Acceptable Use Policy
Droffa Design Group Inc. Acceptable Use Policy
Violations, queries, and information regarding the Droffa Design
Group Inc. Acceptable Use Policy should be addressed to info@droffa.com
SCOPE
This document replaces all previous documents including to but
not limited to previous registration agreements, online registrations,
and any other method used or developed to grant access to the
Droffa Design Group Inc. network. This Policy applies to: all
components of Droffa Design Group Inc., including all subsidiaries,
trade styles and related concerns; All customers, clients, employees,
advisors, and agents of, and all authorized third pArties that
require the use of, and are granted access to the Droffa Design
Group Inc. network; All Information Systems Environments operated
by Droffa Design Group Inc. or contracted with a third pArty
by Droffa Design Group Inc.. The term "Information Systems Environment" defines
the total environment and includes, but is not limited to, all
documentation, physical and logical controls, personnel, software,
hardware (e.g. distributed, desktop, network devices), and information.
NON ASSIGNMENT
The benefits conferred by this agreement are non-transferable and
non-assignable. The connectivity provided is expressly limited to
the account holder. Unless expressly authorized under terms of written
approval resale or use of this connection by other person or persons
is prohibited We do not routinely monitor the activity of accounts
except for measurements of system utilization and the preparation
of billing records. However, in our efforts to promote good citizenship
within the Internet community, we will respond appropriately if
we become aware of inappropriate use of our service. In general,
you may NOT use your Droffa Design Group Inc. account:
oIn a manner which violates any law, regulation, treaty
or tariff;
oIn a manner which violates the rules, regulations and policies
of any network, server, Web site, database or service provider that
you access through your Droffa Design Group Inc. account;
oIn a manner which is defamatory, fraudulent, indecent, offensive
or deceptive;
oTo threaten, harass, abuse or intimidate others;
oTo damage the name or reputation of Droffa Design Group Inc., its
parent, affiliates and subsidiaries;
oTo break security on any computer network, or to access an account
which does not belong to you; or
oIn a manner which interferes with other customers' use and enjoyment
of the services provided by Droffa Design Group Inc.
Droffa Design Group Inc. Inc. reserves sole discretion
to determine whether any use of the service is a violation of this
policy.
FAIR USE
No Customer, Client or any other Person shall use or permit to be
used the Droffa Design Group Inc. Services in such a manner as to
prevent FAIR AND PROPORTIONATE use thereof by other Customers, Clients
or Persons thereto.
If it is deemed by Droffa Design Group Inc. Inc., that a Customer,
Client or user is utilizing his/her/their Droffa Design Group Inc.
Services in any manner that prevents FAIR usage thereof by other
Customers, Clients or Persons and/or it is deemed by Droffa Design
Group Inc. Inc., that a Customer, Client or Person is utilizing
his/her/their Droffa Design Group Inc. Services in any manner that
is not a PROPORTIONATE usage thereof with other Customers, Clients
or Persons; Droffa Design Group Inc. Inc. may:
oBill the Customer the disproportionate amount. Additional billing
will be in Account Increments based upon average usage. (If an account
holder utilizes twice the amount of resources as the average user
they will be billed for two accounts.)
oLimit the Customer's use of the Droffa Design Group Inc. Services
(Limits will be set to the upper quadrant average usage by the customer
base)
oDiscontinue and refuse to provide any Droffa Design Group Inc.
Services. (The impetus for the creation of an ISP was the cost
involved in buying and maintaining the network operation. To
solve this problem and ISP provides "shared" resources
to effectively lower the overall costs. This is not a new idea,
it is fundamental in industries like insurance where your payment
is calculated on a proportionate basis. Like insurance, individuals
can be charged extra or denied insurance because of factors that
would disproportionately increase the costs for the other pArticipants.)
ELECTRONIC MAIL
Your Droffa Design Group Inc. account gives you the ability to send
and receive electronic mail. Droffa Design Group Inc. believes that
electronic mail should be used for personal communication and not
as a broadcast medium.
