利用規約 (Terms of Service)

DDPS Networks LLC TOS DDPS Networks ToS / AUP welcome to read and agree the DDPS Networks (TOS and AUP) Terms of Service. DDPS Networks agrees to furnish services to the User, subject to the following TOS (Terms of Service). Use of DDPS Networks Service constitutes acceptance and agreement to DDPS Networks’s AUP as well as DDPS Networks's TOS (Terms of Service). Term of Service 1.Payment Policy User acknowledges that DDPS Networks provides service through subscription. All payments are due on the renewal date of the month for that month’s service. Service will be interrupted on accounts that reach 3 days past due. Service interrupted for non-payment is subject to an administrative fee of 10% of invoice. Failure to pay will result in suspension or termination of User’s account. Accounts that are not collectable by DDPS Networks, may be turned over to an outside collection agency for collection, and the User agrees to pay for all collection, legal and attorney costs. User understands that DDPS Networks may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon DDPS Networks achieving and maintaining its cost of service goals. 2.Additional Administrative Fees Users that have their assigned DDPS Networks IP addresses placed on SPAM blacklists, or that cause other IP addresses within DDPS Networks network to become blacklisted, may be assessed a $30-50 per blacklisted IP administrative fee. Please follow the instruction of 'DDPS Networks Security Best Practice', in order to make your account and system secure, DDPS Networks reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. If the customer purchased DDPS Networks service with the intention to conduct SPAM activity, DDPS Networks will deduct $50 minimum administrative fee from customer's balance to cover our administrative cost. The Customer will be charged of administrative fee $30 USD minimum per IP every abuse accident （SPAM,、ATTACK、SCAN or DMCA）. Failure to fix any violations of acceptable use within 48 hours will result in immediate loss of usage of those IP addresses. A null-route shall not be put in place unless the attack exceeds 500 Mbps or 50,000 packets per second in size or unless the attack negatively impacts DDPS Networks network. Any User who is the source of DoS/DDOS from DDPS Networks network may be subject to a $500 administrative fee and possible account termination. Users are allowed to request up to one free reinstallation per calendar month of the operating system DDPS Networks originally delivered with the server. Any abuse complaint received by DDPS Networks in connection with services provided to or by User shall be administratively processed by DDPS Networks and a copy provided to (or notification of if complaint was not received in electronic form) User for appropriate handling. User is expected to take all necessary action to resolve the abuse complaint within 24 hours of notification. DDPS Networks reserves the right to terminate the account without notice and without any refunds if in the judgment of the DDPS Networks network administrators the user's server is the source of the violation of any terms specified in this policy. The policy violating user will be held responsible for any damages to DDPS Networks, including but not limited to, DDPS Networks's system, servers, connectivity, reputation, business, service, network, operations, or equipment. The user may be charged a clean up fee. 3.Account Cancellation Account cancellation may be made in writing with 3 days prior to the renewal of next billing cycle in the form of a ticket opened in here. Email is not an acceptable form of cancellation request. 4.Support Boundaries DDPS Networks provides support related to your server or virtual site physical functioning. DDPS Networks does not offer tech support for application specific issues. 5.Consent to Monitoring DDPS Networks is under no obligation to monitor the material residing on or transmitted to this server. The User is solely responsible for determining the legality of their server content.However,anyone using this server agrees that DDPS Networks may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests and these terms of use; (2) to operate the server properly or to protect itself and its users. DDPS Networks reserves the right to modify, rejects, or eliminates any material residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of the law or these terms and conditions. ONLY authorized users may use DDPS Networks systems and applications with access control. User processing activities will be monitored for administrative and security purposes. Anyone using these systems or applications expressly consents to such monitoring. 6.Unsolicited Commercial Email and SPAM Users may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ("Spam") in a way that could be reasonably expected to adversely impact DDPS Networks's Network and Services, including, without limitation, using an e-mail account on DDPS Networks's network to send Spam, or using the service of another provider to send Spam or to promote a site hosted on or connected to DDPS Networks's network. In addition, Users may not use DDPS Networks's Network and Services in order to (a) send e-mail messages which are excessive and/ or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mailbombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data. Violation of any of DDPS Networks’s SPAM policy may result in a fee of at least $20 and you face suspension or termination of your account. User may not send e-mail with TCP/IP 25 port，you should open the ticket to request the normal email services, and no Spam activities. 7.System and Network Security Users are prohibited from violating or attempting to violate the security of DDPS Networks's Network and Services, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. DDPS Networks will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting Users who are involved in such violations. Users may not setup VPN services use DDPS Networks services. 8.Suspension or Termination of Service DDPS Networks reserves the right to suspend network access to any User if in the judgment of the DDPS Networks network administrators the user's server is the source or target of the violation of any of terms specified in this policy. If inappropriate activity is detected, DDPS Networks reserves the right to terminate the account without notice and without any refunds. The user will be held responsible for any damages to DDPS Networks, including but not limited to, DDPS Networks's system, servers, connectivity, reputation, business, service, network, operations, or equipment. The policy violator may be charged a clean up fee. In extreme cases, law enforcement will be contacted regarding the activity. 9.Disclaimer of Warranties DDPS Networks makes no warranty of our services either expressed or implied. It is the user's responsibility to have backups of their data at all times. DDPS Networks has the right to restrict access to any server, possibly causing you to not have access to your files. You understand that DDPS Networks is not required to allow access to any server on their network. DDPS Networks cannot be held responsible for lost, corrupt, or restricted data for any reason. 