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CALTIM Designs
163 Valleyview Road
Mooresville, NC  28117
704-500-1834
Email the Webmaster

 

 Acceptable Use Policy (AUP)

CALTIM Designs and its affiliated accounts do not authorize the use of its proprietary computers and computer networks to accept, transmit, or distribute unsolicited bulk e-mail sent from the internet.  Effective immediately:  CALTIM Designs will no longer accept connections from IP addresses which have no reverse-DNS (PTR record) assigned.

Prohibited Conduct
CALTIM Designs services are only to be used for lawful purposes. Customers may not transmit, retransmit or store material in violation of any federal or state laws or regulations, including, but not limited to, obscenity, indecency, defamation or material infringing trademarks or copyrights. CALTIM Designs customers may not abuse or fraudulently use CALTIM Designs products and services, nor allow nor permit such use by others. The following activities illustrate some, but not all, prohibited uses under this AUP:
 
Child Pornography: It is illegal under Federal child exploitation statutes to possess, produce, receive, transport or distribute by any means, including computer, visual depictions of "sexual intercourse" and/or "sexually explicit conduct" involving children.

Denial of Service: Engaging in any activity that will interfere or attempt to interfere with the service of any other user, host or network on the Internet.

Distribution of Viruses: Intentional distribution of software that attempts to and/or causes damage or annoyance to persons, data, and/or computer systems.

Forging Headers: Forging or misrepresenting any message header, in part or whole, of any electronic transmission, originating or passing through the CALTIM Designs network.

Email Spamming or Mailbombing: The transmitting of unsolicited Email to multiple recipients, sending large amounts of Email repeatedly to a person to harass or threaten, or any attempt to use CALTIM Designs servers as a mail drop or name server for SPAM. Sending unsolicited bulk Email from another Internet service provider's network advertising or implicating any service hosted or provided by Time Warner Telecom, including without limitation Email, web, FTP and DNS services.

Fraudulent Activities: Fraud is an intentional misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it, or, obtaining or attempting to obtain service by any means or device with intent to avoid payment.

Illegal or Unauthorized Access to Other Computers, Accounts, or Networks: Accessing, or attempting to access, any computer resource belonging to another party, or attempting to penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Network Sabotage: Any use of CALTIM Designs products and services to interfere with the use of Internet resources or the CALTIM Designs network by other customers or end-users.

Pyramid Schemes: A fraudulent system of achieving financial gain, which requires an endless stream of recruits for success.

Unlawful Acts: Any use of CALTIM Designs products and services to violate the law or in aid of any unlawful act.

Usenet Spamming: Posting of messages to newsgroups that are irrelevant, blanket posting of messages to multiple newsgroups, and the posting of harassing and/or threatening messages.

Facilitating a Violation of this AUP: Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP which includes, but is not limited to, the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Violations and Enforcement
At CALTIM Design's sole discretion, violations of any element of this AUP may result in a warning to the offender followed by suspension or termination of service if the customer does not cease the violation. If CALTIM Designs deems it necessary or prudent, it may immediately suspend or terminate service with or without notice if CALTIM Designs determines that a violation of the AUP has occurred. CALTIM Designs will enforce this AUP according to the severity of the offense and violator's history of prior AUP infringements. Repeated offenses will result in immediate termination of service. CALTIM Designs is not liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from CALTIM Designs exercising its rights under this AUP. CALTIM Designs has no practical ability to monitor all conduct, communications, or content that might violate this AUP prior to its transmission over the CALTIM Designs network but may do so at its discretion. Therefore, CALTIM Designs does not assume liability for any party's violation of the AUP or failure to terminate a customer's violation.

*CALTIM Designs reserves the right to modify this AUP at any time without prior notification to customers.

To report a Net Abuse, please e-mail: Email the Webmaster

SPAM
Defined: Unsolicited bulk and/or commercial email (UCE).

FOR CALTIM Design customers:  We will not tolerate ANY type of SPAM on this system.  We aggressively block and filter ALL content and attachments.  If you feel that you are missing mail or have not received expected email, chances are very good that something in the Subject Line, Attachment or body of the message triggered the filter and rejection process on our email servers.  If you feel that this is the case then please contact us at 704-500-1834 so we can locate your lost mail and identify the blocked content or attachment.  Also note that we do not allow the sending of .EXE, .PIF, .SCR and other files capable of delivery viruses.  Although we actively scan ALL email and their attachments for viruses we cannot 100% guarantee complete virus free email as new viruses are being developed all the time.

