Dorado Business Systems
Acceptable Use Policies
These are the Acceptable Use Policies (AUP) of Dorado Business Systems.
All clients of Dorado Business Systems must abide by these
policies. Dorado Business Systems reserves the right to change and update these policies
as it sees necessary.
The primary purpose of Dorado Business System (DBS) hosting services is to facilitate
communication with the numerous computer networks commonly referred to
collectively as "the Internet." It is DBS's intention to allow DBS
users complete access to everything the Internet has to offer, with
minimal or no interference from DBS.
However, many of the individual networks or portions of the Internet
have specific guidelines for use. As the Internet expands, it is
increasingly common for an Internet Service Provider, such as DBS, to
be blocked from use of another organization's systems due to violations of
that system's guidelines. Because DBS runs multi-user systems, actions
of one DBS customer can have a severe impact on other customers'
ability to use the system(s). This is unfair to all DBS
To this end, Dorado Business Systems has developed these Acceptable Use Policies. They
are intended to inform DBS's Customers of what DBS considers to be
acceptable conduct in relation to the Internet, and to inform Customers
what actions DBS may take, with or without notice, in the
event that DBS becomes aware of inappropriate use of DBS's
service. This AUP will be used to help DBS system administrators deal
with complaints from users of DBS or other Internet-connected systems,
and to determine when action should be taken.It is expected that all
DBS Customers will follow the policies set forth herein. These
policies are drawn from applicable law and generally accepted standards of
Internet conduct, and are intended to ensure protection of DBS's
technical resources, ability to continue to provide high quality service
to its customers, and the protection of DBS's reputation as a service
ACCESS TO DORADO BUSINESS SYSTEMS SERVICES IS PROVIDED SUBJECT TO
THE FOLLOWING TERMS AND CONDITIONS:
Dorado Business Systems is provided on an "as is, as available" basis.
No warranties, express or implied, including, but not limited to,
those of merchantability or fitness for a particular purpose, are made
with respect to DBS or any information or software therein. You
release DBS from and DBS shall have no liability or responsibility
for any direct, indirect, incidental or consequential damages suffered
by you in connection with your use of or inability to use the DBS
services including, but not limited to, damages from loss of data
resulting from delays, non-deliveries, mis-deliveries, or service
interruptions, or due to inadvertent release or disclosure of
information sent by you even if the same is caused by DBS's own
negligence. Without limiting the generality of the foregoing, DBS
disclaims to the full extent permitted by applicable law any
responsibility for (and under no circumstances shall be liable for)
any conduct, content, goods and services available on or through the
Internet or the Dorado Business Systems services. In no event shall DBS's aggregate
liability exceed the amount paid by you to DBS for the DBS
services. Use of any information obtained via DBS's Internet service
is at the user's own risk. DBS specifically disclaims any
responsibility for the accuracy or quality of information obtained
through its services.
UNDER NO CIRCUMSTANCES SHALL DORADO BUSINESS SYSTEMS BE LIABLE FOR ANY INCIDENTAL, UNCONSEQUENTIAL, OR CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF DBS WAS INFORMED OF OR OTHERWISE AWARE OF THE POSSIBILITY THEREOF. In no event shall DBS's liability for direct damages incurred for any reason and upon any cause of action arising from or relating to this Agreement or the subject matter hereof exceed the fees paid to DBS by Customer hereunder in said term in which the damages are incurred.
Dordo Business Systems warrants that the services it performs in maintaining its Internet services will be rendered in a competent, professional manner. DBS does not warrant and specifically disclaims any representations that its Internet service will meet Customer's requirements or that their use will be uninterrupted or error-free. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, DBS DISCLAIMS ALL OTHER EXPRESSED WARRANTIES AND ALL WARRANTIES, DUTIES AND OBLIGATIONS IMPLIED IN LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DBS's limited warranty set forth herein is in lieu of all liabilities or obligations of DBS for damages arising out of or in connection with its Internet services.
DBS is not obligated to verify the accuracy of any information contained on Customer's page or verify that the information is any other way proper and acceptable, provided, however, that DBS reserves the right to:
A.) Modify or delete any information or graphics supplied by Customer in order to comply with current and future technical limitations and business requirements of the Internet service.
B.) Modify, delete or suspend dissemination or display of any information or graphics supplied by Customer if DBS receives any complaints about Customer's information or advertising:
- (i) being false, deceptive, unfair or inaccurate;
- (ii) violating another's intellectual property right; or
- (iii) containing language which defames or libels another or another's works.
- C.) Suspend dissemination and display of the Customer's Internet page, if Customer has not made a payment as required by this Agreement, or if DBS determines that the information on the Customer's Internet page will damage the reputation of DBS.
- The Customer is responsible for all use of the Customer's account(s) and
confidentiality of password(s), including choosing safe passwords and
ensuring file protections are set correctly. DBS will suspend access
or change access to Customer's account(s) immediately upon
notification by Customer that Customer's password has been lost,
stolen or otherwise compromised. DBS is not liable for any usage and
or charges prior to DBS making the necessary account alteration.