The following examples are non-exclusive and are provided for your
guidance.
oYou may not use your account to send unsolicited
bulk or commercial messages ("spam"). This includes,
but is not limited to, bulk mailing of commercial advertising,
informational announcements, charity requests, petitions for
signatures, and political or religious tracts. Such messages
may only be sent to those who have explicitly requested it.
oIndividuals who are operating their own mail servers should ensure
that their systems are secured against external relaying to prevent
abuse of resources.
oIndividuals who maintain mailing lists should ensure that their
mailing list software requires confirmation of subscription to prevent
malicious subscriptions to lists by third pArties.
oYou may not use your account to collect responses from unsolicited
bulk or commercial e-mail sent from accounts with other providers.
oForging, altering or removing electronic mail headers is prohibited.
oYou may not send numerous copies of the same or substantially
similar message, nor may you send very large messages or files
to a recipient, with the intent to disrupt a server or account
("mail bombing").
oYou may not use electronic mail to harass or intimidate others.
Harassment, whether through language, frequency of messages, or
size of messages, is prohibited. Sending a single unwelcome message
may be considered harassment. If a recipient asks to stop receiving
email, you must not send that person any further messages.
oYou may not forward or otherwise propagate chain letters, whether
or not such messages solicit money or other items of value, and
whether or not the recipient wishes to receive such mailings.
oDroffa Design Group Inc. accounts may not be used to collect replies
to messages sent from another Internet service provider if those
messages violate this Acceptable Use Policy or the acceptable use
policy of the other service provider.
oIf you use the services of another provider to promote a Web site
hosted by or through Droffa Design Group Inc., then the provisions
of this Acceptable Use Policy shall apply to the methods used to
promote such site.
Not every "flame" message or angry exchange of email
or Newsgroup posting can automatically be considered harassment.
Droffa Design Group Inc. is not responsible for the content
or tone of any email or other transmissions of the subscribers
to its service or other pArties using the Internet. Subscribers
or others should not expect that Droffa Design Group Inc. will
attempt to mediate or otherwise become involved in any pArticular
disagreement or dispute between Internet users. The Internet
is a network intended for use by mature, adult users. All users
should recognize this principle and undertake at all times
to act with respect, courtesy and responsibility, giving due
regard to the interests and rights of other Internet users,
groups, and networks. We expect and appreciate the use of common
sense and good judgment while using the network.
HOMEPAGE, WEB PAGES, WEB SITES
The customers, clients or users are solely responsible for any information
contained on their homepages, Web pages or Web sites. However, if
complaints are received regarding language, content or graphics
contained on your homepage, Web pages, or Web sites, Droffa Design
Group Inc. may, at its sole discretion, remove the homepage, Web
pages, or Web site hosted on Droffa Design Group Inc. servers and
terminate your service and/or your access.
You may not use your personal home page site to publish material
that Droffa Design Group Inc. determines, at its sole discretion,
to be unlawful, indecent or objectionable. For purposes of this
policy, "material" refers to all forms of communications
including narrative descriptions, graphics (including Photographs,
illustrations, images, drawings, logos), executable programs,
video recordings, and audio recordings.
Unlawful content is that which violates any law, statute, treaty,
regulation, or lawful order. This includes, but is not limited to:
obscene material; defamatory, fraudulent or deceptive statements;
threatening, intimidating or harassing statements, or material which
violates the privacy rights or property rights of others (copyrights
or trademarks, for example).
Indecent content is that which depicts sexual or excretory activities
in a patently offensive matter as measured by contemporary community
standards.
Objectionable content is otherwise legal content with which Droffa
Design Group Inc. concludes, in its sole discretion, it does not
want to be associated in order to protect its reputation and brand
image, or to protect its employees, shareholders and affiliates.
SECURITY
You are responsible for any misuse of your account, even if the
inappropriate activity was committed by a friend, family member,
guest or employee. Therefore, you must take steps to ensure that
others do not gain unauthorized access to your account. In addition,
you may not use your account to breach security of another account
or attempt to gain unauthorized access to another network or server.
For security purposes the listed account holder, and/or the listed
account administrator are the only authorized individuals that may
request edits, changes, or information for the account. Authorization
to release information and/or edit and/or make changes from anyone
other than the listed account holder and/or the listed account administrator
must be received in writing.
Your password provides access to your account. It is your responsibility
to keep your password secure. Passwords must contain at least six
characters, and should contain at least one number or symbol, should
contain both uppercase and lowercase letters, and should not be
based on any word found in the dictionary or on any personal information
(name or birth date, for example). Your password should not be the
same as your user ID. Sharing your password and account access with
unauthorized users is prohibited.