ZERO TOLERANCE SPAM POLICY

LEGAL NOTICE: Anyone who sends unsolicited commercial e-mail to any CALTIM Designs account will be entered into our SPAM Blocking Filters.  There will be a $250 processing fee to have your ISP and/or filtered content removed from the filters. Consider this official  notification.

This is a private computing facility.  SPAM or any kind, including the so-called "opt-in" SPAM or UCE, directed at any of CALTIM Designs websites and/or clients is strictly prohibited.

"Opt-in," is a bogus phrase that SPAMMER's use to  justify their being able to send unsolicited bulk email to anyone. A nice and convenient little loophole that will not be used or tolerated on CALTIM Designs websites or systems.  In addition, the State of NC has STRICT legislations AGAINST any type of SPAM sent to or from NC residents.  See http://www.spamlaws.com/state/nc.html for complete details. 

This law supercedes ANY Federal law on the books.  

Spammers love to quote Federal legislation that "allows" them to send out SPAM.  Well, I will quote NC State Law that makes it illegal!

NORTH CAROLINA GENERAL STATUTES
SECTION 14-458
As amended by Session Laws 1999-212, Senate Bill No. 288
(Approved by Governor June 25, 1999; effective December 1, 1999)

§ 14-458. Computer trespass; penalty

(a) It shall be unlawful for any person to use a computer or computer network without authority and with the intent to do any of the following:

    (1) Temporarily or permanently remove, halt, or otherwise disable any computer data, computer programs, or computer software from a computer or computer network. [ This applies to viruses and dos attacks]

    (2) Cause a computer to malfunction, regardless of how long the malfunction persists.  [ This applies to viruses, mail bombing, ping flooding and dos attacks, to name a few]

    (3) Alter or erase any computer data, computer programs, or computer software.

    (4) Cause physical injury to the property of another.

    (5) Make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network.

    (6) Falsely identify with the intent to deceive or defraud the recipient or forge commercial electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk commercial electronic mail through or into the computer network of an electronic mail service provider or its subscribers.  [This is a COMMON practice.  Spammers will quote Federal laws to protect them and then send the SPAM in this very manner making it VERY illegal. We won't tolerate it.]

    For purposes of this subsection, a person is "without authority" when (i) the person has no right or permission of the owner to use a computer, or the person uses a computer in a manner exceeding the right or permission, or (ii) the person uses a computer or computer network, or the computer services of an electronic mail service provider to transmit unsolicited bulk commercial electronic mail in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider.  [ This means that if I so NO to your SPAM, and you send it anyway, I can sue you and win! ]

    (b) Any person who violates this section shall be guilty of computer trespass, which offense shall be punishable as a Class 3 misdemeanor. If there is damage to the property of another and the damage is valued at less than two thousand five hundred dollars ($2,500) caused by the person's act in violation of this section, the offense shall be punished as a Class 1 misdemeanor. If there is damage to the property of another valued at two thousand five hundred dollars ($2,500) or more caused by the person's act in violation of this section, the offense shall be punished as a Class I felony.

    (c) Any person whose property or person is injured by reason of a violation of this section

NOW MY PERSONAL FAVORITE - SOON TO BE A MONEY MAKER

NORTH CAROLINA GENERAL STATUTES
SECTION 1-539.2A
Added by Session Laws 1999-212, Senate Bill No. 288
(Approved by Governor June 25, 1999; effective December 1, 1999)
As amended by Session Laws 1999-456, House Bill No. 162
(Approved by Governor August 13, 1999; effective December 1, 1999)

