Customers utilizing any of DakotaPro.biz’s services hereby agree to abide by the reasonable rules and regulations imposed by DakotaPro.biz regarding the use of its services. These rules and regulations are called the Acceptable Use Policy (AUP) and are described herein. The AUP is not exhaustive and DakotaPro.biz reserves the right to modify the AUP at any time. This Policy is subject to change with notice by publication on this webpage; customers are responsible for monitoring this webpage for changes. Customers who provide services to their own users must take steps to ensure compliance by their users with this AUP. This Policy was last updated on October 10, 2008.
Any violation of the AUP may result in the suspension or termination of your account or such other action as DakotaPro.biz deems appropriate. Any unlisted activity may also be a violation of the AUP if it constitutes illegal, irresponsible or disruptive use of the Internet. No credits of any kind will be issued for an interruption in service resulting from policy violations.
DakotaPro.biz is committed to providing quality high-speed internet connectivity, security, and various enabling technologies such as voice IP services to its customers. We strongly believe that the internet is an incredible resource for all to enjoy. However, it can also be abused when it is used to harm others and/or excessive amounts of resources are hoarded by one or a few individuals. As a customer or user of DakotaPro.biz’s services, it is your responsibility to submit any questions about appropriate use of this resource to DakotaPro.biz’s attention by emailing us at custserv@DakotaPro.biz.
This document constitutes what we believe to be an appropriate “Acceptable Use Policy.” If DakotaPro.biz finds that someone is abusing the system, DakotaPro.biz will first educate the user(s) who has broken this agreement and then terminate the user’s (or users’) DakotaPro.biz
Customers may use DakotaPro.biz to connect to the internet and, in general, use this connection any way they like, with some common-sense restrictions. The following categories describe areas where customers should be aware of potential problems. services or any portion thereof if necessary.
DakotaPro.biz customers may not use DakotaPro.biz ‘s network, machines, or services in any manner which:
- Violates any applicable law, regulation, treaty, or tariff,
- Violates the Acceptable Use Policy of any networks, machines, or services which are accessed through DakotaPro.biz ‘s network,
- Infringes on the intellectual property rights of others,
- Sends or helps to propagate computer viruses, worms, etc.,
- Directly or indirectly results in DakotaPro.biz, its resources (like IP address ranges) or any of its subsidiaries being listed in any abuse database,
- Constitutes prohibited activity. Prohibited activity includes but is not limited to: unauthorized use/access or attempted unauthorized use/access of any machines or networks, denial of service attacks, falsifying header information or user identification information, monitoring or scanning the networks of others without permission, sending unsolicited bulk email, maintaining an open mail relay, collecting email addresses from the Internet for the purpose of sending unsolicited bulk email or to provide collected addresses to others for that purpose, transmitting or receiving copyright-infringing or obscene material, and interfering with service to any user, host or network in any way.
Customers are solely responsible for the security of their own networks and any equipment under the customer’s control. DakotaPro.biz will assume neither responsibility nor accountability for failures or breach of customer-imposed protective measures, whether implied or actual. Abuse that occurs as a result of a compromised customer’s system or account may result in suspension of services or account access by DakotaPro.biz. Any system or network security violation will be investigated and DakotaPro.biz will cooperate with law enforcement officials in any investigation pertaining to any violations. Such violations may result in criminal and/or civil liability to persons.
If inappropriate activity is detected, all accounts and services of the customer in question will be suspended until an investigation to determine the cause/ source of the offense is complete; pending the outcome of said investigation, the customer’s account may be suspended indefinitely. Prior notification to customer of suspension is not assured. Those persons who initiate blatant violations of this AUP are responsible for the cost of labor, without limitations, to correct any damage done to the DakotaPro.biz system or network or any damage done to DakotaPro.biz’s patrons’ systems or networks, including but not limited to DakotaPro.biz or outside contractors repairing damages caused by the violation, responding to complains from customers of DakotaPro.biz whose services were interrupted or damaged by said violation, and compensating for any other monetary or proprietary loss caused by the violation. Labor to correct such damages will be categorized as emergency recovery service and will be charged at the current industry standard rate for emergency security breach recovery which will be not less than $200 USD per hour, which the person or persons who initiated the violation will be liable for paying. Additional liabilities, above and beyond merely the cost of labor to reverse such destruction, may apply. Such violations that breach US, US state, or international law will be reported to the appropriate law enforcement authorities and criminal charges will be filed. Any violation of policies which results in extra costs will be billed to the customer.
