Terms Of Service
PLEASE READ CAREFULLY, by use of our services, you are agreeing with and are agreeing to be bound by the following:
The TOS is not an all inclusive exhaustive list and Company reserves the right to modify the TOS at any time as needed, effective upon either the posting of the modified TOS to http://www.bullseyesupport.com/pages/tos or notification to the Customer via email. Acceptance and execution of the Services Agreement binds all parties to Company stated TOS at the time the contract is executed and as modified from time to time. Any violation of the TOS may result in the suspension or termination of Customer account(s) or such other action as Company deems appropriate. No credits will be issued for any interruption in service resulting from policy violations.
VIOLATION OF ANY SECTION OF THE TOS IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES CUSTOMER RECEIVES FROM COMPANY.
Any questions or comments regarding the TOS should be directed to
or in writing to company:
DT6 Software, LLCCompliance
10152 W. Indiantown Rd. Suite 114
Jupiter, FL 33478
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
Customer Security Obligation
The Customer is solely responsible for any breaches of security affecting accounts under Customer control, including repairing the system. If a Customer intentionally creates a security breach, the cost to resolve any damage to Company’s server or other effected servers will be charged directly to the Customer. The labor used to resolve such damage is categorized as emergency security breach recovery and is currently charged at $100.00 USD per hour. System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Company investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
- Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
- Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email bombing, packet spoofing, IP spoofing and forged routing information.
- Executing any form of network activity that will intercept data not intended for the Customer's server.
- Circumventing user authentication or security of any host, network or account, including “cracking.”
- Interfering with or denying service to any user, host, or network other than the Customer's host (example: denial of service attack or distributed denial of service attack).
- Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (“spoofing”) or other identification information.
- Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
No service credits will be issued to Customers disconnected for network violations. Internet Etiquette
Each Customer is expected to execute reasonable Internet etiquette (Netiquette), the accepted behavior and expectations of the Internet community. The Customer will comply with the rules appropriate to any network to which Company may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against Company by offended users. Company reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.
Customers are free to use third party scripts provided they do not affect the normal operations of the server, contain security vulnerabilities and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Company reserves the right to disable the account pending Customer cooperation and resolution.
Scripts we do not allow include:
• Chat scripts of any kind
• PHPBB(2), YABB, UBB, UltimateBBS forums
• IRC bots and clients
• Anonymizer and all other Proxy scripts
• phpShell and all other command execution scripts
• 4Images or any CGI based image galleries
• Topsites scripts
• Link exchange scripts
• NichePLR Scripts
• MySpace scripts of any kind
• osDate or other dating scripts
• Scripts that closely match plugins we already offer
Customer may use secure formmail scripts but they must be up-to-date and not running with the filename "formmail". Any files named "formmail" will be deleted without notice.
Company reserves the right to disable any third party scripts at their discretion. Please keep in mind we use quality, dedicated servers designed specifically for our own scripts. Your hosting lease with us is designed for the use of our own software as installed by our staff.
IMPORTANT: If you wish to use third party scripts, we may require our staff to review it. We will review it one time free of charge. If a vulnerability is found, further reviews to ensure problem area has been repaired may be subject to a $65 fee per script before the script will be allowed.
Pornography of any type is expressly forbidden on company network. Company will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for their actions, and will be liable for illegal material posted.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act should be reported to the U.S. Customs Agency at 1-800-BEALERT.
Company infrastructure including but not limited to network, leased hardware and co-location services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights; including creating, utilizing, distributing unauthorized copies of software, or the use of BitTorrent or other types of technologies utilized in the distribution of illegally copied materials. If Customer copies, distributes or installs software in defiance of the license agreement, Customer is violating federal copyright law. Company will cooperate with all law enforcement agencies in relation to alleged copyright infringement of customers.
Repeated violations of Company's Copyright Infringement Policy could result in permanent suspension of customer's account. Hosting Policy
Data Unlawful or Against the TOS: Promoting violation of the law or the TOS by hosting data that facilitates the violation is prohibited, including but not limited to:
- Hosting web pages that detail the methodology of committing unlawful acts, or acts violating this TOS.
- Hosting software, scripts, or other resources intended to facilitate committing unlawful acts, or acts violating this TOS.
- Advertising, transmitting, storing, or using any software, script, program, product, or service designed to violate this TOS.
