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Acceptable Use Policy

The purpose of this Acceptable Use Policy is to enhance the quality of the Services and to protect DCS Pacific Star, LLC. (www.dcsmanage.com) customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from DCS Pacific Star, LLC. (www.dcsmanage.com). Each User should use common sense and good judgment in connection with the Services.

I) Prohibited Uses

A. Utilize the Services to send mass unsolicited e-mail to third parties.

B. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:

(i) Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization.

(ii) Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.

(iii) Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law.

(iv) Utilize the Services in any manner that violates applicable law.

C. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:

(i) Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person.

(ii) Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.

D. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:

(i) Utilize the Services to cause denial of service attacks against DCS Pacific Star, LLC. (www.dcsmanage.com) or other network hosts or Internet users or to otherwise degrade or impair the operation of DCS Pacific Star, LLC. (www.dcsmanage.com) servers and facilities or the servers and facilities of other network hosts or Internet users. 

(ii) Utilize the Services to subvert, or assist others in subverting, the security or integrity of any DCS Pacific Star, LLC. (www.dcsmanage.com) systems, facilities or equipment.

(iii) Utilize the Services to gain unauthorized access to the computer networks of DCS Pacific Star, LLC. (www.dcsmanage.com) or any other person.

(iv) Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code. 

(v) Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailer or Internet nicknames).

(vi) Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services.

(vii) Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator).

(viii) Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam.

(ix) Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam.

(x) DCS Pacific Star, LLC. (www.dcsmanage.com) has no restrictions on contents.  Adult materials, MP3s, games, and audio/video streaming are permitted. However, customers are strictly prohibited from using egg-drops, IRC bots, warez materials and shell hosting services on the www.dcsmanage.com regular network. IRC BOT controllers are not allowed on both networks.

(xi) Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

II) Violations

DCS Pacific Star, LLC. (www.dcsmanage.com) expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. DCS Pacific Star, LLC. (www.dcsmanage.com) has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site. DCS Pacific Star, LLC. (www.dcsmanage.com) reserve the right to levy a penalty fee of $25.00 per violation of the Acceptable Use Policy and Service Agreement.

A. Reporting Non-Copyright Violations. DCS Pacific Star, LLC. (www.dcsmanage.com) encourages Users to report violations of this policy by e-mail to: abuse@dcsmanage.com, including in any such report the name of the offending domain and the type of abuse (i.e. spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.

B. Reporting Copyright Violations. DCS Pacific Star, LLC. (www.dcsmanage.com) complies with the Digital Millennium Copyright Act ("DMCA"). DCS Pacific Star, LLC. (www.dcsmanage.com) encourages Users to report an alleged copyright infringement involving a user by sending a notice to: abuse@dcsmanage.com

C. If DCS Pacific Star, LLC. (www.dcsmanage.com) learns of a violation of this Policy, we will respond to the customer and may, in our sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:

(i) Warning the Customer.

(ii) Suspending the offending Customer from the Services.

(iii) Terminating the offending Customer from the Services.

(iv) Imposing fees or charges on the offending Customer account in accordance with the applicable service contract.

(v) Removing the offending content.

(vi) Taking other action in accordance with this Policy, the applicable service contract or applicable law.

D. Each customer is required to utilize available network bandwidth so as to allow for reasonable network performance by all DCS Pacific Star, LLC. (www.dcsmanage.com). users. Because bandwidth is a shared resource, excessive consumption of network bandwidth can interfere with or completely prevent normal network performance for other servers. Persistent, high-volume use of bandwidth-intensive tools and applications can and does prevent other users from being able to access the network.

Each port is set at 100Mbps. Non un-metered servers that use 10Mbps for more than 20 minutes or longer and/or consistently causing performance problems will be disconnected from the network to prevent such activities from obstructing network access for other users. Customer will also be responsible for all fees related to excessive bandwidth usage of $0.50/1GB.

III) Reservation of Rights

DCS Pacific Star, LLC. (www.dcsmanage.com) reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving DCS Pacific Star, LLC. (www.dcsmanage.com) Services, Customers and other Users. DCS Pacific Star, LLC. (www.dcsmanage.com) reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations.



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