DecaTech Solutions
  
DecaTech, Your Personal Internet Professionals

DecaTech Terms of Use


Upon signing up for DecaTech's services, all customers agree to comply with DecaTech's Terms of Use. The spirit of this policy is to ensure our customers are using DecaTech's services with due regard to the rights of other Internet users and in conformity with the requirements of DecaTech's network environment.


Illegal Use

DecaTech servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Adult Content

Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Security

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resources

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a higher plan. DecaTech shall be the sole arbiter of what is considered to be a high server usage level.

Any web hosting account deemed to be adversely affecting server performance or network integrity will be immediately notified and either upgraded to a more appropriate hosting plan or moved to another web server.

CGI Scripts

CGI script sharing with domains not hosted by DecaTech is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. You will be notified within 24 hours of the offending script.

Background Running Programs and Cron Jobs

DecaTech may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact DecaTech at support@decatech.com so that we can arrange set-up.

IRC

DecaTech does not allow IRC or IRC bots to be operated on our servers.

UCE (Unsolicited Commerce Email) - SPAM

Spamming, the sending of unsolicited mass email from or through a DecaTech server or using an email address that is maintained on a DecaTech machine is STRICTLY prohibited. DecaTech will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a DecaTech server, or if they sell or distribute software on their web site that facilitates spamming. Violators will face immediate suspension.

Server Abuse

Any attempts to undermine or cause harm to a DecaTech server or customer are strictly prohibited.

Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. DecaTech shared web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Databases

Any database stored on DecaTech's servers shall be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.


Copyright Violations

The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. If you would like to notify DecaTech of an infringement of your copyright, the DMCA requires that you:

  1. Send your notification to DecaTech's designated agent. You may choose any of the following three avenues for this notification:
    1. Email to: abuse@decatech.com
    2. Fax to DecaTech Solutions, Attention: Abuse at (303) 770-6410
    3. Mail or courier to DecaTech Solutions, Attention: Abuse, P.O. Box 3932, Englewood, CO 80155

  2. Include in your notification the following information:
    1. A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")
    2. Identification of the copyrighted work(s) claimed to have been infringed
    3. Identification of the material claimed to infringe the copyright(s), and enough information for Hostway to locate it
    4. The Claimant's name, address, and telephone number(s)
    5. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent
    6. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.


Actions Taken by DecaTech

The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. DecaTech will be the sole arbiter as to what constitutes a violation of the Terms of Use. DecaTech reserves the right to remove any account without prior notice.

When DecaTech becomes aware of an alleged violation of its Terms of Use, DecaTech will initiate an investigation. During the investigation, DecaTech may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, DecaTech may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, DecaTech will notify the appropriate law enforcement authorities of such violation.

DecaTech does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.

DecaTech customers agree to indemnify and hold harmless DecaTech from any claims resulting from the use of our services that damages them or any other party. The DecaTech service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. DecaTech expressly disclaims any representation or warranty that the DecaTech service will be error-free, secure or uninterrupted. No oral advice or written information given by DecaTech, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. DecaTech and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification

DecaTech Solutions reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice.