| Terms Of Service
IMPORTANT NOTICE:
The DutchNet.biz Network, Inc. ("The Company")
agrees to furnish services to the Subscriber, subject to the following
TOS (Terms of Service).
Use of The DutchNet.biz Network Service constitutes
acceptance and agreement to The DutchNet.biz's AUP as well as The
DutchNet.biz Network's TOS (Terms of Service).
All provisions of this contract are subject to the
TOS (Terms of Service) of The DutchNet.biz Network, Inc. and AUP
(Acceptable Use Policy). The AUP may be changed from time to time
at the discretion of the Company. Subscriber understands that change
to the AUP by the Company shall not be grounds for early contract
termination or non-payment.
Disclosure to Law Enforcement: The AUP specifically
prohibits the use of our service for illegal activities. Therefore,
Subscriber agrees that the Company may disclose any and all subscriber
information including assigned IP numbers, account history, account
use, etc. to any law enforcement agent who makes a written request
without further consent or notification to the Subscriber. In addition
The DutchNet.biz Network shall have the right to terminate all service
set forth in this Agreement.
Refund and Disputes: All payments to The DutchNet.biz
Network, Inc. are nonrefundable. This includes the one time setup
fee and subsequent charges regardless of usage. All overcharges
or billing disputes must be reported within 60 days of the time
the dispute occurred. If you dispute a charge to your credit card
issuer that, in The DutchNet.biz Network's sole discretion is a
valid charge under the provisions of the TOS and /or AUP, you agree
to pay The DutchNet.biz Network an "Administrative Fee"
of not less than $50 and not more than $150.
Failure to Pay: The Company may temporarily deny service
or terminate this Agreement upon the failure of Subscriber to pay
charges when due. Such termination or denial will not relieve Subscriber
of responsibility for the payment of all accrued charges, plus reasonable
interest and any collection fees.
Subscriber acknowledges that the service provided
is of such a nature that service can be interrupted for many reasons
other than the negligence of the company and that damages resulting
from any interruption of service are difficult to ascertain. Therefore,
subscriber agrees that the company shall not be liable for any damages
arising from such causes beyond the direct and exclusive control
of the company. Subscriber further acknowledges that the company's
liability for its own negligence may not in any event exceed an
amount equivalent to charges payable by subscriber for services
during the period damages occurred. In no event shall the company
be liable for any special or consequential damages, loss or injury.
Support Boundaries: The DutchNet.biz Network, provides
24 x 7 technical support to our subscribers (except for few holidays
and short company meetings when we close our center.) We limit our
technical support to our area of expertise. The following is our
guidelines when providing support: The DutchNet.biz Network provides
support related to your server or virtual site physical functioning.
The DutchNet.biz Network does not offer tech support for application
specific issues such as cgi programming, html or any other such
issue. The DutchNet.biz Network does not provide technical support
for YOUR customers. If you can email, we encourage you to email
support@DutchNet.biz for assistance. If you are able to get online
and have other questions, the answers may be on our home page at
http://DutchNet.biz/support.htm - we encourage you to check there
first. Lastly, the Help files in the program you are using may have
the answer to your question so please do investigate these resources
before contacting Tech Support.
SPAM and Unsolicited Commercial Email (UCE): The DutchNet.biz
Network takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very simply this
means that customers of The DutchNet.biz Network may not use or
permit others to use our network to transact in UCE. Customers of
The DutchNet.biz Network 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.
Violation of The DutchNet.biz Network's SPAM policy
will result in severe penalties. Upon notification of an alleged
violation of our SPAM policy, The DutchNet.biz Network will initiate
an immediate investigation (within 48 hours of notification). During
the investigation, The DutchNet.biz Network may restrict customer
access to the network to prevent further violations. If a customer
is found to be in violation of our SPAM policy, The DutchNet.biz
Network may, at its sole discretion, restrict, suspend or terminate
customer's account. Further, The DutchNet.biz Network reserves the
right to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. The DutchNet.biz
Network will notify law enforcement officials if the violation is
believed to be a criminal offense.
First violations of this policy will result in an
"Administrative Fee" of $10 and your account will be reviewed
for possible immediate termination. A second violation will result
in an "Administrative Fee" of $100 and immediate termination
of your account. Users who violate this policy agree that in addition
to these "Administrative" penalties, they will pay "Research
Fees" not to exceed $75 per hour that The DutchNet.biz Network
personnel must spend to investigate the matter. PLEASE, DO NOT SPAM
from your account.
