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Acceptable Use Policy

  1. Introduction

    This document constitutes the Acceptable Use Policy (the "Policy") of Circa Industries Corp., a Nevada corporation doing business as "Circa 3000" ("Circa 3000") and governs the usage of Circa 3000's products and services (the "Services") by Circa 3000's Customers (the "Customers"). Circa 3000 retains the right to modify this Policy at any time without notice whereby any such changes are effective immediately upon publication of the modified Policy to this URL: http://circa3000.com/policies/aup/. Circa 3000 shall be the sole and final arbiter in interpreting this Policy. By utilizing the Services, Customer agrees to be bound by the terms of the Policy.

  2. Purpose

    The purpose of this Policy is to protect Circa 3000's Services, Customers, Users and the worldwide Internet community from illegal, irresponsible or disruptive activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from Circa 3000 (each such person being a "User"). Each User is expected to employ common sense and good judgement in connection with the Services.

  3. Prohibited Activities

    1. Illegal Activity

      Customers may not use Circa 3000's Services to engage in any illegal activity. Without limitation, users may not engage in:

      1. Illegal drug trafficing;
      2. Pornography or obscenity;
      3. Online gambling, sports betting or lotteries;
      4. Piracy of software, serial numbers or activation codes;
      5. Publication or dissemination of hateful, slanderous, libelious, defamous or physically threatening messages;
      6. Solicitation to perform illegal acts under applicable law;
      7. Misappropriation or infringement of patents, copyrights, trademarks or other intellectual property rights of any third party;
      8. Dissemination of encryption software to destinations outside the United States in violation of applicable export control laws;
      9. Publication or dissemination of information which violates the privacy of an individual.

    2. Disruption

      Users may not use Circa 3000's Services to engage in any disruptive or abusive activity. Without limitation, users may not:

      1. Cause denial of service ("DOS") attacks against Circa 3000 or any other network host or Internet user.
      2. Introduce or distribute any malicious program, including but not limited to a virus, worm or trojan horse, into Circa 3000's network or the network of any other host or Internet user.
      3. Subvert or assist others in subverting the security or integrity of any Circa 3000 systems, facilities or equipment;
      4. Gain unauthorized access to Circa 3000's network or the network of any other person;
      5. Provide passwords or access codes to any person not authorized to receive such information by the operator of the system requiring the password or access code;
      6. Impersonate or assume the identity of any other person
      7. Engage in "spoofing" or any other activity meant to deceive or mislead other persons regarding the true identity of the User (excluding anonymous identities and Internet nicknames).
      8. Conduct port scans or other invasive procedures against any server
      9. Distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicted commercial email or spam.
      10. Use Circa 3000's Services in any manner that might subject Circa 3000 to unfavorable regulatory action, subject Circa 3000 to any liability for any reason, or adversely affect Circa 3000's public image, reputation or goodwill

    3. Messaging

      This Policy defines "Messaging" to include all forms of text-based digital communications, including but not limited to email, instant messaging, discussion forums, bulletin boards, and usenet newsgroups.

      1. Unsolicited Advertisements

        Users may not send unsolicited advertisements to individuals who have not requested the information and are not previous customers of Customer.

        Users may not forge or otherwise misuse mail header information.

        Users may not solicit mail for any address that they do not own or operate.

        Users may not engage in any activities deemed to be unsolicited advertising or harassment of any kind.

      2. Mailing Lists

        Customers must incorporate the following features into their mailing lists.

        1. Disclaimer

          Users must include a disclaimer in the body of each message delivered to a list's members. This disclaimer must include:

          1. Membership Clarification

            Users must be reminded how they opted in to list membership. An example might be, "You are receiving this message because you requested additional product information from XYZ Corp. during an online purchase."

          2. Opt-Out Instructions

            Users must be given concise opt-out instructions. An example might be, "To remove yourself from this mailing list, send a request to UNSUBSCRIBE@XYZ.COM."

        2. Opt-Out Mechanism

          Customers are required to provide a working opt-out mechanism for each list, allowing Users to remove their membership in an efficient, uncomplicated manner.

        3. Membership Validation

          Customers may not add or allow to be added a User to a mailing list without the User's permission. Customers may not supplement list membership with addresses acquired from any address harvester or broker.

      3. Chain Letters, Hoaxes and Pyramid Schemes

        Users may not create, forward or otherwise propogate any chain letter, hoax, pyramid scheme or other message intended to deceive the general public. Customers are expected to practice common sense and to verify claims before redistributing them.

