DILIGENZE Acceptable Use Policy

DILIGENZE provides web site hosting and dedicated services to its clients as a way for those clients to pursue the informational and commercial exchange the Internet affords. To protect the interests of all clients and to ensure optimal service levels, DILIGENZE has developed the following Acceptable Use Policy ("AUP") for clients as a guide to client rights and responsibilities when utilizing services offered by DILIGENZE. Use of any service offered by DILIGENZE by any client will constitute acknowledgment of and agreement to the terms outlined in this document. This AUP may be revised in part or in full at any time by DILIGENZE and notices of changes will be posted on this website and via email. Continued use of services offered by DILIGENZE after such changes or enhancements to the AUP have been made will constitute acceptance of any revisions to the AUP.

Content

All services provided by DILIGENZE may be used for lawful purposes only. DILIGENZE does not monitor, edit, censor, or take responsibility for client content or communications from within the network controlled by DILIGENZE except inasmuch to determine if violations of the AUP have occurred once a suspected violation has been brought to the attention of DILIGENZE. Therefore, clients are solely responsible for the content and use of their service as provided by DILIGENZE and should ensure that such use falls within the guidelines of the AUP. DILIGENZE cannot and will not monitor, edit, censor, or otherwise interfere with information or content clients may retrieve from sources outside the DILIGENZE network even when such information is made available to clients through the use of material deliverable to any site or service maintained by DILIGENZE, such as via email. Because of this, DILIGENZE and its sucontractors will not be responsible for injury or liability to any client resulting from communications that may be offensive, misleading, illegal, or otherwise unsuitable in the view of the client. Clients further agree to indemnify and hold harmless DILIGENZE and its sucontractors from claims resulting from the use of any provided service which damages the client of any other party.

Prohibited Activities

Commercial advertising - email:

The sending of unsolicited email (spamming) from a DILIGENZE server or referencing a domain hosted by DILIGENZE in any spam, whether originating from the DILIGENZE network or not, is forbidden. DILIGENZE maintains an excellent reputation as a zero-tolerance provider due to swift action on spam complaints. Complaints regarding spamming are investigated thoroughly by DILIGENZE. Should abuses be found, DILIGENZE reserves the right to immediately and without notice terminate the offending account. Sites that promote, sell, or otherwise provide access to spamware products or email lists or products that are solely for the purpose of extraction or sale of email addresses or which are used to send bulk email are not permitted on any DILIGENZE server. Unsecured form to mail scripts are likewise prohibited, as they can be used to relay spam. Unsecured form to mail scripts found to exist under any client account may be deleted or renamed at the discretion of DILIGENZE.

Misuse of system resources:

To protect and maintain high availability of all servers, activities designed to cause harm to or monopolize the resources of any server in the DILIGENZE network is prohibited. This includes, but is not limited to, the use of programs that consume excessive CPU time; use of server space for backup or storage of material unrelated to the web site of an account; use of any povided mail services other than for the client's own account; resale of disk space without an appropriate reseller agreement; use of servers to engage in any malicious or illegal activty, including unauthorized access to remote systems or providing the means for such access or engaging in any activity that can be used as a means to begin remote system penetration; distribution of viruses, worms, or any other electronic destructive resource; or maintaining or creating any free for all (FFA) type sites.

Internet Relay Chat ("IRC") related materials are prohibited, without exception. This includes bots, bouncers, or any script or software package designed to facilitate the creation, maintenance, or access to any IRC server or channel. Client accounts found to have such software or scripts uploaded are subject to suspension or termination without notice. Scripts or software found to exist on any server will be deleted immediately upon discovery, without notice, and a warning issued. Further violations of this policy will result in account termination.

CGI or php-based shell scripts are prohibited. This includes any script that is used for the purpose of issuing shell-level commands or which acts as a proxy for shell access via a web browser rather than the use of the embedded SSH client in the control panel or the use of a standalone SSH client. Such scripts will be deleted without notice when found. Continued use of such scripts will be grounds for account termination.

Web proxy scripts are prohibited. This includes any script, such as nph-proxy, that allows anyone to browse to a third party web site from any server in the DILIGENZE network or that otherwise masks the true origination point of browsing activities by use of network information associated with DILIGENZE. Such scripts will be deleted when found. Repeated violations will result in account suspension or termination.

Illegal or obscene content:

Use of any DILIGENZE service to make any illegal or obscene content available via transmission, storage, or display of such material is prohibited. Accounts maintaining such content are subject to suspension or termination without notice.

Intellectual property violations and defamatory or abusive material:

Any activity that infringes on copyrights, trademarks, service marks, patents, software ownership, or trade secrets held by any third party entity is prohibited. DILIGENZE is required by law to remove or suspend accounts that violate copyright held by third parties when notified that such infringement exists. Accounts that continually engage in such violations are subject to termination. Material that is defamatory or abusive in nature, that infringes on the privacy or rights of others, or that is otherwise threatening, is prohibited.

Other activities:

Any activity not defined above but judged by DILIGENZE to be harmful to other clients or general operations of the network will be addressed on a case by case basis.

Account Policies and Cancellation

Cancellation requests must be made via email to DILIGENZE. No other avenues of cancellation will be accepted. While no advance notice of cancellation is required, all fees paid for service to the point of cancellation are nonrefundable. All fees paid for domain registration are nonrefundable, without exception.

Service and Reporting

DILIGENZE reserves the right to refuse, cancel, or suspend service at its discretion. All clients, direct or indirect via resold account and all subnetworks and subsidiaries are subject to the terms of this AUP. Any violations of the above policy may be made via email to DILIGENZE or via postal mail to: