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Acceptable Use Policy  / Terms of Service  / Policies of Operation (Customer Relations)

This page is a document, a binding instrument of our rules that is a DuraServer has created to combine both the  Customer/Provider commitment along with  a growing wealth of guidance, explanations and assistance.

There are both terms as well as plain language guidance and examples.

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Acceptable Use Policy ("AUP") and Terms of Service ("TOS") may be used interchangeably throughout DuraServer's  web site and documentation.

For the remainder of this document, DuraServer, or (Duraserver),  DuraServer.Net, DuraServer.Com, and DuraServer Technologies (Inc., LLC, PTR, or any format), including Tech as abbreviation for Technologies  will be referred to as "DuraServer" but even usage of any variant will remain to represent same.

For the remainder of this document, any servers, network equipment, devices, connections, and / or services may be referred to as "DuraServer Network".

Anyone using DuraServer Network consents to the terms set forth in this document. You hereby acknowledge and agree.

This Acceptable Use Policy ("AUP") sets forth provisions of acceptable use of DuraServer Network. All users of DuraServer Network are required to comply with this policy and all applicable laws and regulations in full, in addition to all terms and conditions of applicable agreements, and any additional policies that may be applicable to a specific service offered by DuraServer. DuraServer strives to provide its customers with the highest quality service available, for the type of service they are subscribed, while at the same time respecting the standards that have been created both within the Internet and community and by legislation. To the aforementioned, inappropriate or abusive activities and conduct will not be tolerated on DuraServer Network. DuraServer reserves the right to modify this AUP from time to time, without notice. Users of DuraServer Network are encouraged to review this AUP often for changes or new information. Please send questions, comments, or complaints regarding this AUP to abuse@duraserver.net

Responsibilities

Each user is responsible for complying with this AUP, and for providing assistance to DuraServer in investigating and resolving any issue, as DuraServer may request from time to time. Additionally, DuraServer customers and users are required to determine the conditions of, and comply with, the acceptable use policies or equivalent documents of all network(s) which their data transits.

Users will be held responsible for the actions of any third party agent that acts on behalf of, or for the benefit of, any end user, and such end users shall be held directly accountable for any violations of this AUP by third party agents.

DuraServer does not control the content of data residing on, or traversing DuraServer Network; accordingly, DuraServer assumes no responsibility for the content of any data or communication that may be transmitted over Duraserver Network.

Configuration

  • All systems which are connected to DuraServer Network shall be configured in accordance with industry standards, applicable laws and regulations, and in such a manner as to not cause harm or any other undesirable results as determined by DuraServer.

  • Systems connected to DuraServer Network shall not be configured in
    any manner which obscures system-identity information.

  • Proxy servers of any kind shall be configured in such a manner as to prevent
    unauthenticated use from the public Internet.

Reporting Obligations

Customers of DuraServer are responsible for immediately reporting to DuraServer any issue which could compromise the stability, service or security of any user or system connected to DuraServer Network.

Resellers or Downstream Service Providers

Resellers of DuraServer services are responsible for informing their customers of this AUP and for enforcing its restrictions with regard to their customers' actions. Breach or non-compliance of this AUP by a customer or end-user of a reseller shall be considered a violation of this AUP.


PROHIBITED USES

These lists are not meant to be exhaustive nor complete, but are merely illustrative of examples of inappropriate and improper conduct, which are prohibited on DuraServer Network.

Illegal Use

DuraServer Network may only be used for lawful purposes. The transmission, distribution, or storage of any data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to content, data, or activity which:

  • Infringes any copyright, trademark, trade secret, or other
    intellectual property right.

  • Violates export control laws or regulations.

  • Violates any party's confidentiality rights.

  • Constitutes use or dissemination of child pornography.

  • Is illegal, unlawful, or intentionally harmful to the welfare of others or the Internet itself.

  • Creates, delivers, or propagates SPAM on the Internet.

  • Delivers malware or harmful computer code hidden in web pages or email

No user shall utilize Duraserver Network in any way for hacking or attempting to gain access into any commercial, private or government network, system, or computer where the user does not have legitimate permission or authority to do so.

Individuals connecting to DuraServer Network without authority, or in excess of their authority are subject to having all their activities on this system monitored and recorded or examined by any authorized person, including law enforcement, as DuraServer deems appropriate. In the course of monitoring individuals improperly using the system or in the course of system maintenance, the activities of authorized users may also be monitored and recorded. Any material so recorded may be disclosed as appropriate.

