Acceptable Use Policy
Intent and
Scope:
The purpose of this Acceptable Use Policy (AUP) is to inform
our customers of our expectations regarding their use of the Internet through
the DMS Network. It is binding on all resellers and end-users of the DMS
Network. This policy should be read in conjunction with the DMS Internet Access
Agreement, and all other published DMS policies.
Notice Any
Violation(s) of This Acceptable Use Policy Will Result In Immediate Suspension
or Termination of Your Account.
Illegal Use of DMS
Network:
DMS neither censors nor precludes any content passing through
its network. However, DMS will not allow any user to use the DMS Network in a
manner that is illegal, or infringes on the rights of others. DMS will
cooperate with legal authorities in the investigation of any suspected criminal
or civil infringements.
The following are examples of unacceptable
use:
Fraud:
Fraud is making a knowing
misrepresentation or misleading statement, writing or activity with the intent
that the person receiving it will act upon it.
Child
Pornography:
[18 U.S.C § 2256] defines child pornography as any
visual depiction, including any photograph, film, video, picture, or computer
or computer-generated image or picture, whether made or produced by electronic,
mechanical, or other means, of sexually explicit conduct, where (A) the
production of such visual depiction involves the use of a minor engaging in
sexually explicit conduct; (B) such visual depiction is, or appears to be, of a
minor engaging in sexually explicit conduct; (C) such visual depiction has been
created, adapted, or modified to appear that an identifiable minor is engaging
in sexually explicit conduct; or (D) such visual depiction is advertised,
promoted, presented, described, or distributed in such a manner that conveys
the impression that the material is or contains a visual depiction of a minor
engaging in sexually explicit conduct.
Such visual depictions are
illegal to possess, produce, receive, transport or distribute by any means,
including computer.
Copyright, Patent, Trademark, Trade Secret, or
Intellectual Property Rights:
The Digital Millennium Copyright Act [17
U.S.C. § 512(c)] sets forth our responsibilities and duties as an ISP. The
act requires us to take down any content on our servers that is properly
alleged to be a copyright infringement, and we can only restore the content
upon receipt of proper counter-notice. To notify us of a suspected infringement
please contact our Infringement Notification Department.
Illegal
Software Exportation:
All users must comply with U.S. export laws
concerning the transmission of technical data and other regulated materials via
the DMS Network (i.e., data encryption software). This list is
representative of prohibited activities and is not all inclusive.
Network Resource Usage:
DMS will not tolerate any conduct that
constitutes invasions of privacy, or otherwise compromises the security of our
users, our Network or its resources. Such acts include, but are not limited
to:
Hacking/Violation of Privacy/Unauthorized Use:
attempting to access the accounts of others;
penetrating or attempting to
penetrate security measures of other computer systems, whether or not the
intrusion results in corruption or loss of data;
actual or attempted
unauthorized entry and/or use of another company’s and/or
individual’s computer system.
This list is representative of
prohibited activities and is not all inclusive of future violations. Any of the
above acts, or similar acts will result in immediate termination of your
service.
Abusive E-mail:
E-mailing in bulk, whether
solicited or unsolicited, is prohibited. Sending unsolicited commercial E-mail
(UCE) to multiple recipients, or any other activities that negatively impacts
our mail system’s performance will not be tolerated. Examples of
prohibited behavior include:
Posting of messages to newsgroups that is
irrelevant or blanket posting/cross-posting of messages to multiple
newsgroups;
Malicious impediments to another person’s use of
electronic mail services or news media (e.g. Mail Bombing);
Forging any
message header, in part or whole, originating or passing through the DMS
Network;
Ponzi Schemes, Chain letters, or Pyramid Schemes;
Network Resource Abuse:
The following are prohibited:
Intentional distributions of software that attempts to and/or causes damage,
harassment, or annoyance to persons, data, and/or computer systems;
Use of
software or any device that would facilitate a continued connection with the
DMS Network, including, but not limited to pinging.
This list is
representative of prohibited activities and is not all inclusive of future
violations. DMS has a zero-tolerance for E-mail and Network resource
violations. Violators’ accounts will be promptly terminated without
notice.
Third Party Liability:
All DMS subscribers and any
third parties using their DMS access account are responsible and accountable
for any activity that violates this Acceptable Use Policy.
This list is
representative of prohibited activities and is not all inclusive of future
violations.
Disclaimer:
DMS does not assume liability for
our subscribers’ violation(s) of this policy. DMS reserves the right to
make changes to this policy without prior notification to subscribers.
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