DezignGuy Internet Services - Hosting, Design, Development, Programming, Email, Domain, CGI, Perl, PHP

Acceptable Use Policy

ACCEPTABLE USE OF SERVICES
You are solely responsible for the use of your purchased service (whether by you or by anyone that you authorize to use your service). DezignGuy is not obligated to monitor or examine the use of your service. You hereby acknowledge that if DezignGuy is made aware of any content or action that is determined to be, in DezignGuy's sole discretion, a violation of our Acceptable Use of Services policy, DezignGuy has the right, but not the obligation, to edit, remove, or deny access to such content or services without notice. DezignGuy may disclose any content or records concerning your account as required to satisfy any law, regulation, or court order.

You agree to conform your use of our services to reasonable standards of conduct generally accepted and applied by Internet users in our community including but not limited to the following:

Illegal Use
All services may be used for lawful purposes only. You agree not to use our service in the course of any criminal activity or in the course of any conduct that constitutes tortious activity, including but not limited to activity that constitutes defamation; fraud; false advertising; or violation of copyright, trademark, service mark, trade dress, or trade secret rights. You agree not to use our service in the course of any conduct intended or designed to harass, threaten, or abuse or that actually harasses, threatens, or abuses any person or entity. Sites that promote any illegal activities including, but not limited to, Warez sites, hacking tools, cracks, pirated software, and MP3s that you do not own the rights to are prohibited. Links to such materials and/or using the service to store such materials are also prohibited. Violators of DezignGuy's Illegal Use policy may be subject to a $100 per hour charge for administration and investigation costs. Harvesting, the collection of email addresses, credit card information, or other personal information for fraudulent use or sale is prohibited. Hosting web pages with forwards to, containing scripts or executables for, or any other component of an operation designed to fraudulently collect authentication, credit card, names, addresses, or any other personal data (“phishing”) is not permitted.
Unsolicited Mass Mailings/SPAM
You agree not to use our service to distribute unsolicited commercial e-mail (sometimes referred to as 'SPAM') or substantially similar, unsolicited e-mail messages, whether commercial or not. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of DezignGuy's services in connection with that e-mail. Violators of DezignGuy's Unsolicited Mass Mailings policy may be subject to a charge of $100 per message for administration and investigation costs. Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Client. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to DezignGuy upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.

Mailing Lists
DezignGuy's mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by Client. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Client for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
Network Security
You agree not to use DezignGuy's services with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for your use, logging into a server or account the you are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Client's Security Obligation
Each Client must use reasonable care in keeping the programs and scripts that they use and/or make available on their site, up-to-date and patched with the latest security updates. Failure to use reasonable care to secure a site and/or scripts running on the site may result in a security compromise of the site or the server itself by outside sources. DezignGuy is not responsible for Client's scripts and programs security unless a maintenance package is contracted for and maintained. A compromised site creating network or server interference will result in immediate Client notification and will be disabled immediately so as to not directly affect other Clients. No service credits will be issued for outages resulting from disabling due directly to breached site security. The Client is solely responsible for any breaches of security affecting sites under Client's control, including repairing the damage caused, terminating the account(s) of the abusive user(s), and reporting occurrence of the issue to abuse@dezignguy.com. If a Customer intentionally creates a security breach, the cost to resolve any damage to the server or other servers will be charged directly to the Customer. The labor used to resolve such damage is categorized as emergency security breach recovery and is currently charged at $100.00 USD per hour.
Adult Content
You agree not to use our service to post or distribute obscene materials or other sexually explicit or violent materials including but no limited to pornography, nudity, sex-related merchandising, and sites that may infer sexual content. Links to such adult content elsewhere is also prohibited.

Fraud Policy
By agreeing to this AUP, Client affirms that the contact and payment information provided to DezignGuy identifies Client and that Client is authorized to use the payment method. Commitment of fraud, obtaining services, or attempting to obtain services by any means or device with intent to avoid payment is prohibited.

