form; using the services above any specified bandwidth limitation for the customer’s user account;

advertising, transmitting or otherwise making available any software, program, product, or service that is designed to violate this AUP;

attempting to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document the “use” of CareServ’s products and services;

falsifying header information or user identification information;

attempting to breach, breaching, or disrupting Internet communication including, but not limited to, accessing data of which the customer is not an intended recipient or logging into a CareServ server or account that the customer is not expressly authorized to access;

hijacking IP space;

collecting responses from mass unsolicited e-mail messages;

deliberately sending excessively large attachments to one e-mail recipient;

sending unsolicited (“opt-out”) bulk email;

transmitting unsolicited commercial e-mail messages;

maintaining an open mail relay and/or an open proxy;

collecting e-mail addresses from the Internet to send an unsolicited bulk e-mail or to collect addresses for others for that purpose; and/or

offering, participating in, and/or transmitting, the Usenet or similar bulletin-board or newsgroup services.

a description of the copyrighted work claiming to be infringed;

a description of where the allegedly infringing material is located on the site;

the address, telephone number, e-mail address, and electronic or physical signature of the complaining party;

a statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

a statement by the complaining party, made under penalty of perjury, that the above information in the notice is accurate and that the complaining party is the copyright owner or authorized to act on the copyright owner’s behalf. Notices of claimed infringement should be directed to dmca@gocareserv.com.

When CareServ removes or disables access to any material claimed to be infringing, CareServ may attempt to contact the customer who has posted or provided such content to allow that customer to respond to the notification. All counter notifications submitted by the customer will be furnished to the complaining party. CareServ will allow the complaining party to seek judicial relief per the DMCA before CareServ replaces or restores access to any material as a result of any counter-notification.

using e-mail to engage in harassment, whether through language, frequency, or size of messages, including continuing to send someone an e-mail after being asked to stop;

using e-mail to disrupt (e.g., mail bombing, “flashing,” etc.);

an originating e-mail with falsified header information or obscured information (e.g., encoded or “obfuscated URLs”) designed to hinder identification of the location of what is advertised;

originating chain letters, pyramid schemes, and hoaxes;

using another party’s e-mail server to relay e-mail without express permission from such other party;

using the CareServ or Customer account to collect replies to messages sent from another provider that violate these rules or those of the other provider; and

using CareServ services in connection with or in support of the running of a mail server without a license to run such a server in any jurisdiction where such license is required.