Abuse and Adherence

The following general actions are considered "abuse" and are strictly
prohibited:

  • Any conduct which is inconsistent with generally accepted norms
    and expectations of the Internet community (whether or not detailed in this AUP). DuraServer reserves the right, in its sole discretion, to make a determination whether any particular conduct violates such norms and expectations.

  • Using DuraServer Network to transmit material that DuraServer believes
    to be illegal, or detrimental to DuraServer.

  • Forging of message headers or identity information, or taking
    any action with the intent of bypassing restrictions or limits on access to a specific service or site. This prohibition does not restrict the legitimate non-commercial use of pseudonymous or anonymous services.

  • Falsifying identity or fictitious documentation (whether given to DuraServer, to the InterNIC, IANA, ARIN, ICANN or other agencies of Internet usage and policy governance including but not limited to domain registrars).

 

 

Security and System Integrity

Users of DuraServer Network must configure their systems in a secure manner. Should a user's system be exploited by unauthorized persons, the user is responsible for both reporting the violation (where applicable), and then correcting the exploited system. For instance, should the security of a mail server be compromised to distribute unsolicited emails, the user is responsible for immediately re-configuring the system to prevent further unauthorized use.

Users are prohibited from interfering or attempting to interfere with services ("Denial of Service Attacks"), whether intentionally or through neglect, of any other user, host, or network. The prevention of "unintentional attacks", such as infection and subsequent propagation of computer viruses, are the responsibility of every user: anti-virus software should be installed on every system which connects to DuraServer Network.

Users are prohibited from injecting, intentionally or negligently, false or unauthorized network control data into DuraServer Network, for instance in the form of incorrect routing tables or DNS information.

Credit Card, Banking, and Personal Information Storage (When Applicable)

Website, Database, and Hosted Application subscribers or customers of DuraServer are prohibited and forbidden from storing any of their customers' credit card information, banking information, and/or personal security information on or in DuraServer equipment, servers, mass data storage drives or arrays, NAS devices, or hosted websites whether in database or text file form, whether in encrypted or unencrypted form to the extent such information or data can be readily utilized to generate fraudulent financial transactions or perform criminal acts against the persons of whom such data or information belongs, without first obtaining written acknowledgement from DuraServer that such practice(s) are to be employed. Any Website, Database, or Hosted Application subscriber or customer of DuraServer assumes the full burden of liability, cost of regulatory compliance, and any related server or system configuration or programming fees that DuraServer may charge for services necessary to be rendered. Whether acknowledged in writing by Duraserver or performed without the knowledge of DuraServer, the Website, Database, or Hosted Application subscriber or customer of DuraServer assumes any and all responsibility for the aforementioned credit card, banking, or personal information being stored and voluntarily assumes any and all liability for potential damages to the person or party  who's information has been stored, arising from the misuse, theft, or leakage of said information. Any Website, Database, or Hosted Application subscribers or customers of DuraServer storing said information expressly indemnifies and hold harmless DuraServer in its entirety of entities, owners, staff, subcontractors, subsidiaries, affiliates, partner companies, and interconnected infrastructure providers from any and all liability arising from said information being stored. For the scope of this paragraph, the words store, stored, and storage of such data also extend to, and are considered absolutely equal to the collection or throughput of, even if temporarily cached, for the purpose of retransmitting to an unrelated third party data or information storage or processing agency, company, or facility.

Payments, Acceptance, and Methods:
If payment is via check form, DuraServer will only accept funds tendered in United States Dollars from U.S. onshore banks. DuraServer is to be paid in advance and in full for any services provided in accordance with the billing cycle negotiated and depicted on invoices. The absence of a cyclical or singular invoice being generated and supplied to a customer is in no way a waiver of the applicable fees due. DuraServer reserves the right to add or remove payment methods as seen necessary or as desired. DuraServer does not obligate itself to accept any specific types or methods of payment be it manual, automatic, Internet online, US Postal, money orders,  credit card, debit card, ACH transfer, PayPal®, etc.

E-Mail
Users are prohibited from engaging in improper use or distribution of electronic mail ("e-mail"). Users are strictly prohibited from engaging in any of the following activities:

  • Sending unsolicited mass commercial or non-commercial e-mail ("spamming") for
    any purpose whatsoever.

