All services provided by DevCen ("DevCen") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless DevCen from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to DevCen' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software
hacker programs or archives
Warez sites

NOTICE: IF YOUR CONTENT SUBMITTED TO DevCen IS FOUND TO CONTAIN LINKS TO ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, DevCen WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of DevCen is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
DevCen shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from DevCen ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, DevCen shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of DevCen ' servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to admin@devcen.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
DevCen cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by DevCen are resold. Thus, certain equipment, routing, software and programming used by DevCen are not directly owned or written by DevCen. Moreover, DevCen holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as DevCen sees fit.

Account Activation
By activating your account with DevCen, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, we may block/deactivate your account. We may, however, advise you by e-mail prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
Although DevCen has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

DevCen reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Acceptable Use Policy

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that DevCen cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because DevCen cannot monitor or censor the Internet, and will not attempt to do so, DevCen cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that DevCen does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over DevCen' network and may reach a large number of people, including both subscribers and non-subscribers of DevCen, subscribers' postings to the Internet may affect other subscribers and may affect DevCen' goodwill, business, reputation or operations. For these reasons, subscribers violate DevCen policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward DevCen, but also because it can overload DevCen' network and disrupt service to DevCen' subscribers.

Adult-Oriented Content:
DevCen does not allow adult content and will suspend/terminate any offending account.

Obscene Speech or Materials:
Using DevCen' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. DevCen is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through the medium.

Defamatory or Abusive Language:
Using DevCen' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that DevCen determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. DevCen will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with DevCen' policy or applicable law. However, when DevCen becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by DevCen.

DevCen expects that its subscribers who provide content or use DevCen services will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate DevCen policy. Finally, DevCen wishes to emphasize that, in signing the Service Agreement, subscribers indemnify DevCen for any violation of the Service Agreement, law or DevCen policy resulting in loss to DevCen or the bringing of any claim against DevCen by any third party. This means that, if DevCen is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against DevCen, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including DevCen and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to admin@devcen.com.