You should take care to prevent others from using your account since
you will be held responsible for such use. Attempting to obtain
another user's account password is strictly prohibited, and may
result in termination of service. You must adopt adequate security
measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security
of any host, network or account ("cracking"). This
includes, but is not limited to, accessing data not intended
for you, logging into or making use of a server or account you
are not expressly authorized to access, or probing the security
of other networks. Use or distribution of tools designed for
compromising security is prohibited. Examples of these tools
include, but are not limited to, password guessing programs,
cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host,
or network ("denial of service attacks"). This includes,
but is not limited to, "flooding" of networks, deliberate
attempts to overload a service, and attempts to "crash" a
host.
Users who violate systems or network security may incur criminal
or civil liability. Droffa Design Group Inc. 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.
BILLING
All Droffa Design Group Inc. Accounts are monthly accounts and are
prepaid. Charges for new accounts are prorated to accommodate the
billing cycle. The billing cycle runs from the first of the month
to the last day of the month. Charges for terminating accounts are
not prorated. Charges for usage by customer beyond the base amount
of usage contained in customer's service plan shall be billed the
following month along with base charges for the coming month. Volume
discounts for bulk purchases of monthly connectivity services remain
in effect for the total length of the term, otherwise, full fees
will apply. Pre-authorized Payment by credit card or automatic bank
debit is the preferred method of payment. Payment is due by the
first of the month or upon receipt of any invoice.
Droffa Design Group Inc. may terminate any account with no refund
to customer in the event of customer's breach of any of the terms
or conditions contained herein. Delinquent accounts are those
that remain unpaid at the beginning of the next accounting cycle,
and are subject to a 2% per month service charge (24 % per annum).
Accounts that are delinquent for more than five days are put
on "accounting
hold", their files are then archived and access is denied.
Droffa Design Group Inc. accounts continue to accrue charges
while they are on hold. Accounts that are unpaid for ten days
after due date have their files purged. There is a service reconnection
charge equal to one half the currently charged set-up fee, or
ten dollars, whichever is greater, to remove accounts from accounting
hold status. The account holder acknowledges responsibility for
the account until payment in full is made.There is a $20.00 service
charge for each returned check. An automatic reminder has been
programmed into your account to notify you when your account
is about to expire, as well, your account has been automatically
added to the Droffa Design Group Inc. listserver in order for
you to receive the Droffa Design Group Inc. Newsletters and important
notices.
ACCOUNT CANCELLATIONS
Cancellation requests for Droffa Design Group Inc. accounts must
be received in writing via fax, or postal service at Droffa Design
Group Inc.'s main office one month prior to the next billing cycle.
The inherent difficulties in verifying the authorship of email makes
it un-satisfactory for transmitting account cancellations.
TECHNICAL SUPPORT
Droffa Design Group Inc. will only be responsible for the Internet
software that is included with the Droffa Design Group Inc. installation
packages for standardized hardware. Internet software that has not
been provided by Droffa Design Group Inc. or systems that are not
standardized are not the responsibility of Droffa Design Group Inc.
either for Support, functionality or replacement. The User agrees
to obtain a basic knowledge of their computer's operating system,
configuration and interface, along with a basic knowledge of the
Internet and its operating principles and procedures.
NETWORK PERFORMANCE
Droffa Design Group Inc. accounts operate on shared resources. Excessive
use or abuse of these shared network resources by one customer may
have a negative impact on all other customers. Misuse of network
resources in a manner which impairs network performance is prohibited
by this policy and may result in termination of your account. You
are prohibited from excessive consumption of resources, including
CPU time, memory, disk space and session time on shared resources.
You may not use resource-intensive programs that negatively impact
other customers or the performance of Droffa Design Group Inc. systems
or networks. Droffa Design Group Inc. reserves the right to terminate
or limit such activities.
PENALTIES
Abuse of the system by a user generally costs Droffa Design Group
Inc. time, money and resources. It is not fair that this additional
cost should be borne by the other customers of Droffa Design Group
Inc.. A minimum service fee of $500.00 will therefore be applied
to the users account. Account holder and user further agree to pay
Droffa Design Group Inc. reasonable collection and attorney fees
on service charges shown, without regard to further legal action
taken by Droffa Design Group Inc. to recover other or related consequential
damages suffered by account holder or user's actions.
LIMITATION OF LIABILITY
ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE"
BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE
PROVIDED THEREBY. Droffa Design Group Inc. is not responsible for
Customer's files residing on the Droffa Design Group Inc. network.
