Digital Space Terms of Service Agreement
Welcome to Digital Space. This Agreement defines the terms and conditions of DIGITAL SPACE's services as listed on http://digitalspace.net/services.php as (the "Services"). DIGITAL SPACE will provide the Services selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement.
BY REGISTERING FOR THE SERVICES AND CLICKING “I AGREE,” YOU SIGNIFY ELECTRONICALLY YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS.
You certify that you are at least 18 years of age. To become a DIGITAL SPACE accountholder, you must read and agree electronically to be bound by all terms and conditions of this Agreement, the fee schedules and any policies that are or may be published by DIGITAL SPACE. If you do not agree to these terms, do not sign up for the Services. For purposes of this Agreement, the term “you” means you as an individual or the entity registering for the Services.
This Agreement will become effective when accepted by DIGITAL SPACE. DIGITAL SPACE may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You agree to review the terms of this Agreement periodically to keep apprised of any changes or updates. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services after the changes take effect. In addition, certain services such as dedicated server hosting may be subject to additional terms, which will supplement this Agreement and will be binding on you if you sign up for such services. Payments must be submitted in advance of receiving the Services.
As part of the Services, DIGITAL SPACE will provide your own web-based Customer Management Interface (the "Customer Manager") which is located at https://my.digitalspace.net. The Customer Manger contains customer contact information, billing information, product information, product logins, and customer support information.
You agree to provide DIGITAL SPACE with current and accurate contact and billing information, including your legal name, address, telephone number, e-mail address and to update this information immediately in your Customer Manager if any changes occur. You represent and warrant that you have full authority to enter into this Agreement and to bind your business or entity to these terms.
1. Scope of services and Obligations
1.1. Web Hosting
1.1. A. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Upload Materials") to your website, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website. You acknowledge that you have the necessary knowledge to create, modify and maintain your website. DIGITAL SPACE assumes no responsibility to provide you with such knowledge. You are responsible for all activity on your account, including the use of your account by others. You and your account may be subject to disciplinary action or termination of your account is used inappropriately.
1.1. B. You agree to comply with the requirements of the Digital Millennium Copyright Act (the "DMCA") and acknowledge that DIGITAL SPACE is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. Section 512. Consistent with the DMCA, DIGITAL SPACE will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, DIGITAL SPACE has a policy of terminating accountholders who are repeat copyright infringers.
1.1. C. DIGITAL SPACE offers a 30 day money back guarantee to a customer's first Web Hosting account purchased (including setup fees). All added features to your Web Hosting account are nonrefundable. Annual contract commitments are excluded from this offer.
1.1. D. You agree to pay all charges for purchases that you make from DIGITAL SPACE, including all applicable taxes, fees and surcharges. You must select a payment method to pay DIGITAL SPACE for all charges. DIGITAL SPACE will bill you through the payment method that is associated with your account. If you secure your account with a credit card or electronic check, you acknowledge that DIGITAL SPACE will bill your credit card or checking account prior to receiving service. You authorize automatic billing by DIGITAL SPACE on an on-going basis during the term of this Agreement. You authorize DIGITAL SPACE to charge your designated payment method for all charges you incur under your account and to retain information about the payment method associated with your account. If you wish to cancel your service, you must do so prior to your next due date to avoid being charged for additional month(s) of service.
1.1. E. Delinquent accounts are those that remain unpaid at the next due date. The Services will be suspended if your account is delinquent for 30 days. Notwithstanding any other rights DIGITAL SPACE may have in this Agreement, all of your website contents will be destroyed if your account is delinquent for 50 days. DIGITAL SPACE accounts continue to accrue charges while they are delinquent or if the Services are suspended.
1.1. F. If you wish to cancel your Web Hosting account, you must do so prior to your next due date to avoid being charged for additional month(s) of service. You may cancel your DIGITAL SPACE services by selecting ‘Change Renewal Options-Cancel this Product’ within your Customer Manager which is located at https://my.digitalspace.net.
1.1. G. DIGITAL SPACE does not offer a prorated refund based on the early cancellation of your services. If you are on a multi-month payment interval and wish to cancel a service prior to the end of the term, you will forfeit any money paid for the services. Once money has been received on an account, this account will be considered under contract for the service provided by DIGITAL SPACE for the term of agreement. This policy is in effect for all accounts at DIGITAL SPACE.
