a provider of web site hosting, and other Internet-related
services, DPW Enterprises offers its customers (also known
as subscribers), and their customers and users, the means
to acquire and disseminate a wealth of public, private, commercial,
and non-commercial information. DPW Enterprises respects
that the Internet provides a forum for free and open discussion
and dissemination of information, however, when there are
competing interests at issue, DPW Enterprises reserves the
right to take certain preventative or corrective actions.
In order to protect these competing interests, DPW Enterprises
has developed an Acceptable Use Policy ("AUP"),
which supplements and explains certain terms of each customer's
respective service agreement and is intended as a guide to
the customer's rights and obligations when utilizing DPW
Enterprises's services. This AUP will be revised from time
to time. A customer's
use of DPW Enterprises's services after changes to the AUP
are posted on DPW Enterprises's web site, www.DPWEnterprises.com,
will constitute the customer's acceptance of any new or additional
terms of the AUP that result from those changes.
aspect of the Internet is that no one party owns or controls
it. This fact accounts for much of the Internet's openness
and value, but it also places a high premium on the judgment
and responsibility of those who use the Internet, both in
the information they acquire and in the information they
disseminate to others. When subscribers obtain information
through the Internet, they must keep in mind that DPW Enterprises
cannot monitor, verify, warrant, or vouch for the accuracy
and quality of the information that subscribers may acquire.
For this reason, the subscriber must exercise his or her
best judgment in relying on information obtained from the
Internet, and also should be aware that some material posted
to the Internet is sexually explicit or otherwise offensive.
Because DPW Enterprises cannot monitor or censor the Internet,
and will not attempt to do so, DPW Enterprises cannot accept
any responsibility for injury to its subscribers that results
from inaccurate, unsuitable, offensive, or illegal Internet
disseminate information through the Internet, they also must
keep in mind that DPW Enterprises does not review, edit,
censor, or take responsibility for any information its subscribers
may create. When users place information on the Internet,
they have the same liability as other authors for copyright
infringement, defamation, and other harmful speech. Also,
because the information they create is carried over DPW Enterprises's
network and may reach a large number of people, including
both subscribers and non-subscribers of DPW Enterprises,
subscribers' postings to the Internet may affect other subscribers
and may harm DPW Enterprises's goodwill, business reputation,
and operations. For these reasons, subscribers violate DPW Enterprises
policy and the service agreement when they, their customers,
affiliates, or subsidiaries engage in the following prohibited
Sending unsolicited bulk and/or commercial messages over
the Internet (known as "spamming"). It is not only
harmful because of its negative impact on consumer attitudes
toward DPW Enterprises, but also because it can overload
DPW Enterprises's network and disrupt service to DPW Enterprises
subscribers. Also, maintaining an open SMTP relay is prohibited.
When a complaint is received, DPW Enterprises has the discretion
to determine from all of the evidence whether the email recipients
were from an "opt-in" email list.
Property Violations --
Engaging in any activity that infringes or misappropriates
the intellectual property rights of others, including
copyrights, trademarks, service marks, trade secrets,
software piracy, and patents held by individuals, corporations,
or other entities. Also, engaging in activity that violates
privacy, publicity, or other personal rights of others.
DPW Enterprises is required by law to remove or block
access to customer content upon receipt of a proper notice
of copyright infringement. It is also DPW Enterprises's
policy to terminate the privileges of customers who commit
repeat violations of copyright laws.
or Materials -- Using DPW Enterprises's network to
advertise, transmit, store, post, display, or otherwise
make available child pornography or obscene speech or material.
DPW Enterprises is required by law to notify law enforcement
agencies when it becomes aware of the presence of child
pornography on or being transmitted through DPW Enterprises's
or Abusive Language --
Using DPW Enterprises's network as a means to transmit
or post defamatory, harassing, abusive, or threatening
Forging or misrepresenting message headers, whether in
whole or in part, to mask the originator of the message.
Unauthorized Access to Other Computers or Networks --
Accessing illegally or without authorization computers,
accounts, or networks belonging to another party, or attempting
to penetrate security measures of another individual's
system (often known as "hacking"). Also, any
activity that might be used as a precursor to an attempted
system penetration (i.e. port scan, stealth scan, or other
information gathering activity).
of Internet Viruses, Worms, Trojan Horses, or Other Destructive
Distributing information regarding the creation of and
sending Internet viruses, worms, Trojan horses, pinging,
flooding, mail bombing, or denial of service attacks. Also,
activities that disrupt the use of or interfere with the
ability of others to effectively use the network or any
connected network, system, service, or equipment.
a Violation of this AUP --
Advertising, transmitting, or otherwise making available
any software, program, product, or service that is designed
to violate this AUP, which includes the facilitation of
the means to Spam, initiation of pinging, flooding, mail
bombing, denial of service attacks, and piracy of software.
