DATASOFT NETWORKS USAGE POLICY

General Statement

Datasoft Networks's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Datasoft Networks expects of them while using the service. All users of Datasoft Networks's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service). Use of any Datasoft Networks Service constitutes acceptance and agreement to Datasoft Networks's AUP as well as Datasoft Networks TOS (Terms of Service). Part of this policy was written under the framework of our parent provider's required AUP. Datasoft Networks is dedicated to the unrestricted free transmission of information via the Internet and its many resources. Our goal is to deliver enterprise quality on-demand IT services to all of our customers while serving as the medium of exchange for transmission of all information. The storage, distribution, and exchange of information (content) is the Internet's single most valuable feature. Datasoft Networks is dedicated to protecting the source and distribution of information and protecting the rights and privileges of those utilizing it. Datasoft Networks does not purport to be the content police; our duty in the process of information dissemination is simply to act as conduit between interested parties. Notwithstanding anything found herein, Datasoft Networks follows all local, state and federal laws pursuant to the services delivered over the internet and directly related to our network and internal systems. The purpose of the acceptable use policy is to inform all Customers of anticipated customer use. Due to the myriad of possibilities in maintaining a network comprised of thousands of servers, this document is intended to act as a guideline to service and not to be all encompassing.

Public Network

The primary purpose of the Datasoft Networks public network is to transmit information (packets) to and from Customer servers and data storage services. Proper use of the public network is to utilize the network in any way so long as you do not violate any local, state, or federal laws or generate harm to the network or interfere with the use of services of other users utilizing the same network. All Customers are granted equal access to the public network. Violation, misuse, or interference of the public network will result in a violation of the AUP and shall result in methods of resolution under the acceptable use policy.

Private Network

The primary purpose of the Datasoft Networks private network is to allow secure private network connectivity to the private backend network directly connecting Customer servers and Company delivered services. Proper use of the private network is the upload/download of content, server administration, transmission of information between servers, transmission of information between servers and Company servers, secure private administration of services, data retrieval, console access, and true out of band management of their entire IT environment. The private network can also be utilized for service access during periods of non-payment, copyright infringement, spam abuse, service interruption or other instances requiring server administration. All Customers are granted equal access to the private secure network to securely manage their services. Connectivity to the private network is granted on an unrestricted basis in eight (8) hour increments. Dedicated connections to the private network are available through the sales team. Violation, misuse, or interference of the private network will result in a violation of the AUP and shall result in methods of resolution under the acceptable use policy.

Fair Internet Bandwidth Use Policy for Dedicated Servers

As part of our continuing effort to provide the best experience to all of our customers, Datasoft has created this Fair Use Policy for Internet Bandwdith usage for Dediacted Servers. This Fair Use Policy states important requirements regarding your use of the Internet Bandwidth Usage in your Servers. Datasoft Server Plans do not have set limits on bandwidth. Instead, we have a fair use policy which goes as follows.

Internet Bandwidth use is unlimited as long as, it is used as an integral part of your server, you are not intentionally abusing the service by using excessive bandwidth, you are not violating our terms and conditions, and you are not impeding our capability to provide other users with unlimited Bandwidth.

In other words, if you are adding content (images, files, text etc) to your site and using the service in the way it is intended to be used, then we will not limit the amount of bandwidth your server is consuming.

Our intention is that, as long as both parties are being fair, you should not have to worry about bandwidth limits. We'll take care of these sorts of issues so you can concentrate on growing your business.

If, however, you are attempting to take advantage of the service by distributing large files or streaming excessive video or hosting torrents or something similar or hacking/spamming, then we will request that you cease doing so or shutdown your server until issue is solved.

Also please note that by unlimited Bandiwtdh, you are sharing 1000 mbps bandwidth with other 48 servers in each CISCO Switch. This means on an average you can use 30-40 mbps Bandwidth for Dedicated Servers. you can use 80-100 mbps once in a while to transfer files or to take backup. But if you need to use 100 mbps dedicated bandwidth constantly, it will cost $30 extra rent per month. If you have upgraded your LAN port speed from 100 mbps to 1000 mbps same rules again applies, you are sharing 1000 mbps Bandwidth with other 48 servers. If you need 100 mbps dedicated bandwidth, it will cost $30 extra rent per month.