§ 1-539.2A.   Damages for computer trespass

    (a) Any person whose property or person is injured by reason of a violation of G.S. 14-458 may sue for and recover any damages sustained and the costs of the suit. Without limiting the general of the term, "damages" shall include loss of profits. If the injury arises from the transmission of unsolicited bulk commercial electronic mail, the injured person, other than an electronic mail service provider, may also recover attorneys' fees and may elect, in lieu of actual damages, to recover the lesser of ten dollars ($10.00) for each and every unsolicited bulk commercial electronic mail message transmitted in violation of this section, or twenty-five thousand dollars ($25,000) per day. The injured person shall not have a cause of action against the electronic mail service provider which merely transmits the unsolicited bulk commercial electronic mail over its computer network. If the injury arises from the transmission of unsolicited bulk commercial electronic mail, an injured electronic mail service provider may also recover attorneys' fees and costs and may elect, in lieu of actual damages, to recover the greater of ten dollars ($10.00) for each and every unsolicited bulk commercial electronic mail message transmitted in violation of this section, or twenty-five thousand dollars ($25,000) per day. 

    (b) A civil action under this section shall be commenced before expiration of the time period prescribed in G.S. 1-54. In actions alleging injury arising from the transmission of unsolicited bulk commercial electronic mail, personal jurisdiction may be exercised pursuant to G.S. 1-75.4(13).


MORE LEGAL TERMS

Accepted Uses and Content Policy
Legal Terms of Use and Privacy Policy 

ACCEPTED USES AND CONTENT POLICY

All of the material on this World-Wide Web site is protected by Copyright.

All text, photographs, scans or computer derivations thereof on this entire site are © 2002 CALTIM Designs and/or it's respective clientele. All rights reserved. Material may be reproduced by any means only with written consent of Mr. Tim Vogel OR the website owner(s).

If the above email link returns an error message, please contact Mr. Tim Vogel. using any of the following methods:

The policies and guidelines expressed herein supplement the rights and obligations of the parties under the Service Agreement for hosting services. This document establishes operating principles and acceptable use policies as they relate to the Customer's use of the Internet and the connection/services provided by CALTIM Designs ("CALTIM") to the Customer under the Service Contract Agreement.

1. SERVICE DESCRIPTION

CALTIM provides a dedicated server computer that is integrated into the Internet. CALTIM provides its server as a gateway from the server of various customers into the Internet, for which CALTIM charges a fee. After an account has been setup and any data has been uploaded to the site, CALTIM retains judgment as to what refund if any is applicable in the event of a cancellation of service.

2. SERVICE USAGE

A. Legal Parameters: This service may be utilized only for lawful purposes, and the usage of the service in connection with or adjunct to any matter or thing which violates any foreign, municipal, state, county or federal statute or regulation is prohibited. Client agrees to indemnify and hold harmless CALTIM from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by client.

B. Unilateral Service Revocation: In the event that CALTIM, at any time, believes that the service is being utilized by the client in contravention of the terms and provisions of this contract, CALTIM may, at its sole discretion, immediately discontinue such service to client, without liability other than for the refund of unearned prepaid service fees.

3. NO WARRANTIES

With respect to the service to be provided hereunder, client acknowledges that CALTIM makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness of this service for a particular purpose. As a result, client agrees that CALTIM shall not be liable to client or any of its customers for any claims or damages which may be suffered by client or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of CALTIM Client hereby agrees to indemnity and hold harmless CALTIM from any and all claims of whatever nature brought by any of client’s customers against CALTIM.

4. USE OF INFORMATION

The utilization of any data or information received by client or its customers from the utilization of the service to be provided by CALTIM is at client and its customer's sole and absolute risk. CALTIM specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

5. DOMAIN NAME

If CALTIM shall acquire an Internet Domain Name on behalf of the client, then in such case the client hereby waives any and all claims which it may have against CALTIM for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by CALTIM for any reason. Any costs of CALTIM in obtaining or maintaining a domain name for client shall be immediately reimbursed to CALTIM upon invoice from CALTIM to client.

6. SERVICE FEES AND INVOICING

Client shall pay the initial fees set forth below, prior to the commencement of service. Thereafter, client shall be invoiced in advance for a minimum three (3) month period, at least fifteen (15) days prior to the expiration of the then current three (3) month period. Payment of the service fee is due prior to the first day of said three (3) month period. In the event that client shall fail to pay for such services in advance of that three (3) month period, then CALTIM shall be entitled to unilaterally terminate this agreement and discontinue the service of client or the applicable account for which payment has not been received. The indemnification and limits of liability provisions of paragraphs 2 and 3 shall survive any such termination. Upon payment of the charges due hereunder, CALTIM may, at its sole discretion, reinstitute service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service disconnection or suspension shall require a $25 re-connect fee. Initial service and set-up fees are as follows:

Additional fees, if applicable, will be billed at the end of each month, with payment due within ten (10) days thereafter: These fees are applicable for additional: disk space, data transfer, POP3/forwarding email accounts or mail list services.

