Acceptable Use Policy
It is Diversified Media Data Service’s (DMDS) intent to provide our customers with the best managed services possible. In order to accomplish this task, we have adopted an AUP (Acceptable Use Policy) that is set forth below. This policy outlines the proper use of the services from Diversified Media Data Services (the “Service”) as well as proper conduct. These policies and customer use restrictions are in addition to restrictions contained in the Diversified Media Data Services Hosting Agreement (the “Subscriber Agreement”).
It is the responsibility of all DMDS customers, and all others who have access to the DMDS network (“Customer” or “You”), to comply with these policies. As an DMDS customer, it is your responsibility to secure computer equipment so that it is not subject to external threats such as viruses, Spam, and other methods of intrusion. Failure to comply with these or any other DMDS policies could subject your account to suspension or termination. If you do not agree to comply with all of these policies, you must immediately stop use of the Service and notify DMDS so that your account may be closed.
Prohibited uses include, but are not limited to, using the the Service to
(i) undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation;
(ii) post, store, transmit or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive or otherwise inappropriate, regardless of whether such material or its dissemination is unlawful;
(iii) access any other person’s computer, software, or data without their knowledge and consent; breach the security of another user; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for Customer, logging into or making use of a server or account Customer is not expressly authorized to access, or probing the security of other hosts, networks or accounts;
(iv) use or distribute tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Network probing or port scanning tools are only permitted when used in conjunction with a residential home network, or if explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited;
(v) upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise which is protected by copyright or other proprietary right, without obtaining permission of the owner;
(vi) copy, distribute or sublicense any software provided in connection with the Service by DMDS or any third party, except that Customer may make one copy of each software program for back-up purposes only;
(vii) restrict, inhibit or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to send or retrieve information;
(viii) restrict, inhibit, interfere with or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any DMDS server, backbone network, node or service, or otherwise cause a performance degradation to any DMDS (or supplier) facilities used to deliver the Service;
(ix) transmit unsolicited bulk or commercial messages or “spam.” This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
(x) send numerous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files to a recipient that disrupts a server, account, newsgroup, or chat service;
(xi) distribute programs that remove locks or time-outs built into software (cracks);
(xii) initiate, perpetuate, or in any way participate in any pyramid or other illegal soliciting scheme;
(xiii) harvest e-mail addresses, screen names or other identifiers of others (without their prior express consent) or participate in “spidering;”
(xiv) collect responses from unsolicited messages;
(xv) impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity.
Any policy set forth by another service provider accessed through the Service must be strictly adhered to.
Customer agrees to indemnify, defend and hold harmless Diversified Media Data Services, LLC and its affiliates against all claims and expenses (including reasonable attorney fees) resulting from Customer engaging in any of the prohibited activities listed in this AUP or resulting from violation by Customer of the AUP or of any other posted DMDS policy related to the Service.