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Acceptable Use Policies (AUP) and Terms of Service
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| Background |
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From time to time DataBack Systems may impose reasonable rules and
regulations regarding the use of its services. Such rules and
regulations are called Acceptable Use Policies (AUP) and are
posted on the internet at www.databack.com/aup/ The AUP
are not exhaustive and DataBack reserves the right to modify the
AUP at any time. In addition basic Terms of Service are listed
below. By paying for and using DataBack services, you agree to abide by the
AUP. Any violation of the AUP may result
in the suspension or termination of your account or such other
action as DataBack deems appropriate. An unlisted activity may
also be a violation of the AUP if it is illegal, irresponsible,
or disruptive use of the internet. No credits will be issued for
any interruption in service resulting from policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN
THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU
RECEIVE FROM DATABACK SYSTEMS. YOU SHALL REMAIN SOLELY LIABLE AND
RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT
THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF
THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION,
YOUR E- MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT
IS DATABACK'S POLICY TO TERMINATE REPEAT OFFENDERS. DATABACK
RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.
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| Internet Etiquette |
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The customer is expected to be familiar with and to practice good internet
etiquette (netiquette). The customer will comply with the rules appropriate to
any network to which DataBack may provide access. The customer should not post,
transmit, or permit internet access to information the customer desires to keep
confidential. The customer is not permitted to post any material that is
illegal, libelous, tortuous, indecently depicts children or is likely to result
in retaliation against DataBack by offended users. DataBack reserves the right
to refuse or terminate service at any time for violation of this section.
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| Copyright Infringement |
DataBack services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.
In compliance with the Digital Millenium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to:
DataBack Systems, 13230 SW Thatcher Drive, Beaverton, Oregon, 97008 or by e-mail to
abuse@databack.com
DataBack will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
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UCE
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Unsolicited commercial email (UCE) is defined by DataBack as any email sent for
purposes of distributing commercial information, soliciting the purchase or
sale of products or services or soliciting any transfer of funds to a recipient
who has had no prior contact with the sender.
Use of DataBack services to transmit UCE is expressly prohibited, as is hosting web sites or services on a
server which are advertised in any UCE. DataBack also prohibits the sending
of any fraudulent, malicious, harassing, false or misleading electronic
communications, including, without limitation, chain letters, pyramid schemes,
or emails with forged headers. Violations of this type may result in the
termination of the offending DataBack account.
Customers whose actions directly or indirectly result in DataBack IP space
being listed in any of the various abuse databases may be subject to having the
offending domain(s), server(s), or user(s) immediately removed. In addition, if
DataBack in its sole discretion determines that a customer is in violation of
our AUP, DataBack may, at its sole discretion, restrict, suspend or terminate a
customer's account. DataBack will, in most cases, attempt to contact a customer
prior to suspension or termination of a service, but can not guarantee prior
notification. Any service suspended or terminated for AUP violations will be
reconnected only after the customer agrees to cease all activities that violate
the DataBack AUP and pays all applicable reconnect fees and related charges.
Violation of DataBack's UCE policy may be reported to abuse@databack.com.
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Disclaimer
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DataBack reserves the right to test portions of any customer's email list in response to complaints and request opt-in information from a random sample of that list at any time.
DataBack reserves the right to determine in its sole discretion the validity of any customer's email list. Any list
DataBack determines in its sole discretion to be in violation of this AUP must be removed immediately or the customer will be subject to immediate suspension or termination. Repeated violations will result in permanent suspension.
DataBack reserves the right to test and otherwise monitor customer's compliance with the above guidelines and requirements at any time during the customer's term of service at
DataBack.
If DataBack determines in its sole discretion that the customer is not in compliance with the guidelines for permission-based
marketing, then DataBack may immediately suspend or terminate the customer's service.
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Terms of Service
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- Best effort - DataBack Systems LLC will use its best efforts
to maintain, but does not guarantee, the privacy of email, mailing lists, and the contents
of user accounts. Mailing lists are the property of the owner only and will not be resold
or used for any purpose without the customer's specific permission. "Customer" here
means the person or entity paying the invoice for the service.
- Prohibited material
- Distribution of any copyrighted material
without permission of the copyright owner is prohibited. Promotion of pornographic, adult, sexual or
illegal material is prohibited. We reserve the right to refuse marginally legal,
controversial or other objectionable material. The hassles to us and inconvenience to our
other clients are just not worth it. In short, we don't want such things on our servers. DataBack reserves the
right to remove from our servers without notice any material that, in DataBack's sole
opinion, may result in a violation of any federal, state, common or international laws or
which may be offensive to DataBack or to others.
- Waiver of implied
warranty - DATABACK SYSTEMS LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DataBack Systems does
not warrant either the results to be obtained from the service or that the service will be
uninterrupted or error free. Services are provided on an "as
is" basis without warranties of any kind, either express or implied. Neither DataBack
Systems nor anyone else involved in creating, producing, or delivering DataBack Systems
services shall be liable for any direct, indirect, incidental, special or consequential
damages arising out of the use of DataBack Systems, or the inability to use DataBack
Systems.
DataBack assumes no liability for any loss, injury, claim, liability or damage of any kind
- including loss of business, lost profits, lost data, or failure of security - resulting
in any way from Customers' use of DataBack services, including
without limitation any errors or omissions, any content, any delay or failure of
performance, or the unavailability or interruption of service.
- Indemnification
- The account holder will indemnify and hold
harmless DataBack Systems against any loss, damage, cost and expense which DataBack
Systems may incur or become liable for by reason of claims or actions for libel, violation
of privacy rights, plagiarism, copyright infringement, and claims arising in connection
with data transmitted pursuant to the terms and provisions of this agreement and any
claims or suits resulting from the Customer's use of the service including, without
limitation, the expense and cost of defending any and all such claims and actions, except
where such claims result solely from the negligence of DataBack
Systems' failure to
perform its obligations under this agreement. Termination of
service shall be Customer's
sole and exclusive remedy for any and all damages or injury.
- Spam blocking
- DataBack Systems LLC reserves the right to
reject mail to or passing through a hosted domain or any DataBack computer from any user,
domain, provider, IP address/netblock, or company that engages in, permits, or allows
itself to be used for spamming.
- This agreement shall be governed by and
construed in accordance with the laws of the state of Oregon. This agreement contains the
full understanding of the parties with respect to the subject matter hereof. Either party may
terminate service at any time for any or no reason in such party's sole
discretion. DataBack
Systems will not be liable for any damages or harm to the account holder resulting from
such termination.
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| Permission |
| Permission-based marketing is defined as electronic marketing that an end user agrees to receive. This is often referred to as 'opt-in' electronic marketing.
To see our recommendations for "doing it right",
Click
Here
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