DCN Terms and Conditions of Service
I. Warranties & DisclaimersThe services provided by the Davis Community Network (DCN) are data transport and storage. Hold HarmlessDCN will be held harmless from and against any and all claims suffered by end user arising from using our internet access including all damages, costs, attorney's fees, expenses and liabilities incurred in the defense of any claim or action or proceeding arising therefrom. Except for DCN's willful or grossly negligent conduct, end user hereby assumes all risk of damage to property, and/or personal or financial hardship.Attorney's FeesIf either party commences an action against the other party arising out of or in connection with DCN service, all parties involved shall bear their own costs and attorney's fees.Force MajeureALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY.End user understands that DCN services may be interrupted for several reasons, including but not limited to malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. End user understands that she may not receive advance notification of any such interruption of service. Scheduled outages will be publicized on-line and via email from DCN. DCN cannot and does not exercise any control whatsoever over the information passing through its network or through the Internet. DCN reserves the right to change its services including but not limited to access procedures, hours of operation, menu structures, commands, documentation, and services offered. Notice of modifications to these Terms and Conditions will be posted onto the DCN and occurrence of modifications will be communicated by general e-mail announcement. End users are encouraged to review the Terms and Conditions and the Acceptable Use Policy on a regular basis. End user's use of DCN after such notice shall constitute End user acceptance of such modifications. DCN is not responsible for any damages arising from End user's use of DCN or inability to use or access DCN's Internet services. There is no guarantee of message delivery. Email return receipts may be requested, but there is no guarantee that the recipient's mail system will process or even acknowledge these requests. DCN is not responsible for End user's files residing on DCN. End user is responsible for independent backup of all such data at a site determined by end user. Due to the potential threat of viral attack, DCN highly recommends end users protect against computer viruses. DCN is in no way responsible for any data loss or damage arising from viral infection from the Internet. End users undertake browsing and downloading of Internet files at their own risk. Consult with your local computer reseller, and/or information systems staff to determine the anti-viral protection program best suited to your needs. End user is hereby warned that some Internet sites accessible via DCN allow posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. DCN is not responsible for inadvertent or deliberate access to such material and cannot prevent access of such material. It is recommended that each end user closely monitor[s] use of his/her account because of potential use or misuse by minor children. Accounts for minor children must be opened by a parent or legal guardian with their explicit consent. II. Usage RulesThe services provided by DCN are data transport and storage. These services are contracted with adults of legal age only, and shall be governed by the laws of the State of California. Any access of these services by minors, or by residents of States or localities other than California, are the responsibility of the end user and not DCN.Any access to other networks through the DCN must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation. This includes, but is not limited to, mass Usenet posting, Usenet cross-posting, mass emailing, and/or the sending of unsolicited email, commercial or otherwise. There will be no refunds for scheduled or unscheduled service interruptions of less than 24 hours duration. At its sole discretion, DCN may elect to provide a pro rata or additional/extension of service refund for service interruptions of greater than 24 hours. End user is advised to have an alternate plan for Internet access in case of major outages. DCN at its sole discretion and judgment may immediately suspend End user's access to the service upon any breach of any of the Terms and Conditions by End user, including, but not limited to, refusal or failure to pay for services provided. Refunds will be made on the same basis as for voluntary termination. End user hereby agrees that any material submitted for distribution on DCN through End user's Account(s) does not violate or infringe upon any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. DCN reserves the right to disconnect non-dedicated dial-up connections with inactivity for more than 10 minutes ("time-out"). Non-dedicated dial-up connections may not be utilized as a dedicated connection, and DCN reserves the right to disconnect non-dedicated dial-up connections exceeding 4 hours in connection duration. DCN reserves the right to delete End user's personal files, including but not limited to personal Web page(s) and email, for which a storage fee has not been paid and which have not been accessed for more than one (1) month. DCN reserves the right to terminate access to service for any End user Account(s) which have been inactive for six (6) months or longer. DCN may suspend without prior notice the email or web-publishing connections of any account associated with network traffic of a volume that, in DCN's judgment, threatens the general performance of DCN network services. Conferred rights and benefits thereof are non-transferable. Use of DCN is expressly limited to the end user. End user agrees to utilize appropriate protocols for all data transmissions. Unless special authorization is given, email messages are limited to a maximum size of 5 MB (5120K). DCN's POP3 server is not intended as a permanent mail storage facility, as such any emailbox storing messages for a period of over 30 days will be subject to storage fees and/or content deletion by the Postmaster. An attempt to warn end user of impending deletion will be made, but DCN is not responsible for the success of that attempt. End user shall be held liable for actual costs incurred by DCN as a result of end user violation of these terms and conditions, including but not limited to costs associated with Postmaster responses to complaints about and cleanup of unauthorized bulk mailings and/or news server violations. DCN's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US$60 per hour, with a minimum one (1) hour charge. The use of programs such as packet sniffers, host and/or service monitoring, and other similar programs is forbidden. DCN monitors all network services around the clock. Dedicated access subscribers may request host and/or service monitoring for their connections, there is a fee for this optional service. Please email for additional information on this optional service. End user's use of DCN services constitutes End user's acceptance of all Terms and Conditions of DCN. End user is hereby defined as any person or entity utilizing any service on the DCN. Acceptable Use PolicyIn a multi-subscriber environment such as DCN, the actions of a single subscriber may have a severe impact on other end users' abilities to access the Internet. The DCN Acceptable Use Policy (AUP) contains guidelines on what DCN regards as inappropriate use of access to the internet and alerts subscribers to the actions we may be forced to take should we become aware of inappropriate use of this service.III. SecurityThe subscriber is responsible for all use of subscriber's account(s), confidentiality, safety of password(s), and ensuring file protections are set correctly. DCN retains the right to suspend access or change access to subscriber's account(s) immediately upon notification by subscriber that subscriber's password has been lost, stolen, or otherwise compromised. DCN is not liable for the consequences of any usage of compromised accounts prior to DCN making the necessary account alteration. No computer system should be considered safe from intrusion, although electronic mail (e-mail) on this system is as private as we can make it. E-mail should not be considered a secure means of communication even if encrypted (which is only as secure as the encryption method utilized).IV. Network Address OwnershipAny network address assignments issued by DCN (i.e., IP address) are the property of DCN and are assigned dynamically. In the event service with DCN is discontinued for any reason, such addresses will revert to DCN. The network addresses are assigned on a per session basis and are designed to allow a dial up connection. This design/assignment of network addresses could effect (not allow) some games/services (IRC, CU-SeeMe, web page hosting) which require a fully qualified address.V. Existing Legal ContextAll existing federal, state and municipal laws under which DCN bears responsibility for its own or end user's conduct apply.User files may be subject to search under court order if such files are suspected of containing information that could be used as evidence in a court of law. In addition, system administrators may access user files as required to protect the integrity of computer systems. For example, system administrators may access or examine files or accounts that are suspected of unauthorized use or misuse, or that have been corrupted or damaged. VI. Toll Charges (POP) Local Dial-in Errors PolicyIt is the responsibility of the subscriber to verify with their local telephone company their correct access number to insure a toll-free connection. DCN assumes no liability for toll charges incurred by users for incorrectly entering a local access number in their computer. In addition, DCN will not reimburse end users for toll charges under the following conditions:
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URL: http://www.dcn.davis.ca.us/dcn/access/services/terms.html
Last Revised: September 7, 1998