ACCEPTABLE USE POLICY (AUP)

This Acceptable Use Policy specifies certain actions prohibited by DURUS TECHNOLOGIES for users of the DURUS TECHNOLOGIES Network. DURUS TECHNOLOGIES reserves the right to modify this Policy at any time to stay in compliance with any laws, regulations and security requirements. By using DURUS TECHNOLOGIES services, any customer, employee or third party unconditionally accepts the terms of this policy.

ILLEGAL USE
The DURUS TECHNOLOGIES Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation coming to or from any unauthorized network or system is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization; government and military data protected by law and national security; university and academic data protected by public policy; and material that, in DURUS TECHNOLOGIES' sole discretion, is obscene, defamatory, constitutes an illegal threat, facilitates identity theft or other fraud, or violates export control laws. Any violation of the above, which compromises the integrity of the DURUS TECHNOLOGIES Network or any other network is strictly prohibited.

NETWORK AND MACHINE RESOURCES
DURUS TECHNOLOGIES reserves the right to monitor and allocate network and machine resources. IP addresses are allocated per server and according to virtual server specifications. Cgi resources are allocated one per domain (a virtual host is required for each cgi-bin and is considered a virtual host). DURUS TECHNOLOGIES in its sole discretion and upon reasonable notice to customer reserves the right to discontinue any hosting account and/or any script which causes excessive server load and/or uses excessive server and network resources.
To protect Internet, network, and machine resources on behalf of the entire DURUS TECHNOLOGIES customer base, no individual customer may do the following:
1. Resell or give away web space under a domain name, or create "sub-domain" web sites on behalf of other companies, groups, or individuals (Customers interested in reselling DURUS TECHNOLOGIES' web hosting services should utilize the DURUS TECHNOLOGIES Reseller Program.);
2. Use their web site to store web pages, files, or data for other IP addresses or domain names, or as a repository for files, data, or "Warez group" download transfer;
3. Use their web site for data transfer from any database server, or for streaming audio and/or video downloads; or use their web site as a storage area for files that are not linked to the customer's web pages hosted on the same web site on DURUS TECHNOLOGIES'S servers;
4. Offer adult content, mp3 downloads, or software downloads; or
5. Utilize CGI/PERL chat, JAVA chat, or any other chat scripts in a manner that adversely affects the operations or performance of other DURUS TECHNOLOGIES’ customers, or of the DURUS TECHNOLOGIES system or network. The adverse effect of such use shall be determined by DURUS TECHNOLOGIES in its sole discretion.

DURUS TECHNOLOGIES may immediately suspend service without prior notice to any web site that violates these rules. In the event of any dispute regarding these rules, DURUS TECHNOLOGIES may determine violations of these rules in its sole discretion.
Customers utilizing bandwidth in excess of plan limitations, or in violation of these rules, will owe DURUS TECHNOLOGIES compensation therefore at the applicable rate for excess bandwidth.

SYSTEM AND NETWORK SECURITY
Violations of system or network security are prohibited, and may result in criminal and civil liability. DURUS TECHNOLOGIES will investigate incidents involving such violations and may involve and cooperate with law enforcement authorities if a criminal violation is suspected. DURUS TECHNOLOGIES respects the privacy of customer data and vigilantly protects that data and ALL customers who host with DURUS TECHNOLOGIES. If any violation of the law or this AUP is suspected, DURUS TECHNOLOGIES reserves the right to investigate. Use of the DURUS TECHNOLOGIES network constitutes consent to monitoring. Examples of unlawful acts, system, or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, damage, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks. Unauthorized access to any data, system, or network from an unauthorized system or network for any purpose which is not lawful or which is intended to do harm. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Electronic forging of any kind to include but not limited to IP addresses, domains, business names, etc.

