TERMS AND CONDITIONS

Creekside RV Resort By TAG (the “Resort”) is a RV Resort operated by TAG CREEKSIDE, LLC, a Florida limited liability company (“Creekside”).

Acceptance of a reservation, payment of monies, and/or use of or entrance into the Resort or upon Resort property, indicate acceptance of these terms and conditions in full by all guests and each member of the guest’s party (all of the foregoing, a “Guest” or “Guests”).

All policies are strictly enforced, and it is the responsibility of all Guests to ensure the Guest and all members of the Guest’s party are familiar with these terms and conditions. These Terms and Conditions are applicable to all persons who use the Resort, including without limitation for the purpose of storage of recreational vehicles, boats, trailers, or other items.

1.    Subject to Change by Resort. These Terms and Conditions may be amended from time to time by Creekside without the consent of Guest and in such event, Guest shall remain responsible for compliance with and is obligated by the Terms and Conditions as amended. It is the responsibility of Guest to review these Terms and Conditions as they exist from time to time as made available by Creekside, whether on the Resort website, by request to Resort management, or otherwise.

2.    Use of Resort. The Resort shall be used and occupied by Guests authorized by Creekside only. Guest shall observe and comply with all laws, ordinances, and regulations of public authorities in the use of the Resort.  Guest shall not store or bring any materials or things upon the Resort which are inflammable or of explosive nature or enter into any activity which will increase the hazard of fire or casualty in or on said Resort or shall cause an increase in the insurance rates covering the Resort over those charged by reason of the use thereof of the character stated in these Terms and Conditions. Guest shall not smoke or use illegal drugs in the Resort.  Guest shall be responsible for any and all occupants, guests, invitees, licensees, or other visitors of Guest and shall indemnify and hold Creekside harmless for any damages caused or sustained by said persons, including without limitation injury or death. All minors must always remain with an adult when off their site. This includes while using the amenities as well as the clubhouse. Between the hours of 10 p.m. and 8 a.m. shall be quiet time and Guests shall not cause any noise disturbance.

3.    Permitted Vehicles and RVs. All Class A’s, B’s, C’s, fifth wheels and travel trailers in excellent condition, 10 years or newer, and at least 24 feet or longer are permitted. Recreational vehicles (“RVs”) older than 10 years require a photo submittal and Resort management approval, which Creekside may withhold or withdraw in its sole discretion. Creekside allows two vehicles per site as long as both vehicles fit on the site pad. Only one RV is permitted, per site. Creekside has the right to refuse and cancel any reservation at check in if the RV is not acceptable upon arrival or at any time thereafter. Creekside may cancel any reservation and request removal of the RV by the Guest if condition of the RV does not meet Creekside’s standards and requirements in its sole discretion at any time. In such event, Creekside may have the vehicle removed by a towing company if the Guest does not voluntarily remove the vehicle within the time required, and the Guest shall be solely financially responsible for the cost and expense associated with such removal and storage.

4.    Site selection. Site selection within the Resort is based on availability and is subject to change by Creekside before or during the Guest’s reservation.

5.    Arrivals and Departures. Creekside is a gated community check-in hours depend on office hours published on our website. All customers are required to check in first at the office upon arrival and then be escorted to their site. Departures checking out must do so no later than 11a.m. on the day of departure.  

6.    Pricing and Payment. Rates are based on four Guests per site. There is a maximum of four people per site. All site rates include taxes, city water, sewer and Wi-Fi (subject to availability). The cost of 30 and 50-amp electrical service is included in the rate for reservations of less than one month. If a reservation exceeds one month, Guests are billed separately and in addition for electric usage. Electric meters are read on approximately the 10th of each month, and you will be automatically billed to your credit card on file. Guests who wish to extend their stay will be charged for the relevant applicable daily, weekly, or monthly rate payable in advance in full at the time of making the extension. No refunds or credits are given for early departure. All Guests must have a current credit card on file for payments due to Creekside and all Guests agree the credit card provided to Creekside shall be charged monthly for all amounts due from Guest to Creekside hereunder and otherwise. Guest agrees to keep Guest’s credit card information updated, and to provide Creekside with a new valid account number if Guest’s card on file is deactivated, expired or does not have sufficient credit available to pay any amounts owed to Creekside.