As our Customers are ultimately responsible for the
actions of their clients over the The DutchNet.biz Network network,
it is advisable that Customers develop a similar, or stricter, policy
for their clients.
IMPORTANT NOTICE:
If your site results in our IP Space being blacklisted,
we will immediately terminate your account and send to collection
an administrative fee of 500 USD.
Network
Bandwidth and Disk Usage: Customer agrees that bandwidth
and disk usage shall not exceed the number of megabytes per month
for the Services ordered by Customer on the Order Form (the "Agreed
Usage"). The DutchNet.biz Network will monitor Customer's bandwidth
and disk usage. The DutchNet.biz Network shall have the right to
take corrective action if Customer's bandwidth or disk usage exceeds
the Agreed Usage. Such corrective action may include the assessment
of additional charges, disconnection or discontinuance of any and
all Services, or termination of this Agreement, which actions may
be taken is in The DutchNet.biz Network's sole and absolute discretion.
If The DutchNet.biz Network takes any corrective action under this
section, Customer shall not be entitled to a refund of any fees
paid in advance prior to such action. In the event that a customer
exceeds the included allocation, The DutchNet.biz Network may, at
its sole discretion, collect a deposit, in an amount determined
by The DutchNet.biz Network, against customer's credit card on file
with The DutchNet.biz Network.
System and Network Security: Users are prohibited
from violating or attempting to violate the security of the The
DutchNet.biz Network Network. Violations of system or network security
may result in civil or criminal liability. The DutchNet.biz Network
will investigate occurrences, which may involve such violations
and may involve, and cooperate with, law enforcement authorities
in prosecuting Users who are involved in such violations. These
violations include, without limitation:
Accessing data not intended for such User or logging
into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures
without proper authorization.
Attempting to interfere with service to any user,
host or network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which
such User is not entitled.
Notification of Violation:
The DutchNet.biz Network is under no duty to look
at each customer's or user's activities to determine if a violation
of the AU{ has occurred, nor do we assume any responsibility through
our AUP to monitor or police Internet-related activities.
First violation: Any User, which The DutchNet.biz
Network determines to have violated any element of this Acceptable
Use Policy, shall receive an email, warning them of the violation.
The service may be subject at The DutchNet.biz Network's discretion
to a temporary suspension pending a User's agreement in writing,
to refrain from any further violations.
Second Violation: Users that The DutchNet.biz Network
determines to have committed a second violation of any element of
this Acceptable Use Policy shall be subject to immediate suspension
or termination of service without further notice.
We reserve the right, to drop the section of IP space
involved in Spam or Denial-of-Service complaints if it is clear
that the offending activity is causing great harm to parties on
the Internet. In particular, if open relays are on your network
or a customer's network, or if denial of service attacks are originating
from your network. In certain rare cases, we may have to do this
before attempting to contact you. If we do this, we will contact
you as soon as is feasible.
Suspension of Service or Cancellation: The DutchNet.biz
Network reserves the right to suspend network access to any customer
if in the judgment of the The DutchNet.biz Network network administrators
the customer's server is the source or target of the violation of
any of the other terms of the AUP or for any other reason which
The DutchNet.biz Network chooses. If inappropriate activity is detected,
all accounts of the Customer in question will be deactivated until
an investigation is complete. Prior notification to the Customer
is not assured. In extreme cases, law enforcement will be contacted
regarding the activity. The customer will not be credited for the
time the customer's machines were suspended.
The DutchNet.biz Network reserves the right to amend
its policies at any time. All Sub-Networks, resellers and managed
servers of The DutchNet.biz Network must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate
Cancellation. You will be held responsible for the actions of your
clients in the matter described on these Terms and conditions. Therefore,
it is in your best interest to implement a similar or stricter Terms
and conditions or otherwise called Acceptable Terms of use policy.
Indemnification: The DutchNet.biz Network wishes to
emphasize that in agreeing to the The DutchNet.biz Network Acceptable
Use Policy (AUP) and Terms of Service (ToS), customer indemnifies
The DutchNet.biz Network for any violation of the Acceptable Use
Policy (AUP) and Terms of Service (ToS) that results in loss to
The DutchNet.biz Network or the bringing of any claim against The
DutchNet.biz Network by any third-party. This means that if The
DutchNet.biz Network is sued because of a customer's or a customer
of a customer's activity, the customer will pay any damages awarded
against The DutchNet.biz Network, plus all costs and attorney's
fees.
