Acceptable Use Policy
Acceptable Use Policy
Cre8tive is committed to complying with the laws and regulations governing use of the Internet, e-mail transmission and preserving for its Customers the ability to use Cre8tive’s iCloud Solutions and hosted environments without interference or harassment from other users. The Cre8tive AUP (“AUP”) is designed to help achieve these goals.
The AUP applies to the Cre8tive Solutions, Hosted Services and Consulting Services that provide (or include) access to the Internet, cloud service, hosting services (software applications and hardware), or are provided over the Internet (hereinafter “Services”).
General Prohibitions
Cre8tive prohibits use of its Services in any way that is unlawful, harmful to or interferes with use of Cre8tive’s network or systems, or the network of any other provider, interferes with the use or enjoyment of Services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy.
Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services that are accessed via a link from the Cre8tive-branded website or from a website that contains Cre8tive-branded content is a violation of this AUP.
Unlawful Activities
Users of Cre8tive’s website and iCloud Solutions must comply with federal and state laws, Cre8tive’s rules, regulations and policies, and the terms of applicable contracts including software licenses while using Cre8tive’ resources. Examples of applicable laws, rules and policies include but are not limited to the laws of libel, privacy, copyright, trademark, obscenity and child pornography; the California identity theft laws and Federal restrictions such as the Electronic Communications Privacy Act and the Computer Fraud and Abuse Act, which prohibit “hacking,” “cracking” and similar activities; You may not use this site or Cre8tive’s Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, or any other party’s use or enjoyment of this site, the Cre8tive Network, or Cre8tive’s Solutions.
Prohibited Conduct and Restricted Content
Adult Content is Prohibited on Cre8tive’ iCloud Solutions and Hosting plans.
Storing or posting individual personal information, including medical records, social security numbers and credit information is prohibited in Cre8tive’s iCloud Solutions and Hosting plans without express written approval from Cre8tive.
Information and materials restricted by the United States Commerce Department, State Department, Department of Defense or other Commissions or Departments is prohibited without express written approval from Cre8tive.
The Customer shall not use Cre8tive’s Service or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including without limitation text, communications, software, images, sounds, data, or other information that, in Cre8tive’s sole discretion:
(i) is threatening, obscene, indecent, pornographic, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another’s privacy, tortious, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”),
(ii) threatens or encourages bodily harm or destruction of property,
(iii) harms any Person,
(iv) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason,
(v) contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer,
(vi) violates any terms or conditions of any other network access provider or Internet service provider,
(vii) violates the rights of any Person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services,
(viii) adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous remailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations,
(ix) collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent or in a manner that violates applicable laws concerning privacy,
(x) has a negative effect on Cre8tive or its network (including, without limitation, overloading servers on the Cre8tive Network; causing portions of the Cre8tive Network to be blocked by other network providers; generating unresolved third-party complaints or complaints which, in the discretion of Cre8tive, impose an unreasonable administrative burden on Cre8tive; etc.).
System and Network Security
The Customer is prohibited from violating or attempting to violate the security of Cre8tive’s network or systems. Any violations (and or attempts of violations) of system or network security may result in civil or criminal liability in addition to immediate termination of Customer’s Agreement with Cre8tive. These violations include, but are not limited to the following: (a) accessing data not intended for the Customer or logging into a server or account that the User is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network (including, but not limited to, means of overloading, flooding through “DOS/DDOS” or “crashing”; (d) forging any TCP/IP packet header/payload or any part of the header/payload information; and or (e) taking any action in order to obtain services to which the Customer is not entitled.
You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another Cre8tive account or attempt to gain unauthorized access to another network or server.
Introduction into the network or server of any malicious program (examples: viruses, worms, Trojan Horses, logic bombs, and other executables intended to inflict harm), or any self-extracting file or program containing any malicious program is prohibited.
Child Pornography
Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Cre8tive will report any discovered violation of this prohibition to law enforcement and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers. Cre8tive will co-operate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography, or any other applicable international, federal, state, or local law that prohibits child pornography. Customers are ultimately responsible for the actions of their clients over Cre8tive’s network and shall be liable for illegal material posted by their clients.
Resource Usage
You agree to not use excessive amounts of resources. Any violations may result in us taking corrective action to maintain server stability by killing any processes, disabling and/or suspending your account.
Monitoring Use
Your participation in online communication or use of any Cre8tive Service is not edited, censored, or otherwise controlled by Cre8tive. However, Cre8tive reserves the right to monitor content on this site and on any Cre8tive servers (or third party hosted servers contracted to Cre8tive), networks, or systems and to remove content, disable sites, or suspend or terminate Services if Cre8tive, in its sole discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.
