Use of the DS5000.com Server system constitutes acceptance and agreement to DS5000's Terms as well as our Acceptable Use Policy (AUP),  spam policy and fraud policy.

DS5000.com Server system's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what DS5000.com expects of them while using the service.

In accordance with our Terms of Service (TOS), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. DS5000, and its parent company, Derrick Santos Interactive, 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 your DS5000.com Server account.

This document is intended to provide a basic understand of DS5000.com's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of DS5000.com'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

While the DS5000.com Server system is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the DS5000.com Server system and the Internet and cannot be permitted under the guise of free speech. The resources of the DS5000.com Server system and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

You may not use your account to publish material, which the DS5000.com Server system 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 DS5000.com 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.

VIOLATIONS OF DS5000.com's ACCEPTABLE USE POLICY

The following constitutes violations of this AUP:

Illegal use: The DS5000.com Server system's services may not be used for illegal purposes, or in support of illegal activities. DS5000.com reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minors: Use of the DS5000.com service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats: Use of the DS5000.com service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment: Use of the DS5000.com service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity: Use of DS5000.com 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."

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 re-mailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the DS5000.com service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited.

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 DS5000.com account.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the DS5000.com service is in violation of this AUP.

Unauthorized access: Use of the DS5000.com service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of DS5000.com 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 DS5000.com account is subject to immediate termination.

Copyright or trademark infringement: Use of the DS5000.com 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.

Collection of personal data: Use of the DS5000.com service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network disruptions and unfriendly activity: Use of the DS5000.com service for any activity which affects the ability of other people or systems to use DS5000.com Services or the Internet. This includes "denial of service" (DDOS) 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 customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A customer 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. DS5000.com will not tolerate any customer 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.

Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

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.

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.

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using DS5000.com services could result in suspension service.

Third Party Accountability: DS5000.com customers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Accounts found to be connecting to or part of these networks will be immediately removed from our network without notice.

Security: 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. DS5000.com 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.

Network Performance

DS5000.com accounts, except for dedicated and co-located solutions, 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 DS5000.com systems or networks. DS5000.com reserves the right to terminate or limit such activities.

REPORTING VIOLATIONS OF  THE DS5000.com AUP

DS5000.com requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at webmaster@ds5000.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

Email 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. DS5000.com may take any one or more of the following actions in response to complaints:

Issue written or verbal warnings

Suspend the customer's account

Terminate the customer's account

Bill the Member for administrative costs and/or reactivation charges

Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations



REVISIONS TO THIS ACCEPTABLE USE POLICY

DS5000.com reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

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