Miscellaneous Provisions: You must provide us with,
and keep current, good contact information for you. E-mail, fax,
and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision
of this Agreement by Subscriber shall not operate as or be construed
as a continuing or subsequent waiver thereof or as a waiver of any
breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement
without the prior written consent of the Company. Company may assign
Agreement at anytime without consent from or notice to Subscriber.
Company reserves right to cancel customers rights under this contract
at anytime without further obligation.
The DutchNet.biz Network takes no responsibility for
any material input by others and not posted to the The DutchNet.biz
Network Network by The DutchNet.biz Network. The DutchNet.biz Network
is not responsible for the content of any other websites linked
to the The DutchNet.biz Network Network; links are provided as Internet
navigation tools only. The DutchNet.biz Network disclaims any responsibility
for any such inappropriate use and any liability to any person or
party for any other person or party's violation of this policy.
The DutchNet.biz Network is not responsible for any
damages your business may suffer. The DutchNet.biz Network does
not make implied or written warranties for any of our services.
The DutchNet.biz Network denies any warranty or merchantability
for a specific purpose. This includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by The DutchNet.biz Network.
It is absolutely forbidden to host pornographic content
or IRC servers on Virtual Server Accounts. Virtual Server Accounts
found hosting this material will be subject to immediate cancellation
without refund.
Responsibility for Content: You, as The DutchNet.biz
Network's customer, are solely responsible for the content stored
on and served by your The DutchNet.biz Network server.
Abuse Towards Our Staff or Network Staff: Abuse Towards
our staff or our network staff will not be tolerated, If you use
foul language, threaten us, or anything we may find offensive, we
may suspend your account, or if we decide it needs to be delete
it and offer no refund. Per Our AUP and TOS, We offer No Refunds.
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ACCEPTABLE USE POLICY
AUP ( Acceptable Use Policy )
The DutchNet.biz Network's Acceptable Use Policy ("AUP")
is provided to give our customers and users a clear understanding
of what The DutchNet.biz Network expects of them while using the
service. All users of The DutchNet.biz Network's Internet services:
those who access some of our Services but do not have accounts,
as well as those who pay a service fee to subscribe to the Services,
must comply with this AUP and our TOS (Terms of Service).
Use of The DutchNet.biz Network Service constitutes
acceptance and agreement to The DutchNet.biz Network's AUP as well
as The DutchNet.biz Network's TOS (Terms of Service)
IMPORTANT NOTICE: *All Payments To The DutchNet.biz
Network Are Non-Refundable*
We support the uncensored flow of information and
ideas over the Internet and do not actively monitor subscriber activity
under normal circumstances. Similarly, we do not exercise editorial
control over the content of any web site, e-mail transmission, newsgroups,
or other material created or accessible over or through the services,
except for certain proprietary Web sites. However, in accordance
with our TOS (Terms of Service), we may remove any materials that,
in our sole discretion, may be illegal, may subject us to liability,
or which may violate this AUP. The DutchNet.biz Network may cooperate
with legal authorities and/or third parties in the investigation
of any suspected or alleged crime or civil wrongdoing. Your violation
of this AUP may result in the suspension or immediate termination
of either your The DutchNet.biz Network account or other actions
as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand
of The DutchNet.biz Network's Acceptable Use Policy. The following
are guidelines for the establishment and enforcement of The DutchNet.biz
Network's AUP:
Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well
as the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities
which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression
and exchange of information
Preserve the privacy and security of individual users
The DutchNet.biz Network intends to provide its customers access
to everything the Internet has to offer. While the The DutchNet.biz
Network is firmly committed to the principles of free speech, certain
activities that may be damaging to the resources of both the The
DutchNet.biz Network and the Internet and cannot be permitted under
the guise of free speech. The resources of the The DutchNet.biz
Network and the Internet are limited, and abuse of these resources
by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts
except for measurements of system utilization and the preparation
of billing records. However, in our efforts to promote good citizenship
within the Internet community, we will respond appropriately if
we become aware of inappropriate use of our service.
You may not use your dedicated rack or virtual site
to publish material, which The DutchNet.biz Network determines,
at its sole discretion, to be unlawful, indecent or objectionable.
For purposes of this policy, "material" refers to all
forms of communications including narrative descriptions, graphics
(including photographs, illustrations, images, drawings, logos),
executable programs, video recordings, and audio recordings.
If a The DutchNet.biz Network account is used to violate
the Acceptable Use Policy or our TOS, we reserve the right to terminate
your service without notice. We prefer to advise customers of inappropriate
behavior and any necessary corrective action, however, flagrant
violations of the Acceptable Use Policy will result in immediate
termination of service. Our failure to enforce this policy, for
whatever reason, shall not be construed as a waiver of our right
to do so at any time.
As a member of our network community, you must use
your Internet access responsibly. If you have any questions regarding
this policy, please contact us at abuse@DutchNet.biz
VIOLATIONS OF The DutchNet.biz Network ACCEPTABLE
USE POLICY
The following constitute violations of this AUP:
Illegal use: The DutchNet.biz Network's services may
not be used for illegal purposes, or in support of illegal activities.
The DutchNet.biz Network reserves the right to cooperate with legal
authorities and/or injured third parties in the investigation of
any suspected crime or civil wrongdoing.
Harm to minors: Use of the The DutchNet.biz Network
service to harm, or attempt to harm, minors in any way, including,
but not limited to child pornography.
Threats: Use of the The DutchNet.biz Network service
to transmit any material (by e-mail, uploading, posting or otherwise)
that threatens or encourages bodily harm or destruction of property.
Harassment: Use of the The DutchNet.biz Network service
to transmit any material (by e-mail, uploading, posting or otherwise)
that harasses another.
Fraudulent activity: Use of The DutchNet.biz Network
service to make fraudulent offers to sell or buy products, items,
or services, or to advance any type of financial scam such as "pyramid
schemes," "ponzi schemes," and "chain letters."
Forgery or impersonation: Adding, removing or modifying
identifying network header information in an effort to deceive or
mislead is prohibited. Attempting to impersonate any person by using
forged headers or other identifying information is prohibited. The
use of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail
(SPAM) Use of the The DutchNet.biz Network service to transmit any
unsolicited commercial or unsolicited bulk e-mail is expressly prohibited.
Violations of this type will result in the immediate termination
of the offending The DutchNet.biz Network account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or
services on their server that support spammers or cause any of our
IP space to be listed in any of the various Spam Databases will
have their server immediately removed from our network. The server
will not be reconnected until such time that you agree to remove
ANY and ALL traces of the offending material immediately upon reconnection
and agree to allow us access to the server to confirm that all material
has been COMPLETELY removed. Severe violations may result in immediate
and permanent removal of the server from our network without notice
to the customer. Any server guilty of a second violation WILL be
immediately and permanently removed from our network without notice.
E-mail / News Bombing: Malicious intent to impede
another person's use of electronic mail services or news will result
in the immediate termination of the offending The DutchNet.biz Network
account.
E-mail / Message Forging: Forging any message header,
in part or whole, of any electronic transmission, originating or
passing through the The DutchNet.biz Network service is in violation
of this AUP.
Usenet SPAMing: The DutchNet.biz Network has a zero
tolerance policy for the use of its network for the posting of messages
or commercial advertisements, which violate the rules, regulations,
FAQ or charter of any newsgroups or mailing list. Commercial messages
that are appropriate under the rules of a newsgroup or mailing list
or that are solicited by the recipients are permitted.
Unauthorized access: Use of the The DutchNet.biz Network
service to access, or to attempt to access, the accounts of others,
or to penetrate, or attempt to penetrate, security measures of The
DutchNet.biz Network's or another entity's computer software or
hardware, electronic communications system, or telecommunications
system, whether or not the intrusion results in the corruption or
loss of data, is expressly prohibited and the offending The DutchNet.biz
Network account is subject to immediate termination.
Copyright or trademark infringement: Use of the The
DutchNet.biz Network service to transmit any material (by e-mail,
uploading, posting or otherwise) that infringes any copyright, trademark,
patent, trade secret or other proprietary rights of any third party,
including, but not limited to, the unauthorized copying of copyrighted
material, the digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and the unauthorized
transmittal of copyrighted software.
Collection of personal data: Use of the The DutchNet.biz
Network service to collect, or attempt to collect, personal information
about third parties without their knowledge or consent.
