DC BLOX Inc. and its affiliates (“DC BLOX”) provide a variety of information, internet access, network, and technology related services (the “Services”). DC BLOX has formulated this Acceptable Use Policy (AUP) to ensure the appropriate use of the Services and the DC BLOX network, systems, and facilities (the “Infrastructure”) by our customers, partners, end-users, and any other parties (the “User”) who access or use the Services and or Infrastructure.
All Users of DC BLOX Services and Infrastructure must comply with this AUP. DC BLOX reserves the right to change this AUP and will post changes on the DC BLOX web site at http://www.dcblox.com/terms. User shall be held unswervingly accountable for any violation of this policy by User, on behalf of User, or any actual or attempted violation by a third party on behalf of a User. This policy does not supersede any stated contractual obligations or policies stated therein, this policy exists to supplement those agreements to ensure that DC BLOX resources and customers are protected.
Users of DC BLOX resources shall cooperate with DC BLOX in investigating and correcting any actual, apparent or reported breach of this AUP. Users shall be exclusively responsible for any material that they maintain, transmit, download, view, post, distribute, or otherwise access or make available using DC BLOX services or infrastructure. Users agree to promptly investigate all complaints and take all necessary actions to remedy any violations of this AUP.
A. DC BLOX Services or Infrastructure shall not be used to:
- Transmit, distribute or store information or material that:
- Is reasonably determined by DC BLOX, to be inappropriate, obscene, defamatory, threatening, abusive or that which violates a law, regulation, judicial order or public policy
- Violates the terms of this AUP, the terms of any applicable agreement with DC BLOX, or any other DC BLOX policy applicable through the agreement
- Adversely affects and or Interferes with the Services, Infrastructure or use of by other DC BLOX customers that may expose DC BLOX to criminal or civil liability
- Is harmful to or interferes with DC BLOX ‘s delivery of Services, the Infrastructure, or any connected third party networks, equipment, applications, services, or web sites (e.g. virus, malware, etc.)
- Infringes upon or violates any privacy, intellectual property, or other personal rights including, but not limited to: copyrights, patents, trademarks, trade secrets, design rights, intellectual rights or other proprietary data or information
- Is fraudulent, contains false, deceptive, misleading statements, claims, or representations
- Violates any acceptable public standard for internet usage
- Disrupt, degrade, impair, or violate the integrity or security of the Services or Infrastructure of any party including any activity that typically precedes attempts to breach security, or other testing or vulnerability assessment activity, or engaging in or permitting any network activity that could result in the blacklisting or other blockage of DC BLOX IP space
- Disrupt (knowingly or not) the use of or interfere with the ability of others to effectively use the Services or Infrastructure or any connected network, system, service, or equipment to abuse a website (e.g. NTP attack, DDOS, SYN Flood, etc.)
- Transmit unsolicited bulk e-mail messages (Spam). Bulk e-mail may only be sent to recipients who have expressly requested receipt of such e-mail messages via an “opt-in” process, which must be adhered to in its entirety for any bulk e-mail to be considered “solicited” by DC BLOX. Users that send bulk e-mail must maintain records of all e-mail subscription requests, which must include the e-mail and headers sent by each subscriber, and to immediately provide DC BLOX with such records upon request
- Use another provider to send Spam to promote a site hosted on or connected to the Services or Infrastructure. If a site has multiple users who use a shared and common mail server, that mail server must require individual user identification and authorization
- Send e-mail messages:
- That are intended to harass or annoy others;
- To any recipient that has indicated that he/she does not wish to receive them
- With forged TCP/IP packet header information
- That are malicious of any kind
- Violate any charters, policies, rules or agreements disseminated or declared by any search engines, subscription web services, chat services, blogs, Web pages, etc. accessed via the Services or Infrastructure
- Violate the applicable acceptable use policies of other ISPs when data, content, or other communications are carried across the networks of such ISPs
B. DC BLOX’s Rights and Remedies
Violation of this AUP is prohibited. DC BLOX has sole discretion in determining if a User action, inaction or use of DC BLOX’s Infrastructure or Services are in violation of this AUP. DC BLOX expressly reserves the right to pursue any and all remedies that it believes are necessary which include, but are not limited to, warnings (written or verbal), filtering, blocking, suspending, or terminating accounts, billing for administrative costs, reactivation charges or bringing legal action to enjoin violations and/or to collect damages, if any, caused by AUP violations. Such actions may be taken by DC BLOX without notice to User.
DC BLOX maintains the right to terminate any User that violates this AUP. Upon such a termination of Service, Users will remain financially responsible for any early termination fees that apply. Before taking such action, DC BLOX shall notify User in writing and afford User a commercially reasonable opportunity to remedy the alleged noncompliance with the AUP. No cure or notice period shall be required where the failure to comply represents, in DC BLOX’s sole opinion, an immediate and material threat to the integrity or security of the Infrastructure or Services. DC BLOX shall provide User with notice of the Service suspension as soon as is reasonably practical. No additional cure period will be afforded in the case of repeat violations of this AUP.
C. Additional Provisions
Notwithstanding the provisions above, the following provisions shall apply to those customers and its authorized representatives that have access to the Services. The provisions below are in addition to, and to the extent not in conflict with, the DC BLOX security or related policies.
- User and its authorized personnel shall adhere to and abide by all security and safety measures established by DC BLOX from time to time and set forth in the Customer Guide provided by DC BLOX to User or posted at DC BLOX facilities. User and its authorized personnel shall not: (a) touch, inspect, interface, or interfere with, use, misuse, or abuse any DC BLOX or third party’s property or equipment; (b) harass or interfere with the normal activities of any individual, including DC BLOX or other customers’ employees or authorized representatives; or (c) engage in or assist another in engaging in any activity that is in violation of the law or this AUP.
- Prohibited Items. User and its authorized personnel shall keep each customer area clean, free, and clear of debris and refuse. User shall not, except as otherwise agreed to in writing by DC BLOX: (a) place any material in the customer area which contains any combustible or hazardous material; (b) store any paper products or combustible materials of any kind in the customer area (other than equipment manuals); or (c) bring “Prohibited Materials” into any DC BLOX facility which includes, without limitation: food and drink; tobacco products; explosives and weapons; hazardous materials; alcohol and illegal drugs; magnets or electro-magnetic devices; radioactive materials; or photographic or recording equipment of any kind.
- DC BLOX has no responsibility for any material created, stored, maintained, transmitted, or accessible on or through the Services or Infrastructure. DC BLOX is not obligated to monitor or exercise any editorial control over such material. If DC BLOX becomes aware that any such material may violate this AUP and/or expose DC BLOX to liability, DC BLOX reserves the right to investigate and block access to such material, and suspend or terminate any Services without liability. DC BLOX shall cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of anyone that DC BLOX believes is responsible for such violation. DC BLOX reserves the right to implement mechanisms to prevent AUP violations. This AUP shall not limit in any way DC BLOX‘s rights, remedies at law or in equity that may otherwise be available.