Electronic mail on this system is as private as we can make it.
DBS's Customers are reminded that no computer network can ever be
considered completely safe from intrusion. E-Mail may pass through many
computer systems, and should not be considered a secure means of
communication unless encrypted and even encrypted information is
only as secure as the encryption method utilized.
3. Personal Files
- Dorado Business Systems (DBS) is not responsible for any Customer's personal files residing on
DBS. The Customer is responsible for independent backup of the Customer's
data that is stored on DBS. DBS reserves the right to delete
any Customer 's personal files after one or both parties terminates the
service agreement between DBS and the Customer.
4. Non-Transferability of Account
- The right to use DBS's Internet service is not transferable. Use of
DBS accounts is expressly limited to the individual or business
whose name appears on the account and dependents of the account holder
living at the same address. A Customer may use no more than one
log-in session per account at any time. If a Customer has multiple
accounts, the Customer is limited to one log-in session per account at
5. Network Address Ownership
- Any network address assignments issued by DBS or the data center (i.e., IP addresses and
Class C address space) are the property of DBS or the data center and are considered to be loaned
to its customers. In the event service with DBS is discontinued for any
reason, such addresses will revert to DBS or the data center. If a Customer of DBS participates
in a service of DBS which provides for a unique Domain Name System (DNS)
entry, the Customer will retain ownership of the assigned Domain Name, but not
the IP address to which it was assigned by DBS.
6. Compliance with all Laws
- Customer agrees to use the service in a manner consistent with any and
all applicable laws and regulations of the United States of America, the Commonwealth
of Virginia, and the Customer's locality. Reproduction or transmission of
any material in violation of any local, state, U.S., or international
law or regulation is prohibited. The Customer agrees that any material to
be reproduced or transmitted on DBS's service through Customer 's
account(s) does not violate or infringe any copyright, trademark,
patent, statutory, common law or proprietary rights of others, or
contain anything obscene, libelous or threatening. Software intended
to facilitate any such violations or infringements may not be stored
on DBS. The Customer shall defend, indemnify and hold harmless DBS from
and against any claims, liabilities and expenses, including attorney
fees, resulting from any Customer's use of the DBS service or a Customer's
account in an unlawful manner or otherwise in violation of or contrary
to the Customer's Agreement with DBS or DBS's Acceptable Use Policies.
At DBS's discretion, DBS may revoke any Customer's access to DBS
services or accounts for inappropriate usage.
Customer represents and warrants to DBS that Customer owns or otherwise has the right to display and disseminate the information and content provided on the Customer's Internet page, and that such information and content does not infringe on the intellectual property rights of any third party. Customer represents and warrants that it has obtained, and currently has, any and all grants of rights from third parties which may be required to display text, graphics or other materials in the information contained on Customer's Internet page.
7. Unacceptable Conduct
The following types of conduct are grounds for immediate suspension of service pending investigation by DBS and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, DBS reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a DBS Customer as described in (a) and (b) below before such postings are forwarded:
(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic, according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate, including articles used for marketing or promoting a site which resides on the DBS network (Inappropriate Postings).
(b) Sending Unsolicited Business Emails (Spam) from DBS's Network. Spam is defined as 20 or more unsolicited messages sent simultaneously.
(c) Engaging in either Inappropriate Postings (a) or Spam (b) from a provider other than DBS for the express purpose of marketing a site which resides on the DBS network, or promoting a site on DBS's network through Spam from a non-related network. These tactics are defined as Spamvertisement.
(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by DBS.
(e) Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals or to individual business accounts.
(f) Impersonating another user or otherwise falsifying one's user name in E-Mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
(g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
(h) Use of IRC bots or clonebots on DBS, whether on IRC servers controlled by DBS or by other parties. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.
(i) Network unfriendly activity: Attempts to interfere with the regular workings of DBS's systems or network connections or which adversely affect the ability of other people or systems to use DBS services or the Internet, including, but not limited to:
any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other DBS system;
any use of this or any other DBS system as a staging ground to disable other systems.
(j) Any activity which violates the laws or statutes of the United States or the Commonwealth of Virginia.
8. Excess Utilization of System or Network Resources
- DBS account descriptions in some cases may specify limits on
bandwidth, CPU and disk utilization for certain types of Customers,
and use up to these limits is included in the price for that type of Customer. In the
event DBS determines that a Customer is exceeding
the bandwidth, CPU and/or disk utilization limits, the Customer will
be notified by E-Mail. If the excess use continues for more than 48
hours after such notification, the Customer may be requested to
upgrade to a web hosting service agreement or to modify the activity
creating the excess use. If excessive bandwidth, CPU or disk space
utilization is determined by DBS to adversely affect DBS's ability
to provide service for all customers, immediate action may be taken to
alleviate the problem. In such event, the Customer will be notified
by E-mail as soon as practicable.
