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Caribonix Email Acceptable Use Policy

Introduction

Without exception, Caribonix decries the practice of mass-mailing unwanted email of any type, regardless of content, and we will do everything within our power to reduce the flood of this type of traffic across the Internet.

We have the following policies (please see our definitions below):

  1. Caribonix prohibits the use of our systems in any manner associated with the transmission, distribution, or delivery of spam.
  2. Any Caribonix Email user who sends spam may have their account disabled and be disallowed further service.

If we believe that it is warranted, Caribonix operations personnel have the option to immediately disable any account in order to forestall further abuse or damage to email systems.

Spam sent from other networks which reference an email account hosted at Caribonix shall be treated as if it originated from the account referenced unless there is sufficient reason given for Caribonix operations staff to believe that the message truly originated with some unrelated party.

Likewise, postings made to Usenet newsgroups or other online forums, such as blogs that reference email accounts hosted at Caribonix, and are deemed to be inappropriate according to the local ethical standards of those forums, may be treated in the same manner as spam.

1. Prohibited Usage

You agree to not engage in any inappropriate activities, which include, but are not limited to the following:

  • Create a false identity for the purpose of misleading others.
  • Use the service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any other duplicative or unsolicited e-mail messages.
  • Interfere with another user’s enjoyment of this service or other similar services.
  • Collect any information about others without their prior consent.
  • Attempt to gain unauthorized access to our services, other accounts, computer systems and networks connected to the Email Service through any means or attempt to circumvent any protections or security systems.
  • Publish, distribute or disseminate any materials deemed to be inappropriate, profane, indecent, defamatory, infringing, obscene or unlawful by applicable law or regulations.
  • Transmit or upload any materials intended to defame, harass, threaten, abuse, stalk or otherwise harm other individuals.
  • Transmit or upload any harmful materials such as viruses or any other malicious programs.
  • Transmit or upload any material that violates intellectual property laws, trademark and copyright laws or rights of privacy unless you own or control or own the rights to the material or have obtained the necessary permission to do so.

2. Passwords

Caribonix may periodically request that you change your password for security reasons. You may be prompted to reset your password or you may receive emails prompting you to reset your password. In either case, you will be given a time period in which you must reset your password. If you fail to do so within that time period, your account will be suspended and you will not be able to send an email. If your account has been suspended for this reason, you can still log in to change your password, which will allow you to send an email again.

3. Filtering of Incoming Email

As the owner of the equipment and other resources utilized to provide services, Caribonix has the legal right to block electronic communications from other entities on the Internet.

Whenever possible, the party being blocked shall be made aware of such action before it occurs.

4. Mass Mailing

Caribonix does not support outbound mass mailing as a standard offering. As a standard practice, we limit users from sending mail to a large number of recipients per 24-hour period. This limit is restrictive on the first day of usage and becomes more lenient over time. Users who reach this limit will experience error messages such as “Daily maximum exceeded”.

This limit is subject to change without notice, should our service be compromised. In order to protect our users, we do not publish the numeric limit publicly.

5. File Sharing

Caribonix allows our Email Service customers to share files by uploading the files to Caribonix File Storage and then sharing the links to those files. Customers who participate in file-sharing must adhere to the policies outlined in this document.

Caribonix prohibits the uploading, sharing, or disseminating of any information, data, or material that is defamatory, child pornography, or hate literature, as well as any that is in violation of local, federal, or international regulation or law, or that is prohibited by common law. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute.

Caribonix also prohibits the posting, storing, transmitting, or disseminating of any information or software that contains a virus, Trojan horse, worm, defect, or any other harmful, contaminating, or disruptive components.

Caribonix reserves the right, at its sole discretion, to lock any account this is found to be in violation of this policy.

6. Illegal Activities

Services offered may only be used for lawful purposes. Transmission, distribution, or storage of any information, data, or material that is in violation of federal or state regulation or law, or by common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute.

Caribonix reserves the right to cooperate with law enforcement and other legal authorities in investigating claims of illegal activity.

Caribonix will not release any information regarding our users (excepting that which is public knowledge, such as the InterNIC’s WHOIS database) to any third party, except upon presentation of a valid court order from a government or legal entity with proper jurisdiction. The users agree that Caribonix’s judgment as to the validity of any such order shall be considered proper and final.

7. Right to Damages

Caribonix considers most instances of spam to be a theft of services and reserves the right to prosecute originators in a court of law.

Caribonix reserves the right to collect damages (to cover software, hardware, and man-hours) if any harm is done to our network or equipment that requires repair or reconfiguration of any kind. If deemed appropriate by Caribonix, the users will be billed not less than USD $500 per individual complaint received by Caribonix staff.

In addition, Caribonix reserves the right to collect punitive damages in recompense for any perceived loss of brand reputation. Nothing contained in this document shall be construed to limit action that Caribonix may take or remedies that are available to us with respect to any of the described conduct. Caribonix reserves the right to take any additional actions we may consider appropriate with respect to such conduct, including, without limitation, taking action to recover costs and expenses of identifying offenders and removing them from our network or systems and levying cancellation charges to cover costs in the event of disconnection for the causes outlined in this policy document. In addition, Caribonix reserves at all times all rights and remedies available to us with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Caribonix reserves the right to enforce such policy or rule at its sole discretion.

8. Definitions used in this document

“Spam” refers to any messages sent to multiple recipients who have not agreed to receive such messages.

“User” refers to the person, persons, or entity using a specific email account (designated by a unique email address) within a domain controlled and operated by Caribonix.

9. Selected Bibliography