ACCEPTABLE USE POLICY AND TERMS OF SERVICE
Background
From time to time Day-Solutions.net may impose reasonable rules
and regulations regarding the use of its services.
The AUPs are not exhaustive and Day-Solutions.net reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to www.day-sol.com or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the Acceptable Use Policy (AUP), you agree to abide by them as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as Day-Solutions.net deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM DAY NETWORKS. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS EPURENET'S POLICY TO TERMINATE REPEAT INFRINGERS. HOSTLOCK RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.
Client Security Responsibilities
The client is solely responsible for any breaches of security affecting servers under client control. If a client's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the client is responsible for the cost to rectify any damage done to the client's server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $100 USD per hour. Enquiries regarding security matters may be directed to Support at support@day-solutions.net.
System And Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Day-Solutions.net may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
*Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
*Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
*Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
*Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Day-Solutions.net. Such labor is categorized as emergency security breach recovery and is currently charged at $100 USD per hour required. Enquiries regarding security matters may be directed to Support at support@day-solutions.net. Day-Solutions.net is concerned with the privacy of online 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, Day-Solutions.net urges its clients to assume that all of their online communications are insecure. Day-Solutions.net cannot take responsibility for the security of information transmitted over Day-Solutions.net's facilities.
Password Protection
The client is responsible for protecting client's password and for any authorized or unauthorized use made of client's password. The client will not use or permit anyone to use Day-Solutions.net's service to guess passwords or to access other systems or networks without authorization. Day-Solutions.net will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
Internet Etiquette
The client is expected to be familiar with and to practice good Internet etiquette (Netiquette). The client will comply with the rules appropriate to any network to which Day-Solutions.net may provide access. The client should not post, transmit, or permit Internet access to information the client desires to keep confidential. The client is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in retaliation against Day-Solutions.net by offended users. Day-Solutions.net reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.
Copyright Infringement - Software Piracy Policy
The Day-Solutions.net network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.
Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail.
In compliance with the Digital Millenium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to our corporate address or by e-mail to legal@day-solutions.net.
Day-Solutions.net will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
Network Responsibility
Clients have a responsibility to use the Day-Solutions.net network responsibly. This includes respecting the other clients of Day-Solutions.net. Day-Solutions.net reserves the right to suspend and or cancel service with any Client who uses the Day-Solutions.net network in such a way that adversely effects other Day-Solutions.net clients. This includes but is not limited to:
*Attacking or attempting to gain unauthorized access to servers and services that belong to Day-Solutions.net or its clients (i.e. computer hacking), and/or
·*Participating in behavior which result in reprisals that adversely effect the Day-Solutions.net network or other clients' access to the Day-Solutions.net network.
Day-Solutions.net will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a Day-Solutions.net client, whether or not the attacked account or computer belongs to Day-Solutions.net, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or client, of Day-Solutions.net is strictly prohibited.
Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm. Day-Solutions.net will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
Lawful Purpose
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.
Using any Day-Solutions.net service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Day-Solutions.net services or products is prohibited. Using the Day-Solutions.net network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.
Servers hosted within Day-Solutions.net network are open to the public. You are solely responsible for your usage of the Day-Solutions.net network and servers and any statement you make on servers hosted within the Day-Solutions.net network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.
Child Pornography on the Internet
Day-Solutions.net will cooperate fully with any criminal investigation into a Client's violation of the Child Protection Act of 1984 concerning child pornography. Clients are ultimately responsible for the actions of their customers over the Day-Solutions.net network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT.
Commercial Advertisements with E-mail
Day-Solutions.net takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this means that clients of Day-Solutions.net may not use or permit others to use our network to transact in UCE. Clients of Day-Solutions.net may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. E-mail is a person-to-person medium, not a broadcast medium.
Clients of Day-Solutions.net are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Clients are ultimately responsible for the actions of their customers over the Day-Solutions.net network, it is advisable that Clients develop a similar, or stricter, policy for their customers.
Violation of Day-Solutions.net's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Day-Solutions.net will initiate an immediate investigation (within 48 hours of notification). During the investigation, Day-Solutions.net may restrict client access to the network to prevent further violations. If a client is found to be in violation of our SPAM policy, Day-Solutions.net may, at its sole discretion, restrict, suspend or terminate client's account. Further, Day-Solutions.net reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Day-Solutions.net will notify law enforcement officials if the violation is believed to be a criminal offense.
Violation of Day-Solutions.net's SPAM policy may be reported to abuse@day-solutions.net.
IP Address Overlap
The client cannot use IP addresses which were not assigned to them by Day-Solutions.net staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.
CGI Scripts
Each account offered and supported by Day-Solutions.net comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that affects normal server operation without prior notice.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Payment Policies
The client understands that the client is responsible for paying for any network resources that are used to connect the client's server to the Internet. The client may request that the client's server be disconnected from the Internet, but the client will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
All accounts are set up on a pre-pay basis. Setup fees are charges for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Day-Solutions.net reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a month (30 days) of the invoice due date or exceeding this time frame in any way is subject to suspension. The Client is responsible for all money owed on the account from the time it was established to the time that the Client notifies Day-Solutions.net in writing for a request for termination of services. All payment is in U.S. currency.
Suspension
Day-Solutions.net reserves the right to suspend network access to any client if, in the judgment of Day-Solutions.net, the client's server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which Day-Solutions.net chooses. If inappropriate activity is detected, all accounts of the Client in question will be deactivated until an investigation is complete. Prior notification to the Client is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The client will not be credited for the time the client's machines were suspended. The Client will be credited on a prorated basis based on the monthly fees the Client pays for the servers that are suspended for the time the Client's machines were suspended.
Cancellation
Day-Solutions.net reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the client in question will be deactivated until an investigation is complete. Prior notification to the Client is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation will be prorated and paid by Day-Solutions.net if Day-Solutions.net institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the client (i.e. transfer, space etc.).
Indemnification
Day-Solutions.net wishes to emphasize that in agreeing to the AUP, the client indemnifies Day-Solutions.net for any violation of the AUP or its equivalent, that results in loss to Day-Solutions.net or the bringing of any claim against Day-Solutions.net by any third-party. This means that if Day-Solutions.net is sued because of a client's or a customer of a client's activity, the client will pay any damages awarded against Day-Solutions.net, plus costs and reasonable attorney's fees.
Disclaimer of Responsibility
Day-Solutions.net is under no duty to look at each client's or user's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Day-Solutions.net disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.
All websites and dedicated servers of Day-Solutions.net must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.
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