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Dreaming Host's
Acceptable Use Policy ("AUP") is
provided to give our customers and users a
clear understanding of what Dreaming Host expects
of them while using the service. All users
of Dreaming Host's Internet services: those who
access some of our Services but do not have
accounts, as well as those who pay a service
fee to subscribe to the Services, must comply
with this AUP and our TOS (Terms of Service).
Use of Dreaming Host Service constitutes acceptance
and agreement to Dreaming Host's AUP as well as
Dreaming Host's TOS (Terms of Service)
We support the uncensored flow of information
and ideas over the Internet and do not actively
monitor subscriber activity under normal circumstances.
Similarly, we do not exercise editorial control
over the content of any web site, e-mail transmission,
newsgroups, or other material created or accessible
over or through the services, except for certain
proprietary Web sites. However, in accordance
with our TOS (Terms of Service), we may remove
any materials that, in our sole discretion,
may be illegal, may subject us to liability,
or which may violate this AUP. Dreaming Host may
cooperate with legal authorities and/or third
parties in the investigation of any suspected
or alleged crime or civil wrongdoing. Your
violation of this AUP may result in the suspension
or immediate termination of either your Dreaming Host
account or other actions.
This document is intended to provide a basic
understand of Dreaming Host's Acceptable Use Policy.
The following are guidelines for the establishment
and enforcement of Dreaming Host's AUP:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems
and network, as well as the networks and
systems of others
- Comply with existing laws
- Maintain our reputation as a responsible
service provider
- Encourage responsible use of the Internet
and discourage activities which reduce the
usability and value of Internet services
- Preserve the value of Internet resources
as a conduit for free expression and exchange
of information
- Preserve the privacy and security of individual
users
Dreaming Host intends to provide its customers
access to everything the Internet has to offer.
While Dreaming Host is firmly committed to the
principles of free speech, certain activities
that may be damaging to the resources of both
Dreaming Host and the Internet and cannot be permitted
under the guise of free speech. The resources
of Dreaming Host and the Internet are limited,
and abuse of these resources by one user has
a negative impact on the entire community.
We do not routinely monitor the activity
of accounts except for measurements of system
utilization and the preparation of billing
records. However, in our efforts to promote
good citizenship within the Internet community,
we will respond appropriately if we become
aware of inappropriate use of our service.
You may not use your server to publish material,
which Dreaming Host determines, at its sole discretion,
to be unlawful, indecent or objectionable.
For purposes of this policy, "material"
refers to all forms of communications including
narrative descriptions, graphics (including
photographs, illustrations, images, drawings,
logos), executable programs, video recordings,
and audio recordings.
If a Dreaming Host account is used to violate
the Acceptable Use Policy or our TOS, we reserve
the right to terminate your service without
notice. We prefer to advise customers of inappropriate
behavior and any necessary corrective action,
however, flagrant violations of the Acceptable
Use Policy will result in immediate termination
of service. Our failure to enforce this policy,
for whatever reason, shall not be construed
as a waiver of our right to do so at any time.
As a member of our network community, you
must use your Internet access responsibly.
If you have any questions regarding this policy,
please contact us.
VIOLATIONS OF Dreaming Host ACCEPTABLE USE POLICY
The following constitute violations of this
AUP:
1. Illegal use:
Dreaming Host's services may not be used for illegal
purposes, or in support of illegal activities.
Dreaming Host reserves the right to cooperate with
legal authorities and/or injured third parties
in the investigation of any suspected crime
or civil wrongdoing.
2. Harm to minors:
Use of the Dreaming Host service to harm, or attempt
to harm, minors in any way, including, but
not limited to child pornography.
3. Threats:
Use of the Dreaming Host service to transmit any
material (by e-mail, uploading, posting or
otherwise) that threatens or encourages bodily
harm or destruction of property.
4. Harassment:
Use of the Dreaming Host service to transmit any
material (by e-mail, uploading, posting or
otherwise) that harasses another.
