Hosting Acceptable Usage Policy

 

 

As 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.

One important 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 communications.

When subscribers 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 activities:

Spamming -- 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.

Intellectual 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.

Obscene Speech 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 network.

Defamatory or Abusive Language -- Using DPW Enterprises's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or 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).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- 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.

Facilitating 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.

Export Control Violations -- 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.

Other Illegal Activities -- 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.

DPW Enterprises 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.

DPW Enterprises 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.

DPW Enterprises 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.

Copyright Notice Infringement Information

In 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:

  1. A 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.
  2. Identification 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.
  3. Information 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.
  4. A 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.
  5. A 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 infringed.
Notices should be directed to:

Operations Director
DPW Enterprises
2269 Huckleberry Road

Manchester, NJ 08759


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