ACEPTABLE USE POLICY ("AUP")

This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of Duoware Technology. ("Company") governing the use by the Customer ("Customer") of the Company's services and products ("Services and Products"). The AUP is not an all inclusive exhaustive list and the Company reserves the right to modify the AUP at any time as needed. Acceptance and execution of the Services Agreement binds all parties to Company stated AUP at the time the contract is executed and as modified from time to time. Any violation of the AUP may result in the suspension or termination of Customer service(s) or such other action as the Company deems appropriate. No credits will be issued for any interruption in service resulting from policy violations.
VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES THE CUSTOMER RECEIVES FROM THE COMPANY.


Any questions or comments regarding the AUP should be directed to 

 

system and network security

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Company investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:

  • Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
  • Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
  • Executing any form of network activity that will intercept data not intended for the Customer's service.
  • Circumventing user authentication or security of any host, network or account, including "cracking."
  • Interfering with or denying service to any user, host, or network (example: denial of service attack or distributed denial of service attack).
  • Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers ("spoofing") or other identification information.
  • Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.

 

BANDWIDTH OVERAGE POLICY

Bandwidth is defined as amount of Data Transfer used per month.
If Customer exceeds their monthly bandwidth limit, they will be alerted via email and have 14 days to purchase an additional bandwidth block. If this action is not taken, Company reserves the right to charge Customer "Bandwidth Overage" Charges at $1.00/Gigabyte per month charged yearly and pro rata to current hosting plan. If Overage Charge Payment is not made within 14 days of invoice being raised, all services associated with hosting plan will be suspended and subject to a $20 re-activation fee.
Email Spam. Company has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Company whether or not the message actually originated from our network.
Block Removal. If Customer actions have caused Company mail servers or Company IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, Customer will be assessed a $100 charge to Customer account and $100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

  • Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
  • Header Forgery: Forgery of email headers ("spoofing") is prohibited.
  • Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
  • Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.

Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Company upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.
Mailing Lists: Company's mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

 

COPYRIGHT INFRINGEMENT

Transmission, distribution, or storage of any information, data or material in violation of English Law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights; including creating, utilizing, distributing unauthorized copies of software, or the use of BitTorrent or other types of technologies utilized in the distribution of illegally copied materials. If Customer copies, distributes or installs software in defiance of the license agreement, Customer is violating federal copyright law. Company will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our datacenters.

 

HOSTING POLICY

Data Unlawful or Against the AUP: Promoting violation of the law or the AUP by hosting data that facilitates the violation is prohibited, including but not limited to:

  • Hosting web pages that detail the methodology of committing unlawful acts, or acts violating this AUP.
  • Hosting software, scripts, or other resources intended to facilitate committing unlawful acts, or acts violating this AUP.
  • Advertising, transmitting, storing, or using any software, script, program, product, or service designed to violate this AUP.
  • Harvesting. The collection of email addresses, credit card information, or other personal information for fraudulent use or sale is prohibited.
  • Phishing. Hosting web pages with forwards to, containing scripts or executables for, or any other component of an operation designed to fraudulently collect authentication, credit card, names, addresses, or any other personal data ("phishing") is not permitted. Spamvertised Sites. Hosting web pages advertised by spam sent from another network ("spamvertised") is not permitted.

 

high resource use policy

Resources are defined as memory and/or processor utilisation.
Company may implement the following policy to its sole discretion:

  • When a website is found to be monopolising the resources available Company reserves the right to suspend that site immediately.

This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.

 

fraud policy

By agreeing to this AUP, Customer affirms that the contact and payment information provided to Company identifies Customer and that Customer is authorized to use the payment method. Commitment of fraud, obtaining services, or attempting to obtain services by any means or device with intent to avoid payment is prohibited.

 

transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
Please contact our support team at if you need assistance transferring your files.

 

inodes

The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

 

reseller policy

Resellers are responsible for the conduct of their customers, and by agreeing with this AUP, agree that their customers will adhere to the AUP. Resellers should make their perspective customers aware of the AUP and the consequences for violation.

 

INVESTIGATIONS, DISRUPTIONS, & SECURITY

Duoware Technology reserves the right to disable service or terminate service and/or to remove content in order to investigate suspected violations of this AUP or of the Terms of Service without first giving notice. The cost of any investigation will be charged to the Customer at $100 per hour, in addition to charges for attorneys’ fees and related expenses (if any). Duoware Technology furthermore reserves the right to disable the Customer’s service if Duoware Technology suspects that such service is the target of an attack or in any way interferes with services provided to other Customers, even if the Customer is not at fault. Duoware Technology does not issue refunds for terminating service due to any of the causes specified above. The Customer is responsible for the use of its service, including transfer and bandwidth, even use by unauthorized users or hackers. The Customer is responsible for maintaining security, including disaster recovery systems and backups. (The Customer is advised to maintain backups on its own premises.)

 

VIOLATIONS OF THE AUP WILL RESULT IN THE FOLLOWING:

  • A warning notification via email with 72 hours notice for resolution.

72 hours is the standard notification; situations involving law enforcement, phishing, fraud, password harvesting, network interference, Denial or Disruption of service, IRC mis-use, or other malicious activity can reduce the notification time frame.


Failure to resolve the AUP violation within 72 hours will result in the following:

  • Removal of the violating content or service
  • Removal of DNS for the site
  • Temporary shutdown of the service
  • Block on outgoing mail

Repeat violation of the above terms will result in the following actions.

  • Immediate disconnection of service with no re-activation.
  • $100 fee assessed to Customer account for violation.

 

MONITORING & DISCLAIMERS

Duoware Technology has no obligation to monitor its services but may do so and may disclose information regarding use of the services for any reason, including: to satisfy laws, regulations, or governmental, legal, or law-enforcement requests; to operate such service properly, or to protect itself and its customers. Duoware Technology may grant law enforcement agencies access to its equipment to monitor use of its services.

 

 

 

updated: 12-1-2011



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