Acceptable Use Policy
Deuce Consulting's Acceptable Use Policy described below defines the actions which we consider to be abused and strictly prohibited. There are no exclusions in this listing. Please, be aware that the actions listed below are also prohibited from other Internet Presence Providers (IPP's) and their users on behalf of Deuce Consulting to advertise any service hosted by us or connected via our Network. As defined by the Federal Trade Commission Deception Policy Statement, such services are not to be advertised by way of deceptive marketing policies. For abbreviation purposes, Our, Us, and We refer to Deuce Consulting while companies or individual account owners using our services will be referred to as CUSTOMERS.
Our Acceptable Use Policy has been formulated with the following goals in mind:
Ensure security, reliability and privacy of Deuce Consulting's systems and network, and the networks and systems of others.
Avoid situations that may cause Deuce Consulting to incur civil liability.
Maintain the image and reputation of Deuce Consulting as a responsible organization.
Preserve the value of Internet resources as a conduit for free expression.
Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services.
Preserve the privacy and security of individual users.
The Acceptable Use Policy below defines the actions which Deuce Consulting considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to Deuce Consulting customers. If you are unsure whether any contemplated use or action is permitted, please send mail to firstname.lastname@example.org and we will assist you. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by us, or connected via our network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement.
Network Security -Customers may not use our network as to 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 the Customer, logging into a server or account the Customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding. mailbombing, or other deliberate attempts to overload or crash a host or network. If your server is the initiator or target of a denial of service attack that adversely affects our/somebody else network, we will terminate your account without warning and you will be held responsible for any charges that may result from this action. Activities that attract denial of service attacks are expressly prohibited. Customers involved in these activities will be terminated as soon as we are aware of them. These activities include, but are not limited to: selling shell accounts, and involvement with IRC of any kind. This prohibition is for the protection of our customer base as a whole; these kinds of services tend to attract attacks that have the potential to degrade service for all of our customers. We 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. Users who violate systems or network security may incur criminal or civil liability.
Deuce Consulting reserves the right to charge up to $500 per complaint to investigate.
Customer Spamming Policy -Deuce Consulting has zero tolerance for spam originating from our customers, or from our customers' customers, or for spam advertising web sites of our customers or our customers' customers. The Policy You refers to the Deuce Consulting Customer; we refers to Deuce Consulting.
Deuce Consulting has the right to charge $500 per complaint to investigate.
Deuce Consulting does not deal with your customers or their customers etc.; We hold our customers responsible for dealing with spam from or about their section of the network.
If we get a first complaint, we will forward it to you. If we don't receive a response indicating the complete resolution of the complaint within 24 hours, we may drop the section of IP space involved in the spam complaint until we are convinced that the problem is resolved. In particular, we are concerned with spam that not only originates from your network, but also that advertises sites hosted on your network.
If we get repeat complaints and it is clear that the problem has not been resolved, we may
black hole the section of IP space involved in the spam complaint until we are convinced that the problem is resolved. If so, we will contact you as soon as is feasible.
We reserve the right, to drop the section of IP space involved in spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
What does this mean to me?
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
You must educate your customers about spam so that it does not become a problem for you, or for us. If you sell accounts on your system(s), you must provide an Acceptable Use Policy (AUP) at least as restrictive as our own.
You must promptly investigate and deal with any spam or other abuse complaints forwarded to you.
Why this Policy?
We at Deuce Consulting feel strongly that the usability of the Internet is dependent on the elimination of UCE (Unsolicited Commercial E-mail) from the mailboxes and newsgroups of both casual and heavy Internet users. If you host web sites, you must be particularly vigilant, as you and your other customers could be disconnected from the Internet due to one customer's spamming.
Bandwidth Charges -Higher levels of traffic will incur overcharges on a monthly basis. However, the rates for bandwidth usage are lower for Deuce Consulting than for any other services we offer. We provide full access to industry standard MRTG web reports for network traffic monitoring and reporting. Deuce Consulting also provides graphs that represents how we computes customer's monthly usage, according to the industry-standard "95th Percentile" system. The bandwidth analysis total reflects the bandwidth month's total of 95th measurement column in Kbps. The conversion takes place through another report to convert Kbps to Gbs. These charges reflect our expenses in network maintenance, upgrades, backbone port charges, leased line loops, and equipment.
IP Policy -ARIN (the American Registry for Internet Numbers) is becoming very stringent with IP addresses, and refuses to grant them without a strict accounting of use of existing IP's; we must therefore require periodic updates of IP address use. The way we will implement this, for now, is for customers who need more IP addresses to send an email with request to email@example.com to get detailed instructions. Any IP numbers which remain unused after a 30-day period, according to our periodic 'ping' testing, will be subject to reassignment by Deuce Consulting. No prior notice will be given, but we will email you at your current contact address to inform you that we have taken back the IP numbers. You can of course request more when you are ready to use them. And, as stipulated elsewhere, any work incurred in reclaiming unused IP numbers which have been registered as
name servers will be billed at our current administrative services rates. While we will allocate our customers an "unlimited" number of IP addresses, our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting."
