Acceptable Use Policy  / Terms of Service

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, DuraServer.Net, DuraServer.Com, and DuraServer Technologies, Inc. will be referred to as "DuraServer".

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

Anyone using DuraServer Network consents to the terms set forth in this document.

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 material or data 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 or unlawful.

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

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 contact information (whether given to
  DuraServer, to the InterNIC, or other parties including but not limited to domain registrars).

Security

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 fixing 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.

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 or 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.

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.

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 a.k.a. Newsgroups

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 http://www.cybernothing.org/faqs/net-abuse-faq.html

• 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.

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

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.

Anyone using DuraServer Network consents to the terms set forth in this document.