DBSi ~ Managed Hosting, Disaster Recovery, Data Center Services

Acceptable Use Policy

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulations, or the accepted norms of the Internet community, where or not expressly mentioned in this Policy, is prohibited. DBSi reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill. DBSi will notify the Client immediately of any violation and the Client will cease the said violations immediately.

Connectivity: DBSi reserves the right to block any and all access to foreign networks or foreign hosts for any period of time if DBSi deems such action necessary or in DBSi’s best interest for any of the following reasons:

• The foreign network/host attempted to breach authentication or security measures of any kind
• The network/host sends spam or unsolicited e-mail to anyone at any time
• The network/host provides connectivity or ancillary services (web hosting, mail drop, autoresponder, etc.) to a span or unsolicited e-mail sender or affiliated organization
• Any other reason which DBSi or DBSi’s administration may see fit

DBSi reserves the right to choose at any time to which networks it connects and at what level. DBSi has no liability, implied or otherwise, to transport packet(s) to any network(s) or host(s) as a result of accepting said packet(s).

E-mail and Usenet news: Using any DBSi account or server to send duplicative, unsolicited e-mail messages, commercial or otherwise (”Spam”) and/or to collect the responses from unsolicited e-mail and/or using a DBSi server or bandwidth to host any page(s), or mailboxes or autoresponders with any information regarding any item, service, or information advertised in a Spam message is prohibited. DBSi reserves the exclusive right to make the determination where a given message is Spam. E-mail is a person-to-person medium, not a broadcast medium. Broadcast e-mail messages are Spam. Any Client sending Spam messages will be charged a processing fee of $100 per individual message sent to clean up servers, relations, and otherwise deal with the aftermath; depending on the severity of the damage, as determined by DBSi, other penalties may apply. Every individual recipient shall be considered a distinct and individual message. All clients hereby consent to this fee by use of any DBSi service or connection.

Similarly, using any DBSi account or server to post advertisements or messages that violate the charter of any newsgroup or mailing list is prohibited. DBSi reserves the right to make the determination whether a given message violates the newsgroup or mailing list charter. In most cases DBSi will defer to the judgment of the newsgroup or mailing list moderator or administrator. Commercial messages that are appropriate under the charter of a newsgroup or mailing list or that are expressing solicited by the recipients are permitted. Conduct in connection with e-mail or usenet news that is an obvious nuisance (such as Spam) or that would be unlawful in other contexts (for example, threats, harassment, or software piracy) is prohibited.

Using programs that interfere with others use, or running an Internet Relay Chat (”IRC”) robot, on any IRC server is prohibited. When logged into any IRC server, users are expected to comply with rules policies established by the server’s administrator. Furthermore, any Client connected to any DBSi connection is prohibited from running an open mail relay.

Forgery of Identity: Falsifying addressing information or otherwise modifying headers to conceal the sender’s or recipient’s identity, for the purpose of circumventing this Policy, is prohibited. This provision is not intended to disallow the use of aliases or anonymous remailers for any legitimate purpose.

Illegal Material: DBSi bears certain legal liabilities for the use of its computer network and equipment. As such, DBSi must require that its clients do not use DBSi’s network for illegal purposes. When presented with a search warrant, DBSi is obligated to release any information named therein, and will cooperate with the authorities in any criminal investigation of inappropriate Internet usage. However, DBSi recognizes that the legal status of the Internet has not yet been resolved satisfactorily, either through legislation or court precedent. Therefore DBSi must make certain decisions regarding the illegality of various specific actions. Among the actions DBSi considers illegal and therefore not allowed on its network include, but are not limited to: unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources. DBSi believes that the First Amendment rights of free speech, freedom of the press, and freedom of association may apply to the Internet to the same degree as they do to print media, and that any attempt to infringe upon those rights may be void of legitimacy.

Unlawful or Unauthorized Usage: DBSi’s network of information services may only be used for lawful purposes. Transmission of any material in violoation of any State or Federal legislation and/or statute or law is prohibited. This includes copyrighted material, material legally determined to be threatening and material protected by trade secret.

Any attempt by the Client to access or modify any computer system information that said Client is not authorized to access, or any attempt to interfere with normal system operations, whether on the equipment of DBSi, or of any computer systems, will result in immediate suspension of Client’s access. Unauthorized activities include but are not limited to guessing or using passwords other than those belonging to the Client; accessing information that does not have public permission; and accessing any systems on which Client is not an authorized user.

DBSi cooperates fully with government entities with proper jurisdication and authorization while investigating unlawful activity on or via our systems or connections. DBSi reserves the right to seek damages for any incidents of unlawful or unauthorized usage of its systems or connections.

Modification: DBSi reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Consequences of Violation: Violation of this Policy by a DBSi Client may result in temporary suspension or permanent termination of Services, at DBSi’s sole discretion. DBSi does not issue service credits for any outages incurred through service disablement resulting from Policy violations.