5. Fraudulent activity:
Use of Dreaming Host service to make fraudulent
offers to sell or buy products, items, or
services, or to advance any type of financial
scam such as "pyramid schemes,"
"ponzi schemes," and "chain
letters."
6. Forgery or impersonation:
Adding, removing or modifying identifying
network header information in an effort to
deceive or mislead is prohibited. Attempting
to impersonate any person by using forged
headers or other identifying information is
prohibited. The use of anonymous remailers
or nicknames does not constitute impersonation.
7. Unsolicited commercial e-mail / Unsolicited
bulk e-mail (SPAM):
Use of the Dreaming Host service to transmit any
unsolicited commercial or unsolicited bulk
e-mail is expressly prohibited. Violations
of this type will result in the immediate
termination of the offending Dreaming Host account.
IMPORTANT NOTICE:
Anyone hosting web sites or services on their
server that support spammers or cause any
of our IP space to be listed in any of the
various Spam Databases will have their server
immediately removed from our network. The
server will not be reconnected until such
time that you agree to remove ANY and ALL
traces of the offending material immediately
upon reconnection and agree to allow us access
to the server to confirm that all material
has been COMPLETELY removed. Severe violations
may result in immediate and permanent removal
of the server from our network without notice
to the customer. Any server guilty of a second
violation WILL be immediately and permanently
removed from our network without notice.
8. E-mail / News Bombing:
Malicious intent to impede another person's
use of electronic mail services or news will
result in the immediate termination of the
offending Dreaming Host account.
9. E-mail / Message Forging:
Forging any message header, in part or whole,
of any electronic transmission, originating
or passing through the Dreaming Host service is
in violation of this AUP.
10. Usenet SPAMing:
Dreaming Host has a zero tolerance policy for the
use of its network for the posting of messages
or commercial advertisements, which violate
the rules, regulations, FAQ or charter of
any newsgroups or mailing list. Commercial
messages that are appropriate under the rules
of a newsgroup or mailing list or that are
solicited by the recipients are permitted.
11. Unauthorized access:
Use of the Dreaming Host service to access, or
to attempt to access, the accounts of others,
or to penetrate, or attempt to penetrate,
security measures of Dreaming Host's or another
entity's computer software or hardware, electronic
communications system, or telecommunications
system, whether or not the intrusion results
in the corruption or loss of data, is expressly
prohibited and the offending Dreaming Host account
is subject to immediate termination.
12. Copyright or trademark infringement:
Use of the Dreaming Host service to transmit any
material (by e-mail, uploading, posting or
otherwise) that infringes any copyright, trademark,
patent, trade secret or other proprietary
rights of any third party, including, but
not limited to, the unauthorized copying of
copyrighted material, the digitization and
distribution of photographs from magazines,
books, or other copyrighted sources, and the
unauthorized transmittal of copyrighted software.
The customer understands, acknowledges and
agrees that by initial and continued use of
the services provided by Dreaming Host, hereinafter
referred to as "Dreaming Host", that
he or she agrees to, and is bound by the Dreaming Host
Digital Millennium Copyright Act Policy.
The customer understands, acknowledges and
agrees that Dreaming Host may revise policies,
agreements and notices at any time without
notice and that he or she shall be bound by
the policies, agreements and notices as currently
posted on the Dreaming Host web site which as a
whole shall constitute Dreaming Host's Acceptable
Use Agreement.
Dreaming Host is committed to complying with U.S.
copyright law and expects all end users who
access some of our Services but do not have
accounts ("Visitors") as well as
those who pay a monthly service fee to subscribe
to the Services ("Subscribers")
to do the same.
The Digital Millennium Copyright Act of 1998
("DMCA") provides recourse for owners
of copyrighted material who believe that their
rights under U.S. copyright law have been
infringed on the Internet.
Under the DMCA, copyright owners may contact
the authorized agent of an Internet service
provider to report alleged infringements of
their protected works appearing on Web pages
hosted by the service provider.
