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Terms and Conditions and Acceptable-Use
Policy
Updated: 2/1/07
Important Note:
DCANet may revise this Acceptable Use Policy from time to time without notice
by posting a new version of this document on the DCANet Web site at: http://www.dca.net
(or any successor URL(s)). All revised copies of the Policy are effective immediately
upon posting. Please be sure to regularly visit our web site and review this
Policy. In the event of a conflict between any subscriber or customer agreement
and this Policy, the terms of this Policy will govern. Questions regarding this
Policy and complaints of violations of it by DCANet customers and users can
be directed to: abuse@dca.net.
General
Any illegal activity involving a DCANet account may result in immediate termination
of the account. DCANet reserves the right to discontinue service or deny access
without warning or prior notice to any subscriber or user who is not in compliance
with DCANet's terms and conditions and acceptable-use policy.
DCANet does not guarantee that its system or network will
meet any specific requirements, or that it will be free of errors and interruptions.
DCANet is not responsible for any indirect, incidental or consequential damages
associated with an outage or sustained during the use of its system or network.
Subscribers will be held responsible for the actions of any
third party agent that acts on behalf of, or for the benefit of, any end user,
and such end users shall be held directly accountable for any violations of
this AUP by third party agents.
Subscribers and users of DCANet services agree to DCANet's
terms and conditions, including any future revisions, by contracting or applying
for or using a service.
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Payment
Subscribers or users agree to pay all charges associated with a service in advance
by check or credit card. Subscribers paying by check will be invoiced, and payment
will be due upon receipt. DCANet reserves the right to disable or discontinue
service due to nonpayment without warning or prior notice.
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Responsible Use of Network
Subscribers or users may not attempt to bypass authentication or security of
any host, network or account on a host. This includes, but is not limited to,
accessing information not intended for the subscriber or user, accessing accounts
not belonging to the subscriber without permission of the account's owner and
using network probes or snooping devices.
Subscribers or users may not attempt to interfere with service
to any user, host or network ("denial-of-service attacks"). This includes,
but is not limited to, "flooding" of networks, deliberate attempts
to overload a service and attempts to "crash" a host.
Subscribers or users who violate systems or network security
may incur criminal or civil liability. DCANet 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.
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Responsible Use of E-Mail
Harassment, whether through language, frequency or size of messages, is prohibited.
New e-mail that remains unread for 6 months may result in the account being
placed in an inactive state.
Subscribers are prohibited from engaging in improper use
or distribution of e-mail. DCANet reserves the right to disable the ability
to send mail for violations on its network without prior notification. Subscribers
are strictly prohibited from engaging in any of the following activities:
Subscribers or users are explicitly prohibited from:
- Sending unsolicited bulk-mail messages ("junk mail"
or "spam"). This includes, but is not limited to, bulk-mailing of
commercial advertising and political tracts. Such material may only be sent
to those who have explicitly requested it.
- Sending unsolicited mass or commercial e-mail ("spamming")
for any purpose whatsoever. If a recipient asks a subscriber or user to stop
sending e-mail, the subscriber or user must stop sending that person e-mail
immediately. DCANet reserves the right to take all legal and technical steps
available to prevent unsolicited bulk e-mail or other unauthorized e-mail
from entering, utilizing or remaining within the DCANet Network. DCANet is
not liable for any errors or omissions in e-mail content or delivery or for
any form of loss or damage (including any consequential, indirect, incidental,
special or exemplary damages, even if known to DCANet) that may result from
use.
- Having third parties send out commercial emails on any
user's behalf. Using DCANet facilities to receive replies from unsolicited
emails (commonly referred to as "drop-box" accounts).
- Configuring any email server in such a way that it will
accept third party emails for forwarding (an "open relay").
- Subscribers or users may not advertise a DCANet-hosted
website or domain in unsolicited bulk-mail messages, even if such messages
are not originated from DCANet's network.
- Malicious e-mail, including but not limited to, Denial
of Service (DOS) attacks, is prohibited. Forging of message header information
is prohibited.
Mass or commercial email may be sent only to recipients who
have expressly requested receipt of such e-mails, by the sending of an email
request to the person performing the mass or commercial mailings. This exchanging
of requests, acknowledgements, and final confirmations (commonly referred to
as a "double opt-in" process) must be adhered to in their entirety
for any mass or commercial email to be considered "solicited."
Users that send mass or commercial e-mail are required to
maintain complete and accurate records of all e-mail subscription requests,
specifically including the email and associated headers sent by every subscriber,
and to immediately provide DCANet with such records upon request of DCANet.
Subscriptions that do not have a specific recipient generated email request
associated with them are invalid, and are strictly prohibited.
In the absence of positive, verifiable proof to the contrary,
DCANet considers complaints by recipients of e-mails to be de-facto proof that
the recipient did not subscribe or otherwise request the e-mail(s) about which
a complaint was generated.
Customers using DCANet email accounts with their own domain
names must have a "drop box" where mail for unknown addresses can
be directed. This "drop box" can be configured to bounce the mail
as unknown user.
Unauthenticated SMTP relay services are available to all
hosts which are assigned DCANet allocated IP addresses. This service is intended
for a reasonable volume of outbound mail delivery. This service is not intended
to be used for delivery of bulk mailing lists, large message distribution or
other nonstandard SMTP services. DCANet may selectively deny or otherwise limit
access to SMTP relay services should the amount of mail from a particular host
impact the performance of the service.
Nothing in this policy is intended to grant any right to
transmit or send e-mail to, or through, the DCANet Network. DCANet's failure
to enforce this policy in every instance in which it might have application
does not amount to a waiver of DCANet's rights.
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Scheduled Maintenance
DCANet conducts routine scheduled maintenance of its Internet Data Centers and
Internet Data Services. In the event a mission critical maintenance situation
arises, DCANet may be required to perform emergency maintenance at any time.
During these scheduled and emergency maintenance periods, services may be unavailable.
Subscribers agree to cooperate with DCANet during scheduled and emergency maintenance
periods.
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Cancellation
Cancellation requests can be made by telephone, fax or e-mail. A cancellation
is effective on the first day of the next month after a cancellation request
has been submitted. If no usage has been recorded, however, a PPP or POP e-mail
account can be cancelled as of the first of the current month at any time during
the first two weeks of the month.
DCANet reserves the right to terminate any account at any
time for violations of applicable laws or for violations of this acceptable
use policy.
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