Fair Internet Bandwidth, CPU, Memory and Drive usage Policy for Cloud Servers

For all types of Cloud Server, CPU/Memory/Drive Usage is limited to an average of 50-75%. You can use 100% CPU/Memory/Drive for short Intervals, but not continuously. If you need to use 100% CPU/Memory/Drive continuosly, Please change to Dedicated Servers.

Also please note that by unlimited Bandwitdh, you are sharing 1000 mbps Bandwidth with other 48 servers in each CISCO Switch. If you need 100 mbps dedicated bandwidth, it will cost $50 extra rent per month. If you have upgraded your LAN port speed from 100 mbps to 1000 mbps same rules again applies, you are sharing 1000 mbps bandwidth with other 48 servers. This means on an average you can use 30-40 mbps Bandwidth for Dedicated Servers. you can use 80-100 mbps once in a while to transfer files or to take backup. But if you need to use 100 mbps dedicated bandwidth constantly, it will cost $30 extra rent per month. If you have upgraded your LAN port speed from 100 mbps to 1000 mbps same rules again applies, you are sharing 1000 mbps Bandwidth with other 48 servers. If you need 100 mbps dedicated bandwidth, it will cost $30 extra rent per month.

Security Services

The primary purpose of the Datasoft Networks standard security services is to assist the Customer in the protection, management, update, and overall stability of the outsourced IT environment. Some Datasoft Networks services include network intrusion detection systems and denial of service mitigation via technology from Black Lotus (www.blacklotus.net). These services are NOT free of charge and are intended to mitigate or remove security risks associated with their perspective technologies. Datasoft Networks also monitors all aggregate network traffic via Arbor networks and router netflow statistics for traffic analysis. Datasoft Networks also supplies Microsoft update servers located on the private network for private secure update services. These services are included free of charge and are intended to assist Customers in the OS management of their servers. Other security services offered for a fee are covered via the terms of the individual services. These services include, but are not limited to: firewalls, host IDS, service monitors and similar type products and services. Outside of the global network security services described above, Customers are required and obligated to maintain security related to Customer managed servers. The management of dedicated servers requires basic security management including password management, port management, OS updates, application updates, security policy settings and more. The Customer is ultimately responsible for individual server security unless contracted security services are purchased. Any violation of the security services included in basic services will be addressed pursuant to the methods of resolution under the acceptable use policy.

Server Content

Datasoft Networks does not actively monitor dedicated server content for review. Datasoft Networks believes in the free dissemination of information via our services. Cloud and Dedicated server content and website content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the acceptable use policy is deemed in compliance and shall remain intact. Legal adult content is allowed on Datasoft Networks dedicated servers. Content deemed in violation will be addressed pursuant to the methods of resolution under the acceptable use policy.

IP Addresses

IP Addresses are non-transferable from Datasoft Networks and Customer retains no ownership or transfer rights to IP Addresses. Most services are offered with one designated Public IP. Customers are entitled to use only this IP unless they buy additional IP for $5/M extra. If any other IP is used accidently or intentially, all the services offerd to that custoerm will be stopped right away and a fine of $100 fine will be imposed. Service won't be enabled until fine is paid and the IP usage is stopped.

IRC

Datasoft Networks allows the use of private internet relay chat servers for communication among private parties. Datasoft Networks absolutely prohibits the use of IRC servers connected to public IRC networks or servers. IRC servers that result in interference of service, malicious network activity or increased demand on network security services are in direct violation of the acceptable use policy. Violation of the IRC policy will result in methods of resolution under the acceptable use policy.

Peer to Peer

Datasoft Networks allows the use of internet peer to peer software for file sharing purposes. Datasoft Networks highly recommends strict oversight and management of peer to peer software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and the acceptable use policy. Violation of the Peer to Peer policy will result in methods of resolution under the policy.

Bit Torrent

Datasoft Networks allows the use of bit torrent protocols on the public network. Datasoft Networks highly recommends strict oversight and management of Bit Torrent software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and the acceptable use policy. Violation of the Bit Torrent policy will result in methods of resolution under the policy. The following list represents per se direct violations of Acceptable Use Policy and will be subject to immediate redress under the methods of resolution as described in the acceptable use policy.

