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Acceptable Use Policy for Download Technologies
This Acceptable Use Policy applies to all persons and entities (collectively, "customers") using the products and services of Download Technologies, Inc., ("DTI") including Internet service. The policy is designed to protect the security, integrity, reliability, and privacy of both the DTI network and the products and services DTI offers to its customers. DTI reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of DTI's products and services constitutes your acceptance of the Acceptable Use Policy in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.
What Uses are Prohibited?
Unacceptable use includes, but is not limited to, any of the following:
- Posting, transmission, re-transmission, or storing material on or through any of DTI's products or services, if in the sole judgment of DTI such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.
- Installation or distribution of "pirated" or other software products that are not appropriately licensed for use by customer.
- Resale of DTI's products and services without the express prior written consent of DTI (unless you are an authorized wholesaler).
- Deceptive marketing practices.
- Actions that restrict or inhibit anyone - whether a customer of DTI or otherwise - in his or her use or enjoyment of DTI's products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.
- Introduction of malicious programs into the DTI network or servers or other products and services of DTI (e.g., viruses, trojan horses and worms).
- Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information.
- Executing any form of network monitoring that will intercept data not intended for the customer.
- Circumventing user authentication or security of any host, network or account.
- Interfering with or denying service to any user other than the customer's host (e.g., denial of service attack).
- Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.
- Failing to comply with DTI's procedures relating to the activities of customers on DTI-owned facilities.
- Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document "use" of DTI's products or services.
- Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (e.g., E-mail "spam").
- Harassment, whether through language, frequency, or size of messages.
- Unauthorized use or forging of mail header information.
- Solicitations of mail or any other E-mail address other than that of the poster's account or service, with the intent to harass or collect replies.
- Creating or forwarding "chain letters" or other "pyramid schemes" of any type.
- Use of unsolicited E-mail originating from within the DTI network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by DTI or connected via the DTI network.
- Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.
No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.
Upon notification of the existence of an abusable resource (e.g., spam generation or posting illegal content), the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and enforced as such.
DTI may immediately suspend and/or terminate the customer's service for violation of any provision of this policy upon verbal or written notice, which notice may be provided by voicemail or E-mail. Prior to suspension or termination, DTI attempts to work with our customers to cure violations of this policy and ensure that there is no re-occurrence; however, DTI reserves the right to suspend or terminate based on a first offense.
Electronic Communications Privacy Act Notice
DTI makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon DTI technology, and makes no guarantee that any other entity or group of users will be included or excluded from DTI's network. In addition, DTI may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.
If you are unsure of whether any contemplated use or action is permitted, please contact DTI at firstname.lastname@example.org or (503) 343-9394.
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I hereby agree to the terms and conditions set forth in this agreement, and represent than I am authorized to bind customer to this agreement:
Customer Signature, Title, and Date
Copyright 2004, Download Technologies, Inc. All Rights Reserved.