PAYMENT PLANS

Client shall have available the payment plans detailed within this site.

Additional Terms

All support inquiries are to be initiated via email to: Email the Webmaster. CALTIM will make a diligent effort to resolve any problem related to CALTIM's hardware or supporting software. Only after email inquiries have failed, will CALTIM provide support via telephone at (704) 500-1834.

7. CANCELLATIONS

Any cancellation of services must be requested through the CALTIM Online Web Hosting Sales office at 1-704-500-1834.   Please have your user ID and password available in order to process any request for cancellation.   CALTIM Online will respond with a written confirmation via email that the cancellation request has been received and processed.  This procedure is designed to protect our customers against unauthorized cancellation of service. Effective January 1, 2001, CALTIM Online cannot accept cancellations via email.

8. SCOPE OF AUTHORITY

Client has no authority, apparent or otherwise, to contract for, or on behalf of CALTIM , or in any other way legally bind CALTIM in any fashion, nor shall client be authorized to make any representations about CALTIM or its services other than to reiterate to its clients CALTIM's responsibilities as outlined in this agreement.

9. CHANGES IN TERMS OF AGREEMENT

CALTIM reserves the right to make changes to the above terms and conditions of this agreement upon sixty (60) days written notice to client, advising of the change and the effective date thereof. Changes in monthly service fees shall become effective only at the end of any calendar quarter for which client has prepaid for the respective quarter. Utilization of the service by the client and/or its customers following the effective date of such change shall constitute acceptance by client of such change(s) in terms.

10. DISPUTES

A. Venue: Should any dispute arise under the terms of this contract, the parties agree that venue for resolution of said dispute shall be in the County or Circuit Courts in and for Fulton County, Georgia.

B. Attorney's Fees and Expenses: Should any legal action be instituted to enforce the terms and conditions of this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.

11. ENTIRE AGREEMENT AND SEVERABILITY

This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.

General

The Internet is a voluntary association of users interested in and willing to exchange information and data with other Internet users. At present there is no oversight group providing governance over the principles, policies or procedures for use of the Internet or the information and data accessed via the Internet.

In order to facilitate their contractual relationship the Customer and CALTIM wish to define a working protocol of principles and policies and establish operating guidelines and acceptable standards of use of the Internet.

To this end the parties agree as follows:

Principles Governing Acceptable use of the Internet by the Customer

Responsibility and Respect - The Internet is a network intended for use by mature, adult users. The Customer recognizes this principle and undertakes at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet user groups. This general guideline carries with it the following specific responsibilities:

a) Knowledge of the Internet - The Customer agrees to obtain a basic knowledge of the Internet and its operating principles and procedures.

b) Improper Uses - The Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security.

CALTIM Online strictly prohibits Unsolicited Commercial Email (UCE), also known as "spam".  This includes using our network to distribute unsolicited bulk email from your site on our servers or using any outside network to send bulk email advertising your site on CALTIM servers.  CALTIM will terminate any account that receives three complaints of unsolicited email within a one month period, and no refund will be issued for unused service.

c) Compliance with Laws - The Customer will ensure that its use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries.

d) Validation of Information - The Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet.

e) Security - The Customer is required to protect the security of its Internet account and usage. The Customer(s) password will be treated as private and confidential and not disclosed to or shared with any third parties.

f) Discretion and Judgment - The Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.

g) Pornography - Due to legal and social issues, we will not accept any new customers who publish pornographic images. If an existing customer publishes pornographic images, CALTIM may issue a warning and/or suspend your account.

h) Excessive CPU usage - Customers will not be allowed to use excessive amounts of CPU processing on any of our servers or face immediate suspension. For example: 1) a few customers have tried re-selling our counters or auto-responders to the rest of the world which caused an excessive amount of requests on our server(s). 2) email bombs. 3) re-selling CGI access to other 3rd parties.

