DHC - Data Hosting Center
Acceptable Use Policy
Document Last Revised on 7/9/2004

1. Introduction
Data Hosting Center is a provider of web hosting and other Internet related services. This Acceptable Use Policy ("AUP") is designed to increase the quality of our services and content that we provide to our customers by preventing the illegitimate and unacceptable use of our services. In this AUP we define two types of “users” that are involved in the use of services at DHC, and the term “user” itself is defined as anyone who uses our services, however indirectly. A customer is defined as anyone who pays for and receives services from DHC. A visitor is anyone who is engaged in the use of such services, but does not directly pay for such usage. Both customers and visitors, hence users, are bound by this agreement and required to abide by it under all circumstances. DHC supports the free flow of information and ideas over the Internet and we do not actively monitor our customers or services under normal circumstances. DHC does not exercise control over the content of any web site, email, electronic data transmission, forum, or any other content that is created or accessible through our service, unless we have a proprietary need to do so. We may remove content if it violates any of our policies, as solely based on our own discretion, but since we do not monitor such content it does not fall within our duties to do so. Content might also be removed if it were deemed illegal, slanderous to us or others, creates a situation of liability, or violates this AUP or any other DHC policy. DHC will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Any violations to this agreement could result in the suspension or termination of your account. Violations may also result in the banning of access to any of our services or to any of our customer’s services. This “AUP” policy, along with all of our other written policies, should be read and followed carefully.

2. Disclaimer of Content
Due to the Internet’s openness and sometimes explicit nature, DHC cannot be held responsible for any content that is disseminated to and from the Internet, whether or not the content is illegal or harmful in any manner. Every user must carefully make his or her own best judgment when deciding the level of accuracy of any information received over the Internet. DHC forewarns that any information disseminated to and from the Internet might often be sexually explicit, inaccurate, slanderous, or otherwise harmful. Therefore we disclaim all liability to such information, and since the Internet is an open and global form of communications, we will not attempt to monitor it.

3. Spam Policy
The emailing of spam will not be tolerated under any circumstances and such practices will trigger the immediate termination of your account. Spamming is defined as sending mass emails, such as unsolicited bulk and/or commercial messages over the Internet. Furthermore, if a customer’s spam damages the reputation or damages user attitudes towards DHC, then we may seek legal action or reparations against the spammer. Our definition of spam as defined within this document will often vary from the legal definition of spam, and therefore it is the customer’s responsibility to contact our sales office by email or phone if they have any questions relating to what might be considered spam. Spam is exceedingly harmful to us and our customers both because of its negative impact on our services and the possibility for disruption of service. We also prohibit the use of an SMTP open relay in order to further prevent spam and the unwarranted use of our email system. If a customer has been deemed to be engaged in the activities of spam, such as determined by a reasonable review of evidence by DHC, then they will automatically forego any rights to a refund and lose any current balances owed to them by DHC. Emails that are properly solicited and have the receiver’s approval are not considered spam, but even these types of mass mailings are disallowed if they cause an excessive load on our email servers or disruption of our email services. If you have received spam from what looks like is one of our members, you can report it to: abuse@datahostingcenter.com.

4. Pornographic or Sexually Explicit Material
This type of material is specifically prohibited. Promotion of this type of material, even if indirectly, is also prohibited by this "AUP" as well as by other policies at DHC. If you are unsure if your site or any content you are dealing with falls into this category, then please contact us for more information via email at: sales@datahostingcenter.com.

5. Other Violations of this Policy

a. Unlawful use.
Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.

b. Harm to minors.
Using the Services to harm, or attempt to harm, minors in any way.

c. Threats.
Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

d. Harassment.
Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.

e. Fraudulent activity.
Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes" or chain letters.

f. 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.

g. Unsolicited commercial email/Unsolicited bulk email.
Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.

h. Unauthorized access.
Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of DHC 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.

i. Copyright or trademark infringement.
Using the Services to transmit any material (by email, 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.

j. Collection of personal data.
Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

k. Reselling the services.
Reselling the Services without DHC's authorization.

l. Network disruptions and unfriendly activity.
Using the Services for any activity which adversely affects the ability of other people or systems to use DHC 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, network services or network equipment is prohibited. It is the subscriber'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.

m. Forums and Newsgroups.
Users should always use their best judgment when posting to any newsgroup or forum. Many groups have charters, published guidelines, FAQs, or "community standards" describing what is and is not considered appropriate. Usenet can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group's "intended" use. Please familiarize yourself with basic Usenet netiquette before posting to a newsgroup.

n. Prolonged Resource Usage.
Using an account at a volume that disrupts the service for others is prohibited. The Services are intended for active, but periodic use of email, newsgroups, file transfers, web programming, web pages, Internet chat, games, and related web site services. Running web applications or programs that consume enough resources to directly disrupt or affect the quality of service for others is expressly prohibited. Accordingly, DHC maintains the right to terminate any customer's term if they do not follow the agreement carefully. Generally, DHC will notify the customer that their usage is beyond what is acceptable and require the customer to change to a plan that is more suitable for the customer's usage.

6. REPORTING VIOLATIONS
If you know of a violation of this acceptable use policy, then please report it to the abuse department which can be contacted via email at abuse@datahostingcenter.com

Please be descriptive about the abuse and provide all of the following information you have:
Email Subject: A short description summarizing the overall violation
Violator: The IP address, user name, email address, or any other information you have about the user or users that committed the alleged violation(s). Please include all information that you have available.
Date & Time: The date and time of the alleged violation, including the time zone.
Evidence: Any and all evidence of the alleged violation that you have available to you. Emails with full header information and syslog files provide some of the above information. Some instances will require different combinations of the above information.

DHC may take any combination of the following actions in response to complaints, as evidence would infer:
• Notify the violator by written or verbal communication.
• Suspend the subscriber’s account or certain privileges on that account.
• Immediately terminate the account in question.
• Charge the subscriber for any damages, administrative costs, or other related charges.
• In extreme circumstances, DHC may bring legal action for the violations such as to collect damages incurred by DHC or damages incurred by another party.

7. Revisions to this policy.
DHC reserves the right to amend this AUP as well as any other policy or agreement at any time. Notice of any modification is sent out by email, found in our announcements, or located at other "well-known" publically accessible areas of our web site.