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ACCEPTABLE USE POLICY |
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This AUP is incorporated by reference in your Master
Services Agreement with DUO and your service may be
suspended or terminated for violation of this AUP in
accordance with the Master Services Agreement.
Internet Abuse
You may not use DUO's network to engage in, foster, or
promote illegal, abusive, or irresponsible behavior,
including:
Unauthorized access to or use of data, systems or networks,
including any attempt to probe, scan or test the
vulnerability of a system or network or to breach security
or authentication measures (including those belonging to DUO
and its customers) without express authorization of the
owner of the system or network;
Monitoring data or traffic on any network or system without
the express authorization of the owner of the system or
network;
Interference with service to any user of the DUO or other
network including, but not limited to, mail bombing,
flooding, deliberate attempts to overload a system and
broadcast attacks;
Use of an Internet account or computer without the owner's
authorization, including, but not limited to Internet
scamming (tricking other people into releasing their
passwords), password robbery, security hole scanning, and
port scanning;
Forging of any TCP-IP packet header or any part of the
header information in an e-mail or a newsgroup posting;
Use of the service to distribute software that covertly
gathers information about a user or covertly transmits
information about the user;
Use of the service for distribution of advertisement
delivery software unless:
(i) the user affirmatively consents to the download and
installation of such software based on a clear and
conspicuous notice of the nature of the software, and
(ii) the software is easily removable by use of standard
tools for such purpose included on major operating systems;
(such as Microsoft's "ad/remove" tool); or
Any conduct that is likely to result in retaliation against
the DUO network or website, or DUO's employees, officers or
other agents, including engaging in behavior that results in
any server being the target of a denial of service attack (DoS).
Security
You must take reasonable security precautions in light of
your use of the DUO services. You are solely responsible for
any breaches of security affecting the servers under your
control. You must protect the confidentiality of your
password(s), and you should change your password(s)
periodically.
A compromised server is potentially disruptive to DUO's
network and other customers. Therefore DUO may take your
Content off line if it is accessed or manipulated by third
party without your consent.
Bulk or Commercial E-Mail
You must comply with laws and regulations applicable to bulk
or commercial e-mail. In addition, you must obtain DUO's
advance approval for any bulk e-mail, which will not be
given unless you are able to demonstrate all of the
following to DUO's reasonable satisfaction:
Your intended recipients have given their consent to receive
e-mail via some affirmative means, such as an opt-in
procedure;
Your procedures for soliciting consent include reasonable
means to ensure that the person giving consent is the owner
of the e-mail address for which the consent is given;
You retain evidence of the recipient's consent in a form
that may be promptly produced on request, and you honor
recipient's and DUO's requests to produce consent evidence
within 72 hours of receipt of the request.
You have procedures in place that allow a recipient to
easily revoke their consent - such as a link in the body of
the e-mail, or instructions to reply with the word "Remove"
in the subject line. Revocations of consent are honored
within 72 hours, and you notify recipients that their
revocation of their consent will be honored in 72 hours;
You must post an e-mail address for complaints (such as
abuse@yourdoman.com) in a conspicuous place on any Web site
associated with the e-mail, you must register that address
at abuse.net, and you must promptly respond to messages sent
to that address;
You must have a Privacy Policy posted for each domain
associated with the mailing;
You have the means to track anonymous complaints; and
You may not obscure the source of your e-mail in any manner.
Your e-mail must include the recipients e-mail address in
the body of the message or in the "TO" line of the e-mail.
These policies apply to messages sent using your DUO
service, or to messages sent from any network by you or any
person on your behalf that directly or indirectly refer the
recipient to a site or an e-mail address hosted via your DUO
service. In addition, you may not use a third party e-mail
service that does not practice similar procedures for all
its customers.
DUO may test and otherwise monitor your compliance with its
requirements, and may block the transmission of e-mail that
violates these provisions.
Newsgroup, Chat Forums, Other
Networks
You must comply with the rules and conventions for postings
to any bulletin board, chat group or other forum in which
you participate, such as IRC and USENET groups including
their rules for content and commercial postings. These
groups usually prohibit the posting of off-topic commercial
messages, or mass postings to multiple forums.
You must comply with the rules of any other network you
access or participate in using your DUO services.
