The DiggerMC Network Acceptable Use Policy
Big Forest Media and Entertainment
Digger McGee and The Big Forest Mining Company:
Digger McGee is a fictitious online character and along with the Big Forest Mining Company (BFMC) are both collectively and individually trademark brands of Big Forest Media and Entertainment (BFME). The BFMC serves primarily as the corporate backdrop for the protagonist character of Digger McGee. They are both integral story telling elements that form an underlying theme for a network of websites, game servers, and media production services; henceforth, shall be referred to as the DiggerMC Network, DiggerMC, or the SERVICES.
The main purpose of DiggerMC Network Services is to facilitate communication with the numerous computer networks that make up what is commonly referred to as "the Internet." It is DIGGERMC's intention to allow the Service users complete access to everything the Internet has to offer with minimal or no interference.
Although the Internet as a whole offers much independence and autonomy for those who use it, many of the individual networks or portions of the Internet have specific guidelines for use. As the Internet expands, it is increasingly common for an Internet Service Provider, such as DIGGERMC, to be blocked from use of another organization's systems due to repeated misuses of that system's resources. Because DIGGERMC runs multi-user systems, actions of one customer may have a severe impact on other customers' ability to use the system(s). This is unfair to all users.
To this end, we have developed these Acceptable Use Policies. They are intended to provide a guide to DIGGERMC's views on what constitutes inappropriate use of the Service's access to the Internet and to inform our Customers of what actions may be taken, with or without notice, in the event that DIGGERMC becomes aware of inappropriate use of the SERVICES. They will be used to help system administrators deal with complaints from users of the Service or other Internet-connected systems, and to determine when action must be taken. It is expected that all Customers will follow the policies set forth herein. Protection of DIGGERMC's technical resources and DIGGERMC's ability to continue to provide high quality service to its customers, compliance with existing laws and regulations, and the protection of DIGGERMC's reputation as a service provider are all contributing factors to the policies outlined below.
ACCESS TO THE DIGGERMC NETWORK SERVICES IS PROVIDED SUBJECT TO THE FOLLOWING
TERMS AND CONDITIONS:
DIGGERMC Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to DIGGERMC or any information or software therein. You release DIGGERMC from and DIGGERMC shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the DIGGERMC services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by DIGGERMC's own negligence. Without limiting the generality of the foregoing, DIGGERMC disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the DIGGERMC services. In no event shall DIGGERMC's aggregate liability exceed the amount paid by you to DIGGERMC for the DIGGERMC services. Use of any information obtained via DIGGERMC's Internet service is at the user's own risk. DIGGERMC specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
The Customer is responsible for all use of Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. DIGGERMC will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. DIGGERMC is not liable for any usage and or charges prior to DIGGERMC making the necessary account alteration. Electronic mail on this system is as private as we can make it. DIGGERMC's Customers are reminded that no computer system can be considered as safe from intrusion. Email may pass through many computer systems, and should not be considered a secure means of communication unless encrypted, and even encrypted information is only as secure as the encryption method utilized.
- Personal Files:
DIGGERMC is not responsible for Customer's personal files residing on LinkNet. Customer is responsible for independent backup of Customer's data that is stored on the Service. DIGGERMC reserves the right to delete Customer's personal files after one or both parties terminates the service agreement between DIGGERMC and Customer.
- Non-Transferability of Account:
The right to use DIGGERMC's Internet service is not transferable. Use of DIGGERMC accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.
- Network Address Ownership:
Any network address assignments issued by DIGGERMC (i.e., Class C address space) are the property of DIGGERMC and are considered to be loaned to its customers. In the event service with DIGGERMC is discontinued for any reason, such addresses will revert to DIGGERMC.
- Compliance with all Laws:
Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. Customer agrees that any material to be reproduced or transmitted on DIGGERMC's service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening . Software intended to facilitate any such violations or infringements may not be stored on DIGGERMC. Customer shall defend, indemnify and hold harmless DIGGERMC from and against any claims, liabilities and expenses, including attorneys fees, resulting from Customer's use of the DIGGERMC service or Customer's account in an unlawful manner or otherwise in violation of or contrary to Customer's Agreement with DIGGERMC or DIGGERMC's Acceptable Use Policies. At DIGGERMC's discretion, DIGGERMC may revoke Customer's access to DIGGERMC services or accounts for inappropriate usage.
