This Acceptable Use Policy applies to all persons and entities (collectively, "customers") using the products and services of DS5000.com Scranton including Internet service. The policy is designed to protect the security, integrity, reliability, and privacy of both the DS5000.com Scranton network and the products and services DS5000.com Scranton offers to its customers. DS5000.com Scranton reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of DS5000.com Scranton's products and services constitutes your acceptance of the Acceptable Use Policy in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.  DS5000.com Scranton provides services to clients all around the world. DS5000.com Scranton has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed to insure these services.

What Uses are prohibited?  Unacceptable use includes, but is not limited to, any of the following:

·      Posting, transmission, re-transmission, or storing material on or through any of DS5000.com Scranton's products or services, if in the sole judgment of DS5000.com Scranton such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.

·      Installation or distribution of "pirated" or other software products that are not appropriately licensed for use by customer.

·      All services provided by DS5000.com Scranton may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless DS5000.com Scranton from any claims resulting from the use of the service which damages the subscriber or any other party. Note: Pornography and sex-related merchandising are prohibited on any DS5000.com Scranton server EXCEPT those that list "Adult Content Allowed".  This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to DS5000.com Scranton servers or any other server on the internet. Links to such materials are also prohibited.  Examples of non-acceptable content or links: Pirated software, "Illegal MP3's", Hackers programs or archives, Warez Sites,  Child Pornography, etc.  DS5000.com Scranton will be the sole arbiter as to what constitutes a violation of this provision.

·      Deceptive marketing practices.

·      Actions that restrict or inhibit anyone - whether a customer of DS5000.com Scranton or otherwise - in his or her use or enjoyment of DS5000.com Scranton's products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.

·      Introduction of malicious programs into the DS5000.com Scranton network or servers or other products and services of DS5000.com Scranton (e.g., viruses, Trojan horses and worms).

·      Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information. This also includes no IRC on the network

·      Executing any form of network monitoring that will intercept data not intended for the customer.

·      Circumventing user authentication or security of any host, network or account.

·      Interfering with or denying service to any user other than the customer's host (e.g., denial of service attack).

·      Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.

·      Failing to comply with DS5000.com Scranton's procedures relating to the activities of customers on Cogent-owned facilities.

·      Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document "use" of DS5000.com Scranton's products or services.

·      Harassment, whether through language, frequency, or size of messages.

·      Unauthorized use or forging of mail header information.

·      Solicitations of mail or any other E-mail address other than that of the poster's account or service, with the intent to harass or collect replies.

·      Creating or forwarding "chain letters" or other "pyramid schemes" of any type.

·      Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.

No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.  

Abusable Resources.  Any attempts to undermine or cause harm to a DS5000.com Scranton server or customer of DS5000.com Scranton is strictly prohibited. DS5000.com Scranton will pursue legal action to the fullest extent for all abuse of the DS5000.com Scranton Network.  Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay, or smurf amplifier), the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and enforced as such.

Enforcement.  DS5000.com Scranton may immediately suspend and/or terminate the customer's service for violation of any provision of this policy upon verbal or written notice, which notice may be provided by voicemail or E-mail. Prior to suspension or termination, DS5000.com Scranton attempts to work with our customers to cure violations of this policy and ensure that there is no re-occurrence; however, DS5000.com Scranton reserves the right to suspend or terminate based on a first offense.

Electronic Communications Privacy Act Notice.  DS5000.com Scranton makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon DS5000.com Scranton technology, and makes no guarantee that any other entity or group of users will be included or excluded from DS5000.com Scranton's network. In addition, DS5000.com Scranton may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.