Acceptable Use Policy

Introduction

Databasedynamics LLC henceforth referred to as “DD” core mission is to create highly functional web solutions for its customers. This Acceptable Use Policy serves that mission by encouraging the responsible use of DD services and by delineating the relatively narrow range of uses of specified DD services that are contrary to DD’s mission, generally because such uses either pose an unacceptable risk to the stability, integrity, or quality of DD systems or the systems of its vendors, or harm (or threaten to harm) the rights and interests of third parties. This Acceptable Use Policy supplements your Service Agreement with us. Uses of the DD services described below are prohibited.

E-mail Services

You are solely responsible for the content of your transmissions through DD e-mail service. You agree to comply with all applicable local, state, national and international laws and regulations regarding e-mail communications and use. You agree: (a) to comply with U.S. law regarding the transmission of technical data exported from the United States through the e-mail service; (b) not to use the e-mail service for illegal purposes; and (c) not to interfere with or disrupt networks connected to the e-mail service. Without limiting the foregoing, you agree DD may terminate any e-mail account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail. You agree not to transmit through the e-mail service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You agree not to interfere with another customer's use and enjoyment of the e-mail service or another entity's use and enjoyment of similar services.

You agree that Databasedynamics LLC shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict transmission of material that it or any user of the e-mail service considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

Web Site Services

You may not use the Service (or any component thereof) or the DD Web Site for the activities listed below. In the event you violate this provision, this Agreement will immediately be terminated and you will no longer be able to use the Service (or any component thereof), the DD Web Site or the Web Site Manager Service. You are solely responsible for the content you furnish for inclusion in your DD Web Site. DD cannot and does not review or screen content you provide in your DD Web Site and does not assume any obligation to monitor such content. However, you agree that we may review your DD Web Site in responding to a third party complaint or for any other reason. You may not use the Service (or any component thereof), licensed DD Web Site or the Web Site “Instant Updateable” Service to display or otherwise use any material, content, software or information that contains any of the following: (a) material that violates local, state, federal or international laws; (b) any material that violates or infringes in any way the rights, including copyrights, trademark rights or other intellectual property rights of any third party; (c) hate propaganda; (d) fraudulent material or fraudulent activity; (e) any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate, all as determined by DD at its sole discretion; (f) any material that promotes, encourages, or provides instructional information about illegal activities; (g) any software, information, or other material that contains a virus, "Trojan Horse," corrupted data; or (h) any software or information to promote or utilize software or any of DD services to deliver unsolicited e-mail.

You understand that we reserve the right to conclude that your DD Web Site has content that is unsuitable in accordance with our standards, and we may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded and even if our opinion or suspicion is proven not to be well-founded or if we provide other customers DD Web Sites despite Web pages therein having the same or similar characteristics as your DD Web Site. You also understand that by providing you the tools to create an DD Web Site, DD in no way endorses your DD Web Site or deems your content to be suitable under the terms of this Agreement.

Web Forwarding

You may not use the Web Forwarding service to forward Internet users to any Web site that, if such Web site were provided by DD, would violate the provisions of this Acceptable Use Policy. In addition to the other limitations on use set forth herein, you may not use the Web Forwarding service for the activities listed below. In the event you violate this policy, the Service Agreement for the service will immediately be terminated and you will no longer be able to use the Web Forwarding service. You are solely responsible for the content you furnish for inclusion in any Web site to which you forward users. DD cannot and does not design, review or screen content you provide in Web sites to which users are forwarded, and DD does not assume any obligation to monitor such content. However, you agree that we may review any Web site to which users are forwarded through Web Forwarding in responding to a third party complaint or for any other reason. You may not use the Web Forwarding service to display or otherwise use (or forward users to any Web site that displays or uses) any material, content, software or information that contains any of the following: (a) material that violates local, state, federal or international laws; (b) any material that violates or infringes in any way the rights, including copyrights, trademark rights or other intellectual property rights of any third party; (c) hate propaganda; (d) fraudulent material or fraudulent activity; (e) any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate, all as determined by DD at its sole discretion; (f) any material that promotes, encourages, or provides instructional information about illegal activities; (g) any software, information, or other material that contains a virus, "Trojan Horse," corrupted data; or (h) any software or information to promote or utilize software or any of DD services to deliver unsolicited e-mail.

You understand that we reserve the right to conclude that the Web Forwarding service is forwarding users to a Web site that has content that is unsuitable in accordance with our standards, and we may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded and even if our opinion or suspicion is proven not to be well-founded or if we provide other customers Web Forwarding services that forward users to Web sites having the same or similar characteristics as the Web sites to which you are forwarding users. You also understand that by providing you the Web Forwarding service, DD in no way endorses the Web sites to which you are forwarding users, nor does DD deem the content of such Web sites to be suitable under the terms of this Acceptable Use Policy.

Instantly Updateable Programming

You may access and use the Instantly Updateable Programming Service for lawful purposes only and you are solely responsible for the knowledge and adherence to any and all laws, statutes, rules and regulations pertaining to Your use of the Service. You agree that You will not (i) use the Instantly Updateable Programming Service to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local state, Federal or international law or regulation; (ii) upload or otherwise transmit any content that You do not have a right to transmit under any law or contractual or fiduciary duty; (iii) interfere or infringe with any trademark or proprietary rights of any other party; (iv) interfere with the ability of other users to access or use the Instantly Updateable Programming Service; (v) claim a relationship with or to speak for any individual, business, association, institution or other organization for which You are not authorized to claim such a relationship; (vi) interfere with or disrupt the Instantly Updateable Programming Service or servers or networks connected to the Instantly Updateable Programming Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or (vii) reproduce, duplicate, copy, use, distribute, sell, resell or otherwise exploit for any commercial purposes any portion of the Instantly Updateable Programming Service.

DNS Manager Services

You shall not use the DNS Manager service, nor shall you knowingly or recklessly permit others to use the DNS Manager Services: (a) for any unlawful, invasive, infringing, defamatory, or fraudulent purpose; (b) to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; (c) so as to materially interfere with the use of DD’s network by other customers or authorized users; (d) in a manner that is inconsistent with DD’s routing policies, provided you have notice of such policies or such policies are publicly available on DD’s Web site; (e) in violation of the applicable acceptable use policies of DD’s backbone providers, provided you have notice of such policies or such policies are publicly available on such backbone providers' Web sites; (f) to alter, tamper with, adjust, repair or circumvent any aspect of the DNS Manager Service provided by DD; or (g) in a manner which, in DD’s opinion, is inconsistent with the generally accepted rules of Internet etiquette and conduct.

Violations

If DD determines in its sole discretion that your conduct violates the terms of this Acceptable Use Policy, DD may suspend, restrict, terminate, or take any other appropriate action with regard to your services without any obligation to refund fees paid. DD reserves the right to take such actions without notice to you. You understand that we reserve the right to conclude that your conduct is in violation of the standards set forth in this Acceptable Use Policy, and we may arrive at such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well founded, and even if our opinion or suspicion is proven not to be well founded. You agree that we, in responding to a third party complaint, reserve the right in our sole discretion to suspend or terminate the services subject to this Acceptable Use Policy without notice and with no obligation to refund fees paid.

Modifications to this Acceptable Use Policy

You agree that DD, in its sole discretion, may modify this Acceptable Use Policy. We will post any such revised policy on our Web site at least fifteen (15) calendar days before it becomes effective. Use of the DD services after the posting period constitutes acceptance of the modification.