As a provider of web site hosting, co-location and other Internet-related services, Cavalier Web Solutions offers its customers, and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Cavalier Web Solutions respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Cavalier Web Solutions reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, has developed an Acceptable Use Policy, 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 utilising Cavalier Web Solutions' services. This Acceptable Use Policy will be revised from time to time.
One important aspect of the Internet is that no one 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 the Internet, both in the information they acquire and in the information they disseminate to others. When customers obtain information through the Internet, they must keep in mind that Cavalier Web Solutions cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that customers may acquire. For this reason, the customer 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 is sexually explicit or otherwise offensive. Because Cavalier Web Solutions cannot monitor or censor the Internet, and will not attempt to do so, Cavalier Web Solutions cannot accept any responsibility for injury to its customers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When customers disseminate information through the Internet, they also must keep in mind that Cavalier Web Solutions does not review, edit, censor, or take responsibility for any information its customers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Cavalier Web Solutions' network and may reach a large number of people, including both customers and non-customers of Cavalier Web Solutions, customers’ postings to the Internet may affect other customers and may harm Cavalier Web Solutions' goodwill, business reputation, and operations. For these reasons, customers violate Cavalier Web Solutions' Acceptable Use Policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Cavalier Web Solutions, but also because it can overload Cavalier Web Solutions' network and disrupt service to Cavalier Web Solutions customers as well as customers of other providers co-located alongside us. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Cavalier Web Solutions has the discretion to determine from all of the evidence whether the email recipients formed part of an acceptable "opt-in" mailing list or whether the email recipients should have reasonably expected to receive such solicitation. Cavalier Web Solutions will take action upon receipt of a complaint regarding unsolicited bulk and/or commercial messages, whether such a complaint is received from a customer of the Cavalier Web Solutions, a vendor for the Cavalier Web Solutions, or an external Internet user. This action may include automatic and immediate suspension or cancellation of services without refund.
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. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Cavalier Web Solutions is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Cavalier Web Solutions policy to terminate the privileges of customers who commit violations of copyright laws. Initial notice will be accepted by email, however formal reports and complaints of infringement of intellectual property rights must be lodged by registered post to:
Cavalier Web Solutions
3344 Lynnhurst Blvd.
Chesapeake VA. 23321
Obscene Speech or Materials
Using Cavalier Web Solutions network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Cavalier Web Solutions is required by law to notify appropriate enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Cavalier Web Solutions' network.
Defamatory or Abusive Language
Using Cavalier Web Solutions network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorised Access to Other Computers or Networks
Accessing illegally or without authorisation computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. 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.
Facilitating a Violation of this Acceptable Use Policy
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Acceptable Use Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Terrorism, or terrorism related sites, or sites linking to those, are not permitted on our servers. Cavalier Web Solutions will co-operate with any law enforcement agencies seeking information pertaining to such websites and their administrators.
Engaging in activities, whether lawful or unlawful, that Cavalier Web Solutions determines to be harmful to its customers, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. Cavalier Web Solutions will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with Cavalier Web Solutions' Acceptable Use Policy or applicable law. When Cavalier Web Solutions becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
Cavalier Web Solutions also is aware that many of its customers are, themselves, providers of Internet services, and that information reaching Cavalier Web Solutions facilities from those customers may have originated from a customer of the customer or from another third-party. Cavalier Web Solutions does not require its customers who offer Internet services to monitor or censor transmissions or web sites created by customers of its customers. Cavalier Web Solutions has the right to directly take action against a customer of a customer. Also, Cavalier Web Solutions may take action against the Cavalier Web Solutions customer because of activities of a customer of the customer, even though the action may effect other customers of the customer. Similarly, Cavalier Web Solutions anticipates that customers who offer Internet services will co-operate with Cavalier Web Solutions in any corrective or preventive action that Cavalier Web Solutions deems necessary. Failure to co-operate with such corrective or preventive measures is a violation of Cavalier Web Solutions' s Acceptable Use Policy.
Cavalier Web Solutions also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Cavalier Web Solutions urges its customers to assume that all of their on-line communications are insecure. Cavalier Web Solutions cannot take any responsibility for the security of information transmitted over Cavalier Web Solutions' s facilities. Some vendors for Cavalier Web Solutions may offer liability insurance and other associated guarantees and undertakings pertaining to activities carried out on Cavalier Web Solutions' network or on an external network by Cavalier Web Solutions customers, and the resolution of those matters is strictly between the vendor and the customer of Cavalier Web Solutions.
Cavalier Web Solutions will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority, or when public safety is at stake. Cavalier Web Solutions may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Cavalier Web Solutions may disclose information, including but not limited to, information concerning a customer, 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. Cavalier Web Solutions assumes no obligation to inform the customer that customer information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Cavalier Web Solutions may disclose customer information or information transmitted over its network where necessary to protect Cavalier Web Solutions and others from harm, or where such disclosure is necessary to the proper operation of the system.
Cavalier Web Solutions expects that its customers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer’s failure to comply with those laws will violate Cavalier Web Solutions' Acceptable Use Policy. Finally, Cavalier Web Solutions wishes to emphasise that in signing the service agreement, customers indemnify Cavalier Web Solutions for any violation of the service agreement, law, or Cavalier Web Solutions' Acceptable Use Policy, that results in loss to Cavalier Web Solutions or the bringing of any claim against Cavalier Web Solutions by any third-party. This means that if Cavalier Web Solutions is sued because of a customers' or customer of a customers' activity, the customer will pay any damages awarded against Cavalier Web Solutions, plus costs and reasonable legal fees.
Cavalier Web Solutions places great value on its goodwill and reputation and customers agree not to act in any manner that may damage or harm the goodwill or reputation of Cavalier Web Solutions and/or its associated group of services.
We hope this Acceptable Use Policy is helpful in clarifying the obligations of Internet users, including Cavalier Web Solutions and its customers, as responsible members of the Internet. Any complaints about a customer’s violation of this Acceptable Use Policy should be sent in the first instance by email, to Cavalier Web Solutions at
Limited Warranty; Limitation of Liability; Indemnification Limited Warranty
You acknowledge that the Services are provided "as is." Neither Cavalier Web Solutions, nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. Cavalier Web Solutions is not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, non-infringement, merchantability or fitness for a particular purpose of information available on its SERVERS or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will Cavalier Web Solutions be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.
IN NO EVENT SHALL CAVALIER WEB SOLUTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE CAVALIER WEB SOLUTIONS SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF CAVALIER WEB SOLUTIONS SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CAVALIER WEB SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CAVALIER WEB SOLUTIONS MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO CAVALIER WEB SOLUTIONS FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, CAVALIER WEB SOLUTIONS LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold Cavalier Web Solutions and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Cavalier Web Solutions's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Cavalier Web Solutions's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Cavalier Web Solutions's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Last Revised: February 12th, 2004.