LEGAL TERMS OF USE AND PRIVACY POLICY
INTERACTIVE MULTIMEDIA CORPORATION

THE FOLLOWING ARE THE LEGAL TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN YOU AND INTERACTIVE MULTIMEDIA CORPORATION ("CALTIM") ("US" or "OUR" or "WE"). BY USING OR BROWSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND THAT YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. WE RESERVE THE RIGHT TO MODIFY THESE TERMS FROM TIME TO TIME SO YOU SHOULD READ THESE TERMS REGULARLY.

Click here for legal terms of site usage:

1. Purpose of this Site

1.1. This site was created by CALTIM for informational and non-commercial purposes only.

1.2. This site contains links and references to other sites and web pages outside the United States that are operated by us or our operating companies ("VIA Sites") as well as to other sites that are not controlled by us.

1.3. Your use of each VIA Site is also subject to the terms of use, if any, contained within that site. If any of these terms, conditions and notices conflict with the terms of use contained within any other VIA Site, then those terms of use shall control the use of that VIA Site.

2. Copyright and Trademark Notice

2.1. All content, including but not limited to trademarks and taglines identifying us or our affiliates, graphics, images, content, button icons, and service names are solely our property, that of our operating companies or others. All content on this site is protected by national and international copyright laws and treaties. Nothing on this site should be construed as granting a license or right to use any trademark displayed on this site, without the written permission of the trademark owner.

2.2. Other than browsing and using the Site for its intended purpose, you may not in any way duplicate, distribute, modify, remove, delete, add to, publish, transmit, or in any way exploit any of the content of this site, in part or in whole, except when expressly authorized in writing by us.

2.3. You may not use our logo for any purpose whatsoever, not even as a link to any VIA Sites, unless the intended use of the logo is approved in advance by us in writing.

2.4. We reserve the right to seek all remedies available at law, in equity or under international copyright laws for violations of these Legal Terms, including the right to block access from a particular Internet address to the site.

3. Linking to our Site

3.1. If you wish to link to this site for commercial purposes, please write to Email the Webmaster for more information.

3.2. You may not deep-link to any page of this site for any purpose whatsoever unless the link is expressly authorized in writing by us.

4. Links to Third Party Sites

4.1. We are not responsible for content or policies available on other sites linked to this site. If you use any links we provide to off-site pages, you do so at your own risk.

4.2. We expressly disclaim all responsibility and liability for any damage, loss, or injuries caused by third-party goods, services including displayed content.

5. Privacy Policy

5.1. It is our policy:

(a) not to use information about you without your permission; although we may use e-mail addresses you provide to us to respond to any communication you make to us;

(b) to provide the means for you to manage and control the information that you have provided to us, and,

(c) to provide mechanisms for you to communicate your privacy concerns to us; and,

(d) to respond to concerns presented to us thoroughly and thoughtfully.

5.2. We may collect IP addresses for purposes of system administration, to collect information and to audit the use of our site. An "IP address" is a set of numbers that is automatically assigned to your computer whenever you log into your Internet service provider or use your company's LAN or WAN.

5.3. We can and will use IP addresses to identify users of our site when we feel it is necessary to enforce compliance with these terms, or to protect our service, site, or other users.

6. Information Transmitted by the Users

6.1. On occasion, we may have "chat" areas and other forums where users may participate. Information and communications posted to these areas and forums, together with any electronic mail or other communications you transmit or post to this site will be treated as non-confidential and non-proprietary.

6.2. If you transmit or post anything to this site, you will be granting an exclusive license to us or our affiliates to use such materials for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.

6.3. We take no responsibility for the content of any information or communications posted to these areas by third parties.

7. Violation of Rules and Regulations

7.1. You are prohibited from posting or transmitting to this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under applicable law or any international treaty.

7.2. We reserve the right to seek all remedies available at law and in equity for violations of these terms, including the right to block access from a particular Internet address to this site.

8. No Warranties

8.1. All information on this site is provided to you on an "as is" and "as available" basis, without warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, non-infringement, or other violations of rights.

8.2. We do not endorse, warrant or make any representations regarding the accuracy, validity or reliability of, or the results of the use of, or otherwise respecting, the materials on this site or any sites linked to this site.