1.2 Domain Registration
1.2. A. In connection with requesting that DIGITAL SPACE assist you with registration services to obtain an Internet domain name (“Domain Name”), you represent and warrant the following: (a) you are providing true, correct, up to date and complete registration information; (b) the registration you have asked DIGITAL SPACE to make is not made with a "bad faith intent" (as that term is used in the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d)); (c) the Domain Name does not conflict with another domain name; (d) to your knowledge, the registration of the Domain Name will not directly or indirectly infringe upon or otherwise violate the rights of any third party; (e) you are not seeking registration for an unlawful purpose; (f) you will not use the Domain Name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, such as "netiquette"; and (g) you will not knowingly use the Domain Name in violation of any applicable laws or regulations, including without limitation, use the Domain Name for any slanderous purposes, or in connection with the distribution or receipt of child pornography. It is your responsibility to determine whether the Domain Name registration infringes or violates someone else's rights. DIGITAL SPACE may in its sole discretion reject to use of, or request for, a particular Domain Name. DIGITAL SPACE offers its Domain Name registration services on an “AS IS” and “AS AVAILABLE” basis. DIGITAL SPACE makes no representation or warranties of any kind regarding the availability, or the propriety of any use of, any Domain Name requested by you, even if an inquiry indicates that a domain is available at the time of your application. DIGITAL SPACE does not represent or warrant that its services in connection with registration of the Domain Name will prevent challenges to the Domain Name or shield you in any way for liability for the use of the Domain Name.
1.2. B. DIGITAL SPACE is bound to use ICANN's dispute policy if any person challenges the registration of the Domain Name you have selected (the "Dispute Policy"), which can be found at http://www.icann.org/dndr/udrp/policy.htm. You agree that DIGITAL SPACE, in its sole discretion, may cancel, transfer, suspend or otherwise make changes to the domain registration if DIGITAL SPACE (a) is in any way involved in a proceeding in connection with the Dispute Policy, (b) receives any order from any court or arbitral tribunal threatening or requiring such action, or (c) determines that you have breached any of your representations and warranties in Section 1.2. You understand that DIGITAL SPACE has no obligation to defend you in the event any dispute arises in connection with the Domain Name and that DIGITAL SPACE shall not be liable to you for loss or damages that may result from DIGITAL SPACE’s refusal to register, cancellation, suspension, transfer or modification of your Domain Name registration.
1.2 C. As consideration for DIGITAL SPACE's domain name registration services, you agree to pay all applicable registration fees and renewal fees. Such registration fees and renewal fees are non-refundable. You agree that DIGITAL SPACE will attempt to collect payment for a one year renewal of your domain name registration 15 days prior to its expiration date and renew your domain name accordingly, unless you select to 'Change Renewal Options-Set to Let Expire' through your Customer Manager, located at https://my.digitalspace.net. If DIGITAL SPACE is unable to collect payment for your domain name registration, your domain name registration will not be renewed. To renew your domain name manually, login to your Customer Manager located at https://my.digitalspace.net. If you do not pay the renewal fees by the time specified in the renewal notice, your registration will expire. You agree that DIGITAL SPACE will have no liability whatsoever with respect to any such expiration and that DIGITAL SPACE may transfer the Domain Name in the event of any delinquency in payment.
2. Privacy Policy.
DIGITAL SPACE’S PRIVACY POLICY explains the practices that apply to your information when you register for and use the Services. Your ongoing use of the Services signifies your consent to the information practices disclosed in DIGITAL SPACE’S Privacy Policy.
3. Ownership and License
DIGITAL SPACE does not claim any ownership of data or content provided by you for hosting on the Services. However, in connection with the Services, DIGITAL SPACE may make available to you certain content, technology and software owned by DIGITAL SPACE or licensed from third parties (which may include corresponding documentation, associated software components, media, printed materials, and "online" and electronic documentation and all updates and upgrades thereto) (the "Applications"). You agree that the Applications are the exclusive property of DIGITAL SPACE and its licensors and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Any Application provided to you by DIGITAL SPACE is licensed, not sold, for use only with the Services running on DIGITAL SPACE servers on a personal, limited, non-exclusive, and non-transferable basis. You shall not (and you shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Applications. You agree neither to modify the Applications in any manner or form, nor to use modified versions of the Applications, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface? that is provided by DIGITAL SPACE for use in accessing the Service.