Exporting encryption software over the Internet or otherwise,
to points outside the United States.
Usenet Groups --
DPW Enterprises reserves the right not to accept postings
from newsgroups where we have actual knowledge that the content
of the newsgroup violates the AUP.
Engaging in activities that are determined to be illegal,
including advertising, transmitting, or otherwise making
available ponzi schemes, pyramid schemes, fraudulently
charging credit cards, and pirating software.
Other Activities --
Engaging in activities, whether lawful or unlawful, that
DPW Enterprises determines to be harmful to its subscribers,
operations, reputation, goodwill, or customer relations.
As we have pointed
out, the responsibility for avoiding the harmful activities
just described rests primarily with the subscriber. DPW Enterprises
will not, as an ordinary practice, monitor the communications
of its subscribers to ensure that they comply with DPW Enterprises
policy or applicable law. When DPW Enterprises becomes aware
of harmful activities, however, it may take any action to
stop the harmful activity, including but not limited to,
removing information, shutting down a web site, implementing
screening software designed to block offending transmissions,
denying access to the Internet, or take any other action
it deems appropriate.
also is concerned with the privacy of on-line communications
and web sites. In general, the Internet is neither more nor
less secure than other means of communication, including
mail, facsimile, and voice telephone service, all of which
can be intercepted and otherwise compromised. As a matter
of prudence, however, DPW Enterprises urges its subscribers
to assume that all of their on-line communications are insecure.
DPW Enterprises cannot take any responsibility for the security
of information transmitted over DPW Enterprises's facilities.
will not intentionally monitor private electronic mail messages
sent or received by its subscribers unless required to do
so by law, governmental authority, or when public safety
is at stake. DPW Enterprises may, however, monitor its service
electronically to determine that its facilities are operating
satisfactorily. Also, DPW Enterprises may disclose information,
including but not limited to, information concerning a subscriber,
a transmission made using our network, or a web site, in
order to comply with a court order, subpoena, summons, discovery
request, warrant, statute, regulation, or governmental request.
DPW Enterprises assumes no obligation to inform the subscriber
that subscriber information has been provided and in some
cases may be prohibited by law from giving such notice. Finally,
DPW Enterprises may disclose subscriber information or information
transmitted over its network where necessary to protect DPW Enterprises
and others from harm, or where such disclosure is necessary
to the proper operation of the system.
expects that its subscribers who provide Internet services
to others will comply fully with all applicable laws concerning
the privacy of on-line communications. A subscriber's failure
to comply with those laws will violate DPW Enterprises policy.
Finally, DPW Enterprises wishes to emphasize that in accepting
the service agreement, subscribers indemnify DPW Enterprises
for any violation of the service agreement, law, or DPW Enterprises
policy that results in loss to DPW Enterprises or the bringing
of any claim against DPW Enterprises by any third-party.
This means that if DPW Enterprises is sued because of a subscriber's
or customer of a subscriber's activity, the subscriber will
pay any damages awarded against DPW Enterprises, plus costs
and reasonable attorneys' fees.
We hope this
AUP is helpful in clarifying the obligations of Internet
users, including DPW Enterprises and its subscribers, as
responsible members of the Internet. Any complaints about
a subscriber's violation of this AUP should be sent to abuse@DPW Enterprises.
Notice Infringement Information
accordance with the Digital Millennium Copyright Act, DPW Enterprises
has adopted a policy that provides for termination of websites
hosted by Turbo-Snail that are found to infringe on copyrights
of third parties. If a copyright holder believes that there has
been a violation of his or her copyright on a website that is
hosted by DPW Enterprises or its subsidiaries, and the copyright
holder wants Turbo-Snail to remove the website or disable the
material in question, DPW Enterprises will remove the website
or disable the material if the copyright holder provides us with
all of the following information:
signature of a person authorized to act on behalf of
the owner of the exclusive right that is allegedly infringed.
Identification of the copyrighted work that is claimed
is being infringed, or, in the case of claimed infringement
of multiple copyrighted works, a representative list
of such works.
of the material that is claimed to be infringing or is
the subject of infringing activity and that should be
removed or access to which should be disabled, with information
reasonably sufficient to permit us to locate the material.
reasonably sufficient to permit us to contact the person
giving the notification, such as an address and telephone,
and, if available, an electronic mail address at which
such person may be contacted.
statement that the person giving the notification has
a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner,
its agent, or the law.
statement that the information in the notification is
accurate, and under penalty of perjury, that the person
giving the notification is authorized to act on behalf
of the owner of the exclusive right that is allegedly
should be directed to:
2269 Huckleberry Road