ACCEPTABLE USE POLICY
ACCEPTANCE OF TERMS
This Acceptable Use Policy ("Policy") sets forth the principles, guidelines, and requirements governing the use by customers and users (collectively, "Users") of systems, networks, services, and products (the "Services") of Digital Management Services Communications LLC (DMS)., or any of its subsidiaries, joint ventures, affiliates, partnerships, or other entities controlled, or partially controlled, by DMS, Inc. that are providing Services to Users (collectively, "DMS"). User's use of the Services shall constitute acceptance with the terms of this Policy. This Policy also applies to any person visiting any of the web sites, whether such person is a DMS customer or user, a visitor to a public area of our Services and products, or a participant in one of our promotional offerings. DMS reserves the right to modify this Policy at any time, effective upon posting of the modified Policy to the DMS website: www.dmsvoip.com. Users are advised to regularly review this Policy. This Policy has been created to promote the integrity, security, reliability and privacy of the Services. Any violation of this Policy may result in the suspension or termination of the Services.
PROHIBITED USES
Uses of the Services in the manner described below are prohibited under this Policy. DMS may investigate incidents involving alleged violations of this Policy and may cooperate with law enforcement and other third parties. User shall be responsible for determining what laws or regulations are applicable to its use of the Services. The Services may be used only for lawful purposes and may not be used to violate any operating rule, policy, or guideline of any other online service provider or interactive service. The examples identified in the subsections below are non-exclusive and are provided, in part, for guidance purposes.
General
The Services may not be used to transmit, retransmit, distribute, post, or store any material, that, in the sole judgment of DMS:
• is obscene, indecent, profane, pornographic, threatening, libel, defamatory, or otherwise objectionable information of any kind, including material that restricts a civil liberty;
• is an action that restricts or inhibits any person, whether a User of the Services or otherwise, in its use or enjoyment of Services or any other systems, services or products;
• constitutes deceptive or misleading on-line marketing;
• is intended to solicit DMS customers for any competitive service;
• is in violation of any rights of any person including rights protected by copyright, trade mark, trade secret, patent, or other intellectual property or similar laws or regulations including, but not limited to the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by the User;
• is in violation of any local, state, federal, or international law or regulation or guidelines of any other online service provider or interactive service;
• is in violation of any accepted industry standards, whether or not expressly mentioned in this policy, designed to prevent interference with privacy rights, prohibit misuse of system resources, including spamming, or stop illegal or otherwise unethical Internet usage;
• is in violation of the terms of Service of any other network access provider;
• is in violation of export control laws; and
• Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers (such conduct is ground for immediate termination and may subject the offender to civil or criminal liability).
In addition, all Users are specifically prohibited from, in DMS's sole judgment:
• utilizing multiple logins, except as permitted by DMS;
• attempting to circumvent the "idle daemon" or time charges accounting, or attempts to run programs while not logged in by any method;
• consuming excessive resources, including CPU time, memory, disk space and session time or using the resource-intensive programs that negatively impact other system Users or the performance of DMS's systems or networks; and
• sharing of passwords or accounts with others.
System or Network Security
The Services and products may not be used in connection with attempts - whether or not successful - to violate the security of any system, network, or service. Examples of system or network security violations include, without limitation, the following: unauthorized access to or use of data, including any attempt to circumvent User authentication or security of any host, network, or account (hacking, cracking, port scans, or flood pings); unauthorized monitoring of data or traffic; interfering with service to any User, host, system or network; conducting denial of service attacks; any attempt to disrupt service including, but not limited to, distributing or introducing viruses, worms, or other harmful software; and creating an active full time connection on a DMS-provided dial-up account for Internet access by using artificial means, involving software, programming, or any other method.
Use of Personal Information
User shall not use the Services to invade the privacy of any third party in any way. User shall not use the Services to obtain or harvest personal information about other Users, including Internet addresses. User shall not use the contact information that is made available through the Services for mass communications (whether through electronic, telephone, or direct mail) unless specifically authorized.
The Services may not be used to transmit, retransmit, or distribute by e-mail or any other method any material, that violates any condition of this Policy including, but not limited to, in the sole judgment of DMS:
• any unsolicited e-mail, including SPAM emails, whether commercial or otherwise including, but not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts;
• solicited e-mail that contains material that otherwise violates this Policy;
• any e-mail that falsifies the address or other information for the purpose of concealing the sender's or recipient's identity;
• any harassing e-mail, whether through language, frequency, or size of messages;
• any e-mail "chain letters" or other "pyramid schemes";
• e-mail relayed without the express permission of that site, service, system or network;
• e-mailing the same or similar messages sent to one or more newsgroups (also known as "cross-posting" or "multiple posting");
• e-mail containing false or misleading statements, claims, or representations; and
• forging header information including, but not limited to, any attempt to circumvent the approval process for posting to a moderated newsgroup.
Prohibited Uses of Services and Products
User must use the Services in a manner that, in DMS's sole judgment, is consistent with the purposes of such Services. User shall not resell any of the Services. User shall not engage in any acts that restrict or inhibit any person from use or enjoyment of any of the Services.
Software
Any software downloaded from or provided by DMS is copyrighted. User shall use such software only in accordance with the end User license agreement accompanying the software.
VIOLATIONS OF THIS POLICY
DMS does not intend to actively monitor the content of web sites, e-mail, news groups, or other materials created or accessible over its services. DMS, however, reserves the right to monitor such services. Violations of this Policy may result in temporary suspension or permanent termination of service, demand for removal of offending material, blocked access, or any other action DMS deems appropriate to address the violation.
LIABILITY
IN NO EVENT WILL DMS BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ACTIONS TAKEN PURSUANT TO THIS POLICY, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, OR OTHERWISE, EVEN IF DMS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, DMS DOES NOT ASSUME RESPONSIBILITY FOR, AND IS IN NO WAY LIABLE FOR, CONTENT ON THE INTERNET OR OF THE SERVICES.
COMPLAINTS
Please report any activity in violation of this Acceptable Use Policy to: support@dmsvoip.com or mail to:
Digital Management Services LLC.
Attn: Support Department
2 Stamford Landing. Suite 170
Stamford. CT. 06902
Should you have other questions or concerns about DMS Voice's Acceptable Use Policy, please contact us.
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