10.Indemnification User agrees to indemnify and hold harmless DDPS Networks, DDPS Networks’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of User’s services in violation of applicable law or the AUP by User or any person using User’s log on information, regardless of whether such person has been authorized to use the services by User. 11.Copyright and Trademark Infringement If DDPS Networks is informed of an alleged copyright or trademark infringement involving an account, DDPS Networks will attempt to notify the user of those allegations and secure a response. DDPS Networks may, in its sole discretion, remove or terminate the account containing, on a temporary or permanent basis, materials which DDPS Networks believes may create, constitute, or contribute to copyright or trademark infringements. Account user expressly waives the right to assert any claims against DDPS Networks for any such removal or termination. Please contact us if you need a refund. If you requested refund directly from PayPal, Stripe, Bank etc, we may ban you. To inform DDPS Networks of a possible infringement please send an email toabuse@DDPS Networks.com. 12.Force Majeure DDPS Networks shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond DDPS Networks's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrisit activity, or other events of a magnitude or type for which precasutions are not generally taken in the industry. 13.Dispute Resolution The Agreement shall be governed by the laws of the State of California, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN SANTA CLARA COUNTY, CALIFORNIA, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. We can be reached via e-mail at support@DDPS Networks.comfor all questions related to these Terms of Use or any other DDPS Networks website-related matter. All provisions of contracts are subject to the TOS (Terms of Service) and AUP (Acceptance Use Policy) of DDPS Networks. DDPS Networks reserves the right to amend its policies at any time. All users must adhere to the above policies. User understands that change to the TOS or AUP by DDPS Networks shall not be grounds for early contract termination or non-payment. 14.Acceptable Use Policy (AUP) DDPS Networks and its subsidiaries (collectively "DDPS Networks") have formulated this Acceptable Use Policy in order to encourage the responsible use of DDPS Networks's networks, systems, services, web sites and products (collectively "DDPS Networks's Network and Services") by our customers and other users ("Users"), and to enable us to provide our Users with secure, reliable and productive services. This document may be updated from time to time. Please consult this site periodically for the most recent revision of this document. 14.1.General Conduct DDPS Networks's Network and Services must be used in a manner that is consistent with their intended purposes and may be used only for lawful purposes. Users may not use DDPS Networks's Network and Services in order to transmit, distribute or store material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, (c) that is fraudulent, obscene, defamatory, libelous, threatening, abusive or hateful or contains a virus, worm, Trojan horse, or other harmful component, (d) containing fraudulent offers for goods or services or any promotional materials that contain false, deceptive or misleading statements, claims or representations or (e) generally, in a manner that may expose DDPS Networks or any of its personnel to criminal or civil liability. 14.2.Responsibility for Content DDPS Networks takes no responsibility for any material created or accessible on or through DDPS Networks's Networks and Services that is not posted by or at the request of DDPS Networks. DDPS Networks does not monitor nor exercise any editorial control over such material, but reserves the right to do so to the extent permitted by applicable law. DDPS Networks is not responsible for the content of any web sites other than DDPS Networks’s web sites, including for the content of web sites linked to such DDPS Networks's web sites. Links are provided as Internet navigation tools only. 14.3.Unsolicited Messages Users may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ("Spam") in a way that could be reasonably expected to adversely impact DDPS Networks's Network and Services, including, without limitation, using an e-mail account on DDPS Networks's network to send Spam, or using the service of another provider to send Spam or to promote a site hosted on or connected to DDPS Networks's network. In addition, Users may not use DDPS Networks's Network and Services in order to (a) send e-mail messages which are excessive and/ or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mailbombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data. 14.4.Third Party Rules / Usenet Users may have access through DDPS Networks's Network and Services to search engines, subscription web services, chat areas, bulletin boards, web pages, Usenet, or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines and agreements. Users who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, Users may not (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "Usenet Spam"), (b) cancel or supersede posts not originally posted by such User, unless such User does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters, or (e) publish anonymous messages. 14.5.Copyright or Trademark Infringement Users are prohibited from using DDPS Networks’s service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. 14.6.System and Network Security Users are prohibited from violating or attempting to violate the security of DDPS Networks's Network and Services, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. DDPS Networks will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting Users who are involved in such violations. 14.7.Suspension or Termination of Services Any User which DDPS Networks determines, in its sole discretion, to have violated any element of this Acceptable Use Policy shall receive a written warning and may be subject, at DDPS Networks's discretion, to a temporary suspension of service until such User agrees in writing to refrain from any further violations. However, where DDPS Networks deems it necessary, it may in its sole discretion immediately suspend or terminate such User's service without issuing such a warning. Users which DDPS Networks determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice and DDPS Networks may take such further action as DDPS Networks solely determines to be appropriate under the circumstances to eliminate or preclude such violation. DDPS Networks shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from DDPS Networks’s exercise of its rights under these policies. For further explanation of any portion in our AUP, and the terms set herein, or to determine whether your intended activities are permissible under the terms of this document, contact us at [email protected] DDPS Networks reserves the right to modify this Acceptance Use Policy at any time in tis sole and absolute discretion. Changes and modifications will be effective when posted and any use of the DDPS Networks Network and Services after the posting of any changes will be considered acceptance of those changes.