Network disruptions and unfriendly activity: Use of
the The DutchNet.biz Network service for any activity which affects
the ability of other people or systems to use The DutchNet.biz Network
Services or the Internet. This includes "denial of service"
(DOS) attacks against another network host or individual user. Interference
with or disruption of other network users, services or equipment
is prohibited. It is the Member's responsibility to ensure that
their network is configured in a secure manner. A Subscriber may
not, through action or inaction, allow others to use their network
for illegal or inappropriate actions. A Subscriber may not permit
their network, through action or inaction, to be configured in such
a way that gives a third party the capability to use their network
in an illegal or inappropriate manner. Unauthorized entry and/or
use of another company and/or individual's computer system will
result in immediate account termination. The DutchNet.biz Network
will not tolerate any subscriber attempting to access the accounts
of others, or penetrate security measures of other systems, whether
or not the intrusion results in corruption or loss of data.
Fraud: Involves a knowing misrepresentation or misleading
statement, writing or activity made with the intent that the person
receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade
Secret, or Intellectual Property Right: Distribution and/or posting
of copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses: Intentional distributions
of software that attempts to and/or causes damage, harassment, or
annoyance to persons, data, and/or computer systems are prohibited.
Such an offense will result in the immediate termination of the
offending account.
Inappropriate Use of Software: Use of software or
any device that would facilitate a continued connection, i.e. pinging,
while using The DutchNet.biz Network services could result in suspension
service.
Third Party Accountability: The DutchNet.biz Network
subscribers will be held responsible and accountable for any activity
by third parties, using their account, that violates guidelines
created within the Acceptable Use Policy.
Violation Of The DutchNet.biz Network Virtual Accounts:
It is absolutely forbidden to host pornographic content or IRC servers
on Virtual Server Accounts. Virtual Server Accounts found hosting
this material will be subject to immediate cancellation without
refund.
IRC networks: It is absolutely forbidden to host an
IRC server that is part of or connected to another IRC network or
server. Servers found to be connecting to or part of these networks
will be immediately removed from our network without notice. The
server will not be reconnected to the network until such time that
you agree to completely remove any and all traces of the irc server,
and agree to let us have access to your server to confirm that the
content has been completely removed. Any server guilty of a second
violation will result in immediate account termination.
Unlimited Accounts: Unlimited Accounts are indeed
unlimited. These accounts are not to be used to host a collection
of MP3's, Warez, Backup Your Home Computer. They accounts may also
not be used as a download distribution point for your bundled software.
It is to be used for standard web practices and only standard web
practices. If you have a questionable concern open a ticket with
the helpdesk. If you know your site is going to use an un-normal
usage, and sign up knowing this, we will require you to get a dedicated
server. If you have any questions in regards to this contact our
helpdesk. Un-Normal usage is anything that a shared server would
not be able to provide. Again Contact us for approval if you feel
you will fall into this clause. These accounts are no longer offered
and are grand fathered in.
Resellers: Resellers are responsible for enforcing
the AUP and TOS to all of their clients. If their clients are found
to be not following them, The DutchNet.biz Network will suspend
the offending site and let the reseller know. Resellers are responsible
for anything their clients do. If you have any questions or concerns
in regards to what is allowed and not allowed open a ticket with
the helpdesk at http://helpdesk.DutchNet.biz
Streaming Video and Audio: Streaming Video and Audio
is not permitted on our servers. You must zip the content to prevent
this if you wish to have it hosted, and as everything else this
content must be legal content and can not have someone else's copyright.
Egg Drop - Egg Drop Scripts are Not allowed, These
are grounds for immediate account deletion without a refund.
IRC - IRC Client or Server in any form is not permitted
on our network.
Legal - If it is not legal in the United States of
America, It is not permitted to reside on our server. If site is
found to be violating it will be terminated.
Adult Material - Adult Content is allowed on all servers
Shared Hosting Clients - Chinese Forums - Chinese
Forums are not allowed on our network. These sites require to much
CPU usage. They almost require a dedicated server to run properly.
If they are found on any server we will suspend them, and charge
an admin fee if they are the cause of a CPU overloaded. Admin charges
are usually about 25$ Per Hour.
Shared Hosting Clients - ANIME - Anime Sites are welcome
on our shared servers as well as dedicated HOWEVER, if it affects
the use of others on Shared, it will be immediately suspended and
requested you go dedicated.
