CPA Secure Acceptable Use Policy

CPA Secure requires that each of its customers accept and agree to CPA Secure’s Terms of Service, a copy of which is available at http://www.CPASecure.com/tos.htm. The Terms of Service constitute a legal agreement between the customer and CPA Secure. In the Terms of Service, each customer agrees, among other things, to be bound by the terms and conditions of this Acceptable Use Policy (AUP).* This AUP also binds all users of and visitors to CPA Secure’s services and Web sites: by the act of using CPA Secure’s services or visiting its Web sites, all such users and visitors agree to be bound by this AUP. (Customers, users, and visitors are referred to herein collectively as “Customers.”)

Please note that this AUP is subject to change, and it is Customer’s responsibility to regularly check for modifications.

CPA Secure requires that all Customers conduct themselves as good citizens of the Internet and at all times behave with respect for others. Each Customer is responsible for preventing violations of this AUP by third parties accessing CPA Secure services through Customer’s computers or accounts, including without limitation hackers and Customer’s own users.

CPA Secure services are designed and intended to be used exclusively by persons or organizations operating in a professional accounting or bookkeeping capacity.  CPA Secure reserves the right to suspend or terminate any account that attempts to utilize CPA Secure services for non-accounting, non-bookkeeping related services.

A. The following activities are expressly prohibited:

1.      Anonymous FTP or any user-authenticated FTP intended to resemble anonymous FTP.

2.      Distribution of software, or any other type of mass distribution of files.

3.      Unauthorized access to any computer or system, including intrusion into or scanning or attempted scanning of other CPA Secure accounts.

4.      Dissemination of deliberately offensive material, including any message or information that is or may be threatening, libelous, obscene, or harassing.

5.      Child pornography or any other activity harmful to minors.

6.      Fraud.

7.      Violations of privacy rights.

8.      Intellectual property infringement, including violations of copyright, trademark, or patent rights.

9.      Use of third party software without a proper license or other appropriate permission, including Microsoft software.

10.  Network attacks or any unfriendly effort to interfere with service on another network or server.

11.  Virus distribution or distribution of any worm or other harmful code.

12.  Illegal activities of any kind.

13.  Hacking or perpetration of any security breach.

14.  The use of HTTP server resources for any activity other than allowing users to load the CPA Secure ActiveX or Java client.

B. Adult Content:

CPA Secure DOES NOT allow hosting of adult content whether legal or illegal under U.S. law.

C. Investigations, disruptions, & security:

CPA Secure reserves the right to disable service or terminate service and/or to remove content in order to investigate suspected violations of this AUP or of the Terms of Service without first giving notice. The cost of any investigation will be charged to the Customer at $99 per hour, in addition to charges for attorneys’ fees and related expenses (if any). CPA Secure furthermore reserves the right to disable Customer’s service if CPA Secure suspects that such service is the target of an attack or in any way interferes with services provided to other customers, even if Customer is not at fault. CPA Secure does not issue refunds for terminating service due to any of the causes specified above.

Customer is responsible for the use of its service, including transfer and bandwidth, even use by unauthorized users or hackers that access CPA Secure services with Customer’s account credentials.  Customer is responsible for maintaining security by using reasonable methods of password assignment, and for maintaining all original data files and backups. (Customer is advised to maintain backups on its own premises and to never maintain the sole copy of any file on CPA Secure servers.)

D. Reporting AUP Violations:

CPA Secure requests that anyone with information about a violation of this AUP, or of CPA Secure’s Terms of Service, report it by sending an e-mail to Support@CPASecure.com.

E. Monitoring & Disclaimers:

CPA Secure has no obligation to monitor its services but may do so and may disclose information regarding use of the services for reasons, including: to satisfy laws, regulations, or governmental, legal, or law-enforcement requests; to operate such service properly; or to protect itself and its customers. CPA Secure may grant law enforcement agencies access to its equipment to monitor use of its services.

CPA SECURE’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CPA SECURE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. CPA SECURE MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE PROVIDED BY CPA SECURE OR ANY OF ITS REPRESENTATIVES WILL CREATE A WARRANTY.

CPA SECURE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF CPA SECURE WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. CPA SECURE’S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO PROVISION OF ITS SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF FEES BILLED TO CUSTOMER DURING THE TWELVE (6) MONTHS PRECEDING THE CLAIM.

CPA SECURE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: (i) OTHER CPA SECURE CUSTOMERS OR THIRD PARTIES ACCESSING CUSTOMER’S DATA OR ASSIGNED COMPUTERS;; (ii) DENIAL OF SERVICE ATTACKS; (iii) CUSTOMER’S RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICE; (iv) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE EQUIPMENT OR SERVICE; (v) THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE; OR (vi) LOSS OF DATA OR LOSS OF ACCESS TO DATA.

CPA Secure’s limitations and exclusions of liability apply equally to CPA Secure’s officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.