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DaFirm
Studio - Acceptable Use Policy
(Last Updated 11-04-06)
Use and Misuse of the Services
All complaints of abuse, violation and misuse of the
Services, whether described in this section or otherwise,
shall be investigated promptly. If you are not sure if
your actions will be an abuse, violation or misuse, please
ask first: abuse@dafirmonline.com. You are responsible for
all use of your website, with or without your knowledge or
consent.
You agree to use the Services only for lawful purposes, in
compliance with all applicable laws. Illegality includes,
but is not limited to, drug dealing; attempting without
authorization to access a computer system; pirating
(distributing copyrighted material in violation of
copyright law, specifically MP3s, MPEGs, ROMs, and ROM
emulators); gambling; schemes to defraud; trafficking in
obscene material; sending a message or having content that
is obscene, lewd, lascivious, filthy, or indecent with
intent to annoy, abuse, threaten, or harass another
person; threatening bodily harm or damage to individuals
or groups; violating U.S. export restrictions; stalking;
or violating other state or federal law, such as the
Electronic Communications Privacy Act, the Computer Fraud
and Abuse Act, or the Economic Espionage Act. Linking to
illegal material is also prohibited.
When DaFirm Studio becomes aware of possible violations of
this Agreement, DaFirm Studio may initiate an
investigation that may include gathering information from
you and the complaining party, if any, and examination of
material on DaFirm Studio's servers. DaFirm Studio, in its
sole discretion, will determine what action will be taken
in response to a violation on a case-by-case basis.
Violations of this Agreement could subject you to criminal
or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD
DAFIRM STUDIO HARMLESS FROM ANY CLAIMS RELATING TO ANY
ACTION TAKEN BY DAFIRM STUDIO AS PART OF ITS INVESTIGATION
OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT
OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS
OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY
DAMAGES WHATSOEVER FROM DAFIRM STUDIO AS A RESULT OF
DAFIRM STUDIO'S DECISION TO REMOVE MATERIAL FROM ITS
SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR
TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A
SUSPECTED VIOLATION OR AS A RESULT OF DAFIRM STUDIO'S
CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER
APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
Use and Misuse of Materials
Materials in the public domain (e.g., images, text, and
programs) may be downloaded or uploaded using the
Services. You may also re-distribute materials in the
public domain. You assume all risks regarding the
determination of whether the material is in the public
domain.
You are prohibited from storing, distributing or
transmitting any unlawful material through the Services.
Examples of unlawful material include, but are not limited
to, threats of physical harm, child pornography, and
copyrighted, trademarked and other proprietary material
used without proper authorization. Pornography and
sex-related merchandising, or links to such material, even
if legal, are not acceptable uses of DaFirm Studio's
servers. You may not post, upload or otherwise distribute
copyrighted material on DaFirm Studio'S servers without
the consent of the copyright holder.
Unacceptable uses of website content also include the
presence of the following programs or the activities
associated with them, regardless of whether or not any
actual intrusion results in the corruption or loss of
data: server broadcast messages or any message sent on an
intrusive basis to any directly or indirectly attached
network; attempts to circumvent any user authentication or
security of host, network, or account; accessing data not
intended for user; probing the security of any network;
spawning dozens of processes; port scans, ping floods,
packet spoofing, and forging router information; denial of
service attacks, sniffers, flooding, spoofing, ping
bombing, smurfs, winnuke, land and teardrop; promulgation
of viruses; and IRC bots, such as eggdrop or BitchX.
DaFirm Studio supports free speech on the Internet and
will not suspend or cancel your account simply because it
disagrees with your views expressed at your website.
However, examples of unacceptable activities include
posting private information about a person without his or
her consent, defaming a person or business, and knowingly
making available code that will have a deleterious effect
on third-party computers. Where there are allegations that
your on-line activity has violated the legal rights of a
third party, DaFirm Studio will not substitute itself for
a court of law in deciding tort claims raised by the third
party.
Email Use
Unacceptable affronts to netiquette and unacceptable
activities include, but are not limited to, the following:
spamming (sending unsolicited advertising to those with
which you have no existing business relationship and
posting off-topic advertising in newsgroups); spoofing
(using a return email address that is not the valid reply
address of the sender or sending an email message that
does not contain enough information to enable the
recipient to identify you); passive spamming (promoting a
website hosted by DaFirm Studio by spamming from some
other source); trolling (posting controversial messages in
newsgroups to generate responses); mailbombing (inundating
a user with email without any serious intent to correspond
or sending large or multiple files to a user); generating
a higher volume of outgoing mail than a normal user (over
10% of available system resources); propagating chain
letters; and subscribing someone else to an electronic
mailing list without that person's permission. A message
is considered unsolicited if it is posted in violation of
a newsgroup charter or sent to a recipient who has not
requested the message. Making an email address available
to the public does not constitute a request to receive
messages. Distribution of mass emailing programs is also
prohibited. All recipients on a mailing list must have
personally subscribed. Mailing lists may not be used to
distribute unsolicited email. If you are repeatedly
mailbombed or attract such behavior, the Services will be
terminated.
You should not send email to any user who does not wish to
receive it, either at DaFirm Studio or elsewhere. DaFirm
Studio recognizes that email is an informal medium;
however, you must refrain from sending further email to a
user after receiving a request to stop.
You may not alter the headers of email messages to
disguise their identity or to prevent users from
responding to the messages. DaFirm Studio may disclose the
usernames of accounts responsible for forged email
messages to system administrators or users requesting the
information.
Violations of the DaFirm Studio policies outlined herein
can sometimes result in massive numbers of email
responses. If you receive so much email that DaFirm Studio
resources are affected, DaFirm Studio staff may shut down
your mailbox.
System Security
You are prohibited from utilizing the Services to
compromise the security of system resources or accounts on
servers at DaFirm Studio or at any other site. Use or
distribution of tools designed for compromising security
or containing viruses or trojans are prohibited. Examples
of these tools include, but are not limited to, password
guessing programs, cracking tools or network probing
tools.
If you are involved in violations of system security,
DaFirm Studio reserves the right to release all usernames
of users involved in such violations to system
administrators at other sites in order to assist them in
resolving security incidents. DaFirm Studio will also
fully cooperate with law enforcement authorities in
investigating suspected lawbreakers.
System Resources
System abuse includes any use of DaFirm Studio resources
that disrupts the normal use of its servers or services
for others. Examples of system abuse include running
excessive numbers of processes or consuming excessive
amounts of CPU time, memory or disk space.
Any usage of 10% or more of DaFirm Studio's system
resources is an undue burden on DaFirm Studio's system and
is unacceptable. If your usage ever exceeds 10% of system
resources, your account may be terminated immediately and
without prior notice. Further, running programs in the
background on a DaFirm Studio server without DaFirm
Studio's prior written authorization, or running chat
rooms, Internet Relay Chat, IRC bots, mailing lists that
send more then 1,000 emails a day and the like are not
acceptable uses of DaFirm Studio's servers. |