Copyright Infringement

Direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code are a direct violation of the acceptable use policy. If customer is found to be in violation, Service will be stopped and customer shall not be entitled to a refund of any fees paid in advance prior to such violation and will impose fine $100 for first occurance, $250 for second occurance and $500 for the third occurance.

Email Policy

1. Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure; 2. The content of the e-mail sent must be directly related to sites and services you provide from the Datasoft network; 3. Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given; 4. You retain evidence of the recipients consent in a form that may be promptly produced on request, and you honor recipients and Datasofts requests to produce consent evidence within 72 hours of receipt of the request. 5 The body of the e-mail must describe how the e-mail address was obtained, for example, You opted in to receive this e-mail promotion from our Web site or from one of our partner sites, and information on how to request evidence of the consent, for example, If you would like to learn more about how we received your e-mail address please . which then links to an evidentiary page. 6. You have procedures in place that allow a recipient to easily revoke their consent ? such as a link in the body of the e-mail. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours; 7. You must post an abuse@yourdomain.com e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address; 8. You must have a Privacy Policy posted for each domain associated with the mailing; 9. You have the means to track anonymous complaints; 10. You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the TO line of the e-mail; and 11. You otherwise comply with the CAN SPAM Act and other applicable laws.

Unsolicited Email

The sending or receiving of mass unsolicited email (SPAM) is a direct violation of the acceptable use policy. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services. If Customer is found to be in violation of our SPAM policy, servcie will be stopped and customer shall not be entitled to a refund of any fees paid in advance prior to such violation and will impose fine $100 for first occurance, $250 for second occurance and $500 for the third occurance.

Email Bombing

The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of the acceptable use policy. If Customer is found to be in violation of this policy, servcie will be stopped and customer shall not be entitled to a refund of any fees paid in advance prior to such violation and will impose fine $100 for first occurance, $250 for second occurance and $500 for the third occurance.

Proxy Email (SPAM)

The use of services to proxy email unsolicited users is a direct violation of the acceptable use policy. Proxy email is defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties. If Customer is found to be in violation of this policy, servcie will be stopped and customer shall not be entitled to a refund of any fees paid in advance prior to such violation and will impose fine $100 for first occurance, $250 for second occurance and $500 for the third occurance.

UseNet SPAM

The use of services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of the acceptable use policy. This includes UseNet services located within the Datasoft Networks network or unrelated third party networks. If Customer is found to be in violation of this policy, servcie will be stopped and customer shall not be entitled to a refund of any fees paid in advance prior to such violation and will impose fine $100 for first occurance, $250 for second occurance and $500 for the third occurance.

Illegal Use

Any use of services in direct attempt of statutory illegal activities is a direct violation of the acceptable use policy. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering, defamation, slander, and other common illegal activities. If Customer is found to be in violation of this policy, servcie will be stopped and customer shall not be entitled to a refund of any fees paid in advance prior to such violation and will impose fine $100 for first occurance, $250 for second occurance and $500 for the third occurance.

Child Pornography

Datasoft Networks has a zero stance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and the acceptable use policy. If Customer is found to be in violation of this policy, servcie will be stopped and customer shall not be entitled to a refund of any fees paid in advance prior to such violation and will impose fine $100 for first occurance, $250 for second occurance and $500 for the third occurance.

Threats & Harassment

The Datasoft Networks network can be utilized for any type of individual, organizational or business use. This does not include threats or harassment to individuals, organizations or businesses unless it falls within the bounds of protected free speech under the first amendment. Datasoft Networks seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech. If Customer is found to be in violation of this policy, servcie will be stopped and customer shall not be entitled to a refund of any fees paid in advance prior to such violation and will impose fine $100 for first occurance, $250 for second occurance and $500 for the third occurance

Fraudulent Activities

Datasoft Networks prohibits utilizing services or network services for fraudulent activities. Notification of fraudulent activities by verified third parties can result in violation of the acceptable use policy. If Customer is found to be in violation of this policy, servcie will be stopped and customer shall not be entitled to a refund of any fees paid in advance prior to such violation and will impose fine $100 for first occurance, $250 for second occurance and $500 for the third occurance.

