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:
- Removal
of the violating content or service
-
Removal of DNS for the site
-
Temporary shutdown of the site
-
-
IP address routing to null.
Repeat violation
of the above terms will result in the following actions.
-
Immediate
disconnection of service with no re-activation.
-
$100
fee assessed to Customer account for violation.
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