Acceptable Bandwidth Use Policy (AUP)

All Creative Depths Web hosting customers agree to use Bandwidth Services only for lawful purposes, in compliance with all applicable law.

Specific activities that are prohibited include, but are not limited to:

1. Threatening harm to persons or property or otherwise harassing behavior.
2. Violating Canadian export control laws for software or technical information.
3. Misrepresenting or fraudulently representing products/services using Customer's account.
4. Transmission, distribution or storage of any material in violation of any applicable law or regulation.
5. Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal.
6. Facilitating, aiding, or encouraging any of the above activities, whether using Creative Depths network or service by itself or via a third party's network or service.
7. Interference with a third party's use of Creative Depths network or service, or ability to connect to the Internet or provide services to Internet users.
8. Transmission, distribution, or storage of any material that is slanderous or libelous.
9. Operating peer-to-peer file-sharing servers, clients, bots, applications, software, agents, and the like.
10. Operating Internet Relay Chat ("IRC") servers, clients, bots, applications, software, agents, and the like.
11. Sending unsolicited email messages ("Spam"), including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. Customer will not use another site's mail server to relay email without the express permission of the site. It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside Creative Depths network. It is also strictly forbidden to be involved in the distribution of tools designed for the aiding of Unsolicited Bulk Email (UBE). A Customer's connectivity may be terminated without delay if the Customer has been documented on a recognized SPAM abuse list or if the Customer has previously been denied access from another provider due to AUP violations.
12. Customer is prohibited from utilizing Creative Depths services to compromise the security or tamper with system resources or accounts on computers at the Premises or at any third party site.
13. Use or distribution of tools designed for compromising security.
14. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
15. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
16. Deliberate attempts to overload a system and broadcast attacks.
17. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
18. Intentionally or negligently transmitting files containing a computer virus or corrupted data.

Violation

• Spamming is explicitly prohibited; Customer agrees to a $35 fee per spam complaint that Creative Depths receives.
• Creative Depths, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violation of this AUP could also subject Customer to criminal or civil liability. Creative Depths may block access at the router level to Customer's Website involved. If Creative Depths believes, in its sole discretion, that a violation of this AUP has occurred, such action may also include, but is not limited to, temporary or permanent blocking of access to the website, and the suspension or termination of Customer's Services under this Agreement. Creative Depths may involve and will also fully cooperate with law enforcement authorities (including compliance with court orders) in investigating suspected lawbreakers.

Customer is responsible for all use of the Hosting Space and Bandwidth Services by itself, its employees, agents, contractors, invitees and clients, whether such use is with or without the consent of Customer.

Creative Depths reserves the right to modify this AUP at any time without notice.

Last Updated: Oct 2006