Acceptable Use Policy

Acceptable Use Policy (AUP)

All Clients of Digital Canvas and customers using the Sapphire Commerce Software agree to abide by the following policies. Digital Canvas reserves the right to change and update these policies as it sees necessary.

Introduction

Most Service Providers have specific guidelines pertaining to general use of the Internet. As the Internet expands, it is increasingly common for an Internet Service Provider, such as Digital Canvas, to be blocked from use of another organization’s systems due to violations of that system’s AUP. Because Digital Canvas runs multi-user systems, client actions can have a severe impact on other clients’ ability to use the system(s). This is unfair to all Digital Canvas users. To this end, Digital Canvas has developed these Acceptable Use Policies. They are intended to inform Client of what Digital Canvas considers to be acceptable conduct in relation to the Internet, and of what actions we may take, with or without notice, in the event that Digital Canvas becomes aware of inappropriate use of its service. This AUP will be used to help Digital Canvas’ system administrators deal with complaints from users of Digital Canvas or other Internet-connected systems, and to determine when action should be taken. It is expected that Client will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of Digital Canvas’ technical resources, its ability to continue to provide high quality service to Client, and to protect Digital Canvas’ reputation as a service provider.

Access to Digital Canvas’ Service is Provided Subject to the Following:

Security

Client is responsible for all use of Client’s account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. Digital Canvas will suspend or change access to Client’s account(s) immediately upon notification by Client that Client’s password has been lost, stolen or otherwise compromised. Digital Canvas is not liable for any usage and or charges prior to Digital Canvas making the necessary account alteration. Electronic mail on this system is as private as Digital Canvas can make it. Client is reminded that no computer network can ever be considered completely safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted – and even encrypted information is only as secure as the encryption method utilized.

Non-Transferability of Account

The right to use Digital Canvas’ services is not transferable. Use of Digital Canvas’ accounts is expressly limited to the Client whose name appears on the contract

Unacceptable Conduct

The following types of conduct are grounds for immediate suspension of service pending investigation by Digital Canvas and may result in termination of any and all accounts held by the individual, corporation, or Web site associated with these violations. Client will also be held responsible for the actions of Client’s business relationships (Referrers, Associates, etc.) that impact Digital Canvas. Client’s cooperation is necessary to ensure that those involved in these relationships comply with Digital Canvas’ AUP and those of Digital Canvas’ providers. If they violate any of the following policies, Digital Canvas expects Client to make certain that they immediately cease the non-compliant action or that Client discontinues Client’s association with them. Continuing violations by Client’s business relationships may result in Digital Canvas at its discretion having to terminate Digital Canvas’ agreement with Client.

  1. Spamming or Harassment

    1. Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate).
    2. Sending unsolicited mass E-mailings (i.e., to more than 25 users) that provoke complaints from the recipients.
    3. Engaging in either (A.) or (B.) from a provider other than Digital Canvas to draw attention to a Web site housed within Digital Canvas’ networks or covered by Digital Canvas’ agreement with Client.
    4. Engaging in abuse or harassment of other individuals on the Internet after being asked to stop by those individuals and/or by Digital Canvas.
    5. Mail bombing, i.e., sending large volumes of unsolicited E-mail to individuals or to individual business accounts.
    6. Impersonating another user or otherwise falsifying one’s user name in E-mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous retailer services.)
  2. Network Unfriendly or Illegal Activity

    1. Attempts, whether successful or not, to gain access to any other system or users’ private data without express consent of the user.
    2. Attempts to interfere with the regular workings of Digital Canvas’ systems or network connections or which adversely affect the ability of other people or systems to use Digital Canvas’ services or the Internet.
    3. Any unauthorized attempts by a client to gain access to any account not belonging to that client on any of Digital Canvas’ systems.
    4. Any activity, which violates any local, state, U.S., or international law or regulation.
    5. Repeated submissions of transactions to Digital Canvas utilizing the same or similar IPs with varying identification information.
  3. Export Control Violations

    Exporting encryption software over the Internet or otherwise, to points outside the United States is prohibited.

  4. Violation of Digital Cnavas Policy

    1. Any attempt to bypass or remove Digital Canvas’ name, logo, or customer support link from any page from Digital Canvas’ servers.
    2. The posting or display of any image or wording related to any Web site running, participating, or advertising acts allowing the subscriber to bet or gamble on an uncertain outcome, or to play a game of chance for stakes.
    3. Any attempt to display, sell, or transfer materials that violate or infringe any copyright, trademark, right of publicity, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening.
    4. Reproduction, storage, or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. Digital Canvas makes every attempt in such cases to work with both U.S. and foreign law enforcement agencies to provide information about the providers and purchasers of such material. This includes the posting or display of any image or wording instructing users how to make or perform devices or situations that may violate any state, federal, or international law.
  5. Compliance with Rules of Other Networks

    Any access to other networks connected to Digital Canvas’ Internet service must comply with the rules for that network as well as with Digital Canvas’ rules.

  6. Monitoring/Privacy

    Digital Canvas reserves the right without Client’s permission to monitor any and all communications through or with its facilities as well as all Clients’ sites for compliance with this AUP and Digital Canvas’ Terms and Conditions. Client agrees that Digital Canvas is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for Digital Canvas’ employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred.

  7. Cooperation with Authorities

    Digital Canvas reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, trademarks, child pornography, postings or E-mail containing threats of violence or other illegal activity.

  8. Confidentiality of Personal Subscriber Information

    Digital Canvas will not release any client or customer personal information, to any third party except upon presentation of a valid court order or other request to which Digital Canvas is legally required to respond. Client agrees that Digital Canvas’ judgment as to the validity of any court order, subpoena, or request shall be considered proper and final.

  9. Digital Canvas Right to Modify These Acceptable Use Policies

    Digital Canvas may modify these Acceptable Use Policies on its Web site http://www.sapphire-commerce.com/terms.php in any way, at any time. It is Client’s responsibility to review the AUP on the Web site on a regular basis to ensure compliance with the latest version of this AUP. Client’s use of Digital Canvas’ services after such changes have been posted shall constitute Client’s acceptance of the modifications to these policies.

Any complaints about a client’s violation of the AUP should be sent to abuse@sapphire-commerce.com.