7.    Cancellations or changes to your reservation. Cancellations or changes must be requested in writing by email to office@creeksidervresort.com and are not deemed approved unless Creekside accepts the request in writing, which approval may be withheld in Creekside’s sole discretion.

8.    Deposit Terms: Guests will receive a full deposit refund less a $200 administrative fee if the Guest’s reservation is cancelled at least 60 days prior to scheduled arrival. No refund or credit shall be provided to Guests cancelling 60 days or less before scheduled arrival. For daily and weekly reservations all fees are payable in full at time of reservations. For reservations 1 month to 3 months, a one-month deposit is due at the time of making your reservation and the balance is due upon arrival. For reservations 4 months to 6 months half of the total invoice amount is due at the time of reservation as a deposit, the remaining balance is due upon arrival. All reservations are non-refundable except only as expressly stated otherwise herein and are non-transferrable and non-assignable. Creekside only accepts payments of cash or credit card.  

9.    Storage. Storage of recreational vehicles, boats, trailers, or other vehicles (each a “Vehicle”) is only permitted when expressly authorized by Creekside and is subject to these Terms and Conditions.

10. Hurricane or Emergency. In the event the State of Florida, the County of Charlotte, or the City of Punta Gorda, or any other applicable governmental agency or office, issues a mandatory evacuation or state of emergency that is applicable to the Resort property, all Guests in the Resort are required to leave and remove all Vehicles and personal property from the Resort. All guests are required to have a tow vehicle on site (at the resort) that is functional and has the capability to tow out the guests’ RV and all personal belongings.  If the RV is a motorhome or motor coach, the RV must be kept in running condition and be able to leave the resort within the required time frame and with all personal belongings. In the event Guest is not in the Resort at the time, the Vehicle(s) shall be towed at Guest’s sole expense. During hurricane season (June-Nov) all Guests are required to have their tow vehicle on-site in case of storms shall depart and remove all Vehicles and property immediately upon such an event and in no event later than seventy-two (72) hours prior to the forecasted arrival of any hurricane that is forecasted to potentially affect the Resort. If the Guest and/or the RV owner does not comply with this section, the Guest and/or RV owner authorizes Creekside to remove Owner’s Vehicles and property and releases Creekside from any and all losses or damages related thereto and shall indemnify and hold Creekside harmless from all costs, liability, and damages related thereto.

11. Rules, Regulations and Resort Guidelines. Guest hereby acknowledges receipt and review of most recent and updated Rules, Regulations and Resort Guidelines of Creekside. Guest understands and agrees that the Rules and Regulations are hereby incorporated by reference and a breach of the Rules and Regulations constitutes a material breach of these Terms and Conditions.

12. Maintenance, Repair, and Damage. Guest shall take site “as is where is.”  Guest will keep and maintain the site in good, clean, and sanitary condition and repair during the Guest’s stay at the Resort.  Creekside has no responsibility or obligation under these Terms and Conditions to construct any improvements, alterations or additions to the site or the Resort.  Guest may not construct improvements, alterations, or additions to the Resort or the site.  Creekside shall have no responsibility for damage to any of Guest’s personal property brought upon the Resort under any circumstances.  Creekside shall not be liable for any losses or damage to person or property of the Guest, Guest’s employees, licensees, or invitees, while in or about the Resort, including without limitation ifs occasioned by fire, explosions, theft, collision, acts of God, or any other cause.