Customer is responsible for independent backup of all such data
at a site determined by customer. Droffa Design Group Inc. cannot
and does not exercise any control whatsoever over the information
passing through its network or through the Internet. Droffa Design
Group Inc. is in no way responsible for any data loss or damage
arising from viral infection from the Internet. Droffa Design Group
Inc. and/or contributors shall have no liability whatsoever to you
for any claim(s) relating in any way to: your inability or failure
to perform research or related work or to work properly or completely,
or any lost profits or consequential, exemplary, incidental, indirect
or special damages relating in whole or in pArt to your rights hereunder
or use of, or inability to use, Droffa Design Group Inc.'s Internet
Services. Droffa Design Group Inc. will not be responsible for any
damage suffered by you, including, but not limited to, loss of data
resulting from delays, non-deliveries, mis-deliveries, or service
interruptions caused by its own negligence or your errors or omissions.
Use of any information obtained via Droffa Design Group Inc.'s Internet
Services is at your sole risk. Droffa Design Group Inc. specifically
disclaims any responsibility for the accuracy or quality of information
obtained through Droffa Design Group Inc.'s Internet Services.
As a user you are warned that some Internet sites accessible
via the Droffa Design Group Inc. network allow posting, retrieval,
and/or electronic mailing of materials that may be considered
obscene or objectionable. Droffa Design Group Inc. is not responsible
for inadvertent or deliberate access to such material and cannot
prevent access of such material. It is recommended that each
customer closely monitor use of his/her account especially in
the case of potential use or misuse by minor children. Accounts
for minor children must be opened by a parent or legal guardian
with their explicit consent. Droffa Design Group Inc. network
services may be used only for lawful purposes. Transmittal of
any material in violation of any international, federal or state
regulation is prohibited. This includes, but is not limited to:
copyrighted materials, material legally judged to be threatening
or obscene, or material protected by trade secret or software
protected by copyright. You agree to indemnify and hold harmless
Droffa Design Group Inc. (AKA Droffa Design Group Inc. Inc, tera-byte.com)
from any claims resulting from your use of the service that damages
you or another pArty. Any access to other networks through the
Droffa Design Group Inc. network must comply with the rules appropriate
for the other network. Violation of the rules of other networks
is grounds for account cancellation. This includes, but is not
limited to, mass Usenet posting, Usenet cross-posting, mass emailing,
and/or the sending of unsolicited email, commercial or otherwise.
Droffa Design Group Inc. and its affiliates shall not be liable
under any legal theory (including tort or contract) for any direct,
indirect, incidental, special or consequential damages in any
way related to the product or services provided. Under no circumstances
and under no legal theory, tort, contract, or otherwise, shall
Droffa Design Group Inc. be liable to you or any other person
for any indirect, special, incidental, or consequential damages
of any character including, without limitation, damages for loss
of goodwill, work-stoppage, computer failure or malfunction,
or any and all other commercial damages or losses, or for any
damages even if Droffa Design Group Inc. has been informed of
the possibility of such damages, or for any claim by any other
pArty.
OPERATION
Droffa Design Group Inc. reserves the right to change its services
without notice including but not limited to access procedures,
hours of operation, menu structures, commands, documentation,
and services offered. Notice of modifications to this Acceptable
Use Policy will be posted to this Droffa Design Group Inc. Web
page. Customers are encouraged to review the current Acceptable
Use Policy on a regular basis. Customer's use of Droffa Design
Group Inc. network after such notice shall constitute Customer
acceptance of such modifications. Customer understands that Droffa
Design Group Inc. services may be interrupted for several reasons,
including but not limited to malfunctions, maintenance, and improvement
or as required to protect network resources in the event of malfunctions
or misuse. Customer understands that it may not receive advance
notification of any such interruption of service. There will
be no refunds for scheduled or unscheduled service interruptions
of less than 24 hours duration. At its sole discretion, Droffa
Design Group Inc. may elect to provide a pro rata or additional/extension
of service refund for service interruptions of greater than 24
hours. Droffa Design Group Inc. reserves the right at its sole
discretion to delete any information entered into Droffa Design
Group Inc. network computer systems by Customer. Droffa Design
Group Inc. and its authorized representatives shall retain the
right, but shall not be obligated, to review/accept/reject publicly
viewable information. Droffa Design Group Inc. reserves the right
to delete Customer's files, including but not limited to Web
page(s) and email, for which a storage fee has not been paid
and which have not been accessed for more than one (1) month.
Droffa Design Group Inc. reserves the right to refuse and/or
terminate service to anyone or any entity for any reason at its
sole discretion with or without notice. The owner of this document
is Droffa Design Group Inc.