- Unacceptable Conduct:
The following types of conduct are grounds for immediate suspension of service pending investigation by DIGGERMC and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, DIGGERMC reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a DIGGERMC Customer as described in (a) and (b) below before such postings are forwarded:
(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
(b) Sending unsolicited mass emailings (i.e., to more than 25 users) which provoke complaints from the recipients.
(c) Engaging in either (a) or (b) from a provider other than DIGGERMC and using an account on DIGGERMC as a mail drop for responses, or to draw attention to a web site housed within DIGGERMC's networks.
(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by DIGGERMC.
(e) Mail bombing, i.e., sending large volumes of unsolicited e-mail to individuals or to individual business accounts.
(f) Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
(g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
(h) Use of IRC bots or clonebots on DIGGERMC, whether on IRC servers controlled by DIGGERMC or by other parties. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.
(i) Network unfriendly activity: Attempts to interfere with the regular workings of DIGGERMC's systems or network connections or which adversely affect the ability of other people or systems to use DIGGERMC services or the Internet, including, but not limited to:
1). any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other DIGGERMC system;
2). any use of this or any other DIGGERMC system as a staging ground to disable other systems.
- Right to Disconnect Non-Dedicated Accounts:
DIGGERMC unlimited interactive usage dial-up connections are not intended to be full-time dedicated connections and will be disconnected after 25 minutes of inactivity. Customer agrees not to use any automatic method to avoid disconnection, to keep the connection active only when the Customer is actively using it, and not to provide public information services over the connection. DIGGERMC reserves the right to impose a restriction on accounts it deems to be in violation of these conditions.
- Excess Utilization of System or Network Resources:
DIGGERMC account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event DIGGERMC determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by email. If the excess use continues for more than 48 hours after such notification, the Customer may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by DIGGERMC to adversely affect DIGGERMC's ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by email as soon as practicable.
- Compliance with Rules of Other Networks:
Any access to other networks connected to DIGGERMC's Internet service must comply with the rules for that other network as well as with DIGGERMC's rules.
DIGGERMC reserves the right to monitor any and all communications through or with DIGGERMC facilities. Customer agrees that DIGGERMC is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for DIGGERMC employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. DIGGERMC also reserves the right to access a Customer's mailbox or other files stored on DIGGERMC systems to resolve system problems or mail system errors.
- Cooperation with Authorities:
DIGGERMC reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.
- Confidentiality of Personal Subscriber Information:
DIGGERMC will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that DIGGERMC's judgment as to the validity of any court order of subpoena shall be considered proper and final.
- DIGGERMC's Right to Suspend or Cancel Account:
DIGGERMC reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of DIGGERMC that the Customer may be performing activities harmful to DIGGERMC or its Customers, employees, vendors, business relationships or any other users of the Internet.
- Right to Damages:
DIGGERMC reserves the right to collect damages (software, hardware and man hours) if any harm is done to DIGGERMC which requires repair or reconfiguration of any kind.
- Other Remedies/Non-Waiver:
Nothing contained in these policies shall be construed to limit action DIGGERMC may take or remedies available to DIGGERMC in any way with respect to any of the described conduct. DIGGERMC reserves the right to take any additional actions DIGGERMC may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the DIGGERMC service, and levying cancellation charges to cover DIGGERMC's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, DIGGERMC reserves at all times all rights and remedies available to DIGGERMC with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and DIGGERMC reserves the right to enforce such policy or rule at its sole discretion.
- DIGGERMC's Right to Change Service:
DIGGERMC reserves to right to change without notice the DIGGERMC service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
- DIGGERMC's Right to Modify its Acceptable Use Policies:
DIGGERMC may modify its Acceptable Use Policies upon notice published online via the Service. Customer's use of DIGGERMC services after such notice shall constitute Customer's acceptance of the modifications to these policies.