13. Guest’s Property. Guest covenants and agrees that all Guest’s property of every kind, nature, and description which may be in or upon the Resort shall be at the sole risk of Guest. Guest hereby releases, indemnifies Creekside and holds it harmless from and against any liability, loss, injury, claims, or suit resulting directly or indirectly therefrom except as may be caused by Creekside’s willful misconduct. Guest shall procure and maintain through the term of the Guest’s reservation, at Guest’s expense, a policy of insurance covering Guest’s property in at a minimum 150% replacement value limits and shall furthermore obtain liability insurance to provide coverage in the event that Guest or Guest’s vehicle or property causes damage to Creekside or Creekside’s property and shall provide written evidence of such insurance to Creekside. Guest shall be liable for any and all damage caused by Guest or Guest’s property or vehicles to the Resort, Creekside, or the real or tangible personal property, fixtures, improvements, landscaping, or furnishings of Creekside or the Resort, whether or not caused by an Act of God. 

14. Waiver of Subrogation. Guest(s) hereby grants to Creekside a waiver of any right to subrogation which any insurer of said Guest(s) may acquire against Creekside by virtue of the payment of any loss under such insurance. Guest(s) agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation; provided that, this provision applies regardless of whether or not the Guest(s) has received a waiver of subrogation endorsement from the insurer.

15. Inspection of and Access to site. Creekside, its agents and employees, shall have the right at all reasonable times to enter the reserved site or any part thereof to inspect and examine same. Creekside, its agents and employees shall have free access to and within the site at all reasonable times of the day for the purpose of examining same and to make any repairs or alterations to or within said site or the Resort that the Creekside may deem necessary for the safety or preservation of the property. 

16. Assignment and Subletting. Guest may not assign the reservation or sublet the site or any part thereof. No persons other than the Guest and approved additional Guests or visitors shall be permitted to enter and remain upon the site and the Resort Property.

17. Default by Guest. If any payments are due and unpaid or if Guest defaults in any of the terms, covenants or conditions herein contained, or if the Resort site is abandoned or vacated, Creekside may at its option terminate the Guest’s reservation and right to remain in the Resort effective immediately.  In addition, in accordance with Florida law, Creekside has the right to remove all occupants, vehicles, and tangible personal property from the site and the Resort and Guest shall be liable for the cost thereof, including either disposal or storage at the sole discretion of Creekside.  Upon occurrence of the foregoing, Guest will be liable to Creekside for all damages incurred by Creekside, and Guest will not be relieved of any obligation to pay for the Guests reservation or other amounts due from Guest to Creekside. Creekside has no duty to mitigate its damages. Creekside also may recover double the fee for the site for the period during which Guest refuses to vacate the site.

18. Transient Stay. It is expressly understood and agreed that Guest’s reservation or stay is not a lease or other long-term residential tenancy agreement, and that the Resort is not intended to be utilized as a primary residence. These Terms and Conditions and the reservation do not create property rights in you and no rights to renewal or for recurring usage. If you hold over after the expiration of your reservation dates, your extended stay, if authorized, will be from day-to-day only and will not constitute a renewal or an extension for any further term. In such case, you will be liable for paying for the additional day(s) at a rate equal to two (2) times the nightly rate set for the property on the dates of your holdover, plus the actual costs of re-accommodating future Guests that were scheduled to use the site during such dates. You may not sublet the site or any part of it and shall not assign any interest (in whole or in part) to your reservation or these Terms and Conditions or any rights hereunder. No Guest shall be permitted to stay or make a reservation for longer than six (6) months at the Resort. Guests hereby agree and represent that Guest(s) are transient occupant(s) and it is the intention of the parties that the occupancy will be temporary in accordance with the meaning under Florida Law. Furthermore, Guest agrees and represents as follows:

a.    Guest does not have an ownership interest, financial interest, or leasehold interest in the Resort entitling him or her to occupancy of the property or the site. These Terms and Conditions and the reservation do not convey any leasehold interest.

b.    Guest shall not create or cause to be created any documentation, correspondence, or identification cards sent or issued by a government agency, including, but not limited to, the Department of Highway Safety and Motor Vehicles or the supervisor of elections, using the Resort address as an address of record at any time.

c.     At all times during the term, each and every Guest maintains a permanent residence elsewhere. Guest agrees and acknowledges that upon a breach of these Terms and Conditions, or the rules and regulations of Creekside governing the Resort, Guest may be required to vacate the Resort upon oral or written notice as followed: “You are hereby notified that this recreational vehicle park no longer desires to entertain you as its Guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this state.”

