As a provider of internet services, we offer our clients the means
to acquire and disseminate a wealth of public, private, commercial and non-commercial
information. We also want our clients to be fully informed of their rights and obligations
-- and ours -- in connection with their use of the Internet. This Network Access Policy,
which supplements and explains certain terms of each customer's respective services
agreement (the "Services Agreement"), is intended as a plain English guide to
those rights and obligations.
The fundamental fact about the Internet is that no one --neither us, nor anyone else -- owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When clients obtain information through the Internet, they must keep in mind that we cannot monitor, verify, warrant or vouch for the accuracy and quality of the information that clients may acquire. For this reason, the client must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because we cannot monitor and censor the Internet, and will not attempt to do so, we cannot accept any responsibility for injury to our clients that results from inaccurate, unsuitable or offensive Internet communications.
When clients disseminate information through the Internet, they also must keep in mind that we do not review, edit, censor or take responsibility for any information our clients may create. This places on clients what will be, for most, an unfamiliar responsibility. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information they create is carried over our facilities and may reach a large number of people, including both clients and non-clients of ours, clients' postings to the Internet may affect other clients and may harm our goodwill, business reputation and operations. For these reasons, clients violate our policy and the Services Agreement when they, their affiliates or subsidiaries engage in the following activities:
Spamming -- Unsolicited, commercial mass e-mailing (known as "spamming") is a strongly disfavored practice among Internet users and service providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward us, but also because it can overload our equipment and disrupt service to our clients.
Copyright Violation -- Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer, and can involve the Services Provider and or the ISP in litigation and possible loss of reputation.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials -- Violation of indecency and obscenity laws can result in criminal penalties.
Defamation -- Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the Service Provider and or ISP whose facilities were used to distribute the defamatory material.
Illegal/Unauthorized Access to Other Computers or Networks -- The illegal or unauthorized accessing (often known as "hacking") of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states.
Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities -- Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law.
Export Control Violations -- The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States.
Other Activities, whether lawful or unlawful, that we determine to be harmful to our clients, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. We will not, as an ordinary practice, monitor the communications of our clients to ensure that they comply with our policy or applicable law. When we become aware of harmful communications, however, we may take any of a variety of actions. We may remove information that violates our policies, implement screening software designed to block offending transmissions, or take any other action we deem appropriate, including termination of a client's contract with us.
We also are aware that many of our clients are, themselves, providers of Internet services, and that information reaching our facilities from those clients may have been originated by customers of those clients or other third parties. We do not require our clients who offer Internet services to monitor or censor transmissions created by customers of its clients. At the same time, clients who knowingly transmit materials that violate law or our policy are, themselves, in violation of our policy. Similarly, we anticipate that clients who offer Internet services will cooperate with us in any corrective action that we deem necessary, in order to correct and prevent the transmission of material that is harmful to us or our clients. Failure to cooperate with such corrective and preventive measures is a violation of our policy.
We also are concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge our clients to assume that all of their on-line communications are insecure.
We can not take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our clients' on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our clients unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our clients from harm, or where such disclosure is necessary to the proper operation of the system.
We expect that our clients who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A client's failure to comply with those laws will violate our policy. Finally, we wish to emphasize that in signing the Services Agreement, clients indemnify us for any violation of the client of the Services Agreement, or of law or the policies of Downeast or Verio or Rapidsite, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the client that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the client will pay any damages awarded against us, plus costs and reasonable attorneys' fees.
We hope this Policy Statement is helpful in clarifying the obligations of Internet users, including us and our clients, as responsible members of the Internet.
The Internet is intended for use by mature adults (and by minors when supervised by mature adults). Our customers are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. The customer is expected to have a basic knowledge of how the Internet functions, the types of use which are generally acceptable, and the types of use which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:
Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.
Net abuse, including but not limited to activities such as using a non-existent email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), allowing spamming by third parties to promote a web site hosted by us, trolling (posting outrageous messages to generate numerous responses), mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. We reserves the right to determine what constitutes net abuse.
Tortious conduct, including but not limited to posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Misuse of system resources, including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for the customer's own account; resale of access to CGI scripts installed on our servers; or attempting to use a single customer account for third party web sites by allowing more than one domain pointer to be used to reference pages within the customer's site
Downeast Information Technology Services,
Inc. is committed to respecting your privacy. We will not, without your consent,
convey Personally Identifiable Information about you to other organizations. Personally
Identifiable Information is any information that is associated with your name. Personally
Identifiable Information is maintained within Downeast Information Technology Services,
Inc. in accordance with reasonable standards of confidentiality.
