DRC Terms of Use

Terms of Use
Acceptable Use Policy

As a provider of web site hosting, and other Internet-related services, DRC Hosting (Dynamic Results Consulting LLC), hereinafter referred to as DRC, offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. DRC respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue; DRC reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, DRC has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each subscriber's respective service agreement and is intended as a guide to the subscriber's rights and obligations when utilizing DRC's services. This AUP will be revised from time to time without notice. A subscriber's use of DRC's services constitutes the subscriber's acceptance of all DRC policies, including but not limited to, its Terms of Service, Acceptable Use Policy and Privacy Statement. DRC reserves the right to revise its policies at any time without notice. A subscriber's use of DRC services subsequent to policy changes posted on DRC's web site, www.drchosting.com, constitutes the subscriber's acceptance of any additional or modified terms that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that DRC cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because DRC cannot monitor or censor the Internet, and will not attempt to do so, DRC cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that DRC does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over DRC's network and may reach a large number of people, including both subscribers and non-subscribers of DRC, subscribers' postings to the Internet may affect other subscribers and may harm DRC's goodwill, business reputation, and operations. For these reasons, subscribers violate DRC policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Abuse-- Network abuse, defined as any action which causes harm or poses a threat to DRC's network, servers, company, subscribers or customers of its subscribers including their respective reputation, integrity, and security.

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward DRC, but also because it can overload DRC's network and disrupt service to DRC subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, DRC has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents held by individuals, corporations, or other entities. Along with engaging in activity that violates privacy, publicity, or other personal rights of others. DRC is required by law to remove or block access to subscriber content upon receipt of a proper notice of copyright infringement. It is also DRC's policy to terminate the privileges of subscribers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using DRC's network to advertise, transmit, store, post, display, or otherwise make available pornography or obscene speech or material. Furthermore, DRC is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through DRC's network.

Defamatory or Abusive Language-- Using DRC's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking" or "cracking"). Along with any activity that might be used as a precursor to an attempted system penetration such as: port scan, stealth scan, or other information gathering activity.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, or copyright infringement.

Forums -- DRC reserves the right not to accept postings from forums where we have actual knowledge that the content of the forum violates the AUP.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and copyright infringement.

Other Activities-- Engaging in activities, whether lawful or unlawful, that DRC determines to be harmful to its subscribers, operations, and reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. DRC will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with DRC policy or applicable law. When DRC becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, or take any other action it deems appropriate.

DRC also is aware that many of its subscribers are, themselves, providers of hosting or other Internet services, and that information reaching DRC's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. DRC does not require its subscribers who offer hosting or other Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. DRC, however, has the right to directly take action against a customer of a subscriber. Also, DRC may take action against the DRC subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, DRC anticipates that subscribers who offer hosting or other Internet services will cooperate with DRC in any corrective or preventive action that DRC deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of DRC policy.

Finally, DRC wishes to emphasize that in using any DRC service, subscribers indemnify DRC for any violation of the service agreement, law, or DRC policy, which results in loss to DRC or the bringing of any claim against DRC by any third-party. This means that if DRC is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against DRC, plus costs and reasonable attorneys' fees.