Disclaimers

Disclaimers

Cavallo Communications LLC (Cavallo Communications) offers to its customers, for a fee, hosting on servers paid for and maintained by the company. The space created for the customer will may include, but not limited to an FTP site, Mail storage and delivery space, a database, and customer development areas. This “space” is not guarantee of the functionality of any website placed by the customer. Based on the above, the following rules and points apply to any hosted space provided by Cavallo Communications to its current, past, and/or prospective customers. While this does not inhibit development and the allowance of creativity by the customer, any issue that arises due to the following disclaimers will be considered a billable item for time and/or material.

1. While Cavallo Communications conducts its own backups of sites and database, this is the sole responsibility of the customer to back up their data when being placed on any server or space provided by Cavallo Communications. Cavallo Communications sells “back-up” service for an additional fee which may act as additional protection to the customer in the event of a catastrophic failure. This service may also include monthly mailings of CD’s that contain the customer’s data.
2. Cavallo Communications cannot be responsible for any feature functionality problems with respect to internet threats, hacking, misuse of the product or any other anomaly that is out of the company’s control.
3. Cavallo Communications cannot be responsible for future changes in any gateway product, payment system, or back-end processing system that is changed, misused, hacked, or upgraded.
4. Cavallo Communications will notify the customer of any “patches” that are released for their product, with instructions on implementation via our newsletters.
5. Testing sites provided by Cavallo Communications are for functionality testing only, they are not to be used for product entry, out of scope additions by the customer during a project commencement, or final acceptance. Testing sites are not guaranteed to function at full, nor are they guaranteed to be backed up for future use.
6. Proof of licensing may be asked to be furnished at any time for third party software to be hosted (example: CandyPress). If licensing cannot be provided, Cavallo Communications can purchase this license on behalf of the customer, and additional licensing charges may apply.
7. While hosting with Cavallo Communications, the client will remain the owner of the software, and has the right to use, move, sell or modify their software on their own.
8. 30 days notice is required for cancellation of an account. Refunds will be given if appropriate, only with prearrangement between Cavallo Communications and the client.
9. These disclaimers are general disclaimers in place for the protection of both customer and company and are not suitable for all occasions. In the event a disclaimer is not suitable, Cavallo Communications and the customer will agree on a change to the above, and process the change in writing to both parties.

Acceptable Use of the Cavallo Communications Network (Hosting)

Please read this Agreement carefully before accessing or using Cavallo Communications Web Hosting Service. By accessing or using the (“Service”), you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Service. Cavallo Communications may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically on our Knowledge Base under our support system to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.

1. The Cavallo Communications Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
2. Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, disk space, or network resources) will be given an option of either paying additional for the resources needed or a dedicated server / semi-dedicated server (which depends on the resource needed) or reducing the resource used to an acceptable level.
3. A violation of system or network security is prohibited, and may result in criminal and civil liability. Cavallo Communications will investigate incidents involving such violations and may involve and will cooperate with law enforcement will occur if a criminal violation is suspected. 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.
   • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. This includes ping services.
   • 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 IP packet header or any part of the header information in an email or a newsgroup posting.
4. Sending unsolicited mail messages (SPAM), including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site.
5. No Offensive Content: Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts is prohibited.