DP Communications (the Service Provider) has established this Acceptable Use Policy (AUP) to advise the users of its network and services of the acceptable and prohibited uses of its network and services. The Service Provider's network and services must be used only for lawful purposes and for purposes consistent with this AUP, which is a non-exclusive list of the actions prohibited by the Service Provider.|
1. Users are prohibited from violating any system or network security measure, including, but not limited to engaging in:
Unauthorized access or use of the Service Provider's or a third party's network, data, or information; including any attempt to probe, scan or test the vulnerability of a system or network, or to breach security measures without express authorization of the owner of the secured network;
Unauthorized monitoring of the Service Provider's or third party's data, systems or network traffic;
Forging of any header or any part of the header information in any e-mail or newsgroup posting, or taking any action in order to obtain services to which such user is not otherwise entitled.
2. Users are prohibited from interfering with a third party's use of the Service Provider's network or service, including without limitation, mail bombing, flooding and deliberate attempts to overload a system.
3. Users are prohibited from sending unsolicited e-mail messages ("spamming"), including, but not limited to:
Posting the same, or similar, messages to one or more Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists;
Posting any Usenet or other newsgroup, forum, e-mail mailing list or other similar group, or list articles which are off-topic or otherwise violate the rules of the charter or other owner-published FAQ or description of the group or list;
Sending unsolicited e-mail, including commercial advertisements and informational announcements to Internet users, or any unsolicited e-mail that could reasonably be expected to provoke complaints;
Using e-mail to engage in harassment, whether through language, frequency or messages. Continuing to send someone e-mail after being asked to stop is considered harassment;
Sending e-mail with falsified or obscured header or information designed to hinder the identification of the location of what is advertised;
Collecting replies to either (i) unsolicited e-mail messages or (ii) messages that were either sent through another provider which violate these rules or those of the other provider.
4. Users who send bulk e-mail to "opt-in" list must have a method of confirming or verifying subscriptions and be able to show evidence of subscriptions for users who complain about unsolicited e-mail. The Service Provider's receipt of complaints from Internet users related to e-mails received due to users use of "opt in" list shall be a violation of this AUP.
5. Users are prohibited from creating, storing or disseminating any material (i) in violation of applicable law or regulation, (ii) protected by trademark, trade secret, copyright or other intellectual property rights without proper authorization, (iii) that is libelous, slanderous, defamatory, abusive, an invasion of privacy or otherwise illegal, (iv) containing fraudulent offers for goods or services or any promotional materials containing false, deceptive or misleading statements, claims or representations.
6. Users are prohibited from falsifying user information provided to the Service Provider or to other users in connection with use of a Company service.
7. Users are prohibited from engaging in any of the foregoing activities: (i) by using the service of another provider, but channeling such activities through a Company account, remailer, or otherwise through a Company service, (ii) using a Company account as a mail drop for responses, (iii) otherwise using the services of another provider for the purpose of facilitating the forgoing activities if such use of another party's service could reasonably be expected to adversely affect a Company service.
8. The Service Provider considers the above practices to constitute abuse of its service. Engaging in one or more of these practices may result in immediate termination of a user's access to the Service Provider's services. A violation of this AUP by someone having only indirect access to the Service Provider network through a customer, or other user, will be considered a violation by the customer, or other user, whether or not with the knowledge or consent of the customer or other user. The Service Provider receives complaints directly from Internet users, through Internet organizations and through other parties.
9. The Service Provider shall not be required to determine the validity of complaints received before taking action under this AUP. The Service Provider reserves the right in its sole discretion to determine whether duplicative or mass e-mail messages are "unsolicited." A complaint from the recipient, whether received directly or through an anti-spamming organization, shall be presumed to be evidence that the message was unsolicited. The Service Provider has no obligation to forward the complaint to the user or to identify the complaining parties.
10. The user is responsible for the use of all services utilized via its connection to the Service Provider network, including any support services provided via its connection to the Service Provider network. Support services include hosting Web sites, electronic mailboxes, telephony gateways, IRC servers, advertising, transmitting, or otherwise making available any software, program, product or service. Providing support services that enable violation of this AUP or the AUP of any other Internet services provider is a violation of this AUP. Conduct that directly or indirectly encourages, permits or relies on activities in violation of this AUP, is also a violation of the AUP. Examples include failure to implement technical or administrative measures to prevent mass unsolicited e-mail, or providing spamming support services such as e-mail drop boxes, sales of Spam ware, list washing, and the hosting of "spam-vertised" Web sites.
11. Nothing contained in this policy shall be construed to limit the Service Provider's actions or remedies in any way with respect to any of the foregoing activities, and the Service Provider reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Service Provider service, and levying cancellation charges to cover the Service Provider's costs. The Service Provider will investigate violations of policy and will cooperate with law enforcement officials for suspected criminal violations. In addition, the Service Provider reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
12. News or similar servers, PTP file sharing servers, video servers, etc. are not allowed on the Network. This is a shared network meant to operate for the benefit of the majority of the users and provide service into areas that were formerly unserved. It is designed and priced for the attended operation of the customers. Please do not abuse the system. Those that do abuse the system are subject to immediate termination of service. This includes viruses, worms, scans and attempted hacking of the network.
13. The Service Provider's services are available to residents of the United States over the age of 18 that are located in our coverage area. DP Communications services may not be resold or redistributed to any other subscriber or non-subscriber without written consent from the Service Provider. Each user is responsible for securing wireless links such as routers to prevent access by any other party. Sharing of passwords to allow unauthorized access by other parties is likewise prohibited. The Service Provider reserves the right to discontinue service at any time without prior notification. The Service Provider provided service is one in which the customer is billed directly by the Service Provider. No other parties, aside from the Service Provider and it partner vendors will be involved in the billing process. Collection agencies may become involved if an account becomes past due. The Service Provider reserves the right to either hand over collections for the Service Provider's provided services to an authorized collection agency or deactivate your account.
14. The Service Provider is not responsible for any additional service outages that may result from the deactivation of a Company provided service. The Service Provider may not be held liable for any damages incurred by the lapse of service whether due to non-payment, discretionary termination, technical failure, or other act of God or man. We will make every effort to restore connection as soon as possible and we apologize for any inconveniences that may occur as a result of such outages. The Service Provider has no responsibility for outages or damages incurred by the deactivation or unavailability of any of the services provided by our partner vendors.
15. The Service Provider may send email messages to our subscribers to notify them of special offers, planned or unplanned maintenance, outages, and for general informational purposes. The Service Provider may share general consumer data with our partner vendors and their affiliates to help serve you with better. This data will not include any personal details such as credit card numbers or bank account numbers.
16. Payments for the Service Provider provided services must be made by credit card, check, bank transfer or cash. In the event that the payment source becomes unavailable due to expiration, cancellation, or non-sufficient funds or credit, the Service Provider may temporarily deactivate your services while the funding problems are being resolved. Unpaid balances may be turned over to a collection agency. Customer invoices are provided on a monthly basis. Taxes due are calculated based on the total monthly usage. If you have any questions, please direct them to email@example.com.
The Service Provider reserves the right to modify this policy at anytime, effective upon posting of a modified policy on the DP Communications web site at: www.dpcomm.net