If such Guest has paid in advance, the park shall, at the time such notice is given, tender to the Guest the unused portion of the advance payment. Any Guest who remains or attempts to remain in such park after being requested to leave commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

If a Guest has accumulated an outstanding account in excess of an amount equivalent to the cost of 3 nights’ reservation at a recreational vehicle park, Creekside may disconnect all utilities of the recreational vehicle and notify the Guest that the action is for the purpose of requiring the Guest to confront Creekside or permittee and arrange for the payment of the Guest’s account. Such arrangement must be in writing, and a copy shall be furnished to the Guest. Upon entering into such agreement, Creekside shall reconnect the utilities of the recreational vehicle.

If any person is illegally on the premises of any recreational vehicle park, Creekside of such park may call upon any law enforcement officer of this state for assistance. It is the duty of such law enforcement officer, upon the request of such operator, to remove from the premises or place under arrest any Guest who, according to the park operator, violated the requirements of this Section or Fla. Stat. § 513.13.

If a warrant has been issued by the proper judicial officer for the arrest of any Guest who violates Fla. Stat. § 513.13, the officer shall serve the warrant, arrest the Guest, and take the Guest into custody. Upon removal or arrest, with or without warrant, the Guest is deemed to have abandoned or given up any right to occupancy of the premises of the recreational vehicle park; and Creekside of the park shall employ all reasonable and proper means to care for any personal property left on the premises by such Guest and shall refund any unused portion of moneys paid by such Guest for the occupancy of such premises. If conditions do not allow for immediate removal of the Guest’s property, he or she may arrange a reasonable time, not to exceed 48 hours, with Creekside to come remove the property, accompanied by a law enforcement officer. In addition to the grounds for ejection established by law, breach of these Terms and Conditions shall constitute grounds for ejection.

19. Service of Notice and Address of the Parties. The Guest irrevocably appoints as his agent any person staying at the Guest’s site in the Resort, to receive service of all notices hereunder including dispossessory or distraint proceedings, and if no person is then located at the Guest’s site, then such notice may be given and services may be made by affixing a copy thereof on the recreational vehicle located on the site.  A copy of all such notices given by or on behalf of the Creekside pursuant to the provisions contained in these Terms and Conditions may also be mailed to the Guest’s last known address as given, in writing, to the Creekside. The notices required or permitted to be given pursuant to the terms of these Terms and Conditions, shall be deemed to be duly given if deposited in the United States mail, postage prepaid, by registered or certified mail, addressed to the parties at the places above named, or such other places as they may hereafter designate in writing for the delivery of such notices. Guest also agrees to accept service electronically at the email address provided to Creekside for Guest, effective upon delivery and equivalent to personal delivery. Nothing herein shall be construed to require Creekside to provide Guest notice unless otherwise required by law.

20. Non-Liability and Indemnity. These Terms and Conditions are made upon the express condition that the Creekside, and any and all members, managers, owners, shareholders, employees, agents, representatives, officers, and directors of Creekside (all of the foregoing collectively, the “Creekside Parties” or each a “Creekside Party”) shall be free from all liability and claims, losses, damages, demands, suits, injuries, charges, expenses causes of action and judgments (including without limitation attorney’s fees) (“Claims”) for or by reason of any injury or death to any person or property in any kind whatsoever, from any cause or causes whatsoever, related to or arising from the Resort or the Resort property or Guest’s use of the Resort, including without limitation resulting from any act or omission of Guest or the Resort of their respective agents, representatives, employees, Guests, invitees, licensees, or of third persons on the Resort as a result of the respective party.