Upon receipt of a properly filed complaint
satisfying the requirements of the DMCA, Dreaming Host
will remove or block access to the allegedly
infringing material. If a Member or user of
the Dreaming Host Service believes in good faith
that a notice of copyright infringement has
been wrongly filed, such person may submit
a counter notice to Dreaming Host. Dreaming Host will
not be a party to disputes over alleged copyright
infringement.
This information should not be construed as
legal advice to our Subscribers or Visitors.
If you believe that your copyrights have been
infringed, or if a notice of copyright infringement
has been filed against you, we advise that
you seek legal counsel. We are providing the
following information to you for informational
purposes only.
Notification of Claimed Copyright Infringement
If you believe that a Web page hosted by Dreaming Host
is violating your rights under U.S. copyright
law, you may file a complaint of such claimed
infringement with Dreaming Host's designated agent
in by email.
For your complaint to be valid under the DMCA,
you must provide the following information
when providing notice of the claimed copyright
infringement:
a. A physical or electronic signature of a
person authorized to act on behalf of the
copyright owner.
b. Identification of the copyrighted work
claimed to have been infringed.
c. Identification of the material that is
claimed to be infringing or to be the subject
of the infringing activity and that is to
be removed or access to which is to be disabled
as well as information reasonably sufficient
to permit Dreaming Host to locate the material.
d. Information reasonably sufficient to permit
the service provider to contact the complaining
party, such as an address, telephone number,
and, if available, an electronic mail address.
e. A statement that the complaining party
has a good faith belief that use of the material
in the manner complained of is not authorized
by the copyright owner, its agent, or law.
f. A statement that the information in the
notification is accurate, and under penalty
of perjury, that the complaining party is
authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
For more details on the information required
for valid notification, see 17 U.S.C. 512(c)(3).
You should be aware that, under the DCMA,
claimants who make misrepresentations concerning
copyright infringement may be liable for damages
incurred as a result of the removal or blocking
of the material, court costs, and attorneys
fees.
Counter Notification to Claimed Copyright
Infringement
If a notice of copyright infringement has
been filed against you, you may file a counter
notification with Dreaming Host's designated agent
at the address listed above. Such counter
notification must contain the following information:
a. physical or electronic signature.
b. Identification of the material that has
been removed or to which access has been disabled
and the location at which the material appeared
before it was removed or access to it was
disabled.
c. A statement under penalty of perjury that
the Member has a good faith belief that the
material was removed or disabled as a result
of mistake or misidentification.
d. Your name, address, and telephone number,
and a statement that you consent to the jurisdiction
of the federal district court for the federal
district in which you are located, and that
you will accept service of process from the
complainant.
If Dreaming Host receives a valid counter notification,
the DMCA provides that the removed material
will be restored, or access re-enabled.
Please be advised that U.S. copyright law
provides substantial penalties for a false
counter notice filed in response to a notice
of copyright infringement.
This policy was last modified and published
Saturday, September 6, 2003 and supercedes
any and all previous policies governing the
Dreaming Host Digital Millennium Copyright
Act Policy.
13. Collection of personal data:
Use of the Dreaming Host service to collect, or
attempt to collect, personal information about
third parties without their knowledge or consent.
14.IRC:
Use of IRC or IRC bots or clonebots is not
allowed. An IRC bot is a program which runs
and is connected to an IRC server 24 hours
a day, automatically performing certain actions
15. Network disruptions and unfriendly activity:
Use of the Dreaming Host service for any activity
which affects the ability of other people
or systems to use Dreaming Host Services or the
Internet. This includes "denial of service"
(DOS) attacks against another network host
or individual user. Interference with or disruption
of other network users, services or equipment
is prohibited. It is the Member's responsibility
to ensure that their network is configured
in a secure manner. A Subscriber may not,
through action or inaction, allow others to
use their network for illegal or inappropriate
actions. A Subscriber may not permit their
network, through action or inaction, to be
configured in such a way that gives a third
party the capability to use their network
in an illegal or inappropriate manner. Unauthorized
entry and/or use of another company and/or
individual's computer system will result in
immediate account termination. Dreaming Host will
not tolerate any subscriber attempting to
access the accounts of others, or penetrate
security measures of other systems, whether
or not the intrusion results in corruption
or loss of data.