  • Having third parties send out commercial emails on any user's
    behalf .Using DuraServer Network to receive replies from unsolicited emails (commonly referred to as "drop-box" accounts).

  • Configuring any email server in such a manner that it will accept
    third party emails for forwarding (commonly known as an "open mail relay"). If a site has roaming users who wish to use a common mail server, the mail server must be configured to require some form of user
    identification and authorization.

  • If such a server should be the property of DuraServer, the customer, client, or account holder utilizing the server is responsible for the proper monitoring of their email accounts and configuration of any email client software (including portable tablets and email-enabled smart phones) as to accomplish the same as in the preceding.

  • Email auto-responders are detrimental to the traffic levels and performance of the Internet and networks due to causing a second return email for every one received. Spammers cause email auto-responders to send an auto-response back to the unknowing forged sender. Business email accounts have a legitimate use for the auto-responder when away on vacation or out sick to maintain their own clients' confidence in the business email user. HOWEVER, email auto-responders and auto-away responses MUST INDICATE it is an automatic reply for whatever reason AND MUST include in a brief subject that it is an auto reply or response. The body of THE EMAIL AUTO RESPONDER BODY MUST be concise, state the user's message, and MUST INCLUDE a short disclaimer that if the email auto-responder was received in error, that the it was possibly an automatic reply to someone who utilized them as a return address.  AUTO-RESPONDERS MUST be turned off as soon as practical when no longer needed AND MAY NOT INCLUDE ANY ADVERTISEMENT CONTENT.

  • Since email auto-responders that become abused by incoming spam email effectively make the auto-responder owner a spammer too, this effect places the auto-responding domain name and IP number in jeopardy of being placed on black lists, and becoming blocked from sending email to accounts hosted by other service providers. DuraServer thereby reserves the OPTION TO DISABLE email auto-responders should misuse, overuse as judged by DuraServer, or should a DuraServer IP number become blacklisted or judged to be a candidate for blacklisting by the various spam tracking database organizations.

  • Website Reply Forms. DuraServer reserves the option to block, disable, or prevent the output of email from a website based form of any nature, blog, bulletin board, or any website component observed to be presenting outbound email of a nature as described in the "immediately prior paragraph" that blacklists or jeopardizes a DuraServer IP number or numbers of being blacklisted for sending spam.

  • Hacked Websites. DuraServer reserves the option to take off line or block from the Internet any website, server, or IP that has become hacked or compromised whether hosted on a DuraServer-owned  server or collocated server;  if discovered by external complaint, network monitoring, traffic audit, or maintenance; that such website, server, or IP is emitting copious spam email or serving the public any web page containing malware, virus distributing, or visitor attack scripting. Prompt notification attempt will first be made to any such hacked website owner to as a courtesy alert to make their own immediate corrections and offer any available options prior to disconnection from the public Internet.

Mass or commercial email may be sent only to recipients who have expressly requested receipt of such e-mails, by the sending of an email request to the person performing the mass or commercial mailings. This exchanging of requests, acknowledgements, and final confirmations (commonly referred to as a "double opt-in" process) must be adhered to in their entirety for any mass or commercial email to be considered "solicited" by DuraServer. Returned email messages (commonly called Bounces) due to changed or invalid addresses MUST be monitored AND REMOVED from any further emailing to a defunct, invalid, or non-functional  email address.

Users that send mass or commercial e-mail are required to maintain complete and accurate records of all e-mail subscription requests, specifically including the email and associated headers sent by every subscriber, and to immediately provide DuraServer with such records upon request of DuraServer. Subscriptions that do not have a specific recipient generated email request associated with them are invalid, and are strictly prohibited.

In the absence of positive, verifiable proof to the contrary, DuraServer considers complaints by recipients of e-mails to be de-facto proof that the recipient did not subscribe or otherwise request the e-mail(s) about which a complaint was generated.

Usenet,  Newsgroups, Bulletin Boards, Blogs
Usenet and Newsgroups will continue to be referred to though their popularity has given way to the Blog, Bulletin board, and Discussion forum community, however newsgroups remain to exist.