8.3. You expressly understand and agree that any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

8.4. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content available through this site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

8.5. If you access financial or other information on our site in order to make an investment decision or other decision with respect to our company or our products and services, you should seek any additional information, including professional advice, that would be required for you to make a sound, well-informed and reasonable decision.

9. Limitation of Liability

9.1. We will not be liable for any damages of any kind arising from the use or the inability to use this site, including but not limited to direct, indirect, special, incidental or consequential damages, loss of profit, operation time, goodwill, contracts, revenues or anticipated savings arising out of or in relation to the use of this site even if we or one of our representatives has been advised of the possibility of such damages.

9.2. Under no circumstance will we be liable for any loss or damage caused by a user's reliance on information obtained through this site.

10. Severability

10.1. If any provision of these terms is prohibited by law or found to be unlawful, void or otherwise unenforceable, such provision shall, to the extent required by applicable law, be severed from this Agreement. The remaining provisions of this Agreement shall not as far as possible be changed or modified and all other terms and conditions not so severed shall continue in full force and effect.

10.2. Without prejudice to section 11.1 below, we recognize that some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 8 and 9 may not apply to you to their fullest extent, in which case section 10 shall apply.

11. Governing Law and Jurisdiction

11.1. This site is owned and operated in the United States of America. By using or browsing this site, you accept that the laws of United States of America will govern these terms without giving effect to any conflict of laws principles.

11.2. If you choose to use or browse this site or any VIA Site from outside of the United States, please bear in mind that you do so on your own initiative and are responsible for compliance with applicable laws.

11.3. Access to this site and any VIA Site from locations where its use is or its contents are illegal is prohibited.

11.4. You hereby consent to the exclusive jurisdiction of the courts of the State of Georgia regarding any and all disputes involving these terms and use of this site.

12. Revision to these legal terms

12.1. We reserve the right to revise these terms at any time. We shall indicate in the site the date of terms last revision. Such changes will take immediate effect when they are posted on this site.

12.2. By using, browsing or purchasing on this site, you are apprised of and bound by any changes to these terms, and, therefore, you should review this page regularly.

12.3. If any material modification to these terms is not acceptable to you, you should not access or browse the site.

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ADDITIONAL INTERNET ACCEPTABLE USE POLICY 

In utilizing the Service, you hereby agree to adhere to the terms and conditions of the Agreement and this CALTIM Designs Internet Acceptable Use Policy (the "Policy") as it may be modified from time to time by CALTIM Designs. In the event of an inconsistency or conflict between this Policy and the Agreement, the provisions of this Policy shall govern.

1. Generally Prohibited Conduct 
2. Use of Electronic Mail 
3. Use of News groups or Channels 
4. Use of Chat Rooms, Bulletin Boards, Discussion Groups and Similar Interactive Programs 
5. Camping on the System 
6. Criminal or Civil Liability 
7. Other Service Providers’ Acceptable Use Policies 
8. Policy Changes 



1. Generally Prohibited Conduct.
(a) You agree not to use the Service or any equipment or software provided by CALTIM Designs:

(i) for any activity that violates any international, federal, state, agency, or local law or regulation or any person's rights, including, without limitation, by posting or transmitting child pornography or obscene material, engaging in fraudulent activity, exporting software or technical information in violation of U.S. export control laws, by accessing, using, copying, modifying, transmitting, or downloading material in violation of the U.S. Copyright laws.

(ii) to post or transmit any information or material that: infringes any person's copyright, trademark, trade secret, patent or other proprietary rights; is defamatory, libelous, offensive, threatening, abusive, pornographic, sexually explicit, profane, or otherwise is unacceptable or inappropriate in CALTIM Design's sole discretion; constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise would violate the law; or contains a virus or other harmful component; or is false regarding you.

(iii) to achieve or attempt to achieve any unauthorized access to any computer, cable or telecommunications system, network, software, data, information, or any other proprietary material, or to breach or attempt to breach the security of another user, or to distribute or use tools designed to compromise the security of any system or network.

