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Company Policies

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.

Terms & Conditions

This is a legal agreement between you, the Customer, and Diversified Media Data Services, LLC (DMDS). Signature on this agreement or use of the Service indicates that you accept these terms. If you do not agree with these terms, do not use the system.

1. Customer shall abide by all the terms of all Diversified Media Data Services policies including the DMDS Service Agreement (SA/AUP) and Hosting Agreement (HA) as they may change from time to time. The Hosting Agreement is located at http://www.dmdsmanaged.com/company/policies/ If you do not agree to all of the terms of the SA and HA, contact DMDS immediately and terminate your agreement. Use of the service indicates agreement with all terms and conditions of the SA and HA.

2. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. NEITHER DMDS, OR ANY LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES DMDS, THEIR AGENTS, EMPLOYEES MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. SPECIFICALLY, THERE IS NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES TO BE PROVIDED HEREUNDER. DMDS, ITS EMPLOYEES, AFFILIATES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS AND ASSIGNS SHALL NOT BE RESPONSIBLE FOR LOST, STOLEN, OR DAMAGED EQUIPMENT, WITHOUT LIMITATION. DMDS SHALL NOT BE HELD LIABLE FOR LOSS OF ANY SOFTWARE, HARDWARE OR DATA, IN WHATEVER FORM STORED ON ANY COMPUTER EQUIPMENT ONTO WHICH SOFTWARE AND ASSOCIATED EQUIPMENT IS INSTALLED. IT IS CUSTOMER’S RESPONSIBILITY TO BACK UP ANY AND ALL DATA UNLESS OTHERWISE SPECIFIED.

3. DMDS shall not be liable to Customer for any damages arising from any event that is out of the control of DMDS. Neither shall DMDS be liable for indirect, special, incidental, exemplary, consequential, or any other form of money damages, including but not limited to, lost profits, or for the loss of data or information of any kind, however caused and arising out of or in connection with the performance of DMDS or the provision of services or performance hereunder, whether based in contract, tort, or any other legal theory, and whether or not DMDS has been made aware of the possibility of such damages. In no event shall liability exceed a refund of amounts actually paid by Customer for the then current year.

4. Customer expressly acknowledges that the bandwidth provided by DMDS is a shared service. Any quoted bandwidth rating/transfer rate for hosting service is a maximum rate and not guaranteed based upon the shared service. DMDS reserves the right to manage its Networks to provide for maximum efficiency. Due to the demands of the Internet, the limitations of other networks that comprise the Internet and equipment limitations, the maximum speeds may be available but only on a burst basis.

5. DMDS permits IP traffic only. Other protocols are prohibited without prior arrangement.

6. Customer hereby certifies that he or she is 18 years of age or older and will not use this service to conduct any illegal activity including but not limited to violations of the Communications Decency Act of 1996.

7. Customer hereby indemnifies and will hold harmless, DMDS, its successors and assigns, from any and all copyright, trademark, patent or any other legal liability arising out of the use of this service.

8. Breach of this Agreement by Customer may result in immediate termination of services in addition to liability for any and all damages, including attorney fees and costs.

9. Customer shall use reasonable efforts to minimize unnecessary network traffic and interference with the work of other users of interconnected networks.

10. Customer is solely responsible for limiting access or transmission of objectionable material. Diversified Media Data Services, LLC takes no responsibility or liability for unauthorized storage, possession, viewing or transmitting of said materials by any persons.

11. This agreement is and shall be governed by and construed in accordance with the laws of the State of Minnesota applicable to agreements made and performed in Minnesota. Any cause of action of a Customer or its designated user with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.