DuraServer recommends that users not post to any newsgroup until they have familiarized themselves with the subjects, established guidelines, and restrictions of such newsgroups. All Usenet guidelines and restrictions are incorporated herein by reference, and users of DuraServer Network agree to adhere to such guidelines unconditionally.

Without limitation of the foregoing, it is strictly prohibited to engage in any of the following activities:

  • Making any posting for commercial purposes (including without
    limitation the pointing to specific URLs for commercial purposes), except where such postings are expressly permitted under the charter and/or Frequently Asked Questions (FAQ) of an applicable newsgroup.

  • Posting binary files to newsgroups whose charter or name does
    not include allowances for such files.

  • Canceling newsgroup postings other than your own, or using
    auto-responders or cancel-bots (except in cases of official newsgroup moderators performing their duties).

  • "Excessive Cross-Posting" (ECP) or "Excessive Multi-Posting"
    (EMP), or "Usenet spam": DuraServer retains the exclusive right to define these and other terms, however, we will generally defer to the definitions found at the free online encyclopedia sites.

  • Disrupting newsgroups with materials, postings, or activities
    that are (as determined by DuraServer in its sole discretion), excessive, or repetitious, unless such materials or activities are expressly allowed or encouraged under the newsgroup's name, FAQ, or charter.

  • Performing any unauthorized creation, cancellation, or removal
    of newsgroups.

The legitimacy of a given post or cancellation is generally determined by the official newsgroup or mailing-list moderator, therefore, DuraServer will usually defer to their judgment on these issues, however, DuraServer retains the exclusive right to make these determinations.

Domain Names
Are most often relative to site and email hosting services.

Domain names procured and maintained by customers via their choice of registrars and pointed to DuraServer for hosting by full DNS or by host record are indisputably the sole property and material of that customer for the entire duration they maintain said domain name in accordance with the ICANN and any other Internet governance agency regulations. Should a severing of business relationship occur, that customer is absolutely free to readjust their DNS or registrar host records to point to any other hosting provider of their choice. DuraServer does not currently charge any extra fee for receiving a hosted customer's inbound host record nor for maintaining simple DNS for website and email. For providing DNS services to website and email non-hosted customers, as well as for website and email hosting customers having complex DNS configurations Duraserver may charge a recurring nominal fee determined on a per-case basis. Should Duraserver register a domain name for a customer via a registrar of DuraServer's choosing, DuraServer reserves the right to bill a markup for that service, administrative activity, and expiration and renewal tracking efforts. DuraServer will perform this service and bill it as a rental domain name for experimental web development projects, temporary websites or permanent full scale web and email hosting services. If such customer takes possession of said domain name, prior to its registration expiration; by transferring it to the customer's choice of registrars and performing the administrative, tracking, and renewal diligence; said domain name then becomes the sole property and material of that customer as described in the first sentence of this paragraph. A domain name of a hosting services customer or non-customer who chooses to transfer or allow a domain to be transferred to the administrative control and handling of DuraServer for administrative purposes of DuraServer performing expiration protection registration renewal, domain name theft protection lock through registrar of DuraServer choice, valid registration with anonymity from advertisers, or simply convenience; after one expiration and matching renewal hence relinquishes any such domain to DuraServer as a rental domain name, paid for by customer renewed on a chosen periodic basis and administered by DuraServer shall be guaranteed for use by the related customer, website, and email services for the entire duration of customer's hosting services. Such rental domain names are not portable should customer cease web or email hosting since DuraServer has received possession of domain name.  Upon cessation of any hosted services a customer utilizing a rental domain name, the domain name is not portable since it had been relinquished active or passively to DuraServer and the domain name will remain in the DuraServer domain name pool until such time DuraServer disposes of the name, maintains its active registration at DuraServer expense for use as a demo, rental for an experimental web developer project, short term website or full website and email hosting account. DuraServer makes every attempt to monitor and abide by  guidelines for domain names issued by the appropriate Internet policies governance organizations regulating domain name issuance and registration ICANN.  Domain names that have become DuraServer rental domains are most often safer from accidental loss to those few unscrupulous overpriced registrars as we are the administrator, registrant, and the technical firm who watches for upcoming expirations, renews the registration and keeps a solid registrar lock on all domain names from malicious or accidental transfer (bordering on theft) to prevent a well-intentioned accounts payable employee in a customer's business from acting upon a  borderline fictitious "renew your expiring domain name now" notice received via US Postal, as they continually scan for upcoming expirations to target and attempt to "trick into thinking you're registered with them", in our well-informed opinion.

