Acceptable Use

In this document we use the terms "Cre8ive Imagery", "we", "our", "The Agency" and "us" to refer to Cre8ive Imagery and "you" and "your" to refer to the client. Headings in this document do not affect their interpretation. The Agency appreciates doing business with you or your Company. As a provider of web site design, trusted 3rd party web hosting services, domains, content management systems (CMS) and other services and products The Agency must comply with certain laws and regulations.

The Agency advocates ethical business practices and expects all employees, users, clients, partners and others to adhere to such standards outlined in this policy. While The Agency strives to provide users with the freedom to post on their web site any content they desire, The Agency must balance said desire with the community they serve, the public, the laws where The Agency does business and the regulations therein. The Agency reserves the right in its sole discretion to suspend or terminate any site hosted for any reason, including but not limited to, your violation of any laws, the terms and conditions of this Acceptable Use Policy or the terms and conditions contained in the 3rd party Web Hosting Agreement with The Agency.

The Acceptable Use Policy below describes certain actions relating to the content and operation of your web site which The Agency considers to be inappropriate and thus prohibited. The examples identified in this list are provided as examples only for your guidance.

If you are unsure whether any contemplated use or action is permitted, please contact The Agency.

The Agency's right to remove suspend or terminate any site hosted by the Web Hosting Company for inappropriate content under this Policy shall not place an obligation on The Agency to monitor or exert editorial control over any Web site.

Prohibited Activities
Actions which The Agency considers inappropriate and grounds for suspension or termination of your web site include, but are not limited to, the following:
a) Using your web site to sell any goods or services that are unlawful in the location at which the content is posted or received or the goods or services delivered;
b) Using your web site to post any content that is obscene, lewd, lascivious, pornographic, contains nudity or sexual acts, excessively violent, harassing, or otherwise objectionable;
c) Using your web site to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information, or assistance in causing or carrying out such violence;
d) Using your web site to post any content that holds The Agency (including its partners) and employees up to public scorn or ridicule or would in anyway damage or impair The Agency's reputation or goodwill;
e) Using your web site to post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others;
f) Failing to obtain all required permissions when using your web site to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;
g) Deleting or altering author attributes, copyright notices, or other copyright management information, unless expressly permitted in writing by the author or owner;
h) Using your web site in a tortuous manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress;
i) Introducing viruses, worms, Trojan horses, or other harmful code on the Internet; or
j) Any other act or omission that The Agency in their sole discretion determines to be unacceptable, irrespective of whether such act is reasonable.

Technical Prohibitions
• Use our services, your own or others to cause denial of service attacks against The Agency or other network hosts or Internet users or to otherwise degrade or impair the operation of The Agency’s supplied hosting service or the servers and facilities of other network hosts or Internet Users;
• Post messages, images, or any other item that consumes excessive CPU time or storage space;
• Utilize The Agency’s services to offer mail services, mail forwarding capabilities, POP accounts, auto responders or similar goods or services other than for your own account;
• Utilize the Services to resell access to any scripts installed on The Agency’s supplied hosting system;
• Utilize the services to subvert, or assist others in subverting , the security or integrity of any The Agency systems, facilities or equipment;
• Utilize services to gain unauthorized access to the computer networks of The Agency or any other entity or person;
• Utilize the services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
• Utilize the services to:
       i) forge the signature or other identifying mark or code of any other person,
      ii) impersonate or assume the identity of any other person, or
      iii) engage in any other activity, including but not limited to, spoofing, to attempt to deceive or mislead other persons regarding the true identity of the User;
• Utilize the services to conduct port scans or other invasive procedures against any server (except any server for which User is an authorized system administrator;
• Violate any term and condition of any agreement, you, your entity or the entity you represent has with The Agency, including but not limited to the terms and conditions of the The Agency’s trusted 3rd Party Web Site Hosting Agreement, or
• Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

Agency Responsibility.
• The Agency is responsible for their own activity originating from the administrator account unless proven to be a victim of outside hacking or address forgery.
• The Agency is responsible for securing their username/passwords.
• The Agency assumes responsibility for liasing with the 3rd Party Hosting Company to ensure the web site is available at all times. If downtime is unavoidable the Agency will not be liable but will remain in constant contact with the Web Hosting Company to minimise any down time. The client will be made aware of all communications withe the Web Hosting Company and kept up to date with progress.
• The Agency assumes the responsibility of monitoring, maintaining and implementing Web Hosting, Back Up and Content Managements System software/hardware updates as and when necessary.
• All web site content passed to The Agency by the client will be treated as confidential and not made available to any other party.
• Upon client request, supply of Responsibilities and Best Practices (incorporating Acceptable Use Policy) of Web Hosting Company

Client Responsibility.
• The client is responsible for their own activity originating from the account unless proven to be a victim of outside hacking or address forgery.
• The client is responsible for securing their username/password.
• The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of links pages).
• Use of the supplied Content Management System (CMS) requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The client agrees that after training by The Agency he or she has the necessary knowledge to create and maintain their web space.

Back Ups.
If specified and included in the web hosting package, full backups are made weekly. It is the clients' responsibility to maintain local copies of their web content or any other information. If data loss occurs due to negligence of client in securing their account or by an action of the client, The Agency will attempt to recover the data from the most recent archive.

Revisions To Acceptable Use Policy
The Agency may revise in its sole discretion this Acceptable Use Policy, without prior notice. Any such changes shall be communicated to its clients.