CENX Acceptable Use Policy
This Acceptable Use Policy (“AUP”) set forth below defines acceptable practices while using any of CENX’s Services (the “Service”). By using the Service, you acknowledge that you and your users (collectively “Users”) have read, understood, and agree to abide by the AUP.
CENX does not monitor on-line content; nevertheless, CENX may suspend Service in order to remove content that CENX deems to be in violation of the AUP. The AUP applies to all on-line activity including, but not necessarily limited to, e-mail, ordering, chatting, and browsing. User shall not use the Service for any unlawful purpose. In the event CENX is notified of or becomes aware of the use of any of the Service for an unlawful purpose, CENX may immediately suspend Service.
User shall not intentionally or knowingly access accounts, servers, websites, data, open mail relays, hardware or software to which User has no legal rights to access. User shall not knowingly or intentionally engage in any kind of fraudulent transaction or conduct over CENX’s platform.
User shall not transmit or disseminate unsolicited commercial e-mail (UCE), including advertisements, informational distributions, and charitable or other solicitations. Nor shall User utilize UCE to promote or benefit any sites or businesses that are not located on the CENX platform. Further User shall access the data on the CENX platform, including data contained in the CENX Market, for any other purpose than for placing an order through CENX, including for the purposes of reverse engineering or compiling the data base. User will not use any automated processes, systems or applications, including without limitation, spiders, robots, web crawlers, data miners or offline readers to: (a) access the website in a manner that sends more requests or transactions to the website in a specified period of time than a human can reasonably generate manually in such period using a traditional web browser; or (b) obtain information or content from the website for any purpose other than ordering services from CENX..
User may not send or attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than User for purposes of deception, or otherwise. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information, including the domain name is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify User’s identity in connection with use of the Service is prohibited.
User shall not engage in civil infringement of and/or criminal offenses relating to copyright, trademarks or any other intellectual property right in any jurisdiction.
User shall not commit any criminal offense (including deliberate transmission of computer viruses) under the Computer Misuse Act 1990 (UK) or any similar legislation in any country.
User shall not knowingly or recklessly transmit, display or post to a publicly accessible service any material which is unlawful or actionably defamatory or an invasion of privacy, breach of an intellectual property right or breach of a right of publicity in any jurisdiction with which any publicly accessible service reasonably appears to have any connection or from which it may reasonably be apprehended that a publicly accessible service is likely to be significantly accessed.
User shall not transmit, transfer, display or post to a publicly accessible service any material in breach of the Data Protection Act 1998 (UK) or similar legislation in any other country or of any material which is confidential or is a trade secret or which affects the national security of the United States, United Kingdom, or any country or which may expose CENX to any retribution or penalty under the laws and/or regulations of the United States or any other country relating to the export of or dealing with military or potentially military resources.
User shall not use the Service or the Internet in any manner, which is a violation or infringement of any rights of any kind or nature of any person, firm or company within the United States and elsewhere.
User shall not permit, directly or indirectly, unauthorized access to the network management equipment of CENX, other CENX customers or any Internet providers.
User shall not forge Internet addresses or other fields in IP packets by the User.
User shall not engage in any activity that potentially could harm CENX’s platform, its customers’ networks or other networks.
User shall be responsible for:
a) Maintaining email addresses (preferably as an email alias) of the forms postmaster@User.domain and abuse@User.domain for receiving complaints of network abuse activities, as suggested by Internet Official Protocol Standard RFC 2142. Typically, these email addresses will forward emails to the real user accounts of the responsible persons for treating the network misuse complaints.
b) The activities of its customer base or end-users and, by accepting service from CENX, agrees to ensure that its customers abide by this AUP. If irresponsible or illegal activity continues, even after CENX tries to communicate with User, then User may be subject to an appropriate action as determined by CENX in order to stop those activities.
c) Complying with any non-disclosure agreement between CENX and User; User agrees that all information presented in the password protected portion of the CENX web site shall be treated as Confidential under any such non-disclosure agreement.
User shall send all complaints related to violations of this AUP, or any other network misuse to info@CENX.com.
