Database Resources Inc. dba Digital Resource
Website and eMail Hosting
Acceptable Use Policy
1. Violations of AUP
The Service Provider, at its sole discretion, shall determine whether an act constitutes a violation of the AUP. The list provided as part of the AUP is meant to serve as a guideline and not a complete enumeration of prohibited activities.
The Subscriber will notify the Service Provider to request permission prior to engaging in any activity which may impact the quality of service for other Subscribers.
The following acts will be considered violations of the AUP:
1.1 Illegal Use
* Using the service in any way which violates Federal, State, Local, or International law.
* Transmitting copyrighted material without authorization from the copyright holder
* Violating export control regulations
1.2 Malicious Activity
* Willfully interfering with the regular operation of the Service
* Attempting to access any system which the Subscriber knows or reasonably should know that the Subscriber is not authorized to access in the manner or to the extent attempted
* Hosting any deceptive material for the purposes of phishing
* Running any password cracking software
* Running root exploit kits against other servers
* Distributing viruses, worms, or trojan horses
* Forging or misrepresenting message headers in whole or in part
* Scanning networks
* Threatening or encouraging bodily harm or destruction of property
* Violating of the rights of privacy or publicity of an individual
1.3 Promotion of Illicit Activity
To include the promotion of:
* Any activities prohibited by Federal, State, Local, or International law
* Any activities which result in the spread of computer viruses or other damaging programs or data files
* Any activities which violate export restrictions (including making non-exportable information or software available to foreign nationals as may be prohibited by law)
* Circumvention of copyright or patent protection
* Exposure of any trade secret
1.4 Unsolicited Bulk Electronic Mailing
* Transmitting any unsolicited commercial e-mail
* Transmitting any unsolicited bulk e-mail
The Subscriber agrees to send bulk electronic mail only to those who have specifically requested to receive such mail and comply with all Federal, State, Local, and International laws governing the transmission of electronic mail.
1.5 Spamvertising and Related Activities
* Posting commercial, political, or advertising posts to public forums
* Issuing unsolicited trackbacks for the purpose of promotion
* Providing DNS resolution in support of Unsolicited Bulk Electronic Mailing
* Hosting a destination site linked from Unsolicited Bulk Electronic Mailing
* Consistent overuse of shared resources to the detriment of other Subscribers
* Operating an open proxy server or using the Service as part of a proxy network
1.7 Insufficiently-Secure Administration
* Use of a null password, dictionary word as password, or any other form of authentication lacking reasonable secrecy from a third party as part of a root or user-level authentication scheme
* Allowing an unauthorized third party to establish root access to Service provided by the Service Provider
* Allowing an unauthorized third party to establish user-level access to Service provided by the Service Provider
* Operating an open mail relay
* Operating an Internet Relay Chat (IRC) server
2. Enforcement of AUP
The Service Provider reserves the right to monitor the use of the Service.
Should the Service Provider determine, at its sole discretion, the Subscriber has committed any act which violates this AUP, the Service Provider reserves the right to immediately suspend or terminate Service with or without notice to the Subscriber.
The Service Provider will send notification by e-mail to the contact e-mail address on file for the Subscriber in the event that an AUP violation which does not merit termination of Service is identified. Should the Subscriber fail to respond and take action to correct an AUP violation identified in a notification from the Service Provider, the Service provider shall suspend the Service until acknowledgment is received and apply a Service Suspension Fee in accordance with the AUP Fee Schedule.
The Subscriber agrees to pay all associated fees related to the suspension, termination, and reactivation of the Service.
2.1 Service Suspension
In the event that the Service is suspended, regular Service fees shall continue to accrue over the duration of time for which the Service is suspended.
2.2 Service Termination
In the event that the Service is terminated as a result of unacceptable use, a termination fee will be applied in accordance with the AUP's Fee Schedule.
2.3 Service Reinstatement
In the event that an account has been suspended three times for any AUP violation or terminated for any AUP violation, a Service Reinstatement Fee shall be applied in accordance with the AUP Fee Schedule and paid by the Subscriber before the Subscriber may acquire Service from the Service Provider.
3. Reporting Violations of AUP
If you believe you or your system was the subject of an attack originating from our network, contact us immediately.
