Terms of Service

Agreeing to Deasil Networks Acceptable Use Policy and Terms of Service is mandatory for Hosting signing up or using our services. Please make sure you read everything. The following rules apply to sites you host with Deasil Networks.

Acceptable Use Policy and Terms Of Service Agreement

Introduction

During the term of its agreement with Deasil Networks, the customer must ensure that the use of any resource offered to the customer or owned or controlled by Deasil Networks (“Service”) conforms with Deasil Networks’s then current Acceptable Use Policy (“AUP”). Deasil Networks may modify, without prior notice, the AUP as Deasil Networks deems appropriate; such modified AUP is effective upon posting on Deasil Networks’s website.

Responsibility

You are responsible for your sites and all sites that you host to be in accordance with all rules on this page. Misuse by you may result in actions on your account, including removal from the host without a refund.

Inappropriate Use

The Service must not be used to publish, post, distribute or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, or fraudulent information and materials, or proprietary, copyrighted, or otherwise intellectually protected information and materials for which Customer does not have authorization or authority to possess or distribute. The Service must not be used to request unlawful services or materials. The Service must not be used for activities Deasil Networks deems to impact its customers or its ability to deliver services to its customers. Such activities may include, but are not limited to:

Obscene Speech or Materials

The distribution of child pornography or any obscene, abusive, defamatory or threatening speech or material. All website content must be legal in the U.S. Portal sites linking directly to illegal content are also not acceptable.

Intellectual Property Infringement

Any activity infringing on the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents.

Spamming

Sending unsolicited commercial bulk email (“UCE”), news postings or chain letters; advertising transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate sending UCE; use of web pages that allow “spam"ing (known as “ghost sites”) that directly or indirectly refers to domains or IP addresses hosted by Deasil Networks. Deasil Networks reserves the right to determine in its sole discretion what constitutes UCE based on the information available. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Customers may ony send email to recepients who have joined mailing lists directly from their site.

Maintaining an Open Email Relay

Allowing email to be sent through Customer’s system by a third party (i.e. neither to nor from Customer or Customer’s accounts).

Fraud

Using a false identity; using pyramid/ponzi scheme; storage or transmission of any intentionally incorrect data or packet. Virus, Worm, or Trojan horse program distribution 
The deliberate transmission of computer viruses, worms or trojan software.

Denial of Service

Using any technique to intentionally degrade or disable the delivery of any legitimate data.

Glutting of servers

Oversized storage of any files that would be unreasonably large (ie. making a zip file filled with text files just to pad the size). Again, your webspace is not for data back up. It is only for hosting real sites.

Unauthorized Access

Attempting to gain unauthorized entry to any site or network, or any network or host scanning, probing, monitoring or other information gathering associated with such activity; using the Service to guess passwords.

Applications

Customer may not run any program or script on the server that runs constantly or ‘listens’ on ports unless provided in the control panel. This includes applications associated with chat services.

Public Forums

Inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and any other public forum on, or using, the Service.

Customer Responsibilities

Bulk Email

Customers may not send unsolicited commercial bulk email (“UCE”), news postings or chain letters; advertising transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate sending UCE; use of web pages that allow “spam"ing (known as “ghost sites”) that directly or indirectly refers to domains or IP addresses hosted by Deasil Networks. Deasil Networks reserves the right to determine in its sole discretion what constitutes UCE based on the information available. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Customers may ony send email to recepients who have joined mailing lists directly from their site. Customers sending bulk email must provide recipients with an easy and effective mechanism for removal from bulk email list. Customer must include the source of the addressee’s address in each bulk email message.

CPU Usage

Sites may not use extreme unwarranted CPU usage. By heavy we mean oversized without cause, to the point where most users would be unable to view them in a reasonable amount of time. No single site may consume 30% of CPU usage for a sustained period of time.

Service Resale

Customer may not resell the Service or any portion of the Service.

Password Protection

Customer is responsible for protecting passwords and for any authorized or unauthorized use.

Music Files

Customer may not host sound/video files in any format (MP3, ASX, ASF, RA, RAM, QTV) in which they do not own or have permission to distribute.

Content Protection

Customer agrees to provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material that Customer publishes via any Service.

Content Ownership

Customer is responsible for all content or information residing on, or obtained, or transmitted via, the Service, regardless of whether such use is by Customer.

File repository / Dump Sites

Customer may not use disk space as a file repository, or dump site. This includes but is not limited too; warez, serialz, sound files, applications, zip files. This includes using the space in order to store content used on other sites (remote linking). Examples of this would be using the web space to store images for auction descriptions, flash or any other files used on another site but stored on our server.

Free Email / Hosting Sites

We do not permit the free giving of POP email accounts or the issuing of free hosting. This includes near free (1 penny per year for instance).

Facilitating Terms of Service Violation

Customer activity that facilitates the violation of this TOS by any party constitutes a violation of this AUP by Customer.

TOS Enforcement

Violation of the TOS may subject Customer to international, federal, and/or state civil and/or criminal liability, including without limitation, Ohio Business & Professional Code. Deasil Networks reserves the right in its sole discretion and without prior notice to suspend and/or terminate Customer’s access to the Service at any time for violating this AUP. Deasil Networks also reserves the right to suspend, filter or block, and/or terminate Customer’s access if Customer’s account is being used to exploit or attack the Service or the networks of others. If Customer’s account has been compromised and attempts to reach Customer and/or to have Customer repair a breach of security fail, Deasil Networks reserves the right to suspend or terminate Customer’s service. If Customer’s access is suspended or terminated, Deasil Networks, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Customer’s data stored on Service. Deasil Networks will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Violation of Rules

Breaking any of these aforementioned rules may result in immediate account suspension with out refund, as well as criminal prosecution where deemed necessary.

LIMITATION OF LIABILITY: Deasil Networks (Deasil.network) shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers going off-line or being unavailable for any reason whatsoever. Further, Deasil Networks (Deasil.network) shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Deasil Networks (Deasil.network) servers. All damages shall be limited to the immediate termination of service. Deasil Networks (Deasil.network) shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Deasil Networks (Deasil.network) reserves the right to terminate an account at any time and for any reason that causes harm to any customer’s web sites. Deasil Networks (Deasil.network) reserves the right to delete all content and files upon termination. Deasil Networks (Deasil.network) reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Deasil Networks (Deasil.network) reserves the right to refuse, cancel, or suspend service at our sole discretion. Deasil Networks (Deasil.network) reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.

Cancellation

Customer can cancel service at any time. Only an authorized contact/individual can cancel an account. Customer is to provide written cancellation by opening ticket with help desk at support@deasil.network prior to end of billing cycle. For service month-to-month, request must be made 7 days before end of billing cycle. If service is canceled with less than 7 days remaining before scheduled service renewal, the service will be renewed automatically for 1 month. For customers under a dedicated hosting agreement, cancellation policy is stated in that agreement.

Refund Policy

All refunds are at the sole discretion of Deasil Networks, including but not limited to fees for products and services, add-on features, and any setup fees previously charged.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

We will only retain personal information as long as necessary for the fulfillment of those purposes.

We will not sell or distribute your information to any 3rd-party or use it for commercial purposes without your express permission.

We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.