Deuce Consulting may assign its customers IP (Internet Protocol) addresses on a temporary basis or for the life of the contract. Customer agrees that IP addresses are not portable, and acknowledges that IP addresses are the sole property of Deuce Consulting and are assigned as part of the services. Furthermore, client acknowledges that use of IP addresses not allocated by Deuce Consulting to customer or users is expressively prohibited and will incur a penalty fee. This fee would be calculated on a standard engineers hourly rate fee of $150 separate from any other service or incident fees prepaid by customer. At the conclusion of Customer's contract, Customer is required to provide a copy of an Authorized domain registrar (i.e. Network Solutions) records, showing that Customer's hostname servers no longer claim the use of our IP addressed we have provided to customer. This document must be delivered to Deuce Consulting within 10 days after the effective contract termination date.
General Conduct -Customers are prohibited from transmitting on or through any of Deuce Consulting's services, any material that is, in Deuce Consulting's sole diCscretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. Deuce Consulting's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by ©, trademark, trade secret, or any other statute. Deuce Consulting reserves the right to remove such illegal material from its servers. The customer is responsible for keeping his billing data with Deuce Consulting up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability. The resale of Deuce Consulting's products and services is not permitted, unless specifically permitted and documented in a written agreement. Important IP disclosure: Deuce Consulting may assign customer a reasonable amount of IP addresses (Internet Protocol) on a temporary basis or for the life of the contract. Client agrees that IP addresses are not portable and acknowledges that IP addresses are the sole property of Deuce Consulting and are assigned as part of the services. Furthermore, client acknowledges that use of IP addresses not allocated by Deuce Consulting to customer or users is expressively prohibited and will incur a penalty fee. This fee would be calculated on a standard engineers hourly rate fee of $150 separate from any other service or incident fees prepaid by customer.
Facilitating a violation of this AUP: Software, services, programs, activities, and advertisements that promote, enable, or facilitate any activity that is prohibited within this document, including spam, denial of service attacks, compromise of other systems or attempts to compromise other systems are ALL considered to be violations of this AUP.
Payment -Customers agree to supply appropriate payment for the services received from Deuce Consulting, in advance of the time period during which such services are provided.
Customers agree that all setup fees are non-refundable once setup is completed.
Customer is aware that if you are paying by credit card, prepayments will be billed and charged automatically, and that Deuce Consulting may apply the amount due to the provided card at any time.
All invoices are sent to customers via e-mail.
If payment is received by Wire transfer, there is an administrative fee of $20 US per instance.
Customer understands and agrees that Deuce Consulting shall not be responsible for any charges or expenses that customer may incur resulting from overdrawing customer's bank account or exceeding customer's credit card limit as a result of an automatic or manual charge generated by Deuce Consulting pursuant to this authority.
Returned checks will incur an administrative fee of $25 US.
Deuce Consulting works with certain collections agencies. Timely payment is crucial. All accounts that are past due by more than 5 calendar days are subject to 10% late Fee and interruption of service(s) without further notice. With all disconnection's, a $50.00 reinstatement fee will apply to reactivate the service(s) again. If customer's account is in default and their account is sent to collections, customer will be responsible for any collections fees that may apply.
Contract Length: The minimum contract length for any of our Dedicated and Co-Located services is 3 months, for Network Access and Dedicated Server services, "Rent to own" programs are for 2 year. Customer can change programs or services as many times with a $50.00 upgrade/downgrade fee and $500.00 upgrade/downgrade fee for Dedicated Server services.
Cancellation: -Deuce Consulting reserves the right to cancel service(s) at any time. All fees paid in advance of cancellation will be pro-rated and refunded by Deuce Consulting to customer if Deuce Consulting initiates its right of cancellation and customer is NOT in violation of these Terms and Conditions. If cancellation is caused by customers and/or its client's breach of the Terms and conditions, then customer agrees that no refund is due. Customer understands that service(s) can be cancelled at any time effective the end of the contract.
Due to protection concerns, all account cancellations must be done in writing via US mail or fax. Notifications of cancellation must include the company letterhead, account name, principal contact name with valid signature, last four digits of credit card number on file and reason for cancellation. Third party cancellations are not accepted. Upon termination, either by Deuce Consulting or Customer, for any reason, Customer is responsible for deleting his/her host registrations from domain
registrar's within 10 business days. Customer further agrees to pay Deuce Consulting all reasonable administrative costs if Deuce Consulting must intervene in deregistering the hosts.
Deuce Consulting is not responsible for any damages your business may suffer.
Deuce Consulting does not make implied or written warranties for any of our services.
Deuce Consulting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Deuce Consulting.
The Customer will not use its network nor space provided by Deuce Consulting to violate any law. In the event Customer violates existing law, Deuce Consulting shall have the right to terminate all service set forth in this Agreement. In the event Deuce Consulting is informed by government authorities of inappropriate or illegal use of Deuce Consulting facilities or other networks accessed through Deuce Consulting, Deuce Consulting may terminate customer's service.
Deuce Consulting will cooperate fully with investigations of violation of systems or network security at other sites.
Deuce Consulting will cooperate with law enforcement authorities in the investigation of possible criminal violations.
Customers who violate systems and/or network security, may incur in criminal or civil liability.
If you have any questions concerning the above stated terms and conditions then please e-mail us at: firstname.lastname@example.org