Creative Network Design Policy

  This agreement represents an understanding between Creative Network Design , (hereinafter called CND) and the customer (hereinafter called the CLIENT). This agreement can be changed by CND to reflect new policies and/or services through a revision of the agreement which will be made available online.

Provision of services
CND will provide services on its systems to individual CLIENTS in exchange for payment of fees and compliance with the terms and conditions of this document. CND will notify existing clients a minimum of 30 days before a change in pricing or change in services is implemented.


Acceptable Content
Materials in the public domain may be stored and transferred using CND services. CLIENTS may also re-distribute materials in the public domain. The CLIENT assumes all risks regarding the determination of whether the material is in the public domain.

  1. As provided by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using CND services without the permission of the copyright holder. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.
  2. CND does not allow the distribution of 'adult' pornographic content from any of its servers and such distribution is grounds for immediate account termination.


Account Security
As part of this agreement The CLIENT agrees to maintain the security of their passwords and is solely responsible for the content on their site(s).

  1. The CLIENT agrees to use the services provided by CND as permitted by applicable local, state, and federal laws. The CLIENT agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
  2. CND reserves the right to refuse service to any new or existing customers and refund the remaining balance on the account, if any.

Limited Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL CND BE LIABLE TO THE CLIENT FOR ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF CND'S SERVICES, EVEN IF CND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CND’S LIABILITY EXCEED THE MONTHLY FEE PAID BY THE CLIENT. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF CND'S SERVICES.

Abuse of Services
Any use of CND system resources that disrupts the normal use of the system for other CND customers is considered to be abuse of system resources and is grounds for CND intervention. Some examples of system abuse include and are not limited to: spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, external sites calling scripts on your account, spamming or mass emailing using CND or other external mail servers.

  1. CND reserves the right to close accounts that abuse services.
  2. Actions constituting abuse shall be determined by  CND.

Payment of fees, Cancellations and 30 day Guarantee
The CLIENT is responsible to keep their account in good standing.  This includes ensuring the account is paid quarterly in advance.

  1. Should the CLIENT fail to pay for an account after its quarterly period has lapsed CND may cancel the account at its discretion.  Clients with credit card billings will be automatically billed each quarter.
  2. CND will make an effort to contact the client via email and telephone prior to account closure for non payment.
  3. If payment is not received one week after the pay period due date reactivation will require payment of the accounts setup fee.
  4. Should a client wish to close an account, notice must be received in writing by fax or mail including a signature and the accounts password two full weeks prior to the beginning of their quarterly billing cycle.
  5. CND provides a 30 day money back guarantee. This period begins once the CLIENTS order is received. Set-up fee's and account overages are not refundable.

Use of email by employees of Creative Network Design LLC is permitted and encouraged where such use supports the goals and objectives of the business.

However, Creative Network Design LLC has a policy for the use of email whereby the employee must ensure that they:

  • comply with current legislation
  • use email in an acceptable way
  • do not create unnecessary business risk to the company by their misuse of the internet

Unacceptable behavior

  • use of company communications systems to set up personal businesses or send chain letters
  • forwarding of company confidential messages to external locations
  • distributing, disseminating or storing images, text or materials that might be considered indecent, pornographic, obscene or illegal
  • distributing, disseminating or storing images, text or materials that might be considered discriminatory, offensive or abusive, in that the context is a personal attack, sexist or racist, or might be considered as harassment
  • accessing copyrighted information in a way that violates the copyright
  • breaking into the company's or another organization's system or unauthorized use of a password/mailbox
  • broadcasting unsolicited personal views on social, political, religious or other non-business related matters
  • transmitting unsolicited commercial or advertising material
  • undertaking deliberate activities that waste staff effort or networked resources
  • introducing any form of computer virus or malware into the corporate network

Monitoring

Creative Network Design LLC accepts that the use of email is a valuable business tool. However, misuse of this facility can have a negative impact upon employee productivity and the reputation of the business.

In addition, all of the company's email resources are provided for business purposes. Therefore, the company maintains the right to examine any systems and inspect any data recorded in those systems.

In order to ensure compliance with this policy, the company also reserves the right to use monitoring software in order to check upon the use and content of emails. Such monitoring is for legitimate purposes only and will be undertaken in accordance with a procedure agreed with employees.

Sanctions

Where it is believed that an employee has failed to comply with this policy, they will face the company's disciplinary procedure. If the employee is found to have breached the policy, they will face a disciplinary penalty ranging from a verbal warning to dismissal. The actual penalty applied will depend on factors such as the seriousness of the breach and the employee's disciplinary record. [These procedures will be specific to your business. They should reflect your normal operational and disciplinary processes. You should establish them from the outset and include them in your acceptable use policy.]

Agreement

All company employees, contractors or temporary staff who have been granted the right to use the company's email services are required to sign this agreement confirming their understanding and acceptance of this policy.

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Copyright © 2000 Creative Network Design

 

Copyright © 1998 Creative Network Design