4. Disclaimer of Warranties.
THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” DIGITAL SPACE makes no express warranties or guarantees about the Service. TO THE EXTENT PERMITTED BY LAW, DIGITAL SPACE DISCLAIMS IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. DIGITAL SPACE DOES NOT GUARANTEE THAT ACCESS TO THE SERVICES WILL BE AVAILABLE AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING. DIGITAL SPACE MAKES NO REPRESNTATIONS OR WARRANTIES THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO THE DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME ASSOCIATED WITH YOUR ACCOUNT.
5. Limitation of Liability and Indemnification
5.1. IN NO EVENT SHALL DIGITAL SPACE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF DIGITAL SPACE SERVICES, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, THE PROCESSING OR ADMINISTRATION OF A DOMAIN NAME APPLICATION) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE DIGITAL SPACE'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF DIGITAL SPACE'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF DIGITAL SPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DIGITAL SPACE'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO DIGITAL SPACE FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, DIGITAL SPACE'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT YOU ASSUME ALL RESPONSIBILITY TO BACK UP DATA ON YOUR OWN AND AT YOUR OWN EXPENSE ANY DATA THAT YOU MAY USE WITH THE SERVICES.
5.2. You agree to indemnify, defend and hold DIGITAL SPACE and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto DIGITAL SPACE's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, child pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to DIGITAL SPACE's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by DIGITAL SPACE's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
DIGITAL SPACE respects the intellectual property of others. If you believe that your work has been copied and is accessible on DIGITAL SPACE that in a way that constitutes copyright infringement, please Email abuse@digitalspace.net and include “Copyright Infringement” in the subject line to report possible copyright infringement.
7. Arbitration; Governing Law
7.1. Except for DIGITAL SPACE's compliance with take-down provisions of the DMCA or injunctive or other equitable actions initiated by DIGITAL SPACE pursuant to Section 4(b), if any controversy or dispute arises in connection with this Agreement, the Services or your use of DIGITAL SPACE's servers, such controversy or dispute shall first be presented for resolution by DIGITAL SPACE and you. If no resolution is reached within 7 days thereafter, then such controversy or dispute shall be resolved by binding arbitration in Columbus, Ohio, under the then-current rules of commercial arbitration of the American Arbitration Association. Each party shall select an arbitrator with expertise in computer law and the Internet, and these two arbitrators shall select the third arbitrator with such expertise. The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Ohio (without regard to conflicts of laws principles).
7.2 BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST DIGITAL SPACE BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF OHIO OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH DIGITAL SPACE; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF OHIO FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
8. Electronic Transactions and Notices.
You understand and agree that DIGITAL SPACE, as an online service, transacts with its customers electronically. Your affirmative act of submitting your registration and checking the “I agree” box constitutes your signature to this Agreement. This Agreement and your electronic signature shall have the same force and effect as an agreement in writing. You further agree to receive all required notices from DIGITAL SPACE electronically. DIGITAL SPACE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY (1) VIA THE E-MAIL YOU HAVE PROVIDED TO DIGITAL SPACE OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY DIGITAL SPACE FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by DIGITAL SPACE, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by canceling your use of the Services.
9. U.S. Government End-Users.
DIGITAL SPACE and any software products offered with DIGITAL SPACE are a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial software" and "commercial computer documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the tools with only those rights as set forth herein.
10. Export regulations concerning applications.
The Applications are subject to export and import laws, regulations, rules and orders of the United States and foreign nations. You must comply with these laws that apply to the Applications. You may not directly or indirectly export, re-export, transfer, or release the Applications, any other commodities, software or technology received from us, or any direct product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government.
11. DIGITAL SPACE's Right to Terminate Agreement
DIGITAL SPACE reserves the right to suspend, deactivate or terminate the Services to you and remove or prevent access to any DIGITAL SPACE servers at any time, without prior notice or liability, for any conduct that DIGITAL SPACE, in its sole discretion, believes violates this Agreement or is otherwise harmful to DIGITAL SPACE's interests or the interests of other accountholders. (b) DIGITAL SPACE also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, or other judicial or equitable relief (and, pending such action, to suspend all access to DIGITAL SPACE servers) if any third-party claim is made that your content or use violates any of the acceptable uses or your obligations or representations described in this Agreement. If your Service is canceled or terminated, any data you have stored on such Service may not be retrieved later. If a dedicated server is disabled, the regular monthly fee shall still apply.
