Acceptable Use Policy

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DFN provides a computer access service to the Internet. (“The Network”). Users of the Network must respect the intellectual property and conditions to use, as listed below. Acceptance of DFN services indicates your consent. The term “User” is meant to refer to you.
Revision of Terms and Conditions
DFN may revise the terms and conditions of this Agreement at any time. Any such revisions will be binding and effective immediately on posting to the web site at User’s use of the Network after a change is posted constitutes agreement to that change.
Personal Use
Service furnished by DFN cannot be sold, assigned or sublet, without written permission, which permission may be denied in DFNs sole discretion.
Rules and Regulations
User will abide by all rules and regulations of the Network, as may be issued from time to time by DFN. The Network may be used only for legitimate and approved purposes, as set forth in the documentation. Users who disregard this policy will be subject to removal from the Network and/or legal action by DFN.
No Web Hosting, Web Servers, File/Movie/Music Servers or Sharing or Distributed Peer-to-Peer File Sharing Services. Bandwidth will be monitored and action will be taken for ALL cases of abuse. If User is found to be abusing bandwidth multiple times (even if there is no prior warning to discontinue) or after User has been informed and told of abuse and is still found to be doing so, the User will be suspended and/or banned from broadband use and service.
User will not allow another person to use his/her security number or password.
Copying of Software
Unauthorized Use
User will not view or use another person’s computer file, programs, or data without the permission of that individual. User agrees that viewing or using another person’s computer files, programs, or data without the permission of that individual is unethical, an invasion of privacy, and can be considered (in the case of unauthorized use) theft of personal property.
Unauthorized Entry
Unauthorized entry into a system is trespassing. Any attempt to circumvent the security mechanisms shall be considered attempted theft or trespass. Deliberate attempts to degrade Network performance or capability, or attempts to damage systems, software or property of others will be cause for removing User from the Network, and may be grounds for legal action against User.
Users are responsible for maintaining whatever level of backup of their files is needed. DFN performs backup of its servers, however, there is no guarantee that specific files will be able to be restored and DFN is not responsible for recreating data files.
Prohibited/Abusive Activities
Inappropriate software, products, and services. You agree not to post, transmit, promote, or otherwise make available any software, product or service that is illegal, violates the rights of DFN or a third party, or is designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. “spamware”), services which send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs, and programs designed to gain unauthorized access to networks on the Internet.
Abusive Bandwidth or Inactive Connections
DFN reserves the right to timeout, disconnect, modify and/or adjust abusive bandwidth or inactive connections at its discretion.
Monitoring the Service
DFN has no obligation to monitor the services, but may do so and disclose information regarding use of the service of DFN, in its sole discretion, when it believes that it is reasonable to do so, including to: satisfy laws, regulations or requests; comply with applicable state and federal law; operate the service properly; or to protect itself and its subscribers.
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. DFN does not represent or warrant that the Network will be error free or uninterrupted. Use of the Network under this agreement is strictly on an “as is” basis. DFN has not quality assured any public domain software or programs operating on the Network and User agrees that user of such software or programs is on an “as is” basis, without warranty nor representation. DFN specifically denies any responsibility for the accuracy or quality of information obtained through the Network.
Limitation of Liability
DFN’s liability to User for any losses or damages, direct or indirect, whether based in contract or tort or any other theory, arising out of the use of the Network (including lost data, information, or profits), shall not exceed the fees paid to DFN by User for the month in which the alleged incident giving rise to the loss or damages occurred. DFN shall not be liable for special, incidental, consequential or punative damages of any nature.
Relation to Price
The price for services provided under this Agreement are set in express reliance on the enforceability of the limitation on warranties and limitation of liability set out in this agreement.
User is responsible for maintenance of User equipment and upgrading that equipment to the ongoing specifications of the Network. User is responsible for errors in input data. User accepts full responsibility for updating its user documentation, as such updates are issued.
Refusal of Services
DFN reserves the right to refuse Network services to anyone who in DFN’s sole discretion may be a security risk to the Network or other users. If unlawful, unauthorized, threatening, obscene, abusive or objectionable activity has been reported or is suspected, DFN reserves the right to review any material stored in files or programs to which Network users have access, public or private, and will edit, or remove any material which DFN, in its sole discretion, believes to be unauthorized, unlawful, threatening, obscene, abusive, or otherwise objectionable.
User agrees to indemnify and hold harmless DFN from any loss, claim, or damage resulting from User’s use of the Network which damages DFN or any third party, and User further agrees to compensate anyone harmed by User’s unlawful, unauthorized, threatening, obscene, abusive or objectionable use of the Network.
The information provided on the Network is offered as a community service and is not a substitute for individual professional consultation. Adequate professional guidance for making important personal decisions cannot be provided through an electronic format of this type. Advice on individual problems should be obtained personally from a professional. User agrees that by his/her use of the Network, User is not seeking to establish a doctor/patient, lawyer/client, or similar relationship with any of the information providers and the information providers and DFN can rely upon User’s promises in this agreement as an inducement to provide information to the Network.
Change Orders
Specialized changes or other consultation as it relates to DFN’s standard product offerings will be billed on a time and materials basis; billings will be separate from the standard monthly service charges.
Third Party Claims
DFN is not responsible for claims against User by third parties, even if DFN is informed of such a claim or potential claim.
User shall not assign this agreement to another party.
DFN may terminate User access to the Network for a breach by User of any term or condition of this agreement or the Network documentation. DFN may from time to time change, add, or delete services available on the Network and the terms and conditions of use. DFN will inform User of such changes by posting such changes at Use of the Network by User after notification of such change constitutes acceptance of the new or changed terms and conditions.

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