9. Compliance with Rules of Other Networks
- Any access to other networks connected to DBS's Internet service must
comply with the rules for that other network as well as with DBS's
- DBS reserves the right to monitor any and all communications through
or with DBS facilities. Customer agrees that DBS is not considered
a secure communications medium for the purposes of the Electronic
Communications Privacy Act, and that no expectation of privacy is
afforded. It may become necessary for DBS or data center employees to examine
system accounting logs and other records to determine if privacy
violations or other network unfriendly activities have occurred. DBS
also reserves the right to access a Customer's mailbox or other files
stored on DBS systems to resolve system problems or mail system
11. Cooperation with Authorities
- DBS reserves the right to cooperate with law enforcement and other
authorities in investigating claims of illegal activity including, but
not limited to, illegal transfer or availability of copyrighted
material, postings or e-mail containing threats of violence or other
12. Confidentiality of Personal Subscriber Information
- DBS will not release a Customer's personal subscriber information,
nor a Customer's billing information, to any third party except upon
presentation of a valid court order of a government or entity within
our jurisdiction. Customer agrees that DBS's judgment as to the
validity of any court order of subpoena shall be considered proper
13. DBS's Right to Suspend or Cancel Account
- DBS reserves the right to suspend or cancel service to a Customer at
any time and without notice, for any reason, including, but not
limited to, refusal or failure to pay for services provided or by
sole judgment of DBS that the Customer may be performing activities
harmful to DBS or its Customers, employees, vendors, business
relationships or any other users of the Internet.
14. Right to Damages
- DBS reserves the right to collect damages (software, hardware and man
hours) if any harm is done to DBS which requires repair or
reconfiguration of any kind.
15. Other Remedies/Non-Waiver
- Nothing contained in these policies shall be construed to limit
action DBS may take or remedies available to DBS in any way with
respect to any of the described conduct. DBS reserves the right to
take any additional actions DBS may consider appropriate with respect
to such conduct, including without limitation taking action to recover
the costs and expenses of identifying offenders and removing them from
the DBS service, and levying cancellation charges to cover DBS's
costs in the event of disconnection of dedicated access for the causes
outlined above. In addition, DBS reserves at all times all rights
and remedies available to DBS with respect to such conduct at law or
in equity. Non-enforcement of any policy or rule herein does not
constitute consent or waiver, and DBS reserves the right to enforce
such policy or rule at its sole discretion.
16. DBS's Right to Change Service
- DBS reserves to right to change without notice the DBS service,
including, but not limited to, access procedures, hours of operation,
menu structures, commands, documentation, vendors and services
17. DBS's Right to Modify its Acceptable Use Policies
- DBS may modify its Acceptable Use Policies upon notice published
online via DBS. Customer's use of DBS services after such notice
shall constitute Customer's acceptance of the modifications to these
Customer agrees to defend, indemnify and hold harmless DBS and its owners, officers, shareholders, directors, employees, affiliates and subsidiaries from and against any and all claims, demands, liabilities, proceedings, damages, injuries, losses, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to:
- A.) Any acts or omissions by Customer undertaken in connection with the Internet page, including, without limitation, those arising out of or related to any branch of:
- (i) any Customer warranties, representations, or covenants hereunder;
- (ii) inaccuracy of any information, including false advertising claims and unfair competition claims;
- (iii) claims and investigations made by any Federal or State agency arising out of information contained on the Customer's Internet page.
- B.) Violations of any third-party intellectual property rights, or any claim of infringement, misappropriation or violation of a right of a third party (including, without limitation, a trade secret claim, a defamation or libel claim, or an obscenity claim).
19. Miscellaneous Provisions
19.1 - Prevention of Performance
The parties shall not be liable for any delay or failure of performance of this Agreement if such failure is caused by acts of God, war, governmental decree, power failure, judgment or order, strike, communications failure, equipment of software malfunction, or other circumstances, whether or not similar to the foregoing, which are beyond the reasonable control of such party.
19.2 - Entire Agreement
This instrument embodies the whole agreement between the contracting parties. There are no promises, representations, conditions, or terms other than those contained herein.
19.3 - Severability
The provisions of this Agreement are severable. If any provision is determined by a court of competent jurisdiction or a governmental regulatory entity to be invalid or unenforceable, in whole or in part, that provision shall be construed or limited in such a way as to make it enforceable, consistent with the manifest intentions of the parties. If such a construction or limitation is not possible, the unenforceable provision will be stricken, and the remaining provisions of this Agreement will remain valid and enforceable.
19.4 - Amendments
No modification, change, or alteration of this Agreement shall be effective unless in writing and signed by the parties hereto.
19.5 - Waiver
Failure by either party to insist upon the strictest performance or observance of any provision of this Agreement or to exercise any right or remedy arising out of this Agreement shall not be construed as a waiver of any right or remedy with respect to any existing or subsequent breach or default.
19.6 - Notices
Any and all written notices, communications, or payments shall be made to the respective parties at their addresses indicated in the first paragraph of this Agreement or at such other address as a party may indicate in a written notice to the other party to this Agreement.
19.7 - Governing Law
This Agreement shall be governed by the internal laws of the Commonwealth of Virginia and the parties hereto agree that the courts in the Commonwealth of Virginia shall have exclusive jurisdiction for any claims or disputes which may arise hereunder.
Questions should be directed to email@example.com.