12. Taxes
An Service fees charged by DIGITAL SPACE are exclusive of any and all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services provided under this Agreement, except that your income taxes and any sales or similar taxes on the sale of your products and services to end users shall be the sole responsibility of you.
13. Miscellaneous
DIGITAL SPACE may assign this Agreement at any time, with or without notice to you. You may not assign your rights and obligations under this Agreement without the prior written consent of DIGITAL SPACE, which may be withheld at DIGITAL SPACE's discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of DIGITAL SPACE to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by DIGITAL SPACE of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by DIGITAL SPACE. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the Online Order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and DIGITAL SPACE and supersede and govern all prior proposals, agreements, or other communications.
13. Other Policies and Agreements
By accepting this agreement you also agree to our Acceptable use Policy (AUP) listed below.
Acceptable Use Policy
Use and Misuse of the Services
You agree that you will use the DIGITAL SPACE’s services as listed on http://digitalspace.net/services.php as (the "Services") in compliance with the DIGITAL SPACE Terms of Service Agreement, all applicable laws and regulations, and the following guidelines. You may use the Services only for lawful purposes, in compliance with all applicable laws.
You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You may not use or transmit through the Services any material or otherwise engage in any conduct that:
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity, including DIGITAL SPACE’S employees and agents;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates the terms of the Agreement or these guidelines;
- may damage, disable, overburden, or impair DIGITAL SPACE’S servers or networks;
- interferes with any other party's use and enjoyment of the Service; or
- attempts to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means.
DIGITAL SPACE may take any legal and technical remedies to enforce the Agreement and these guidelines, including without limitation, immediate termination of your account or access to the Service. DIGITAL SPACE has no duty to monitor or pre-screen content or material uploaded or stored through the Service; however, DIGITAL SPACE reserves the right to remove or block content and other materials from the Service for any reason, but it is not responsible for any failure or delay in removing such material.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD DIGITAL SPACE HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY DIGITAL SPACE AS PART OF ITS INVESTIGATIONOF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM DIGITAL SPACE AS A RESULT OF DIGITAL SPACE'S DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF DIGITAL SPACE'S CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
Use and Misuse of Materials
Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.
Email Use
You may not use the Services to transmit, directly or indirectly, any unsolicited bulk communications such as e-mail. You may not induce or allow others to use the Services to violate the terms of this section. DIGITAL SPACE may terminate your access or use of the Services immediately and take any other legal action if you or anyone using your access to the Services violates this section. DIGITAL SPACE may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communications networks.
In addition to the general prohibitions against Spam stated above, you may not use the Services directly or indirectly to send unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups; spoof accounts (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); engage in passive spamming (promoting a website hosted by DIGITAL SPACE by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generate a higher volume of outgoing mail than a normal user; propagate chain letters; and subscribe someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated. You should not send email to any user who does not wish to receive it, either at DIGITAL SPACE or elsewhere. DIGITAL SPACE recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop. You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. DIGITAL SPACE may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information or as otherwise provided in a legal proceeding.
System Security
Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. If you are involved in violations of system security, DIGITAL SPACE reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. DIGITAL SPACE will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
System Resources
DIGITAL SPACE MAY IN ITS COMPLETE DISCRETION ESTABLISH GENERAL OPERATING PRACTICES TO PREVENT ABUSES TO THE SERVICES. System abuse includes any use of DIGITAL SPACE resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space. Further, running programs in the background on a DIGITAL SPACE server without DIGITAL SPACE's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of DIGITAL SPACE's servers. DIGITAL SPACE RESERVES THE RIGHT TO MONITOR ITS SYSTEM TO IDENTIFY EXCESSIVE CONSUMPTION OF NETWORK RESOURCES AND TO TAKE SUCH TECHNICAL AND OTHER REMEDIES WE DEEM APPROPRIATE TO PREVENT ABUSES. YOUR CONSUMPTION OF THE SERVICES MAY BE DEEMED EXCESSIVE IF, WITHIN ANY MONTH, YOUR USAGE GREATLY EXCEEDS THE AVERAGE LEVEL OF MONTHLY USAGE OF DIGITAL SPACE'S USERS GENERALLY.