Digital Opera

Acceptable Use Policy

This AUP governs the use of Digital Opera’s web hosting, platform and marketing services. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Digital Opera regarding the interpretation of this AUP, Digital Opera’s interpretation, in its reasonable commercial judgment, shall govern.

The following is the entire Acceptable User Policy (“AUP”) agreement between Digital Opera and the personal or corporate account holder. Digital Opera has certain legal and ethical responsibilities consistent with the use of its servers and equipment involved in providing web hosting, marketing and ecommerce services. Digital Opera’s general policy is to act as a provider of your internet presence. Digital Opera reserves the rights to suspend or cancel a customer’s access to any or all services provided by Digital Opera when we decide that the account has been inappropriately used.

What is Appropriate Usage?

Digital Opera is designed to serve the digital business development needs of individuals and small businesses. Digital Opera is sometimes a shared web hosting service, which means that a number of customers’ web sites and other email or storage services are hosted from the same server(s). Digital Opera uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers’ sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.

Disk Space

Disk space limits are clearly defined for each plan, and current disk usage can be viewed from within the customer control panel (cPanel). Automated warnings are sent out if an account is close to its defined disk usage limit, and the account can be upgraded from within the Client Area to alleviate the problem as needed.

Prohibited Uses

Customers may not use shared hosting accounts for the following:

a) Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero and Folding@home.
b) Running any software that interfaces with an IRC (Internet Relay Chat) network.
c) Running any file sharing, bit torrent or other P2P network services, client or server software.
d) Running any gaming servers.

Due to the potential for adverse effects on other customers, Digital Opera may suspend or terminate offending accounts without warning or refund.

Data Transfer / Bandwidth

Data transfer limits are clearly defined for each plan, and current month data transfer usage can be viewed from within the customer control panel (cPanel). Automated warnings are sent out if an account is close to its defined data transfer limit, and the account can be upgraded from within the Client Area to alleviate the problem as needed.

Email Storage

Email storage is part of an account’s overall disk space limit, and does not have any separate limit.

Unlimited Features

All of our accounts come with unlimited email accounts, subdomains, and FTP accounts subject to disk space limits. There is no numerical restriction on features marked as “Unlimited” as long as an account remains within its disk space limit.

Offensive Content

Customers may not publish or transmit via Digital Opera’s services any content that Digital Opera reasonably believes:

a) Constitutes child pornography;
b) Constitutes pornography;
c) Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
d) Is defamatory or violates a person’s privacy;
e) Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
f) Improperly exposes trade secrets or other confidential or proprietary information of another person;
g) Is intended to assist others in defeating technical copyright protections;
h) Clearly infringes on another person’s trade or service mark, patent, or other property right;
i) Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
j) Is otherwise illegal or solicits conduct that is illegal under laws applicable to the customer or to Digital Opera;

Accounts violating any of these provisions are subject to suspension or termination without notice or refund.

Security

We do everything possible to maintain the security of our servers and network, however customers must also take reasonable security precautions such as protecting the confidentiality of account passwords, ensuring that they are of reasonable strength, changing passwords periodically.

Bulk Commercial Email

Bulk commercial email and mailing lists are allowed on Digital Opera’s servers, however sending is restricted to a maximum of 500 emails per hour per account. Any emails sent from Digital Opera accounts must adhere to the following rules:

a) Intended recipients have given their consent to receive email via some affirmative means, such as an opt-in procedure;
b) Procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the email address for which the consent is given;
c) The source of the email may not be obscured in any manner.

These policies apply to messages sent using Digital Opera’s services, or to messages sent from any network that directly or indirectly refer the recipient to a site hosted via Digital Opera’s services.

Unsolicited Email

Digital Opera’s services may not be used to send any unsolicited email, either in bulk or individually. Accounts violating this provision are subject to suspension or termination without notice or refund.

Material Protected By Copyright

Digital Operas services may not be used to publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

a) The customer has been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
b) The customer is otherwise permitted by established United States copyright law to copy the work in that manner.

Digital Opera will terminate the service of repeat copyright infringers without notice or refund.

Intellectual Property Notice

Digital Opera, LLC is registered in the state of Arizona. Use of any Digital Opera trademark without written consent is strictly prohibited, and all violations will be pursued to the fullest extent of the law.

Disclaimer

Digital Opera is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Digital Opera network and servers.