Remedies

Remedies by DuraServer for infractions of any terms set forth in this document, may include but not be limited to: service suspension until infraction has been corrected; disconnection of service or equipment; termination of account or service; and prosecution if necessary. DuraServer shall not be liable for refund, discount, rebate, or other remuneration for the intentional or deliberate interruption, suspension, cancellation, or disconnection of services, accounts, or equipment  by DuraServer in the enforcement of the terms set forth in this document.

Indemnification and Hold Harmless

Though DuraServer strives to provide the highest levels of system availability and performance, DuraServer will be held harmless and not liable, financially or otherwise, directly, indirectly, or consequentially due to equipment or system downtime, unavailability or other circumstances beyond our immediate control.(1)

No equipment, IP route, infrastructure, service, or product of Duraserver, or of its operational affiliates, partners, or providers, is intended for use in medical, life saving, or life-sustaining applications without the prior, advance formal written consent and agreement between the applicable parties herein.

Anyone, customer, subscriber, or network or equipment user making use of the services of DuraServer Network and/or DuraServer's authorized interconnected infrastructure consents to the terms set forth in this document, indemnifies, and holds harmless DuraServer, its operating entities, owners, partner companies and affiliates, and interconnected infrastructure providers (Duraserver, et al.), as to the preceding paragraph; and the liability(1), if any of DuraServer (1)shall be limited to the reimbursement or of fees paid to, or nullification of fees due to DuraServer, its affiliates, partner companies, or interconnected infrastructure providers on a pro rata basis, any period of service disruption. Except as specifically allowed for in the preceding sentence; in no event shall DuraServer, et al. be liable for any damages whatsoever, including but not limited to, without litigation, direct, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to DuraServer, et al. including its equipment, interconnected infrastructure, website(s) relative to information contained within or information omitted, personnel, staff, or ownership, whether such damages arise in contract, negligence, tort, under any statute, in equity, at law, or otherwise.  DuraServer has made the best effort to serve its customers well and makes no false promises..

Legal Jurisdiction, Venue, Discrepancy, and  Inconsistency
Any suit, action, or such brought against DuraServer shall default to the State of New Jersey, USA in statute, law, and physical venue, however DuraServer is permitted without contest to agree to, or demand alternative venue of  choice by DuraServer in statute, law, and physical location. Should DuraServer file or bring action, suit, or such, relative to ANY matters, it shall be the sole discretion of DuraServer as to the choice of venue in physical location and statute and law as permitted by ANY laws or statutes that DuraServer utilized in making such a choice. Should any content herein be in conflict with governing law and statutes of United States of America, State of New Jersey that any such conflicting item in this document shall yield to the laws and statutes of the venue declared as default in the first sentence of this paragraph. In any event should this page (document / instrument) contain sections, paragraphs, or policies inconsistent with each other or with the statutes and laws of the aforementioned default venue, those discrepancies or inconsistencies shall be invalidated, however it shall be at the discretion of  DuraServer partial or total invalidity.

Acknowledgement, Errors, omissions, typographical misprint, and unavailability of this page via Internet
DuraServer shall be held harmless and exempt from errors in this page in the form of typographical, electronic rendering, nomenclature and content to also include content that is conflicting or outdated since the inception of this page. This page was made to be permanently available on the Internet at the duraserver.net domain and IS ACKNOWLEDGED by any partie(ies) that adequate availability to read, copy, or print. It is further acknowledged that by paying any invoices generated by DuraServer referencing this document that any customer or recipient of services from DuraServer has given ample acknowledgement of this page and accepts the terms and conditions; and further by perpetuating an ongoing business relationship with DuraServer in whatever services or products are rendered.

TOS/AUP POLICIES changes, updates, adjustments, and ACKNOWLEDGEMENT of RECEIPT
It is the customer's responsibility to be cognizant of this page being an instrument and the fact that this document is periodically updated to reflect changes in the business climate as well as changes in the Internet and computer business field. Notices of document adjustments and changes will not be physically sent to every customer and prospect, it is publicly published herein, that on the first day of each calendar quarter this instrument of policy reinforces itself.

 

2002-2012 Duraserver™ Technologies, Inc. All Rights Reserved.

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