Denial of Service

Datasoft Networks absolutely prohibits the use of services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of the acceptable use policy. If Customer is found to be in violation of this policy, servcie will be stopped and customer shall not be entitled to a refund of any fees paid in advance prior to such violation and will impose fine $100 for first occurance, $250 for second occurance and $500 for the third occurance.

Terrorist Websites

Datasoft Networks prohibits the use of dedicated services for the hosting of terrorist related websites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin. If Customer is found to be in violation of this policy, servcie will be stopped and customer shall not be entitled to a refund of any fees paid in advance prior to such violation and will impose fine $100 for first occurance, $250 for second occurance and $500 for the third occurance.

Distribution of Malware

Datasoft Networks prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting at Datasoft Networks analyzes the latest root kit for new security analysis software. If Customer is found to be in violation of this policy, servcie will be stopped and customer shall not be entitled to a refund of any fees paid in advance prior to such violation and will impose fine $100 for first occurance, $250 for second occurance and $500 for the third occurance.

Phishing

Datasoft Networks strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal. If Customer is found to be in violation of this policy, servcie will be stopped and customer shall not be entitled to a refund of any fees paid in advance prior to such violation and will impose fine $100 for first occurance, $250 for second occurance and $500 for the third occurance.

Disclosure to Law Enforcement

Occasionally, Datasoft Networks is required by law to submit customer information to law enforcement officials when presented with a valid subpoena from a court with proper jurisdiction. Information requested is disclosed as directed pursuant to the subpoena. Datasoft Networks utilizes great care in keeping customer information safe and private and will only release information described in the subpoena. Datasoft Networks will notify customer of the information request as allowed by the subpoena.

Reporting Violation of the Acceptable Use Policy

Datasoft Networks accepts reports of alleged violations of the acceptable use policy via email sent to abuse@serverintellect.com. Reports of alleged violations must be verified and include name, contact information, IP address, and description of the violation. Datasoft Networks owes no duty to third parties reporting alleged violations due to lack of privity in contract law. Datasoft Networks will review all verified third party reports and will take appropriate actions as described within the acceptable use policies.

Methods of Resolution for Violations under the Acceptable Use Policy

The ultimate goal of Datasoft Networks is to balance the rights and interest of our customers in the highly evolving internet world. Datasoft Networks understands the challenges of hosting companies, resellers, businesses, organizations and other customers who may have third party violations occur due to the nature of their business. The goal to our methods of resolution is to mitigate any service interruptions while resolving any potential violations under the policy. Our sales, support and abuse staff are dedicated to working with you in resolving potential violations and are available via phone or email. The methods of resolution below form the framework for a resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, Datasoft Networks is dedicated to working with the Customer in resolving all potential violations prior to any service interruptions.

Step 1: First alleged violation of AUP: a support ticket with email notification will be generated with information regarding the potential violation of the acceptable use policy. This is often a fact finding email requiring further information or notifying Customer of the potential violation and the required actions to resolve the issue.

Step 2: Acknowledgement of violation of AUP: a support ticket with email notification with information specific to the violation. This ticket will also include any additional facts about the situation and will notify customer of the action required to resolve the violation.

Step 3: Violation of AUP disregarded, not properly addressed, or continuing violation: if a ticket has been disregarded, not properly addressed, or resolved by the customer for a specified period of time, Datasoft Networks engineers will turn the public network port to the specified dedicated services off. Access to the dedicated services is achieved through the secure private service network for Customer resolution. As soon as the violation is addressed, the public access is restored and service continues as normal.

Step 4: Failure to address violation and remove violation: if customer fails to address the violation AND resolve the violation, a suspension of services will occur. This is a last resort for Datasoft Networks and requires a complete failure in the resolution process on behalf of the Customer. A permanent suspension of services includes reclamation of all dedicated services and data destroyed at the end of the current billing cycle.

Disclaimer: Datasoft Networks retains the right, at its sole discretion, to refuse new service to any individual, group, or business. Datasoft Networks also retains the right to discontinue service with notice for repeated violation of the acceptable use policy over time.



Acceptance of the Master Service Agreement incorporating the Terms of Service, Acceptable Usage Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the order process for our services.

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