      4. Harassment

        Users may not harass others, either by message language, frequency or volume.

      5. Third-Party Services

        Any message sent through third-party services but otherwise in violation of this Policy must contain no references to any messaging address, domain name or IP address owned, operated or hosted by Circa 3000.

    4. Support

      This Policy defines "Support" to include all forms of communication with Circa 3000, including but not limited to telephony and Messaging.

      1. Scope

        Customers may use Support only for the purposes of discussing applications, equipment or facilities owned and operated by Circa 3000. Users are responsible for their own equipment and software, including, without limitation, web browsers, email clients and web development applications.

      2. Due Diligence

        Customers are expected to expend reasonable effort in isolating the source of a failure to Circa 3000's applications, equipment or facilities prior to contacting Circa 3000 for support.

      3. Chain of Command

        All Support requests must be delivered to Circa 3000 by the appropriate Administrative, Technical or Billing contact, as designated by Customer in Circa 3000's Account Manager. Those contacts must possess sufficient education and skill to perform the responsibilities of the respective roles.

      4. Emergency Hotline

        Circa 3000's 24/7 emergency hotline may be used only to report catastrophic failures of time-sensitive or business-critical Services.

      5. Harassment

        Users of Support may not demonstrate abusive, vulgar, or threatening language in any form. Users may not subject Support to excessive or undue argumentation or explanation.

      6. Over-Consumption

        Users may not consume Support in a manner deemed to be frivolous or excessively disproportionate in scope or volume from the average requirements of other Customers.

  4. Requirements

    Customers are required to fulfill the following obligations:

    1. Contacts

      Customers are required to provide and maintain accurate contact information for at least one of each, Administrative, Technical and Billing contacts.

    2. Domain Names

      Customers are required to provide current and valid information on file with any third-party domain name registrars for any domain name hosted on the Circa 3000 network.

  5. Violations

    1. Disclaimer

      Circa 3000 expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. Circa 3000 bears no liability or responsibility for the actions of any of its Customers or other Users or any message or content any User may publish.

    2. Reporting Violations

      Users may report violations of this Policy to . Reports should contain, at a minimum, the domain name or IP address associated with the offense and a detailed description of the violation, with any supporting information that can be provided.

    3. Remedies

      Circa 3000 reserves the right to take any of the following actions at any time and without notification against any Customer determined to be, in Circa 3000's sole discretion, in violation of this Policy:

      1. Warn the Customer
      2. Suspend Service for the Customer
      3. Terminate Service for the Customer
      4. Impose fees or surcharges on the offending Customer account
      5. Remove the offending content
      6. Notify and/or cooperate with applicable authorities
      7. Take other action in accordance with this Policy or applicable law

  6. Indemnification

    1. Customers shall defend, indemnify, save and hold Circa 3000 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Circa 3000, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns.

    2. Customer agrees to defend, indemnify and hold harmless Circa 3000 against liabilities arising out of, without limitation:

      1. any injury to person or property caused by any products sold or otherwise distributed in connection with Circa 3000's services

      2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party

      3. copyright infringement and any defective products sold to customer from Circa 3000's server

  7. Reservation of Rights

    1. Circa 3000 reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Circa 3000's Services, Customers and other Users. Circa 3000 reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. Circa 3000 may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Customer agrees that Circa 3000 is authorized to monitor its communications through Circa 3000's network for such purposes.

  8. Disclaimer

    1. USE OF CIRCA 3000'S SERVICES AND PRODUCTS IS AT CUSTOMER'S SOLE RISK. NEITHER CIRCA 3000 NOR ITS EMPLOYEES, AGENTS, RESELLERS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT CIRCA 3000'S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF CIRCA 3000'S SERVICES AND PRODUCTS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH CIRCA 3000'S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS POLICY. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY CIRCA 3000 AND ITS EMPLOYEES OR OTHER CAUSES.

    2. THE SOLE CUMULATIVE LIABILITY OF CIRCA 3000 FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO CIRCA 3000 BY THE CUSTOMER.

    3. This Agreement shall be governed in all respects under the laws of the Commonwealth of Nevada applicable to contracts made, accepted and performed wholly in Nevada, without application to principles of conflict of laws, and the Customer and the Company agree that the sole venue and jurisdiction for any disputes arising from this Policy shall be the appropriate federal or state court located in the Commonwealth of Nevada.