Guest hereby covenants and agrees to indemnify and save harmless the Creekside Parties from all and all such Claims. In the event the Guest does not assume and conduct the defense of Creekside Parties pursuant hereto within 10 days written notice, the Creekside Parties may (but are not obligated to) defend against, and consent to the entry of any judgment or enter into any settlement with respect to, any Claim in any manner it reasonably may deem appropriate (and need not consult with or obtain any consent from Guest). In such event, Guest shall reimburse the Creekside Party promptly upon demand for such Claim, or periodically for the costs of defending against the Claim (including reasonable attorneys’ fees and expenses at any trial or administrative level and on appeal). Guest will remain responsible for any loss the Creekside Party may suffer resulting from, arising out of, relating to, in the nature of, or caused by the Claim to the fullest extent. This indemnity shall survive the expiration or earlier termination of this Lease. 

Creekside shall not be obligated to provide security services for the Resort and Creekside shall not be liable for any loss or damage suffered by Guest as a result of failure to supply security or utility services or for any loss attributable to such services if they are supplied, no matter how caused.

This Non-Liability and Indemnity section shall include, but is not limited to, events, acts, omissions, or circumstances arising out of or related to pets or wildlife on or around the Resort and any water hazards located on or near the Resort.

21. Waiver of Rights. No failure of either party to exercise from time to time any right or privilege granted to such party hereunder, or to insist upon strict and faithful compliance by the other party with all of the obligations hereunder required, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of either party’s right to demand strict compliance with the terms hereof.  No waiver by either party of any breach of any covenant of the other party herein contained shall be construed as a waiver of any subsequent breach of the same or any other covenant herein contained.

22. Governing Law and Venue. These Terms and Conditions are to be construed in accordance with the laws of the State of Florida. Jurisdiction and venue for any action related to or arising from these Terms and Conditions or Guest’s use of the Resort shall be in the courts in and for Charlotte County, Florida.

23. Waiver of Jury Trial. The parties to these Terms and Conditions hereby waive any right to a jury trial in any action arising out of or related to these Terms and Conditions.

24. Non-Disparagement. In consideration for the opportunity to enter the premises of the Resort granted hereunder and under the Guest’s reservation, Guest hereby agrees to refrain from making disparaging or derogatory statements, whether verbal or written, regarding Creekside to any third party, including without limitation to customers, potential customers, and the general public, whether on social media websites, blogs, consumer review websites, or otherwise. Guest agrees not to encourage, promote, support or endorse any third party, including but not limited to friends, relatives, or employees, to take any such action or make any such statements.

25. Agreement. If any part of the Agreement is construed as unenforceable, the remaining parts of the Agreement will continue in full force and effect as though any unenforceable part or parts were not contained in the Agreement.

26. Attorney’s Fees and Costs. In the event of litigation arising out of or related to these Terms and Conditions or use of the Resort by Guest, the prevailing party shall be entitled to recover his or her reasonable attorney’s fees and costs, including without limitation for enforcement hereof, at trial, for proceedings necessary to determine and recover attorney’s fees, and upon all appeals.

27. Surrender of Resort. Guest shall, at the termination of these Terms and Conditions, vacate the site utilized and leave the site in as good a condition as it was at the time of entry thereon by Guest, and upon vacating shall leave the site clean and free of all rubbish and debris.  Upon vacating, Guest shall be responsible for any and all costs incurred by Creekside in bringing the site into as good a condition as it was at the time of entry thereon by Guest, with the exception of reasonable wear and tear thereof. Upon surrender or abandonment by the Guest, Creekside is not required to comply with Florida Statute §715.104 and is not liable or responsible for storage or disposition of the Guest’s personal property.