- Harvesting. The collection of email addresses, credit card information, or other personal information for fraudulent use or sale is prohibited.
- Phishing. Hosting web pages with forwards to, containing scripts or executables for, or any other component of an operation designed to fraudulently collect authentication, credit card, names, addresses, or any other personal data (“phishing”) is not permitted.
- Spamvertised Sites. Hosting web pages advertised by spam sent from another network (“spamvertised”) is not permitted.
Email Spam. Company has a zero stance policy on SPAM, Junk E-mail, or UBE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Company whether or not the message actually originated from company network. Definition of SPAM
All Unsolicited Bulk Email or "UBE", email which is both unsolicited and bulk, is hereby defined in this TOS as spam. Unsolicited means the recipient did not give verifiable, deliberate, explicit, and revocable permission for the message to be sent. Bulk means the message was sent to multiple recipients with substantively identical content and, therefore, the recipient's personal identity and context are irrelevant because the email is equally applicable to multiple recipients. Spam is an issue of consent, not content. No other definition of spam including, without limitation, Title 15 USC Chapter 103 Controlling the Assault of Non-Solicited Pornography and Marketing § 7702 et. al or "CAN-SPAM Act" applies to the definition of spam as used in this TOS.Opt-In Mailing Lists
Mailing lists must be true opt-in which requires you to provide to the recipient either a confirmation email or a confirmation web page whereby the recipient must have replied with a confirmation email having a unique tracking number or must have clicked a hyperlink in the confirmation email having a unique tracking number maintained in your web server log file or must have clicked the hyperlink in the confirmation web page having a unique tracking number maintained in your web server log file thereby granting verifiable, deliberate, explicit, and revocable permission to be added to the specific opt-in email list at the specific site both of which must be hosted on the network of DT6 and under your administrative control. You are required to provide the confirmation email reply with unique tracking number or the web server log file line having the unique tracking number as evidence that the recipient did, indeed, opt-in to the email list. You are also required to provide at least one simple method to opt out of the email list which must be honored immediately.
Block Removal. If Customer actions have caused Company mail servers or Company IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the Internet, Customer will be assessed a $100 charge to Customer account and $100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
Header Forgery. Forgery of email headers (“spoofing”) is prohibited.
Proxy Spamming. Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited. Fraud Policy
By agreeing to this TOS, Customer affirms that the contact and payment information provided to Company identifies Customer and that Customer is authorized to use the payment method. Commitment of fraud, obtaining services, or attempting to obtain services by any means or device with intent to avoid payment is prohibited. IRC Policy
Company does not allow any IRC or IRC bots to be operated on our servers. These include Eggdrop bots and TCL scripts.
Usenet posts must conform to standards established by the Internet community. Prohibited acts include, but are not limited to, the following:
Posting of articles and/or URLs for commercial purposes, except where permissible by the charter or FAQ of that particular group and adhering to the topic of said group.
Posting of binary files to groups who do not allow for binary posts in the charter of by the name of the group.
Excessive cross-posting and/or excessive multi-posting, considered to be the equivalent of Usenet spamming. Company reserves sole authority of determining posts constituting excessive cross- or multi-posted.
Canceling of posts other than Customers own posts.
Using auto-responders or cancel-bots.
Unauthorized creation, cancellation, or removal of newsgroups.
Note: While a moderator generally determines legitimacy of a posting, Company reserves sole authority of determining post legitimacy. Suspension and Cancellation
Company will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Company reserves the sole right to suspend service to any Customer for violation of the TOS without notice. Company reserves the right to terminate service without notice for any violations of the TOS.
Violations of the TOS will result in the following:
- A warning notification via email, Support Center ticket or telephone with 72 hours notice for resolution.
- 72 hours is the standard notification; situations involving law enforcement, phishing, fraud, password harvesting, network interference, Denial or Disruption of service, IRC, or other malicious activity can reduce the notification time frame.
Failure to resolve the TOS violation within 72 hours will result in the following:
- Removal of the violating content or service
- Removal of DNS for the server
- Block on outgoing mail
Repeat violation of the above terms will result in the following action.
- Immediate disconnection of service with no re-activation.
If you choose to cancel your hosting, your account service will be terminated immediately. No refunds or credits will be issued.
Customer agrees to indemnify and hold harmless Company and the employees and agents of Company (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.Limitation on Company Liability
Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the current months service fee paid by Customer to Company. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.Miscellaneous
Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.