Shared Hosting Clients - Remote MySQL Access - Accessing
Your MySQL Databases from another server or linking to them is prohibited.
We provide hosting not MySQL server database space. If your databases
are accessed via other servers the account will be suspended without
notice and or terminated.
OS Reloads - Operating System Reloads are considered
to be Admin time and come with a charge of $75 Dollars each time
they are requested.
Security
You are responsible for any misuse of your account,
even if the inappropriate activity was committed by a friend, family
member, guest or employee. Therefore, you must take steps to ensure
that others do not gain unauthorized access to your account. In
addition, you may not use your account to breach security of another
account or attempt to gain unauthorized access to another network
or server.
Your password provides access to your account. It
is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized
users is prohibited. You should take care to prevent others from
using your account since you will be held responsible for such use.
Attempting to obtain another user's account password
is strictly prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent
or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication
or security of any host, network or account. This includes, but
is not limited to, accessing data not intended for you, logging
into or making use of a server or account you are not expressly
authorized to access, or probing the security of other networks.
Use or distribution of tools designed for compromising security
is prohibited. Examples of these tools include, but are not limited
to, password guessing programs, cracking tools or network probing
tools.
You may not attempt to interfere with service to any
user, host or network ("denial of service attacks"). This
includes, but is not limited to, "flooding" of networks,
deliberate attempts to overload a service, and attempts to "crash"
a host.
Users who violate systems or network security may
incur criminal or civil liability. The DutchNet.biz Network will
cooperate fully with investigations of violations of systems or
network security at other sites, including cooperating with law
enforcement authorities in the investigation of suspected criminal
violations.
Network Performance
The DutchNet.biz Network accounts operate on shared
resources. Excessive use or abuse of these shared network resources
by one customer may have a negative impact on all other customers.
Misuse of network resources in a manner which impairs network performance
is prohibited by this policy and may result in termination of your
account.
You are prohibited from excessive consumption of resources,
including CPU time, memory, disk space and session time. You may
not use resource-intensive programs which negatively impact other
customers or the performances of The DutchNet.biz Network systems
or networks. The DutchNet.biz Network reserves the right to terminate
or limit such activities.
REPORTING VIOLATIONS OF The DutchNet.biz Network AUP
The DutchNet.biz Network requests that anyone who
believes that there is a violation of this AUP direct the information
to the Abuse Department at abuse@DutchNet.biz.
If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including
the time zone or offset from GMT
Evidence of the alleged violation
E-mail with full header information provides all of
the above, as do system log files. Other situations will require
different methods of providing the above information. The DutchNet.biz
Network may take any one or more of the following actions in response
to complaints:
Issue written or verbal warnings
Suspend the Member's newsgroup posting privileges
Suspend the Member's account
Terminate the Member's account
Bill the Member for administrative costs and/or reactivation
charges
Bring legal action to enjoin violations and/or to
collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
The DutchNet.biz Network reserves the right to revise,
amend, or modify this AUP, our TOS (Terms of Service) and our other
policies and agreements at any time and in any manner. Notice of
any revision, amendment, or modification will be posted in accordance
with our TOS (Terms of Service).
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Dedicated Clients
The purpose of this Acceptable Use Policy is to enhance
the quality of the Services and to protect The DutchNet.biz Network
(DutchNet.biz) customers, and the Internet community as a whole,
from illegal, irresponsible, or disruptive Internet activities.
This Policy applies to each Customer and its employees, agents,
contractors or other users of such Customer who obtain Services
from DutchNet.biz. Each User should use common sense and good judgment
in connection with the Services.
I) Prohibited Uses
A. Utilize the Services to send mass unsolicited e-mail
to third parties.
B. Utilize the Services in connection with any illegal
activity. Without limiting the general application of this rule,
Users may not:
(i) Utilize the Services to copy material from third
parties (including text, graphics, music, videos or other copyrightable
material) without proper authorization.
(ii) Utilize the Services to misappropriate or infringe
the patents, copyrights, trademarks or other intellectual property
rights of any third party.
(iii) Utilize the Services to traffic in illegal drugs,
illegal gambling, obscene materials or other any products or services
that are prohibited under applicable law.
(iv) Utilize the Services in any manner that violates
applicable law.