28. Water Hazards and Wildlife. Guest hereby acknowledges and agrees that the Resort has water hazards on and/or around the Resort, including without limitation a lake or other body of water (collectively, “Water Hazards”). Creekside shall not be liable to Guest or any party for any claims arising from the Water Hazards. Guest will use the Resort at the Guest’s own risk. Guest acknowledges and agrees that any adult(s) who are not skilled swimmers and ANY MINOR(S) shall not get near said Water Hazards and no swimming is permitted by any persons. Furthermore, no person(s) shall be near said Water Hazards when under the influence of alcohol or intoxicating drugs. The Creekside will not be held responsible for the injuries sustained by the Guest and/or the Guest’ occupants, invitees, licenses, or Guests as a result of the Water Hazards, and the Guest will indemnify and hold harmless Creekside for any actions, claims, causes, suits, or liabilities for the same, including without limitation injury or death, including without limitation all reasonable attorney’s fees and costs. Guest understands and acknowledges that alligators and various wildlife are naturally occurring near and in areas such as the Water Hazards and the exterior of the Resort. Therefore, Guest agrees that no pets of any kind or persons under the age of 18 are permitted to be near the Water Hazards without the supervision of a responsible adult at any time and Guest assume all risk associated with the Water Hazards and any wildlife on or about the Resort. ALL MINORS SHALL BE UNDER CONSTANT AND CLOSE SUPERVISION AT ALL TIMES WHEN OUTSIDE ON THE RESORT AND SHALL NOT BE UNSUPERVISED UNDER ANY CIRCUMSTANCES. DEATH OR INJURY MAY RESULT FROM THE WATER HAZARDS OR WILDLIFE. Guest shall advise any persons on the Resort property as a result of Guest of such matters and assumption of risk.

29.   Limitation of Liability. Creekside shall not be liable to Guest or any third party for any indirect, punitive, incidental or consequential loss, liability, damage, costs, claims or expenses, arising out of or related to Guest’s reservation and stay with the Resort or entrance upon or use of the Resort premises by any party, without limitation, any claims for lost income or profits.  The aggregate liability of Creekside arising out of or related thereto shall not in any event and under any circumstances exceed the total amount paid to Creekside by Guest. Creekside shall not be liable to Guest in contract or tort for any representations or warranties other than those expressed herein.

30.   Covenants, Conditions, and Stipulations. Covenants, conditions and stipulations contained in these Terms and Conditions shall bind and inure to the benefit of the Creekside and the Guest and their respective successors in interest, assigns, heirs, executors, and legal representatives. “Creekside” and “Guest” as used herein include male and female, singular and plural, corporation, partnership, limited liability company, individual or entity, in any place or places herein in which the context may require or permit such substitution, substitutions, or designations. Any provision hereof held invalid or unenforceable shall be deemed severable or modified to the least extent necessary to be enforceable and construed to the maximum extent possible to affect the intent of these Terms and Conditions.

31.   Social Media Release Form. All guests and each member of the guest’s party (all of the foregoing, a “Guest” or “Guests”) upon Creekside RV Resort By TAG (the “Resort”), the RV resort operated by TAG CREEKSIDE, LLC, a Florida limited liability company (“Creekside”) do hereby grant and convey unto  Creekside all rights, title, and interest in any and all photographic images or video or audio recordings which contain the image, likeness, or voice of Guest made by or on behalf of Creekside on or about the Resort, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings. Such may be published, printed, displayed or otherwise publicly used by Releasee, for the purposes of trade or for any commercial or advertising purposes in whatever media it desires, including but not limited to print, radio, television, social media, or the Internet, without compensation.  