(iv) so as to improperly interfere with, inhibit, degrade or restrict the use and enjoyment of the Service by others or CALTIM Design's ability to deliver the Service to users and to monitor the Service, backbone, network nodes and/or other aspects of network servicing, including, without limitation, by:

(A) sending excessive data transfers;

(B) interrupting or interfering with the equipment, access, servers or Service used by other users;

(C) storing more than 10 Megabytes of e-mail on the server;

(D) disrupting CALTIM Design's backbone network nodes or network services; 

(E) obtaining material that is prohibited by law to be sent or displayed or to obtain, send or display for or to a minor material that is prohibited by law to be obtained, sent or displayed to a minor;

(F) sending unsolicited messages to other individuals or messages to individuals who have expressly requested that you do not send messages to them;

(G) failing to comply with any bandwidth, data storage or other use limitations imposed on your use of the Service; or 

(H) transmitting or disseminating any virus or feature harmful to the operation of any system, equipment, service or software.

(v) to run a server of any type in connection with the Service, nor may you provide network or host services to others via the Service. Prohibited uses include, without limitation, running servers for PPP, FTP, HTTP, DNS, POP, SMTP, NNTP, PROXY, DHCP, IRC, TELNET, TFTP, SNMP and multi-user interactive forums, or remapping of ports for the purpose of operating a server on the network. 

(b) You agree not to:
(i) reveal your or any other user of the Service's password or user name; 

(ii) interfere with, inhibit, degrade or restrict the use and enjoyment of the Service by others or CALTIM Design's ability to deliver the Service to users and to monitor the Service, backbone, network nodes and/or other aspects of network servicing.


2. Use of Electronic Mail. 
(a) You agree not to use the Service or any equipment or software provided by CALTIM Designs:

(i) to send e-mail of a personal, bulk or commercial nature, including, without limitation, bulk mailings of commercial advertising, informational announcements, charity requests, political or religious messages, and petitions for signatures, other than to those who have requested such e-mails; 

(ii) to send e-mail or other messages to someone who has indicated that he/she does not want to receive messages from you;

(iii) to collect or receive responses from unsolicited e-mail messages (even if such e-mail was sent from accounts on other Internet service providers or e-mail services) which violate the Agreement or this Policy or the terms of use under the other Internet service provider or e-mail service from which it was sent; 

(iv) to conduct "mail bombings" (for example, to send more than ten copies of the same or substantially similar message or with the intent of disrupting a server or account to send very large messages or files;

(v) to send or forward chain letters (whether or not the recipient requests it); or

(vi) to harvest other e-mail addresses or personal information of other CALTIM Designs subscribers or the subscribers of any other network.

(vii) to use another site’s mail server to relay mail without the express permission of the site.

(b) You agree not to:
(i) reveal the password or user name of any other user of the Service;

(ii) forge, alter or remove any electronic mail header; or

(iii) reference CALTIM Designs (for example, by including "Organization: CALTIM Designs") in the header or by listing an IP address that belongs to CALTIM Designs in any e-mail, whether or not that e-mail is sent through the Service. 

(iv) Not to use spiders or email address collecting software or "robots" to gather email address from CALTIM Design client sites for deliberate use in bulk emailing programs. 


3. Use of Newsgroups or Channels. When using the Service (and/or any equipment or software provided by CALTIM Designs) and using a Newsgroup or Channel or other public bulletin board (the "Newsgroup"), you agree not to:

(a) post messages that do not comply with or are not permitted by the Newsgroup's terms of use, written charters, FAQ or similar instructions or guidelines ("Newsgroup Guidelines") or otherwise violate the Newsgroup Guidelines;

(b) post or cross post the same or substantially similar messages to more than eight Newsgroups;

(c) forge, alter or remove header information;

(d) circumvent the approval process for posting to a moderated Newsgroup;

(e) "flood", "newsbomb" or disrupt users of Newsgroups, by posting a large number of messages to a Newsgroup with the intent to hinder normal discussion, canceling messages of others (except as an authorized moderator), or sending excessive quantities of data to a Newsgroup;

(f) post binary files to Newsgroups that do not expressly permit them; or

(g) download any Newsgroup in bulk. (CALTIM Designs's Usenet news service included with your account is provided for interactive use by the subscriber using a commonly available NNTP program such as Microsoft Outlook Express. Non-interactive clients must not download Usenet articles in bulk.) 


