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Acceptable Use Policy
1. INTRODUCTION The intent of DNAmail's Acceptable Use Policy (AUP) is improving the use of the DNAmail services by proactively preventing unacceptable use. All DNAmail's customers and customers of DNAmail's customers or any downstream customers including visitors of customers using DNAmail services must comply with this AUP.
In consideration of providing Internet connection services, DNAmail shall charge to the customers a periodic fee as stated in this agreement. The periodic fee shall be subject to change upon thirty days written notice. As a user of DNAmail, you agree that you are at least 18 years of age (or have permission from a parent or guardian to use this service) and will abide by the policies of DNAmail. It is understood that information on the Internet may be unedited, uncensored, and offensive to you. You access such information at your own risk. DNAmail does not censor or exercise editorial control over content on the Internet including any web sites, email, news groups, or anything that can be accessed through our services. We do reserve the right to remove anything that in our sole discretion violates this AUP, is illegal or may subject DNAmail to potential liability. DSL Extreme may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violating any terms listed in this AUP may result in suspension or termination or your account without notice. DNAmail reserves the right to refuse service to anyone.
2. VIOLATIONS OF DNAMAIL'S ACCEPTABLE USE POLICY The following are violations or DNAmail's AUP:
Illegal Use: As a user of DNAmail, you agree not to use the service in a manner that violates any local, state or federal law.
Harm to others: Using the services to harm others, including but not limited to minors.
Threats & Harassment: You agree not to use the Internet for abusive, profane, libelous, slanderous, threatening or otherwise harassing posts.
Fraudulent Activity: Using the service to make or participate in fraudulent activity including financial scams.
Unsolicited Broadcast Email and Unsolicited Commercial Email (SPAM): Please see Section 3 of this AUP.
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. Using
deliberately misleading headers in news postings in order to avoid spam email address collectors is allowed.
Copyright or Trademark Infringement: Using the service to transmit any material that infringes any copyright, trademark, patent, trade secret, or other propriety rights
of a third party.
Collection of personal data: Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Reselling the services: Reselling the Services without DNAmail's authorization.
Network disruptions and unfriendly activity: Using the Services for any activity which adversely affects the ability of other people or systems to use DNAmail's 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 customer's responsibility to ensure that their network is configured in a secure manner. A customer may not,
through action or inaction, allow others to use their network for illegal or inappropriate actions. A customer 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.
Hosted & Personal Websites: Web space may be provided for personal and business customers at DNAmail. Content of those sites must conform to local, state and federal
ordinances. DNAmail reserves the right to remove content that is pornographic, deemed to be offensive, or violates trademark or copyright laws, at its sole discretion.
DNAmail does not provide training or technical support for Web site development.
3. UNSOLICITED BROADCAST EMAIL AND UNSOLICITED COMMERCIAL EMAIL (SPAM) DNAmail has zero tolerance for Unsolicited Broadcast Email and Unsolicited Commercial Email (UBE/UCE), commonly known as “Spam”, whether originating from customers, from customers' customers, or from customers that provide services which are used to support spam. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to spam, is prohibited.
What does DNAmail consider spam:
DNAmail defines spam as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender, including but not limited to advertising, surveys, information pieces, third party spamming, website addresses, sales, and auctions.
DNAmail's customers, and customers of DNAmail's customers or any downstream customers, are prohibited from sending and shall not allow their connection to DNAmail to be used for sending spam. DNAmail customers are responsible for ensuring that they, their customers, and their respective agents and contractors abide by this policy. DNAmail's customers will be held responsible for all traffic either sent via their connection to DNAmail or sent elsewhere using Internet services provided via their connection to DNAmail. "Internet services" includes hosting websites, electronic mailboxes, telephony gateways, IRC servers, sale of spamming software or other similar services.
Reporting of spam activity and possible repercussions:
DNAmail may block traffic to and from the IP address involved in the spam complaint (i.e. suspend the account) until DNAmail is convinced that the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. If DNAmail receives repeat complaints indicating that a problem has not been resolved, DNAmail may suspend or cancel the offenders account, at their sole discretion. DNAmail may charge customer and customer shall pay $1000.00 per valid spam complaint of which DNAmail is notified.
DNAmail also reserves the right to block traffic to and from the IP address (es) involved in hacking, and/or port scanning or other malicious activity.
In addition, from time to time, DNAmail blocks third party IP addresses that DNAmail believes are used for the distribution of spam or are designated as open relays. Any blocking of such IP addresses shall prevent DNAmail customers from sending or receiving traffic to and from such IP addresses.
DNAmail also reserves the right to cancel an account of a known or alleged spammer without any notice at their sole discretion.
Receipt of Spam:
DNAmail does not accept unsolicited commercial email as defined by California Business and Professions Code Section 17538.45. DNAmail defines "spam mail" as any email addressed to a person with whom the sender does not have a prior relationship with, sent without the express consent of the recipient. California has several laws regarding spam email that apply not only to DNAmail members, but also to anyone using DNAmail to deliver mail. (including delivering mail to a DNAmail address) One of these laws provides for a $50/spam up to a $25,000 penalty/day for spamming, defining spam in the following manner: "It is addressed to a recipient with whom the initiator does not have an existing business or personal relationship" and "It is not sent at the request of or with the express consent of the recipient." These laws may be found at http://www.spamlaws.com/state/ca1.html We reserve the right to press charges under the appropriate laws in addition to the charges we impose upon a user who has violated this acceptable use policy.
4. REPORTING VIOLATIONS OF DNAMAIL'S AUP DNAmail requests that anyone who believes that there is a violation of this AUP direct the information to our abuse department, at: abuse@dnamail.com
If available, please provide the following information:
The IP address used to commit the alleged violation Evidence of the alleged violation.
Spam email should be forwarded as attachments to ensure that all header information is included. DNAmail will take action to ensure that complaints are addresses in an appropriate manner which may include:
Suspension of the offenders account
Cancellation of the offenders account
Suspension of specific services including but not limited to mail, newsgroup, personal web space usage, port blocking and Internet connectivity.
5. REVISIONS TO THIS AUP DNAmail reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement 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 the Internet Service.
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