C. Utilize the Services in connection with any tortious
or actionable activity. Without limiting the general application
of this rule, Users may not:
(i) Utilize the Services to publish or disseminate
information that (A) constitutes slander, libel or defamation, (B)
publicizes the personal information or likeness of a person without
that person’s consent or (C) otherwise violates the privacy rights
of any person.
(ii) Utilize the Services to threaten persons with
bodily harm, to make harassing or abusive statements or messages,
or to solicit the performance of acts or services that are illegal
under applicable law.
D. Utilize the Services in connection with any other
disruptive or abusive activity. Without limiting the general application
of this rule, Users may not:
(i) Utilize the Services to cause denial of service
attacks against DutchNet.biz or other network hosts or Internet
users or to otherwise degrade or impair the operation of DutchNet.biz
servers and facilities or the servers and facilities of other network
hosts or Internet users.
(ii) Utilize the Services to subvert, or assist others
in subverting, the security or integrity of any DutchNet.biz systems,
facilities or equipment.
(iii) Utilize the Services to gain unauthorized access
to the computer networks of DutchNet.biz or any other person.
(iv) Utilize the Services to provide passwords or
access codes to persons not authorized to receive such materials
by the operator of the system requiring the password or access code.
(v) Utilize the Services to (A) forge the signature
or other identifying mark or code of any other person, (B) impersonate
or assume the identity or any other person, or (C) engage in any
other activity (including "spoofing") to attempt to deceive
or mislead other persons regarding the true identity of the User
(excluding the use of anonymous remailer or Internet nicknames).
(vi) Utilize the Services to distribute or post any
virus, worm, Trojan horse, or computer code intended to disrupt
services, destroy data, destroy or damage equipment, or disrupt
the operation of the Services.
(vii) Utilize the Services to conduct port scans or
other invasive procedures against any server (except any server
for which the User is an authorized system administrator).
(viii) Utilize the Services to distribute, advertise
or promote software or services that have the primary purpose of
encouraging or facilitating unsolicited commercial e-mail or spam.
(ix) Utilize the Services to solicit or collect, or
distribute, advertise or promote, e-mail address lists for the purpose
of encouraging or facilitating unsolicited commercial e-mail or
spam.
(x) DutchNet.biz has no restrictions on contents.
Adult materials, MP3s, games, and audio/video streaming are permitted.
However, customers are strictly prohibited from using egg-drops,
IRC bots, warez materials and shell hosting services on DutchNet.biz
servers and network.
(xi) Utilize the Services in any other manner to interrupt
or interfere with the Internet usage of other persons.
II) Violations
DutchNet.biz expressly disclaims any obligation to
monitor its Customers and other Users with respect to violations
of this Policy. DutchNet.biz has no liability or responsibility
for the actions of any of its Customers or other Users or any content
any User may post on any Web site. DutchNet.biz reserve the right
to levy a penalty fee of $10.00 per violation of the Acceptable
Use Policy and Service Agreement.
A. Reporting Non-Copyright Violations. DutchNet.biz
encourages Users to report violations of this policy by e-mail to:
abuse@DutchNet.biz, including in any such report the name of the
offending domain and the type of abuse (i.e. spam, illegal acts,
harassment, etc.) in the "subject" field of the e-mail.
B. Reporting Copyright Violations. DutchNet.biz complies
with the Digital Millennium Copyright Act ("DMCA"). DutchNet.biz
encourages Users to report an alleged copyright infringement involving
a user by sending a notice to: support@DutchNet.biz
C. If DutchNet.biz learns of a violation of this Policy,
we will respond to the customer and may, in our sole discretion,
take any of the following actions, in accordance with the severity
and duration of the violation:
(i) Warning the Customer.
(ii) Suspending the offending Customer from the Services.
(iii) Terminating the offending Customer from the
Services.
(iv) Imposing fees or charges on the offending Customer
account in accordance with the applicable service contract.
(v) Removing the offending content.
(vi) Taking other action in accordance with this Policy,
the applicable service contract or applicable law.
III) Reservation of Rights
DutchNet.biz reserves the right to cooperate with
appropriate legal authorities in investigations of claims of illegal
activity involving DutchNet.biz Services, Customers and other Users.
DutchNet.biz reserves all other rights to respond to violations
of this Policy to the extent of applicable law and in accordance
with any applicable contractual obligations.
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