Downeast Information Technology Services, Inc. uses your information to better understand your needs and provide you better service. To help us improve our customer service, web site use may be tracked and analyzed. This data will only be used by Downeast Information Technology Services, Inc..
Downeast Information Technology Services, Inc. is committed to ensuring the security of your information. Some parts of our web site are open. The Resellers area is password protected, and may use "cookies" to ease the process of logging back on to the site. The Ordering process is NOT secured in that we are not implimenting the Secure Socket Layer (SSL). We do not currently accept credit card information over the web.
THE INFORMATION PROVIDED AT THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. Downeast Information Technology Services, Inc. further does not warrant the accuracy, reliability or completeness of the information at this Site. Use of any information is at your own risk. Downeast Information Technology Services, Inc. may make changes to the information provided at this Site, at any time without notice. The information provided at this Site may be out of date, or contain errors and Downeast Information Technology Services, Inc. makes no commitment to update or correct the materials at this Site. Discussion or identification of products or services other than those provided by Downeast Information Technology Services, Inc. is for informational purposes only and does not constitute a recommendation or endorsement for such other products or services.
The materials and data on this Site, including, but not limited to, the organization and layout of the Site itself, are the copyright property of Downeast Information Technology Services, Inc., ALL RIGHTS RESERVED. You may electronically copy and print hardcopy portions of this Site, but only for noncommercial, personal use provided the materials are not modified and all copyright or proprietary notices are retained. Any other use of materials in this Site without the prior written permission of Downeast Information Technology Services, Inc. is strictly prohibited. The trademarks, logos and service marks displayed on this Site are the property of Downeast Information Technology Services, Inc. or other third parties (collectively the "Trademarks") . They are registered and unregistered Trademarks. Users are not permitted to use these marks without the prior written consent of Downeast Information Technology Services, Inc.. Please see the complete list of Downeast Information Technology Services, Inc. Trademarks (this will be a hyperlink). Nothing contained in this Site should be construed as granting any license or right to use any Trademark displayed on the Site without the express written permission of Downeast Information Technology Services, Inc..
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DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF PROFITS, SPECIAL DAMAGES, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE INFORMATION, MATERIALS AND FUNCTIONS PROVIDED AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusion or limitation of liability for consequential or incidental damages so the foregoing limitation may not apply. In such states, Downeast Information Technology Services, Inc.'s liability is limited to the greatest extent allowable by law. Downeast Information Technology Services, Inc. assumes no responsibility and shall not be liable for any damages to or viruses that may affect your computer equipment or other property on account of your access to, use of or browsing in the Site or downloading of any materials or data from the Site. Downeast Information Technology Services, Inc. makes no warranties that any materials or information provided on this Site shall be uninterrupted or error-free, or that this Site is free from viruses, worms or other harmful or destructive components or properties.
This Site may contain links to other sites.
This Site may be accessed from other sites. Downeast Information Technology Services, Inc.
makes no representations or warranties, express or implied, regarding such other sites.
Downeast Information Technology Services, Inc. accepts and shall have no responsibility
for such other sites or information contained thereon. Downeast Information Technology
Services, Inc. does not control such sites in any manner. You assume all risks in
connection with use of such other sites and the information contained therein. Downeast
Information Technology Services, Inc. makes no endorsement
or other approval of any sites or data thereon.
This Site may contain interactive forums, chat areas, bulletin boards, evaluation reports or e-mail communications (collectively "forums"). You agree not to distribute or publish on such forums any materials which are obscene, threatening, abusive, illegal, offensive, defamatory, libelous or otherwise objectionable or inappropriate in any manner. You further agree not to distribute or place any material on such forums containing any solicitations, promotions, advertising, chain letters, letters relating to pyramid schemes or other offers of goods or services. You agree not to interrupt or attempt to interrupt the operation of this Site in any way or change or modify any data contained on this Site. You agree that you will not post or transmit any message or data that would violate the intellectual property rights of any other party, including unauthorized copyright, taxes, trade secret or other confidential information. You agree you will not place any viruses, worms, trojan horses or other destructive devices in any of the forums or on this Site. You agree you will be solely liable for all information you may place on such forums. Downeast Information Technology Services, Inc. will not monitor, edit or otherwise control the content of the information on the forums, but reserves the right to, in its sole discretion, edit and remove any material posted that is harmful, offensive or otherwise inappropriate. Downeast Information Technology Services, Inc. makes no representations or warranties, express or implied, regarding any information or data in such forums. You agree that it is solely your responsibility to evaluate the accuracy, completeness and usefulness of all advice, merchandise and other information on this Site.