Export Control Laws
Exporting encryption software over the Internet from the United States of America to countries other than the United States of America and Canada violates United States law, unless you have a license to do so from the Bureau of Industry and Security in the United States Department of Commerce. You are solely responsible for determining whether any of your software or other information contains encryption software and whether you require a license to export your software or information. You are also solely responsible for complying with all applicable laws governing the export of encryption products.
International Use
Cre8tive makes no representation that materials available on this site or any or through any Cre8tive service are appropriate or available for use in locations outside the United States and accessing them or using them from territories where their contents are illegal is prohibited. Customers and their users who access this site or any site hosted by Cre8tive from locations outside the United States of America are solely responsible for compliance with all applicable local laws and regulations. Moreover, to the extent allowed by law, Customers agree to defend, indemnify, and hold harmless Cre8tive, its parents, subsidiaries, partners, joint-venturers, employees and agents, and all their respective heirs, successors, and assigns for any acts of Customer or Customer’s users that may violate any applicable law.
Intellectual Property Rights. Violation of Intellectual Property
All Cre8tive Web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of Cre8tive © 2017. All rights reserved. If any page, information, or content is copied, it may only be copied for non-commercial uses that are explicitly allowed under the Customer’s Agreement with Cre8tive or by law, and Cre8tive shall, in any event, retain all copyright and other proprietary interests in said page, information, or content.
You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any Cre8tive Service. Nothing on any Cre8tive Web site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to Cre8tive by virtue of it being displayed or made accessible on any Cre8tive Web site. Except as expressly authorized, you agree not to use this site or any Cre8tive Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any Cre8tive Services.
Cre8tive’s data center infrastructure including all hardware, software, and telecommunications facilities located in its data center may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any United States or state regulation or law or the common law, or any applicable foreign or international law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, patent, trade secret, or other intellectual property rights.
Service(s) shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Cre8tive or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
Customer’s Grant of Limited License to Cre8tive; Warranties on Content
By posting or submitting content to any Cre8tive Web site or server, you:
(i) Grant Cre8tive a limited license to transmit, copy, store, back up, and retrieve the content, solely for the purpose of providing you with the services you are purchasing under your Agreement with Cre8tive;
(ii) Acknowledge that you are placing data on servers, networks, and systems that reside physically in the United States. Such servers, networks, and systems are governed by United States law and not by the laws of other jurisdiction. As such, your rights to privacy are governed by United States law and the Cre8tive Privacy Policy. By ordering or using Cre8tive’s services, you explicitly consent to this provision regarding privacy.
WHILE CRE8TIVE WILL MAKE REASONABLE EFFORTS TO PROTECT THE PRIVACY OF YOUR INFORMATION AND TO COMPLY WITH UNITED STATES LAW, PLEASE BE ADVISED THAT YOUR PRIVACY RIGHTS AVAILABLE UNDER UNITED STATES LAW AND THE CRE8TIVE PRIVACY POLICY MAY BE LESS THAN THOSE GUARANTEED BY THE LAWS OF THE COUNTRY WHERE YOU RESIDE.
(iii) Warrant and represent that you own or otherwise control all the rights to the content and that public posting and use of your content by Cre8tive does not and will not infringe or violate the rights of any third party; and
(iv) Agree to defend, hold harmless, and indemnify Cre8tive for any claims of any third party resulting from the public posting or use of your content.
Suspension and Cancellation
Cre8tive reserves the right to suspend service to any Customer or who is using our network or Services for violation of the AUP, the Privacy Policy, or the Terms of Service. Cre8tive will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Cre8tive reserves the right to terminate Service without notice for continued and repeated violations of the AUP, the Privacy Policy, or the Terms of Service.
Incident Reporting
Any complaints regarding violations of this AUP by a Cre8tive customer should be immediately directed to the Cre8tive by calling 1-858-457-2786 or sending an email to: info@ctnd.com.
Where possible, include details that would assist Cre8tive in investigating and resolving the complaint (i.e. date & time, IP addresses, expanded headers and a copy of the offending transmission).
Copyright/Trademark Infringement Complaints: If you believe that your copyright or trademark has been used by a Cre8tive Customer without permission, such that the use may constitute infringement of your intellectual property rights, please contact us via email.
Revisions
Cre8tive may revise this Acceptable Use Policy without prior notice. Such revisions are effective when posted. You are responsible for reviewing the online Acceptable Use Policy from time to time to stay up-to-date with any changes.