The DBM Communications network may only be used for lawful purposes. The transmission of material that is in violation of any federal, state or local law, or that is protected by trademark, copyright, trade secret or other intellectual property is strictly prohibited. More details about Copyright infringement are below. Clients are prohibited from using the DBM Communications network to transmit material that is judged by DBM Communications to be illegal, proprietary to a third party, legally obscene, criminal, or in some fashion inconsistent with the generally accepted standards of the Internet community. If any DBM Communications client interferes with another’s use and enjoyment of the services provided by DBM Communications, such client shall be deemed to be in violation of this Acceptable Use Policy.
Anyone who publishes materials and information that are accessible through DBM Communications network is solely responsible for the content of such materials and information and is solely responsible to know and comply with all laws applicable to the publication and distribution of such materials and information. DBM Communications does not accept responsibility for the content of the materials and information published by others that are accessible through the DBM Communications network and does not accept responsibility for the violation of any laws resulting from such publication or distribution.
DBM Communications is an Internet services provider and as such exercises no control over the content of the information passing through its network. It is expected that DBM Communications’s clients will comply with all rules and Acceptable Use Policies that are appropriate for those networks accessed through DBM Communications. Each DBM Communications client accepts the responsibility to avoid any material he or she finds offensive. DBM Communications makes no guarantee and assumes no liability for the security of any data on any server including “secure servers.” Our clients are reminded that no computer system should be considered safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication.
DBM Communications reserves the right to access a client’s services to resolve system problems or mail system errors, or to access information requested by subpoena. DBM Communications has and will comply with official subpoenas for information by appropriate legal authorities for investigation of claims of illegal activity, including but not limited to illegal transfer or use of copyrighted material, postings or e-mails containing threats of violence, or other illegal activity.
Examples of unacceptable on all Dedicated, VPS, Colocation servers include:
Sites promoting illegal activities
Bulk Email Scripts/Software
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
TOR Exit Relays/Nodes or TOR Middle Relay
(HYIP) High Yield Investment Programs
IP Spoofing or IP Hiding
NO Open/Public/Reselling of VPN/PROXY services on our virtual server system(private/personal is ok)
Zero Tolerance Spam Policy
DBM Communications has no tolerance for the use of its network for the distribution of bulk commercial e-mail transmissions (spam). This includes the transmission of bulk e-mail by a third party to advertise a website or e-mail address hosted on the DBM Communications network. Mass commercial email messaging with opt-out provisions is considered spam, and is not permitted. Receipt of complaints of spam from SpamCop, Spamhaus, or equivalent entities, or “poor” ranking of an IP address in SenderBase, are considered evidence of spam activity and a violation of this AUP.
DBM Communications will not tolerate the use of its network for the posting of messages or commercial advertisements which violate the rules, regulations, FAQ or charter of any newsgroup or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Violating the spirit or the language of this section may result in immediate suspension or termination of services without any refund, and if a contract is in effect there may be full enforcement of penalties as described in the contract language for default of contract.
All clients are required to provide a Checking account number, Credit card or Paypal. It is the client’s responsibility to notify DBM Communications with correct billing information. If your credit card is declined, it is your responsibility to update this information to us via our client login or by calling us. Non use of an account does not release the client from liability for charges. $30.00 fee shall be charged for returned checks or chargebacks from you credit card or Paypal account. If the client has provided credit card or Paypal information to DBM Communications, the client understands that charges will be billed to the each month for services. The client hereby authorizes this automatic billing by DBM Communications.
Invoicing for all services occurs on a periodic basis at the beginning of each period and provides for service until the end of the period. There shall be no pro-rated refund for time remaining in a billing cycle if the service(s) are cancelled prior to the end of the monthly billing cycle. All clients accept the responsibly of making on time payments to DBM Communications for services rendered. If payment is not received within 10 days of the invoice due date, DBM Communications may at it’s discretion: 1) Charge a $15.00 late fee or 1.5% of the outstanding balance, whichever is greater; 2) Suspend services; or 3) Terminate services. If account is suspended DBM Communications may charge a $50.00 reconnect fee in addition to requiring all past due amount be paid in full.
All requests for canceling services must issued via our client-login.
Upon cancellation, the Wireless customer is responsible to return all DBM Communications equipment.
We will make reasonable efforts to provide at least 24 hours advance notice by e-mail for scheduled maintenance. Outages due to scheduled network maintenance are not grounds for any credits or claims for damages. The client understands that the cumulative liability of DBM Communications for any and all claims relating to the services provided, in contract, tort, or otherwise, shall not exceed the total amount of the basic service fees the client paid to DBM Communications for services during the period in question.
DBM Communications reserves the right, at any time, to change its fees and billing procedures and otherwise modify this agreement, effective thirty (30) days after an on-line posting in DBM Communications’s web page: http://www.dbmcomm.net/terms-of-service. DBM Communications may also elect, at its discretion, to supplement such notice of billing charges and modifications to this agreement through e-mail to the client’s account or through the US mail to the account holder. Use of DBM Communications after the effective date of such notice constitutes acceptance of the new terms and conditions.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have a policy to suspend or terminate accounts that are found to be in violation of copyright laws and standards. We respect the intellectual property of others, and we ask you to do the same. In appropriate circumstances and at our discretion, we may disable and/or terminate the accounts of customers who refuse to remove access to illegal copyrighted material upon our request, or who are determined to be repeat offenders.
DBM Communications makes no express or implied warranties or representations of any kind as to the quality, or fitness for the client’s particular purposes, of the Internet, or its affiliates, or the services which are being provided. We explicitly disclaim any express or implied warranty of merchantability or fitness for any particular purpose whatsoever. We are not responsible for any loss the client suffers as a result of using DBM Communications, including but not limited to loss resulting from delays, improper or incomplete delivery of information, possible “computer viruses” or interruption of service, regardless of cause; wrongful use of the client’s account by others; or the client’s receipt of inaccurate data from any network accessed through DBM Communications. Force Majeure: We will not be responsible for any failure to perform any obligation or provide any Services hereunder because of any Act of God or nature, strikes, work stoppage, equipment or facilities shortages, governmental acts, directives or abuse, war, riot or civil commotion, or any other force beyond our immediate and reasonable control.
DBM Communications reserves the right to revise its policies at any time without notice.
The client agrees that DBM Communications reserves the right to terminate the client’s account at any time, for any reason, including, but not limited to, the client’s failure to abide by the terms of this agreement as stated herein, or the client’s failure to pay any fees or charges when due. If DBM Communications becomes aware of a violation of these Terms and Conditions, DBM Communications reserves the right to suspend or terminate the client’s service without notice, and the client is responsible for any early termination fees if the service is provided on a contract basis. In addition, DBM Communications reserves the right to interpret these Terms and Conditions in its sole discretion and to amend, revise, add or delete any provision of the Terms and Conditions. Violation of any of the terms and conditions of this Agreement may also result in possible civil proceedings against the client for any damages suffered by DBM Communications.
These terms and conditions shall be governed and interpreted in accordance with the laws of the state of Kansas, United States of America. Use of DBM Communications services constitutes acceptance of the terms and conditions.