EMAIL
Sending unsolicited email messages, including, without limitation, unwanted advertising and informational announcements, is explicitly prohibited, whether sent in bulk or not, and whether commercial in nature or not. The use of DURUS TECHNOLOGIES resources to sell or enable the sale of "bulk" and/or "stealth" email software (to include so-called "spoof" software) is strictly forbidden. The use of DURUS TECHNOLOGIES resources to sell or enable the sale of software designed to "harvest" email addresses is also categorically prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site owner. Legitimate mailing lists and subscriber lists are acceptable. Otherwise, it is spam.

USENET
Posting the same messages to multiple newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is expressly prohibited.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN DURUS TECHNOLOGIES CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.
For Example: If you are hosting a bulk email site on DURUS TECHNOLOGIES servers and you use another ISP to SPAM from in order to reference your DURUS TECHNOLOGIES site by IP address or domain name, you are violating DURUS TECHNOLOGIES policy and possibly the law. If you have been granted telnet access to DURUS TECHNOLOGIES servers, multiple telnet logons are strictly prohibited and you must come from a valid IP address. Forgery is against the law. Any type of denial of service attack from valid or invalid addresses is a violation of DURUS TECHNOLOGIES security policy and against the law. If you have been granted password privileges for FTP or telnet, sharing your password with an unauthorized user or third party is strictly prohibited. Complaints regarding illegal Use or System or Network Security issues should be sent to info@getduruscom.com. Complaints regarding email abuse should be sent to info@getduruscom.com. Complaints regarding USENET abuse or SPAM should be sent to info@getduruscom.com

COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act provides limitations for service provider liability relating to material online with regard to information residing, at the discretion of the user, on a system or network that the service provider controls or operates. 17. U.S. 512(c). The designated agents for notification of claimed infringement are: DURUS TECHNOLOGIES ATTN: COPYRIGHT ACT 1957-b Paulson Rd. Poulsbo, WA 98370. To view our online agreement, go to http://Durus Technologiescom.com/agreement.htm. DURUS TECHNOLOGIES does not tolerate any pornographic material or spamming and both infringements will result in an investigation and possible termination and removal of the site and/or virtual server without a refund. DURUS TECHNOLOGIES prides itself as a responsible member of the Internet community and is committed to protecting the data of and providing quality service to all DURUS TECHNOLOGIES customers all of the time.

INTERACTION WITH DURUS TECHNOLOGIES STAFF
Any threat, vulgar and profane language directed at any DURUS TECHNOLOGIES staff member through phone or email may result in immediate termination of an account. Any violation of this policy by any employee, contractor or third party programmer of DURUS TECHNOLOGIES should be reported immediately. Bottom line is let's work together toward a mutually beneficial relationship and create a prosperous and responsible Internet community.

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DICLAIMER

DURUS TECHNOLOGIES does not necessarily endorse, support, sanction, encourage, verify or agree with the content, comments, opinions or statements hosted by DURUS TECHNOLOGIES customers, banner exchange participants, advertisers, vendors or partners. Information, products, and services offered, sold or placed online belong to the respective companies or individuals who place them there and are not representative of DURUS TECHNOLOGIES. The user understands that DURUS TECHNOLOGIES is not responsible for the content, quality or merchantability of any information, product or service offered herein and the user must assume full responsibility to evaluate independently the accuracy, completeness, quality and usefulness of any information or other content.

DURUS TECHNOLOGIES hereby expressly disclaims any and all warranties, expressed and implied, including but not limited to any warranties of accuracy, reliability, merchantability or fitness for a particular purpose by any vendor, customer, or associate offering information, products, and services through DURUS TECHNOLOGIES' web site, linked to DURUS TECHNOLOGIES’ web site, or hosting with DURUS TECHNOLOGIES. The user agrees that DURUS TECHNOLOGIES’ is not responsible, and shall have no liability to such user, with respect to any information, product or service offered by others who are linked to the DURUS TECHNOLOGIES’ web site or are hosted on DURUS TECHNOLOGIES servers. DURUS TECHNOLOGIES shall not be liable for any damages allegedly sustained from use of the information, products and services. DURUS TECHNOLOGIES' only liability in the event of errors shall be the correction or removal of the erroneous information after verification.