Website Terms and Conditions

Introduction

Datacate, Inc is committed to complying with U.S. copyright law and expects you to do the same. The Digital Millennium Copyright Act of 1998 (“DMCA”) All Datacate customers are bound by the following Acceptable Use Policy. This document may be updated from time to time. Please consult this site periodically for the most recent revision of this document.

Illegal Activities

No Datacate customer shall do anything illegal or anything that adversely affects Datacate’s legal interests. The following list is non-exclusive, and should not be considered license to commit other illegal activities not specified below. All illegal activity is prohibited, and Datacate will cooperate fully with any law enforcement officials and/or agencies investigating and/or prosecuting such activities.

• Duress by Threat or Breach of Contract – any and all threats made against Datacate by customer, which constitute an intent to violate any rules stated herein, or to breach the terms of the governing Agreement for service, or to use civil or criminal action in bad faith, or any other threats or statements made against Datacate by customer.
• Cracking/Hacking – attempts to access accounts or systems other than the user.s own accounts or systems or an account or system that the user has been explicitly authorized to access is illegal under federal and state law.
• Child Pornography – as defined by U.S. law. This is strictly prohibited and dealt with quickly and harshly.
• Interstate Gambling – because Internet traffic generally ignores state and country boundaries, any Internet based gambling site is restricted by Federal Inter-state gambling regulations.
• Pyramid Schemes or Fraud – are illegal under a number of Federal, State and Local laws.
• Theft of Services – attempts to utilize services that are not contracted for is considered theft and will be dealt with as such.
• Unauthorized Redistribution / Reselling of Blacklist Subscription Service (BSS) – customer shall not redistribute or resell Datacate’s BSS or any part thereof without the expressed written permission of Datacate.
• Harassment – use of Datacate’s network to harass or threaten (in the legal sense of those terms) any other person is prohibited.
• Copyright or Trademark Infringement – use of someone else’s intellectual property (i.e. images, logos, audio/video, written content) without authorization.

Please consult an attorney if you are unsure of the legal status of your activities.

Threat Or Damage To Networks

No Datacate customer shall do anything that threatens the integrity of Datacate’s network or the utilization thereof by other persons.

• Denial of Service (DOS) Attacks – no customer will commit a DOS attack against any Datacate customer.s host, or any other host on the Internet. Similarly, no Datacate customer will willfully or negligently allow incitement of others to attack any host on Datacate’s network, or any other host on the Internet.
• Blacklists – No customer shall do anything that could get any portion of Datacate’s IP space put on blacklists such as Spamhaus, DNSBL, SORBS or other similar organizations, or perform activities that would cause portions of the Internet to refuse to route traffic to any portion of Datacate’s IP space.
• Perform actions that cause unusual load on Datacate’s network or equipment that cause slowness or denial of service to other Datacate customers.

No Datacate customer shall do anything that threatens the Internet or any other network.

• No customer shall take actions that cause any portion of the Internet, or the Internet as a whole, to become unusable to any other portion of the Internet, or the Internet as a whole.
• No customer shall take actions that degrade the usefulness of the Internet, or any portion of the Internet, either through network degradation, flooding of usenet or email or so on.

Spam

No Datacate customer shall send unsolicited commercial email, unsolicited mass mailings, spam or flood usenet newsgroups, or anything of that sort. If you have questions about what is allowed and what is not, please refer to https://en.wikipedia.org/wiki/Spamming, and/or email info@datacate.net for clarification.

• No spam may originate from Datacate IP space.
• No spam may advertise sites or services located on Datacate IP space (even if the spam originates elsewhere).
• No Datacate customer shall use third party mail servers to relay spam. This is considered a DOS attack on the third party and will be treated as such.
• No customer shall participate in pyramid schemes or email chain letters.
• Use of Datacate Electric’s facilities to provide software or lists for mass mailing unsolicited email is prohibited.

Emailing Policies

Under the DAll Datacate customers must:

• Maintain the following email addresses and respond promptly to all email sent to these addresses:
  • abuse@yourdomain.com
  • postmaster@yourdomain.com
• Maintain a policy requiring proper “From” and/or “Reply-To” headers for email and usenet postings.
• Maintain proper security on their mail server, to prevent the mail server from being used as a “spam amplifier” by third parties. Servers must restrict “email relaying.” (Not applicable to customers who do not maintain a mail server.)

Customer’s Customers

Datacate Customers shall maintain and enforce upon their clients an AUP similar in scope and intent to this document. Customer shall furnish to Datacate a copy or link to their AUP upon request.

Miscellaneous

Datacate reserves the right to terminate or interrupt any account in part or in full without refund for violation of these Acceptable Use Policy. In all but the most extreme or serious cases, good faith attempts will be made to resolve an issue without interruption of service. In cases where service has been terminated or interrupted, resolution will be handled on an individual case basis, at Datacate’s sole discretion.

For further explanation of any portion of this document, and the terms set herein, or to determine whether your intended activities are permissible under the terms of this document, contact us at info@datacate.net or via phone at (916) 526.0737.