Guest(s) hereby give(s) consent and permission to Creekside to record the appearance, physical likeness and/or voice on videotape, on film, or digital video disk, or other means, and/or take photographs of the appearance of Guest(s). Notwithstanding any prohibition as may be contained in Section 540.08, Florida Statutes, Guest(s)  hereby freely and voluntarily consent to the use and publication of Guest’s/Guests’ name, participation, picture, and/or likeness by Creekside and/or its employees and/or agents, as well as the entity seeking this consent, and photographs, video and/or audio for any and all purposes including, but not limited to, educational, promotional, advertising, and trade, through any medium or format, including, but not limited to, film, photograph, television, radio, digital, internet, or exhibition, at any time from this date forward until Guest(s)  revoke this consent in writing. Guest(s) acknowledge that Creekside is the sole owner of all rights in, and to, this visual and/or sound production and/or photograph(s) and the recordings, thereof, and that it has the right to use or reproduce the resulting images and/or sound as often as it finds necessary. Guest(s) acknowledge that the photographs, video and/or audio may be used indefinitely by television, radio, newspapers, magazines, newsletters, brochures, Internet, intranet, or in other media once released. Creekside has the right, among other things, to edit and/or otherwise alter the visual or sound recording, or photographs, as needed. Guest(s) understand Guest(s) will receive no compensation for the appearance of the above-named person or for participation in said productions.

Guest(s) have read this Consent before signing and fully understand the contents, meaning, and impact of this consent. Guest(s) understand that Guest(s) am/are free to address any specific questions and have done so prior to signing this Consent.

DATA USAGE AND ACCEPTABLE USE POLICY

Creekside RV Resort Date Usage Agreement RV Resort and Acceptable Use Policy. CREEKSIDE is at all times committed to complying with the laws and regulations governing use of the Internet, e-mail transmission and text messaging and preserving for all of its customers the ability to use CREEKSIDE’s network and the Internet without interference or harassment from other users. The CREEKSIDE Acceptable Use Policy (“AUP”) is designed to help achieve these goals.

By using IP Service(s), as defined below, Customer(s) agrees to comply with this Acceptable Use Policy and to remain responsible for its users. CREEKSIDE reserves the right to change or modify the terms of the AUP at any time, effective when posted on CREEKSIDE’s web site www. creeksidervresort.com. Customer’s use of the IP Service(s) after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.

Scope of the AUP

The AUP applies to the CREEKSIDE services that provide (or include) access to the Internet, including hosting services (software applications and hardware), or are provided over the Internet or wireless data networks (collectively “IP Services”).

Prohibited Activities

General Prohibitions:

CREEKSIDE prohibits use of the IP Services in any way that is unlawful, harmful to or interferes with use of CREEKSIDE’s network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy. Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services that are accessed via a link from the CREEKSIDE-branded website or from a website that contains CREEKSIDE-branded content is a violation of this AUP.

Unlawful Activities: IP Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule. Violation of Intellectual Property Rights:

IP Service(s) shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of CREEKSIDE or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

Threatening Material or Content:

IP Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those IP Services that utilize CREEKSIDE provided web hosting, CREEKSIDE reserves the right to decline to provide such services if the content is determined by CREEKSIDE to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others. Inappropriate Interaction with Minors: CREEKSIDE complies with all applicable laws pertaining to the protection of minors, including when appropriate, reporting cases of child exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org.

Child Pornography:

IP Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to CREEKSIDE at the following e-mail address: office@creeksidervresort.com. CREEKSIDE will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.

Spam/E-mail/Usenet Abuse

Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP. Spam/E-mail or Usenet abuse is prohibited using IP Services. Examples of Spam/E-mail or Usenet abuse include but are not limited to the following activities: sending multiple unsolicited electronic mail messages or “mail-bombing” – to one or more recipient; sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services; sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials; sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender; sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the CREEKSIDE network or of the networks with which CREEKSIDE interconnects, by virtue of quantity, size or otherwise; using another site’s mail server to relay mail without the express permission of that site; using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP; using IP addresses that the Customer does not have a right to use; collecting the responses from unsolicited electronic messages; maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages; sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party’s quiet enjoyment of the IP Services or the Internet (e.g., through language, frequency, size or otherwise); using distribution lists containing addresses that include those who have opted out; sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header; falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin; using redirect links in unsolicited commercial e-mail to advertise a website or service; posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints; intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties; knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends; using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.

Security Violations

Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates. IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of CREEKSIDE’s (or another party’s) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to: unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses; hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network; impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.); using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication; distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations); knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another’s computer, network system or other property, or be used to engage in modem or system hi-jacking; engaging in the transmission of pirated software; with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow Customer’s account to stay logged on while Customer is not actively using the IP Services or using such account for the purpose of operating a server of any type; using manual or automated means to avoid any use limitations placed on the IP Services; providing guidance, information or assistance with respect to causing damage or security breach to CREEKSIDE’s network or systems, or to the network of any other IP Service provider; failure to take reasonable security precautions to help prevent violation(s) of this AUP.

Customer Responsibilities

Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the IP Services. CREEKSIDE has no responsibility for any material created on the CREEKSIDE’s network or accessible using IP Services, including content provided on third-party websites linked to the CREEKSIDE network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by CREEKSIDE of the content(s) of such sites. Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations. AUP Enforcement and Notice

Customer’s failure to observe the guidelines set forth in this AUP may result in CREEKSIDE taking actions anywhere from a warning to a suspension or termination of Customer’s IP Services. When feasible, CREEKSIDE may provide Customer with a notice of an AUP violation via e-mail or otherwise allowing the Customer to promptly correct such violation.

CREEKSIDE reserves the right, however, to act immediately and without notice to suspend or terminate affected IP Services in response to a court order or government notice that certain conduct must be stopped, or when CREEKSIDE reasonably determines that the Customer’s use of the affected IP Services may: (1) expose CREEKSIDE to sanctions, prosecution, civil action or any other liability; (2) cause harm to or interfere with the integrity or normal operations of CREEKSIDE’s network or networks with which CREEKSIDE is interconnected; (3) interfere with another CREEKSIDE Customer’s use of IP Services or the Internet; (4) violate any applicable law, rule or regulation; or (5) otherwise present an imminent risk of harm to CREEKSIDE or CREEKSIDE Customers.

Copyright Infringement & Digital Millennium Copyright Act

CREEKSIDE respects the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA” found at 17 U.S.C. § 512) provides that owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may report alleged infringements to service providers like CREEKSIDE. In accordance with the DMCA and other applicable laws, CREEKSIDE maintains a policy that provides for the termination of IP Services, under appropriate circumstances, if Customers are found to be a repeat infringer and/or if Customers’ IP Services are used repeatedly for infringement (the “Repeat Infringer Policy”). CREEKSIDE may terminate IP Services at any time with or without notice to Customers. CREEKSIDE has no obligation to investigate possible copyright infringements with respect to materials transmitted by Customer or any other users of the IP Services. However, CREEKSIDE will process valid notifications of claimed infringement under the DMCA, and continued receipt of infringement notifications for Customer’s account will be used as a factor in determining whether Customer is a repeat infringer. In addition, CREEKSIDE may voluntarily participate, on terms acceptable to CREEKSIDE, in copyright alert and graduated response programs.

           Incident Reporting

Any complaints (other than claims of copyright infringement) regarding violation of this AUP by a CREEKSIDE Customer (or its user) should be directed to office@creeksidervresort.com. Where possible, include details that would assist CREEKSIDE in investigating and resolving such complaints (e.g., expanded headers, IP address(s), a copy of the offending transmission, and any log files).

Contact Information:

Any notification that CREEKSIDE sends to its customers pursuant to this AUP will be sent via e-mail to the e-mail address on file with CREEKSIDE or may be in writing to Customer’s address of record. It is Customer’s responsibility to promptly notify CREEKSIDE of any change of contact information.

Effective Date: January 15, 2019