Acceptable Use Policy
As a provider of hosting services, and other Internet-related services (as further described in the Master Hosted Services Agreement between the parties, the “Services”), Campus Kaizen LLC (“Campus Kaizen”) offers its customers (each, individually, a “Client,” and collectively “Clients”), and their users, the means to acquire and disseminate public, private, commercial, and non-commercial information. Campus Kaizen respects that the Internet provides a forum for free and open discussion and dissemination of information; however, when there are competing interests at issue, Campus Kaizen reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Campus Kaizen has developed this Acceptable Use Policy (“AUP“), which supplements and explains certain terms of each Client’s respective service agreement and is intended as a guide to the Client’s rights and obligations when utilizing Campus Kaizen’s Services. This AUP may be revised from time to time. A Client’s use of Campus Kaizen’s Services after changes to the AUP are posted on Campus Kaizen’s web site, www.CampusKaizen.com, will constitute the Client’s acceptance of any new or additional terms of the AUP that result from those changes.
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 Clients obtain information through the Internet, they must keep in mind that Campus Kaizen cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that Clients may acquire. For this reason, the Client must exercise his, her, or its 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 Campus Kaizen cannot monitor or censor the Internet, and will not attempt to do so, Campus Kaizen cannot accept any responsibility for injury to its Clients that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When Clients disseminate information through the Internet, they also must keep in mind that Campus Kaizen does not review, edit, censor, or take responsibility for any information its Clients 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 Campus Kaizen’s network and may reach a large number of people, including both Clients and non-Clients of Campus Kaizen, Clients’ postings to the Internet may affect other Clients and may harm Campus Kaizen’s goodwill, business reputation, and operations. For these reasons, Clients violate this AUP and the Master Hosted Services Agreement between Campus Kaizen and Client when Client, its customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming — 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 Campus Kaizen, but also because it can overload Campus Kaizen’s network and disrupt service to Campus Kaizen Clients. Also, maintaining an open SMTP (Simple Mail Transfer Protocol) relay is prohibited. When a complaint is received, Campus Kaizen has the discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list.
Intellectual Property and Privacy 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. Campus Kaizen is required by law to block access to customer services upon receipt of a proper notice of copyright infringement. It is also Campus Kaizen’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials — Using Campus Kaizen’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Campus Kaizen is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Campus Kaizen’s network.
Defamatory or Abusive Language — Using Campus Kaizen’s 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 Unauthorized Access to Other Computers or Networks — Accessing illegally or without authorization 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 (e.g. 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, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use Campus Kaizen’s network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP — Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, including, without limitation, the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Export Control Violations — Exporting encryption software over the Internet or otherwise, to points outside the United States.
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.
Other Activities — Engaging in activities, whether lawful or unlawful, that Campus Kaizen determines to be harmful to its Clients, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities described above rests primarily with the Client. Campus Kaizen will not, as an ordinary practice, monitor the communications of its Clients to ensure that they comply with this AUP or applicable law. When Campus Kaizen becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including, without limitation, removing information, shutting down a web site or database, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate, up to and including terminating the Client’s access to the Services and/or terminating any relevant contract regarding such Services.
Campus Kaizen is also 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, Campus Kaizen urges its subscribers to assume that all of their on-line communications are insecure. Campus Kaizen cannot take any responsibility for the security of information transmitted over the Internet.
Campus Kaizen will not intentionally monitor private electronic mail messages sent or received by its Clients unless required to do so by law, governmental authority, or when public safety is at stake. Campus Kaizen may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Campus Kaizen may disclose information, including, without limitation, information concerning a Client or 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. Campus Kaizen assumes no obligation to inform the Client that Client information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Campus Kaizen may disclose Client information or information transmitted over its network where necessary to protect Campus Kaizen and others from harm, or where such disclosure is necessary to the proper operation of the Services and any other product or service offered by Campus Kaizen.
Campus Kaizen wishes to emphasize that, in signing the Master Hosted Services Agreement, Client agrees to indemnify Campus Kaizen for any violation of such agreement or any law that results in loss to Campus Kaizen or the bringing of any claim against Campus Kaizen by any third-party. This means that if Campus Kaizen is sued because of Client’s activity or that of an agent of Client, Client will pay any damages awarded against Campus Kaizen, plus costs and reasonable attorneys’ fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Campus Kaizen and its Clients, as responsible users of the Internet. Any complaints about a Client’s violation of this AUP should be sent to support@CampusKaizen.com.