User shall pay CENX a fee of $500/hour/person for time spent on activities relating to any of the above prohibited activities, which fee User acknowledges as reasonable compensation for cost and expense incurred by CENX in connection with such activities.
User expressly indemnifies CENX from any and all damages resulting from User’s failure to abide by the terms and conditions of this AUP, and/or for any violations committed by User under this policy.
CENX reserves the right to modify this AUP at any time by publication of the revised policy on the CENX website.
In exchange for gaining access to our web site, you agree that you will use it solely for the purpose of gathering information.
You may print, download and retransmit within your own organization solely for your own use portions of the materials presented on this website. Any other copying, redistribution, publication, retransmission or sale of any portion of the Web site material is strictly prohibited without the express written permission of CENX, Inc. (“CENX”).
TRADEMARKS / SERVICEMARKS
There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, CENX is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of CENX’s or any third party’s intellectual property rights.
Featured logos are service/trademarks and the property of their respective owners.
LINKS TO THIRD PARTY SITES
Any CENX material on this server may include technical inaccuracies or typographical errors. CENX has the right to make changes and updates to any information contained within this server without prior notice.
THE INFORMATION PROVIDED ON THIS SERVER IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY CENX INTERNET SERVICES INC., ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER CENX NOR ITS AFFILIATES WARRANTS THAT THE INFORMATION ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DISCLAIMER OF LIABILITY
THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. CENX AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CENX DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL CENX BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON THIS SERVER OR THE INTERNET GENERALLY.
REGISTRATION AND PASSWORDS
Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, CENX may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof).
If any portion of our Site requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify CENX of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which CENX may otherwise have, CENX reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, CENX may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall CENX be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of CENX under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else’s account at any time, without the permission of the account holder.
The security of your personally identifying information is important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that CENX makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.
Some of the information contained herein is obtained from third-party sources believed by CENX, Inc. (“CENX”) to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, CENX is not responsible for any errors or omissions whether by CENX or third parties. ALL INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CENX MAKES NO REPRESENTATIONS AND DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND TO USER AND/OR ANY THIRD PARTY INCLUDING WARRANTIES AS TO ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR PARTICULAR PURPOSE.
Unless due to reckless misconduct or gross negligence, CENX has no liability in tort, contract, or otherwise (and as permitted by law, product liability), to user and/or any third party.
CENX SHALL UNDER NO CIRCUMSTANCE BE LIABLE TO USER, AND/OR ANY THIRD PARTY FOR ANY LOST PROFITS OR LOST OPPORTUNITY, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF CENX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions which supersede the above. In the event that any exclusion or limitation herein is superseded by the law of any such state or country, this paragraph shall be deemed to be amended to exclude or limit liability to the greatest extent permitted. However, any clause of this Disclaimer declared invalid or superseded by any law shall be deemed severable and not affect the validity or enforceability of the remainder. The terms of the Disclaimer may only be amended in a writing originated by an authorized CENX representative and are governed by the laws of the State of New York.
It is possible that from time to time access to the site will be impaired or interrupted for routine maintenance, to correct unforeseen problems, or for other reasons beyond CENX’s control. CENX CANNOT GUARANTEE THAT SERVICE IMPAIRMENT OR INTERRUPTION WILL NOT OCCUR. ACCORDINGLY, CENX DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS, INCLUDING BUT NOT LIMITED TO ANY CONSEQUENTIAL DAMAGES.
CENX seeks to use security measures consistent with industry standards. You acknowledge, however, that perfect security does not exist.
Access to and use of password protected and/or secure areas of this website is restricted to authorized users only.
CENX.com receives names, e-mail addresses and other personally identifying information only when personally submitted by users. These mechanisms allow users to ask specific questions (or make specific requests) of CENX or offer feedback, comments or suggestions about CENX.com. This information is gathered by CENX with users’ knowing, active permission and participation. The information submitted enables CENX to respond to users’ inquiries and needs, interests and ideas for future website development and marketing communications. CENX respects the privacy of users visiting CENX.com and does not sell any personally identifiable information to any third parties. However, CENX may contact users that provide information. Any comments and suggestions are not confidential and CENX may use them for marketing communications purposes.