Any communication, information and material
you transmit or place on the Site will be deemed and treated as nonconfidential and
nonproprietary information. Anything you transmit or post will become the property of
Downeast Information Technology Services, Inc. and can be used for any purpose. You
automatically grant to Downeast Information Technology Services, Inc. a royalty-free,
worldwide, irrevocable, unrestricted and perpetual license to use, modify, publish,
reproduce, transmit and distribute any information transmitted or posted by you. Downeast
Information Technology Services, Inc. is free to use any ideas, concepts,
know-how or techniques contained in any communications for any purpose whatsoever. You agree you will have no recourse against Downeast Information Technology Services, Inc. for any alleged or actual infringement of or any misappropriation of any property right in the data or information.
You agree to indemnify, defend and hold harmless Downeast Information Technology Services, Inc., its directors, officers, employees, affiliates and suppliers from any liability, loss, claim and expense (including reasonable attorneys fees) related to any violation by you of these terms and conditions.
Some of the information on this Site may contain projections or other forward looking statements regarding future events or the future financial performance of Downeast Information Technology Services, Inc.. We wish to caution you these statements are only predictions and that actual events or results may differ materially. You are free to read documents that the Company's parent entity, Dover Corporation, files from time to time with the Securities and Exchange Commission. Those documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward looking statements. Nothing in this Site constitutes investment advice.
Some information, products or programs mentioned on the Site may not be available in your country or area. Please contact your local sales representative for information as to products and services available in your country or area. Access to and use of password-protected and/or secure areas of this Site is restricted to authorized users only and Downeast Information Technology Services, Inc. reserves the right to restrict access to those areas in its sole discretion. You agree you will not permit any other person to access this Site using your passwords or other account information.
Any software which you download is governed in accordance with the license terms accompanying the file or, if no license terms accompany the file, the terms of the license agreement which accompanied the original product license by you which you are updating or the license terms pursuant to a software license agreement (potential hyperlink).
Downeast Information Technology Services,
Inc. may change, suspend, terminate or discontinue any aspect of this Site at any time.
Downeast Information Technology Services, Inc. may also impose specific restrictions on
your access to this Site or parts thereof or limit certain features of the Site without
notice or liability.
In the event that the any provision of this
page "Acceptable Uses Policy" shall come into conflict with any written
agreement between Downeast Information Technology Services Inc. and any other party, the
terms of the written agreement shall prevail over the content of this page, the remaining
provisions of this page shall nevertheless remain in full effect.
This Site is controlled and operated from Downeast Information Technology Services, Inc. offices within the State of North Carolina, United States of America. The terms governing use of this Site shall be governed by and construed in accordance with the laws of the State of North Carolina without regard to its conflicts of laws provisions. You agree that any suit, action or proceeding relating to this Site and its contents shall be filed only in Pamlico County, North Carolina and you hereby consent to submit to personal jurisdiction of such courts for any suits, actions or proceedings. If you choose to access this Site from other jurisdictions you do so at your initiative and are responsible for compliance with applicable laws. Downeast Information Technology Services, Inc. is not responsible for any violation of such laws. Software and other materials from this Site may be subject to United States Export Control. You agree you will comply with all United States Export Control Laws, and all other laws, rules and regulations that may pertain to this Site or the information contained hereon. Downeast Information Technology Services, Inc. does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws. These terms and conditions constitute the entire agreement between Downeast Information Technology Services, Inc. and you with respect to any use of this Site. Any cause of action you may have with respect to use of this Site must be commenced within one year after the claim or cause of action arises. If any provision of these terms and conditions or a portion thereof is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible under law so as to effect the intent of the remainder of the terms and conditions and all other terms and conditions shall continue in full force and effect. Downeast Information Technology Services, Inc.'s failure to enforce or insist upon any performance or provision of these terms and conditions shall not be construed as a waiver of any such provision or right. Downeast Information Technology Services, Inc. can assign its rights or duties under these terms and conditions to any party at any time without notice. Some of the provisions of this Agreement are for the benefit of Downeast Information Technology Services, Inc., its officers, directors, employees, agents, licensors, suppliers and affiliates. Each of those individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.