Digital Downtown.net

Acceptable Use Policy

January 9, 2003

Digital Downtown.net Acceptable Use Policy is intended to help enhance the use of the Internet by preventing unacceptable use. All users of Digital Downtown.net Internet services (“the Services”) must comply with this Policy. By using Digital Downtown.net services, you acknowledge and agree to follow these policies.  We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Digital Downtown.net may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this Policy may result in the suspension or termination of your access to the Services and/or other actions.

As a user you understand that this is an unsecured and unencrypted connection to the Internet unless you use a VPN connection. It is highly recommend users run a firewall and antivirus software on their PC.

Indemnification

You agree to indemnify, defend, and hold harmless Digital Downtown.net and its affiliates, officers, employees, agents, suppliers, sponsors or other partners from any and all third party claims, liabilities, costs, and expenses, including reasonable attorneys fees, arising from your use of the Services, your violation of this Agreement, or your violation of any rights of another.

Digital Downtown.net’s Acceptable Use Policy prohibits the following:

1. Using the Services to transmit any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated there under.
2. Using the Services to harm, or attempt to harm, minors in any way.
3. Using the Services to transmit any material  that threatens or encourages bodily harm or destruction of property or harasses another.
4. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam.
5. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited.
6. Using the Services to transmit or facilitate any unsolicited commercial email or unsolicited bulk email.
7. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Digital Downtown.net or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
8. Using the Services to transmit any material 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.
9. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
10. Reselling the services.
11. Using the Services for any activity which adversely affects the ability of other people or systems to use Digital Downtown.net Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the user's responsibility to ensure that their network is configured in a secure manner. A user may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A user may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
12. Using a personal account for high volume or commercial use is prohibited. The Services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. users may stay connected so long as they are actively using that connection for the above purposes. users may not use the Services on a standby or inactive basis in order to maintain a connection. Accordingly, Digital Downtown.net maintains the right to terminate any user's connection following any extended period of inactivity as determined by Digital Downtown.net.

Disclaimer of Warranties and Limitation of Liability

LIMITATION OF LIABILITY. YOU ASSUME TOTAL RESPONSIBILITY FOR USE OF THE SERVICES AND THE INTERNET AND ACCESS THE SAME AT YOUR OWN RISK. DIGITAL DOWNTOWN.NET EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT ACCESSIBLE OR ACTIONS TAKEN ON THE INTERNET AND DIGITAL DOWNTOWN.NET EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT OR ACTIONS. DIGITAL DOWNTOWN.NET SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OF INFORMATION OR DATA, OR INTERRUPTED COMMUNICATIONS, ARISING OUT OF OR RELATED TO THIS TERMS OF SERVICE. UNDER NO CIRCUMSTANCES WILL DIGITAL DOWNTOWN.NET OR ITS PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY AMOUNT.

DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIGITAL DOWNTOWN.NET MAKES NO WARRANTY OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY DIGITAL DOWNTOWN.NET REPRESENTATIVES OR ITS PARTNERS SHALL CREATE A WARRANTY.  DIGITAL DOWNTOWN.NET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

REVISIONS TO THIS ACCEPTABLE USE POLICY

Digital Downtown.net reserves the right to revise, amend, or modify this Policy, other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service.