Catchfire Creative LLC Acceptable Use Policy

This Acceptable Use Policy (this “AUP”) governs the use of the Catchfire Creative LLC (“Catchfire”) hosting service.  Please review this AUP in conjunction with our Privacy Policy and your contract with us. The terms of this AUP are in addition to the terms of our Privacy Policy and contract. Violation of this AUP may result in suspension or termination of your hosting service. In the event of a dispute between you and Catchfire regarding this AUP, Catchfire’s interpretation, in its sole reasonable commercial judgment, shall govern. Catchfire also reserves the right to refuse service within its reasonable commercial judgment.  If you have any questions regarding this AUP, please contact info@catchfirecreative.com.

OFFENSIVE CONTENT

        You may not publish or transmit via Catchfire’s hosting service any content that Catchfire reasonably believes:

  • Is excessively violent, incites violence, threatens violence or contains harassing content or hate speech;
  • Is unfair or deceptive under the consumer protection laws of any jurisdiction;
  • Is defamatory or violates a person’s privacy;
  • Constitutes child pornography;
  • Creates a risk to a person’s health or safety, creates a risk to public health or safety, or endangers or compromises national security;
  • Interferes with an investigation by law enforcement;
  • Improperly exposes trade secrets or confidential or proprietary information of another person;
  • Infringes another person’s trademark, copyright or other intellectual property right;
  • Promotes illegal drugs, violates export control laws, relates to illegal gambling  or illegal arms trafficking;
  • Is otherwise malicious, fraudulent or may result in retaliation against Catchfire by offended viewers; or
  • Is otherwise illegal or induces or solicits conduct that is illegal under applicable law.

        For the purposes of this AUP, content “published or transmitted” via Catchfire’s  service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by or through Catchfire.

UNSOLICITED E-MAIL

        You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using Catchfire’s hosting service.

BULK COMMERCIAL E-MAIL

        You must obtain Catchfire’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Catchfire’s reasonable satisfaction:

  • Your intended recipients have given their affirmative consent to receive e-mail via some demonstrable means, such as an opt-in procedure;
  • Your opt-in procedure for soliciting consent provides reasonable means of ensuring that the person giving consent is the owner of the e-mail address for which the consent is given;
  • You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor Catchfire’s and/or the recipient’s request to produce consent evidence within 72 hours of receipt of the request;
  • The body of the e-mail must: describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites;” and explain how the recipient may obtain evidence of the consent, for example, “If you would like to know how we received your e-mail address please contact us at __________@_______________.com.”
  • You have procedures that allow a recipient to easily revoke their consent, such as a link in the body of the e-mail or instructions to reply with the word “Remove” or “Unsubscribe” in the subject line. Revocations of consent must be effected within 72 hours of the request, and you must notify recipients that their revocation of consent will be effected within 72 hours;
  • You must post an abuse@____.com e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.com, and you must promptly respond to messages sent to that address;
  • You must have a Privacy Policy posted for each domain associated with the mailing;
  • You must have the means to track anonymous complaints;
  • You may not obscure the source of your e-mail in any manner, and your e-mail must include the recipient’s e-mail address in the body of the message or in the “TO” line of the e-mail; and
  • You otherwise comply with the CAN-SPAM Act of 2003, and other applicable laws and regulations.

        These policies apply to messages sent using the CATCHFIRE hosting service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refers the recipient to a site hosted via the CATCHFIRE hosting service. In addition, you may not use a third party e-mail service that does not practice similar procedures for its customers.  CATCHFIRE may test and otherwise monitor your compliance with the foregoing requirements, including requesting opt-in information from a random sample of your list at any time.

SECURITY

        You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

MATERIAL PROTECTED BY COPYRIGHT

        You may not publish, distribute or otherwise copy in any manner any video, music, software, art, photographs, text or other work protected by copyright law unless:

  • You have been expressly authorized by the copyright owner to copy the work in that manner for each instance of publication; or
  • You are otherwise permitted by established United States copyright law to copy the work in that manner.

CATCHFIRE will terminate the service of repeat copyright infringers.

COPYRIGHT INFRINGEMENT NOTICE (DIGITAL MILLENNIUM COPYRIGHT ACT)

If you believe your copyright is being infringed by a person using the Catchfire hosting service, please send written notice of copyright infringement to:

Catchfire Creative 121 Bow Street Suite 6 Portsmouth, NH 03801

Your notice must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works);
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Catchfire to locate the material;
  • Information reasonably sufficient to permit Catchfire to contact you, such as an address, telephone number, and if available, an e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notices: If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content, you may send a counter-notice.  DMCA notices and counter-notices must meet the then statutory requirements imposed by the DMCA (seehttp://copyright.gov for more information).

INTERNET ABUSE

        You may not engage in illegal, abusive or irresponsible behavior, including:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Catchfire and its vendors and customers) without express authorization of the owner of the system or network;
  • Monitoring data or traffic on any network or system without the authorization of the owner of the network or system;
  • Interference with service to any user, host or network, including without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Use of an Internet account or computer without the owner’s authorization, including without limitation, Internet scanning (tricking other people into releasing their passwords), password theft,  or security vulnerability scanning;
  • Forging any part of the header information in an e-mail;
  • Any conduct that is likely to result in retaliation against Catchfire’s network; or
  • Use of Catchfire’s network or service in a way that unreasonably interferes with Catchfire’s other customers’ use of the network or hosting service.

DOMAINS

        You must have valid and current information on file with Catchfire and your domain name registrar for any domain hosted by Catchfire.

DISCLAIMER

Catchfire is under no duty, and does not by this AUP, assume any duty to monitor or police Catchfire’s customers‘ activities, and Catchfire disclaims any responsibility for any misuse of the Catchfire service or network.

INDEMNIFICATION AND GOVERNING LAW

By using the Catchfire hosting service you agree to the terms of this AUP and to indemnify, defend, and hold harmless Catchfire and its employees and agents from any and all losses, demands, expenses, liabilities, claims, attorney’s fees, damages, awards, judgments or actions that may arise from the use of the Catchfire hosting service other than as expressly authorized by the terms of this AUP. This AUP is governed by the laws of the State of Hampshire and the United States of America. You further agree that all services provided by Catchfire shall be deemed to have been requested and provided in Rockingham County, New Hampshire, and that jurisdiction for any and all claims or disputes shall reside there.

REVISIONS

We may change this AUP from time to time. We encourage you to review this AUP whenever you access the service to stay abreast of our current AUP.

Effective Date: January 1, 2016