Our security response team will investigate all complaints received.
5. Revisions to AUP
The Service Provider reserves the right to change the AUP at any time, without prior notice.
This Agreement and the Subscriber's access to the Service shall terminate as follows:
The Subscriber may terminate at the end of the present billing cycle
The Service Provider may terminate with thirty (30) days prior notice
The Service Provider may terminate with fifteen (15) days prior to the notice the Subscriber should the Subscriber fail to correct any breach of this Agreement
The Service Provider may immediately and without prior notice terminate upon determining, at its sole discretion that the Subscriber is in violation of the Acceptable Use Policy
6.2 Termination with 30 Day Notice The Service Provider may provide notice by electronic mail.
6.3 Termination with 15 Day Notice Should the Subscriber breach any provision of this Agreement, the Service Provider shall provide notice by electronic mail.
6.4 Termination upon Acceptable Use Policy Breach The Service Provider shall provide notice by electronic mail.
7. Fee Schedule
SERVICE SUSPENSION FEE $15.00
SERVICE TERMINATION FEE $50.00
SERVICE REINSTATEMENT FEE $500.00
7. Force Majeure
Either party shall be excused from any delay or failure in performance under this Agreement which is caused by reason of any occurrence or contingency beyond its reasonable control, including without limitation: acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
8. Indemnification The Subscriber shall indemnify and hold the Service Provider harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect, and consequential), attorney's fees and expenses that the Service Provider may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement (including reasonable attorney's fees) and for any act or omission of the Subscriber or customers of the Subscriber which are in any way related to the Service.
9. Disclaimer, Limitation of Liability, and Exclusion of Warranties THE TOTAL AGGREGATE LIABILITY OF THE SERVICE PROVIDER TO CUSTOMER SHALL BE LIMITED TO THE AMOUNT PAID TO THE SERVICE PROVIDER BY CUSTOMER HEREUNDER DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM IN WHICH THE SERVICE PROVIDER IS LIABLE TO CUSTOMER. IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT, OR OTHERWISE, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF THE FAILURE OF AN AGREED UPON REMEDY.
THE SERVICE PROVIDER PROVIDES THE SERVICE ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
While the Service Provider makes reasonable efforts to maintain the Service, many factors are not within the Service Provider's control. Therefore, the Service Provider does not warrant, and is not responsible for (even if caused by negligence of the Service Provider) any loss of data, delays, non-delivery or misdelivery of information, lack of access, slow response time, interruptions of the Service, or errors of the Service.
Loss, delay or non-delivery of data can be due to but not limited to the Service Provider's own negligence, viruses, or other third parties. The Subscriber's data is defined as any data held by the Service Provider and includes account information, web hosting data, email, and domain name services.
This disclaimer and waiver shall apply equally to any and all third party providers. The Service Provider makes no warranty to the Subscriber regarding the accuracy of usage statistics, which the Service Provider may provide at its discretion. Further, no advice or information given by any representative of the Service Provider shall create a warranty or serve as an amendment to this agreement.
Any rights not expressly granted herein are reserved. Any failure of the Service Provider to assert any rights it may have under this Agreement does not constitute a waiver of the Service Provider's right to assert the same or any other right at any other time or against any other person or entity.
If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision.
The Service Provider may subcontract any work, obligations or other performance required of the Service Provider under this Agreement without consent of the Subscriber.
No part of this Agreement or in the understanding of the parties confers upon the parties the status of a partnership or joint venture.
This Agreement shall be governed by the laws of the state of Washington, without giving effect to applicable conflict of laws provisions. The federal and state courts located in Seattle, Washington, USA alone have jurisdiction over all disputes arising out of or related to this Agreement and the Service. The Subscriber consents to the personal jurisdiction of such courts sitting in Washington with respect to such matters or otherwise between the Subscriber and Service Provider, and waive rights to removal or consent to removal. In the event any litigation or other proceeding is brought by either party in connection with this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to recover from the other party all costs, attorneys' fees and other expenses incurred by such prevailing party in such litigation.
The titles in this Agreement are provided only for convenience and are not to be used in interpreting the Agreement.
The Service Provider reserves the right to change this Agreement upon notification sent by electronic mail to all active Subscribers.