The purpose of this AUP is to set forth guidelines for the expected conduct of users of the Services and the types of actions and content that are contrary to Orcas Web’s mission and philosophies. This AUP is intended to protect the Services, employees, and customers of Orcas Web, and end-users from improper, inappropriate, abusive, or illegal activity. Orcas Web may suspend or terminate your right to access and use the Services if, in its sole determination, it believes you have violated this AUP.
You are responsible for the activities of your agents, representatives, and end-users (“Users”) and will they abide by this AUP. The Services shall be used solely for legitimate business and commercial purposes, and you shall not use the Services for activities which, in Orcas Web’s sole discretion, may be illegal, offensive, abusive, or in a manner that interferes with or adversely affects the Services or use of the Services (including deliberate attempts to overload a system and broadcast attacks) or that would expose Orcas Web to criminal or civil liability. Some examples of prohibited activities follow, but this is not an exhaustive list. You and your Users agree not to use the Services for:
- Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services.
- The unauthorized access, monitoring, collection, or use of data, systems, or networks.
- Transmitting, distributing, or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity, or other personal rights including, any copyright, patent, trademark, trade secret, or other proprietary rights.
- Engaging in offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.
In addition, you and your Users must comply with all applicable laws, rules and regulations related to your use of the Services, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.
Orcas Web’s Rights
Orcas Web reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP. You shall reasonably cooperate with Orcas Web in investigating and correcting any actual or alleged breach of this AUP by yourself of any User. Orcas Web further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that Orcas Web believes is responsible for such violation. Orcas Web may implement technical mechanisms to prevent AUP violations.
Nothing in this AUP shall limit Orcas Web’s rights and remedies at law or in equity that may be available.
Consequences of Violations of this AUP
If Orcas Web, in its sole discretion, reasonably believes you or your User violated this AUP, Orcas Web may suspend your Services without prior notice, terminate your agreement with Orcas Web, and/or block any traffic that it reasonably believes is in violation of this AUP. In addition to any other remedy Orcas Web may have, it may charge you its standard hourly rate together with its reasonable legal fees, and the cost of equipment and material needed to investigate, respond to, and remedy any violations of this AUP.
Orcas Web is under no duty to monitor user’s activities, and Orcas Web disclaims any responsibility for any User’s misuse of the Services. Orcas Web has no responsibility for any User or other third-party material or information created, stored, maintained, transmitted or accessible on or through the Services, and is not obligated to monitor or exercise any editorial control over such material. In the event that Orcas Web becomes aware that any such material violates this AUP and/or exposes Orcas Web to civil or criminal liability, Orcas Web may but is not required to, block access to such material. Unless otherwise stated in this AUP, Orcas Web disclaims any obligation to any person who has not entered into an agreement with Orcas Web for use of the Services.
Notification of Violations
If you become aware of any violation of this AUP by anyone, including your Users, you must immediately notify Orcas Web using the Abuse Report Form found here.