4. Use of Relay Chat Room, Chat Rooms, Bulletin Boards, Discussion Groups and Similar Interactive Programs. When you participate in chat rooms, bulletin boards, discussion groups or other interactive sections of the Internet ("Chat Rooms"), you agree not to:

(a) participate in Chat Rooms from which you have been banned, or in a manner that violates the applicable acceptable use policy for that server or Chat Room;

(b) flood or scroll such Chat Rooms (sending messages or material in quick succession with the intent to disrupt use of such Chat Rooms by others);

(c) use "bots" or "clones" on computers or other devices when using the Service. (For example, you may not participate in Chat Rooms using an automated program unless you are actually physically present at your computer);

(d) manipulate any Chat Room server to harass or disconnect other Internet users or to gain privileges to which you are not entitled;

(e) send Chat Room messages to recipients who have indicated their desire not to receive such messages; or

(f) forge, alter or hide your identity (other than by using a nickname from which CALTIM Designs may, if necessary, determine your real name).


5. "Camping on the system". When you are not actively using the Service for any duration of at least fifteen minutes or more, you agree to disconnect it so that other active users will not encounter difficulty logging on. CALTIM Designs utilizes detection programs to ensure that our customers are not keeping the connection open for prolonged periods when not in active use. In the event that such detection programs discover an open connection with no activity for thirty minutes, the connection will be automatically shut down. Active use is user-directed utilization of the connection for activities such as web browsing, e-mail, chat and file transfer. You must be physically at your computer to engage in active use. Use of automated programs to keep your connection open without your active involvement is prohibited. In the event of active involvement for twelve continuous hours, your connection will be automatically shut off.  All clients websites are programmed to drop connections after 600 seconds of inactivity.


6. Criminal or civil liability. Violations of this policy may result in criminal and civil liability. CALTIM Designs will investigate incidents involving violations of this policy and will cooperate with law enforcement agencies if a criminal violation is suspected. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on behalf of an CALTIM Designs subscriber or a subscriber's end user, shall be considered violations of this policy by such subscriber or end user. 


7. Other Service Providers’ Acceptable Use Policies. CALTIM Designs, and thus its subscribers, including you, must also comply with the acceptable use policies of other entities providing services to CALTIM Designs, such as UUNET Technologies, Inc., Sprint Communications Company, L.P. and Qwest Communications Corporation, and upon which CALTIM Designs relies in providing these services to you. Therefore, you agree to abide by the acceptable use policies of such other entities, copies of which are available at www.us.uu.net/support/usepolicy/ , http://www.qwest.com/usagepolicy.html  and http://www.sprintbiz.com/internet_solutions/internet_services/policy.html, as such policies may be changed from time to time by such entities, who will post such changes on their sites.


8. Policy Changes. This policy may be changed from time to time by CALTIM Designs in its sole discretion without prior notification by posting such change at http://www.CALTIM.com (the "CALTIM Designs Internet Site"). Use by you after a change to this policy has been so posted by CALTIM Designs shall constitute acceptance by you thereof. If you do not wish to accept such changes, your only remedy is to terminate the services CALTIM Designs is providing to you under this Agreement within thirty (30) days of the date such change is posted.

 
 

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CALTIM DESIGNS
163 VALLEYVIEW ROAD
RACE CITY USA, NC 28117-4105
TEL: 704-500-1834 • FAX: 704-660-3932
Email: Webmaster

NOTICE!!!  BE SURE TO READ OUR ACCEPTABLE USE POLICY WHEN VISITING THIS SITE.
WE HAVE A ZERO TOLERANCE POLICY AGAINST SPAM.

CALTIM Designs and its affiliated accounts do not authorize the use of its proprietary computers and
computer networks to accept, transmit, or distribute unsolicited bulk e-mail sent from the internet.  

Effective immediately:  CALTIM Designs will no longer accept email connections from IP addresses
 which have no reverse-DNS (PTR record) assigned.  ISP's that do not allow RDNS are considered 
SPAM friendly and are in direct violation of our AUP.

ALL CALTIM client email is scanned and filtered for viruses and SPAM. 
 We use the latest Real Time Blacklists, SpamCop, and Spam Filter ISP to filter our mail.

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Submit comments or report problems & broken links to the Webmaster