16. Fraud:
Involves a knowing misrepresentation or misleading
statement, writing or activity made with the
intent that the person receiving it will act
upon it.
17. Infringement of Copyright, Patent, Trademark,
Trade Secret, or Intellectual Property Right
Distribution and/or posting of copyrighted
or the aforementioned infringements will not
be tolerated.
18. Distribution of Viruses:
Intentional distributions of software that
attempts to and/or causes damage, harassment,
or annoyance to persons, data, and/or computer
systems are prohibited. Such an offense will
result in the immediate termination of the
offending account.
19. Inappropriate Use of Software:
Use of software or any device that would facilitate
a continued connection, i.e. pinging, while
using Dreaming Host services could result in suspension
service.
20. Third Party Accountability:
Dreaming Host subscribers will be held responsible
and accountable for any activity by third
parties, using their account, that violates
guidelines created within the Acceptable Use
Policy.
You are responsible for any misuse of your
account, even if the inappropriate activity
was committed by a friend, family member,
guest or employee. Therefore, you must take
steps to ensure that others do not gain unauthorized
access to your account. In addition, you may
not use your account to breach security of
another account or attempt to gain unauthorized
access to another network or server.
Your password provides access to your account.
It is your responsibility to keep your password
secure.
Sharing your password and account access with
unauthorized users is prohibited. You should
take care to prevent others from using your
account since you will be held responsible
for such use.
Attempting to obtain another user's account
password is strictly prohibited, and may result
in termination of service.
You must adopt adequate security measures
to prevent or minimize unauthorized use of
your account.
You may not attempt to circumvent user authentication
or security of any host, network or account.
This includes, but is not limited to, accessing
data not intended for you, logging into or
making use of a server or account you are
not expressly authorized to access, or probing
the security of other networks. Use or distribution
of tools designed for compromising security
is prohibited. Examples of these tools include,
but are not limited to, password guessing
programs, cracking tools or network probing
tools.
You may not attempt to interfere with service
to any user, host or network ("denial
of service attacks"). This includes,
but is not limited to, "flooding"
of networks, deliberate attempts to overload
a service, and attempts to "crash"
a host.
Users who violate systems or network security
may incur criminal or civil liability. Dreaming Host
will cooperate fully with investigations of
violations of systems or network security
at other sites, including cooperating with
law enforcement authorities in the investigation
of suspected criminal violations.
21. P2P File Sharing
Nothing such as Kazza or any P2P system may
be used on any of our services. Provision
of such services will result in instant termination
of your account without refund.
22. No Very High CPU Usage Programs Allowed
23. No DDOS
If you are DoS’ed we reserve the right
to suspend your account to limit the attack.
If you are found to of caused the DDOS your
account may be suspended or cancelled.
24. No Warez
25. No child pornography
26. No provision of free email services
27. No provision of shell accounts
Network Performance
Dreaming Host accounts operate on shared resources.
Excessive use or abuse of these shared network
resources by one customer may have a negative
impact on all other customers. Misuse of network
resources in a manner which impairs network
performance is prohibited by this policy and
may result in termination of your account.
You are prohibited from excessive consumption
of resources, including CPU time, memory,
disk space and session time. You may not use
resource-intensive programs which negatively
impact other customers or the performances
of Dreaming Host systems or networks. Dreaming Host
reserves the right to terminate or limit such
activities.
REPORTING VIOLATIONS OF Dreaming Host AUP
Dreaming Host requests that anyone who believes
that there is a violation of this AUP direct
the information to the Abuse Department at
abuse@dreaminghost.com
If available, please provide the following
information:
The IP address used to commit the alleged
violation
The date and time of the alleged violation,
including the time zone or offset from GMT
Evidence of the alleged violation
E-mail with full header information provides
all of the above, as do system log files.
Other situations will require different methods
of providing the above information.
REVISIONS TO THIS ACCEPTABLE USE POLICY
Dreaming Host reserves the right to revise, amend,
or modify this AUP and our other policies
and agreements at any time and in any manner.
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