Acceptable Use Policy


This Acceptable Use Policy (“AUP”) governs your (“Customer”) use of the Service(s) and is incorporated by reference into CMS’s Master Services Agreement (“MSA”). Unless otherwise stated, defined terms in this AUP have the meanings provided in the MSA. CMS may modify this AUP at any time without notice.

1. Website

Access to and use of website at (“Website”) is provided subject to the following terms and conditions. You, the website user (including, without limitation, any individual visiting or exploring the Website) (individually and together, “User”), hereby agree to waive any and all rights or claims against CMS.

1.1 Materials

All materials, including, without limitation, information, text, video, audio, programs, and media files (“Materials”) contained on the Website are protected by copyright laws. User may access and use the Materials for personal and non-commercial purposes only. CMS grants User permission to print, download, copy, distribute Materials for informational and educational purposes only. All copyright and other notices must be retained on Materials. Any modification to the Materials without prior written consent of CMS is prohibited.

2. Responsibility 2.1 Customer Responsibility

Customer is required to use the CMS network responsibly. This includes respecting the other customers of CMS. CMS reserves the right to suspend and/or cancel service with any Customer who uses the CMS network in such a way that adversely affects other CMS customers. While CMS may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, CMS does not monitor its Customers’ communications or activities to determine whether they are in compliance with the AUP. However, when CMS becomes aware of any violation of the AUP or other User Agreement(s), CMS may take any action to stop or correct such violation, including, but not limited to, denying access to CMS’s Service(s) and Equipment or to the Internet.

2.2 Reseller Responsibility

CMS may take action against a Customer who offers CMS Service(s) to their own customer base (“Reseller”) or a customer of such Reseller because of the activities of such customer. CMS anticipates that Resellers will cooperate with CMS in any corrective or preventive action that CMS deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of CMS policy and CMS reserves the right to take any such action even though such action may affect other customers of the CMS Reseller.

3. Unacceptable Usage 3.1 Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (“Spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to CMS’s customers. The term Spamming also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a CMS server, and selling or distributing software (on a Web site residing on a CMS server) that facilitates Spamming. Violators will face immediate suspension. CMS reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

3.2 IRC

Customer may not run any software or services related to IRC, including, but not limited to; IRCD, Bots or Scripts.

3.3 System and Network Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: 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 without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

3.4 Viruses and Other Destructive Activities

Use of CMS’s Service(s) or Equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use CMS’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

3.5 Child Pornography

The use of CMS’s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. CMS is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its Service(s).

3.6 Other Unacceptable Usages

CMS reserves the right to refuse service to anyone. Any material that, in CMS judgment, is obscene, threatening, illegal, or violates our MSA or this AUP in any manner may be removed from our network (or otherwise disabled), with or without notice.

4. Network Resources 4.1 Shared Server

Customer may not (a) exceed thirty-percent (30%) or more of our system resources for longer than ninety (90) seconds at a time. (b) Provide software or multimedia (audio, graphic, video, etc) distribution. (c) Run SQL queries longer than twenty (20) seconds.

4.2 Voice Services

Customer may not use auto dialing equipment or software.

5. Defamation

Customer may not use any CMS Service(s) to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language.

6. Illegal Use

CMS Service(s) may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing CMS Service(s), all CMS customers certify that they and/or the organization they represent in procuring Service(s) from CMS are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.