Internet Etiquette
Each Client is expected to execute reasonable Internet etiquette (Netiquette), the accepted behavior and expectations of the Internet community. The Client will comply with the rules appropriate to any network to which Company may provide access. The Client should not post, transmit, or permit Internet access to information the Client desires to keep confidential. The Client is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against DezignGuy by offended users. DezignGuy reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

IRC Policy
DezignGuy may allow stand alone IRC servers which are not connected to global IRC networks such as Undernet, EFnet, DALnet and other IRC networks. IRC servers which establish and maintain connections to global IRC networks such as Undernet, EFnet, DALnet and others will be considered to be in violation of the Acceptable Use Policy. DezignGuy does not allow IRC plug-ins, scripts, add-ons, clones or other software that has the intent or effect of disrupting or denying service to other users. Harassing, disrupting or denying service to other users is expressly prohibited, and may result in the immediate suspension or cancellation of Client account(s). If IRC servers attract DoS or DDoS attacks that disrupts or denies service to other Clients, DezignGuy will null-route, ACL or otherwise suspend service to maintain quality of service for other Clients on our network and servers. DezignGuy may allow the limited use of stand-alone IRC “bots”. DezignGuy prohibits the use of “botnets”. Client IRC server may run a “bot”, but Client may not join a “botnet”. The use of IRC BNC’s or other proxy and re-direction software is expressly prohibited. For the purposes of policy enforcement, any malicious activity observed to originate from a Client’s site may result in the immediate suspension of service to the offending Client’s site without prior notice. Harassing, abusive and aggressive IRC activity is prohibited. This includes ‘flooding’ (rapid transmission of information with the intent to harass or deny service), ‘hijacking’ (taking improper or unauthorized control of channel or server operator privileges), sending messages to users who do not want them, attempting to circumvent a channel or server ban, impersonating other IRC users and other abusive IRC behavior as determined by DezignGuy. DezignGuy reserves the right to modify or amend the IRC policy at any time.

Reseller Policy
Resellers are responsible for the conduct of their Clients and by agreeing with this AUP, agree that their Clients will adhere to the AUP. Resellers should make their prospective Clients aware of the AUP and the consequences for violation.

Child Pornography
DezignGuy will cooperate with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Clients are ultimately responsible for their actions, and will also be liable for illegal material posted by their users or third parties which have access to Client's account. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act should be reported to the U.S. Customs Agency at 1-800-BEALERT.

Copyright Infringement
DezignGuy infrastructure including network, leased hardware, servers, and other hardware located in the datacenter facility may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights; including creating, utilizing, distributing unauthorized copies of software, or the types of technologies utilized in the distribution of illegally copied materials. If Client copies, distributes or installs software in defiance of the license agreement, Client is violating federal copyright law. DezignGuy will cooperate with all law enforcement agencies in relation to alleged copyright infringement stored on our servers.
Server and CGI Abuse
You may not abuse the server at any given time. No site may use more than 10% of the total server output at any given time. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without notice. CGI script sharing with other domains is not allowed.
Bulletin Boards
DezignGuy reserves the right to disable any Bulletin Board or other CGI script that might threat the security and/or stability of the server at any time.
Background Running Daemons
Background daemons and/or programs are prohibited on DezignGuy's service. This includes, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, and any other program that interferes with normal server operation.
Other Activities
You agree not to use our service to engage in activities, whether lawful or unlawful, that DezignGuy determines to be harmful to its clients, operations, reputation, goodwill, or customer relations. You also agree not to engage in activity that violates the laws that are applicable to the services provided, including, but not limited to, the laws of the United States, Washington State, Texas State, or Dallas County, Texas.

Suspension and Cancellation
DezignGuy will use reasonable care in notifying the Client and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. DezignGuy reserves the sole right to suspend service to any Client using our servers for violation of the AUP without notice. DezignGuy reserves the right to terminate service without notice for any violations of the AUP. Violations of the AUP will result in the following: A warning notification via email, or telephone with 72 hours notice for resolution. Note: 72 hours is the standard notification; situations involving law enforcement, phishing, fraud, password harvesting, network interference, Denial or Disruption of service, IRC mis-use, or other malicious activity can reduce the notification time frame. Failure to resolve the AUP violation within 72 hours will result in the following: