DigiSage's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what DigiSage expects of them while using the service. All users of DigiSage's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of DigiSage Service constitutes acceptance and agreement to DigiSage's AUP as well as DigiSage's TOS (Terms of Service)
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. DigiSage may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your DigiSage account or other actions.
This document is intended to provide a basic understand of DigiSage's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of DigiSage's AUP:
DigiSage intends to provide its customers access to everything the Internet has to offer. While DigiSage is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both DigiSage and the Internet and cannot be permitted under the guise of free speech. The resources of DigiSage and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
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.
You may not use your server to publish material, which DigiSage 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.
If a DigiSage account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at firstname.lastname@example.org.
The following constitute violations of this AUP:
Use of the DigiSage service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
The customer understands, acknowledges and agrees that by initial and continued use of the services provided by DigiSage , hereinafter referred to as "DigiSage ", that he or she agrees to, and is bound by the DigiSage Copyright Act Policy.
The customer understands, acknowledges and agrees that DigiSage may revise policies, agreements and notices at any time without notice and that he or she shall be bound by the policies, agreements and notices as currently posted on the DigiSage web site which as a whole shall constitute DigiSage's Acceptable Use Agreement.
DigiSage is committed to complying with U.S. copyright law and expects all end users who access some of our Services but do not have accounts ("Visitors") as well as those who pay a monthly service fee to subscribe to the Services ("Subscribers") to do the same.
The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet.
Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on Web pages hosted by the service provider.
Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, DigiSage will remove or block access to the allegedly infringing material. If a Member or user of the DigiSage Service believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter notice to DigiSage . DigiSage will not be a party to disputes over alleged copyright infringement.
This information should not be construed as legal advice to our Subscribers or Visitors. If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, we advise that you seek legal counsel. We are providing the following information to you for informational purposes only.
Notification of Claimed Copyright Infringement
If you believe that a Web page hosted by DigiSage is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with DigiSage's designated agent in by email to email@example.com or via fax to (801) 437-1133
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
Counter Notification to Claimed Copyright Infringement
If a notice of copyright infringement has been filed against you, you may file a counter notification with DigiSage's designated agent at the address listed above. Such counter notification must contain the following information:
If DigiSage receives a valid counter notification, the DMCA provides that the removed material will be restored, or access re-enabled.
Please be advised that U.S. copyright law provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement.
This policy was last modified and published Saturday, September 15, 2004 and supersedes any and all previous policies governing the DigiSage Digital Millennium Copyright Act Policy.
Third Party Accountability:
DigiSage subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
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.
Your password provides access to your account. It is your responsibility to keep your password secure.
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. 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. DigiSage 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.
DigiSage 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. You may not use resource-intensive programs which negatively impact other customers or the performances of DigiSage systems or networks. DigiSage reserves the right to terminate or limit such activities.
DigiSage requests that anyone who believes that there is a violation of this AUP direct the information to firstname.lastname@example.org.
If available, please provide the following information:
DigiSage reserves the right to revise, amend, or modify this AUP and our other policies and agreements at any time and in any manner.