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Acceptable Use Policy
Abuse of the Law
datastreamusa.com services may be used for lawful purposes
only. Illegality includes but is not limited to: drug dealing;
attempting without authorization to access a computer system;
pirating; schemes to defraud; trafficking in obscene material; sending
a message or having content which is obscene, lewd, lascivious or
indecent with intent to annoy, abuse, threaten or harass another
person; threatening bodily harm or damage to individuals or groups;
and stalking. It is the responsibility of the client to ensure that
all information within their accounts is their own work or they are
legally entitled to contain material and do not violate copyright,
also our client's may not have adult material/warez/MP3's/and or any
programs (.exe's) without a prior agreement.
Abuse of Server Resources
Running programs in the background on any of
datastreamusa.com servers without prior written authorization, or running
chat rooms, Internet Relay Chat, IRC Bots, more than 1000 emails per
day and the like are not acceptable uses of the servers. datastreamusa.com
is not a backup server, so if your looking to use your space to store
your files you might want to go some place else. Further, any usage of
10% or more of system resources is an undue burden and is not
acceptable.
Hacking & Cracking
datastreamusa.com reserves the right to report illegal
activities to any and all regulatory, administrative, and/or
governmental authorities for prosecution. The following examples of
unacceptable behaviors are non-exclusive, and are provided for
guidance purposes. If you are unsure if your actions will be a
violation of our policies please contact admin@datastreamusa.com Server
broadcast messages or any message sent on an intrusive basis to any
directly or indirectly attached network. Attempt to circumvent any
user authentication or security of host, network, or account.
Accessing data not intended for user. Probing the security of any
network. Spawning dozens of processes. Port scans, ping floods, packet
spoofing, forging router information, Denial of Service attacks,
sniffers, flooding spoofing, ping bombing, smurfs, winnuke, land,
teardrop. The presence of any of these programs, whether or not run,
will result in action against the user including suspension or
termination.
Client Responsibility
The client is responsible for all activity originating
from the account unless proven to be a victim of outside hacking or
address forgery. The client is responsible for securing their
username/password. The client assumes responsibility for all material
on their site that may be put on by a third party (such as the usage
of Free For All links pages). Use of datastreamusa.com service requires a
certain level of knowledge in the use of Internet languages,
protocols, and software. This level of knowledge varies depending on
the anticipated use and desired content of the web space by the
client. The following examples are offered: Web Publishing: requires
knowledge of HTML, properly locating and linking documents, FTPing Web
contents, Graphics, text, sound, image mapping, etc. FrontPage web
publishing: knowledge of the FrontPage tools. CGI-Scripts: requires
knowledge of the NT environment & Perl. Mail: a use of mail clients to
receive and send mail, etc. The client agrees that he or she has the
necessary knowledge to create and maintain their web space. Client
agrees that it is not the responsibility of datastreamusa.com to provide
this knowledge or support outside matter specific to datastreamusa.com
servers. The client agrees responsibility for all programs executed
under their account, regardless who the author is. Any communication
between datastreamusa.com and the client may not be reproduced, published,
transmitted to any third party or otherwise replicated without prior
written consent from datastreamusa.com.
Backups
Full backups are made weekly. No guarantees are made of
any kind, either expressed or implied, as to the integrity of these
backups. Backups are made for server restoration purposes only. It is
the clients' responsibility to maintain local copies of their web
content any information. If loss of data occurs due to an error of
datastreamusa.com, datastreamusa.com will attempt to recover the date for no
charge to the client. If data loss occurs due to negligence of client
in securing their account or by an action of the client, datastreamusa.com
will attempt to recover the data from the most recent archive for a
$50.00 fee.
Limitation of Liability
datastreamusa.com shall not be responsible for any claimed
damages, including incidental and consequential damages, which may
arise from datastreamusa.com servers going off-line or being unavailable for
any reason whatsoever. Further, datastreamusa.com shall not be responsible
for any claimed damages, including incidental or consequential
damages, resulting from the corruption or deletion of any web site
from one of datastreamusa.com servers. All damages shall be limited to the
immediate termination of service. You agree to indemnify, defend and
hold harmless datastreamusa.com from any and all liability, penalties,
losses, damages, costs, expenses, attorneys fess causes of action or
claims caused by or resulting indirectly from your use of the service
which damages either you, datastreamusa.com, or any other party or parties
without limitation or exception. datastreamusa.com shall be the sole arbiter
of what is and is not a violation of these acceptable use policies.
datastreamusa.com reserves the right to terminate an account at any time and
for any reason that causes harm to any datastreamusa.com customer's web
sites. datastreamusa.com reserves the right to delete all content and files
upon termination. datastreamusa.com reserves the right to withhold any
pre-paid funds for any site removed for violations of these policies.
datastreamusa.com reserves the right to refuse, cancel, or suspend service
at our sole discretion. datastreamusa.com reserves the right to change the
Acceptable Use Policy without prior notice or warning. Non-enforcement
of any part of the Acceptable Use Policy does not constitute consent.
No Warranties
datastreamusa.com makes no warranties or representations of
any kind for the services being offered. The service is provided on an
'as is' and 'as available' basis without warranties of any kind,
either express or implied, including but not limited to warranties of
title, non-infringement, or implied warranties of merchantability or
fitness for a particular purpose. No advice or information given by
datastreamusa.com shall create a warranty.
Payment
You agree to supply appropriate payment for the
services received from datastreamusa.com, in advance of the time period
during which such services are provided. You agree that all set up and
hosting fees are non-refundable once setup is complete. You agree
that until and unless you notify datastreamusa.com of your desire to cancel
any or all services received, those services will be billed on a
recurring basis. Any and all domain name registration fees are
non-refundable.
Prior Agreements
This agreement supersedes any written electronic, or
oral communication you may have had with datastreamusa.com, and constitutes
the complete and total agreement between the parties.
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