Offensive Content
You may not publish or transmit via DUO's network and
equipment any content or direct links to any content that
DUO reasonably believes:
Constitutes, fosters, or promotes child pornography;
is excessively violent, incites violence, threatens
violence, or contains harassing content or hate speech;
is unfair or deceptive under the consumer protection laws of
any jurisdiction, including chain letters and pyramid
schemes;
is defamatory or violates a person's privacy;
creates a risk to a person's safety or health, creates a
risk to public safety or health, compromises national
security, or interferes with a investigation by law
enforcement;
improperly exposes trade secrets or other confidential or
proprietary information of another person;
is intended to assist others in defeating technical
copyright protections;
clearly infringes on another person's trade or service mark,
patent, or other property right;
promotes illegal drugs, violates export control laws,
relates to illegal gambling, or illegal arms trafficking;
is otherwise illegal or solicits conduct that is illegal
under laws applicable to you or to DUO; or
is otherwise malicious, fraudulent, or may result in
retaliation against DUO by offended viewers.
Content "published or transmitted" via DUO's network or
equipment includes Web content, e-mail, bulletin board
postings, chat, and any other type of posting or
transmission that relies on the Internet.
Copyrighted Material
You may not use DUO's network or equipment to download,
publish, distribute, or otherwise copy in any manner any
music, software, art, or other work protected by copyright
law unless:
you have been expressly authorized by the owner of the
copyright for the work to copy the work in that manner;
you are otherwise permitted by established Australian
copyright law to copy the work in that manner.
DUO may terminate the service of repeat copyright
infringers.
Copyright Infringement Notice (Digital Millennium Copyright
Act)
If you believe your copyright is being infringed by a person
using the DUO network, please send your written notice of
copyright infringement to:
Richard Lavender
Down Under On-Line Pty Ltd
PO Box 614, Port Douglas QLD 4877 Australia
Your notice must include the following:
A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is
allegedly infringed;
Identification of the copyrighted work claimed to have been
infringed, or if multiple copyrighted words at a single site
are covered by a single notification, a representative list
of such works at that site;
Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit DUO to
locate the material;
Information reasonably sufficient to permit DUO to contact
you, such as an address, telephone number, and, if
available, an e-mail address;
A statement that you have a good faith belief that use of
the material in the manner complained of is not authorized
by the copyright owner, the copyright owner's agent, or the
law;
A statement that the information in the notification is
accurate, and under penalty of perjury that you are
authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
Cooperation with Investigations and
Legal Proceedings
DUO may, without notice to you:
report to the appropriate authorities any conduct by you
that it believes violates applicable criminal law, and
provide any information it has about you in response to a
formal or informal request from a law enforcement or
government agency, or in response to a formal request in a
civil action that on its face meets the requirements for
such a request.
Other
You must have valid and current information on file with
your domain name registrar for any domain hosted on the DUO
network.
You may only use IP addresses assigned to you by DUO staff
in connection with your DUO services.
You may not take any action which directly or indirectly
results in DUO IP space being listed in any of the various
abuse databases.
Consequences of Violation of AUP
DUO may without notice to you, suspend your service or
remove any content transmitted via the DUO service if it
discovers facts that lead it to reasonably believe your
service is being used in violation of this AUP. You must
cooperate with DUO's reasonable investigation of any
suspected violation of the AUP. DUO will attempt to contact
you prior to suspension of network access to your server(s),
however, prior notification is not assured.
You are strictly responsible for the use of your DUO service
in violation of this AUP, including use by your customers,
and including unauthorized use (but not including
unauthorized use that results from DUO's failure to perform
its obligations under the Master Services Agreement and
Service Order Form).
DUO will charge you an hourly rate of $250 AUD for AUP breach recovery, plus the cost of equipment and
material needed to
(i) investigate or otherwise respond to any suspected
violation of this AUP,
(ii) remedy any harm caused to DUO or any of its customers
by the use of your service in violation of this AUP,
(iii) respond to complaints, including complaints under the
Digital Millenium Copyright Act,
(iv) respond to subpoenas and other third party requests for
information as described in the Master Services Agreement,
and
(v) have DUO's Internet Protocol numbers removed from any
"blacklist" such as SPEWs or other abuse databases. No
credit will be available under your DUO Service Level
Agreement for interruptions of service resulting from AUP
violations.
Amendments to AUP
The Internet is still evolving, and the ways in which the
Internet may be abused are also still evolving. Therefore,
we may from time to time amend this AUP in accordance with
our Master Services Agreement to further detail or describe
reasonable restrictions on your use of our services.
Disclaimer
DUO is under no duty, and does not by this AUP undertake a
duty, to monitor or police our customers' activities and
disclaims any responsibility for any misuse of the DUO
network. DUO disclaims any obligation to any person who has
not entered into an agreement with DUO for services.
October 30, 2005
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