A password is one of the most important aspects of each customer’s account. Each customer is responsible for protecting his or her passwords. Any unauthorized use of the password or passwords of one or more customers will be reported to and dealt with by law enforcement authorities. DakotaPro.biz will cooperate fully with any legal or punitive investigations conducted by law enforcement authorities pertaining to unauthorized use of such information.
DakotaPro.biz provides Email services to most of its customers. Use of Webmail Storage: While DakotaPro.biz does provide a webmail interface including online storage with its email services, DakotaPro.biz does not recommend its use for long-term storage of important information. Because of the sheer volume of email that passes through DakotaPro.biz’s servers at any given time, no regular backup of this data is performed. Information stored on DakotaPro.biz’s servers is at risk of being lost in the event of hardware failures due to any cause, including but not limited to natural disasters or disasters caused by human error. It is DakotaPro.biz’s policy that online (i.e. webmail) email storage be used at the customer’s own risk and should be used solely for customer convenience. Customers should download and save important data to their own personal computers or data storage devices on a regular basis. DakotaPro.biz makes no claim, either expressed or implied, as to the availability of email stored on DakotaPro.biz’s servers.
Prohibited Activities: The following is a non-exhaustive list of email activities that are prohibited:
- Sending unsolicited bulk email (SPAM) for any reason.
- Sending unsolicited bulk email from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by DakotaPro.biz, including without limitation email, web, FTP, and DNS services.
- Continuing to send someone email after being asked to stop (this constitutes harassment).
- Using email to disrupt others (e.g., mail bombing, “flashing,” etc.).
- Sending email with falsified header information.
- Sending chain letters, pyramid schemes, hoaxes and/or any email that similarly extorts, threatens or provides knowingly false information with the intention to cause harm, terror or loss, be it financial or otherwise.
- Using DakotaPro.biz’s services to harvest or collect in any manner email addresses or other personal information from the Internet for the purpose of unsolicited marketing of any kind, directly or indirectly, including sending unsolicited email including but not limited to selling email addresses or other personal information to third parties.
Sending solicited bulk email is allowed under very specific certain circumstances. They are:
- Senders must use their own Email server to send such Email; DakotaPro’s Email servers can never be used.
- Senders must only email to those recipients who have “opted in”.
- Senders must have a method of confirmation or verification of opted in subscriptions and be able to show evidence of subscription for users who complain about receiving unsolicited email. DakotaPro.biz reserves the right to audit for proof of such subscriptions any individual or company using our services to send bulk email to such lists. Requests for “opt-in” proof must be responded to within 72 hours from the time the request was made.
- DakotaPro.biz reserves the right to test portions of any customer’s email list in response to complaints, to request opt-in information from a random sample of that list at any time, and to determine under DakotaPro.biz’s sole discretion the validity of any customer’s email list.
- Senders acknowledge the risk that Blacklist and Email reputation scoring systems have dramatically increased the business risks of sending such Email, even though it may have been legitimately solicited at one time. Because of this ongoing risk, DakotaPro.biz strongly discourages the use of bulk email in any form.
Should complaints be received and or a Customer finds their IP address blocked due to abuse of any of the above policies, their account will be charged the cost of Network Administration labor hours needed to resolve the issue(s). There will be a minimum charge of $200 for all such events.ConnectionsUnless agreed to in writing, DakotaPro.biz customers are not allowed to resell, share or otherwise distribute Internet connectivity or bandwidth services that may be provided to the Customer to any persons or computers not in use inside the Customer’s service address.
Static IP’s are defined as IP addresses that do not change each time the customer connects to DakotaPro.biz’s network. While DakotaPro.biz will make every effort to ensure that once issued, static IP’s will not have to be re-numbered, DakotaPro.biz reserves the right to renumber IP’s at any time. Customer is wholly and fully responsible for all costs associated with configuring and programming their equipment to utilize static IP’s. Dedicated and Web-hosting CustomersIn order to better serve our business customers (who provide services to their own users), Customers must:
- Maintain valid postmaster and abuse addresses for their domains,
- Comply with all applicable Internet RFCs,
- Maintain appropriate reverse DNS information for all hosts receiving connectivity through DakotaPro.biz ‘s network for which DNS responsibility has been delegated to the customer,
- Maintain accurate contact information with the InterNIC and any other appropriate domain and IP address registries,
- Provide a 24/7 contact address to DakotaPro.biz for dealing with security and abuse issues
The World Wide Web and FTP
Web pages and FTP files may not contain any material, text, or images, whether hosted on DakotaPro.biz servers or “transclusioned” (images from another site displayed on the page) which violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others. Web pages and FTP files may not contain links that initiate downloads of copyright-infringing or other illegal material. Those who believe users of DakotaPro.biz ‘s services are infringing their copyrights must submit their complaints in writing to webmaster@ DakotaPro.biz.
No material may be published by means of DakotaPro.biz that is illegal, libelous, tortuous, indecently depicts children or is likely to result in retaliation against DakotaPro.biz by offended users.
Using the DakotaPro.biz network to solicit any illegal activity, regardless of whether the illegal activity is actually performed, is prohibited. Internet Relay Chat/ UsenetAny hosting, installing, or maintaining or use of bots over the DakotaPro.biz system is prohibited. Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use IRC/ Usenet is prohibited. Impersonating other users, advertising, and spamming via IRC/ Usenet is prohibited. Any use of IRC/Usenet that is in clear violation of the policies of that respective media is also a violation of this AUP. SecurityCustomers are responsible for the security of their own networks and machines, including servers stored on the DakotaPro.biz premises. DakotaPro.biz will assume neither responsibility nor accountability for failures or breach of customer-imposed protective measures, whether implied or actual. Abuse that occurs as a result of a compromised customer’s system or account may result in suspension of services or account access by DakotaPro.biz and will be reported to the proper law enforcement authorities.
Any programs, scripts, or processes which generate excessive server load on DakotaPro.biz servers are prohibited and DakotaPro.biz reserves the right to terminate or suspend any such program, script, or process.
Any customer using one or more IP addresses not assigned by DakotaPro.biz will be suspended from the network until such IP addresses are corrected. Any customer spoofing a false IP address will be suspended from network access.
It is prohibited to store on DakotaPro.biz ‘s servers any program, utility or file that in use would constitute a violation of this policy or of US or state law. For example, it is a violation to store hacker scripts, IRC bots, or spamming software on DakotaPro.biz ‘s servers. It is also a violation to store any media which in any way breaches US laws regulating child pornography or obscene materials. Federal and state laws make it a crime to produce, possess, distribute, or sell pornographic materials that exploit or portray a minor. Increasingly, child pornography laws are being utilized to punish use of computer technology and the Internet to obtain, share, and distribute pornographic material involving children, including images and films. Further, DakotaPro.biz disallows using DakotaPro.biz’s servers for hosting the commercial distribution of adult-oriented material including pornographic or otherwise obscene material as defined by the “Miller test” (Miller v. California, 413 U.S. 15,1973).
Disclaimer of Responsibility
DakotaPro.biz is under no duty to monitor user activity to determine if a violation of this AUP, including violation of any law, regulation, treaty, or tariff, has occurred. Furthermore, DakotaPro.biz does not assume any responsibility through the publication or creation of this AUP to monitor or police user activities or internet related activities. DakotaPro.biz disclaims any liabilities to itself caused by a user’s or users’ violation of this AUP.
DakotaPro.biz makes no warranty or guarantee, express or implied, with respect to any services or products provided under this AUP. expressly disclaims any implied warranties of merchantability and fitness for a particular purpose. DakotaPro.biz shall not be liable for indirect, incidental, consequential, reliance or special damages, including without limitation damages for harm to business, lost profits, lost savings or lost revenues, whether or not DakotaPro.biz has been advised of the possibility of such damages.
DakotaPro.biz shall not be liable for unauthorized access by third parties to customer’s transmission facilities or premise equipment or for unauthorized access to or alteration, theft, loss or destruction of customer’s network, systems, applications, data files, programs, procedures or information through accident, fraudulent means or devices, or any other method.
* For the purpose of this AUP, the terms “customer” and “user” are used interchangeably. The use of the term “customer” applies to every person who uses DakotaPro.biz’s services regardless of the amount, if any, said customer pays for services. This AUP is non-exhaustive.