Terms of Service (TOS) & Acceptable Use Policy (AUP)
By using our webhosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:
illegality in any form
unauthorized distribution or copying of copyrighted software
violation of U.S. export restrictions
harassment
fraud
trafficking in obscene material
drug dealing
other illegal activities not covered above
System and Network 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, probe, or scan of a 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 and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.
Spamming
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
It is contrary to MannaHost's policy for customers to use our servers to effect or participate in any of the following activities:
To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list
To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients
To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a MannaHost provided server, or using a MannaHost provided server as a maildrop for responses
To falsify user information provided to MannaHost or to other users of the service in connection with use of a MannaHost service
When MannaHost becomes aware of an alleged violation of its Acceptable Use Policy, MannaHost will initiate an investigation (within 24-72 hours). During the investigation MannaHost may restrict Customer's access in order to prevent further possible unauthorized activity. If the Customer is found in violation of our SPAM policy, MannaHost may, at its sole discretion, restrict, suspend, or terminate the Customer's account and/or pursue other civil remedies. Also, MannaHost reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offense, MannaHost will notify the appropriate law enforcement department of such violation.
The Customer shall be held liable for any and all costs incurred by MannaHost as a result of the customer's violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. First violations will result in a Cleanup Fee of $300 and the customer’s account will be reviewed for possible immediate termination. Each subsequent violation thereafter will result in Cleanup Fee of $600 and immediate termination of the customer’s account. The Customer who violates this policy agrees to also pay Investigation Fees of no more than $150 per hour that MannaHost personnel must spend to investigate any violations.
CUSTOMER SERVICE AGREEMENT
This is an agreement between you and MannaHost regarding your use of MannaHost's computers, interactive information, communication and server management service. This Agreement governs the terms and conditions under which MannaHost makes the services offered by MannaHost available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the MannaHost webhosting or similar services. Under this Agreement, you must comply with MannaHost's then current "Acceptable Use Policy," as updated from time to time by MannaHost.
1. MannaHost will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. If you do not provide written notice, you will be charged for the next terms rate.
2. MannaHost's services are 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. MannaHost expressly disclaims any representation or warranty that the MannaHost services will be error-free, secure or uninterrupted. No oral advice or written information given by MannaHost, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography, graphic violence or death. Violations of these or any other provisions of this Agreement may result in termination of the services provided by MannaHost, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of MannaHost based upon the severity of the violation. MannaHost reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of MannaHost's then current Acceptable Use Policy, in the sole and absolute opinion of MannaHost. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless MannaHost from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by MannaHost, (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.
4. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that MannaHost reserves the right to change the specified rates and charges from time to time.
5. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. MannaHost will not change passwords to any account without proof of identification, which is satisfactory to MannaHost, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that MannaHost will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will MannaHost be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless MannaHost from any and all claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
6. The Account Holder agrees not to harm MannaHost, its reputation, computer systems, programming and/or other persons using MannaHost's services. MannaHost reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by MannaHost are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it's website. MannaHost, will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then MannaHost has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless MannaHost and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by MannaHost The terms of this Section will survive any termination of this Agreement.
7. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of MannaHost.
8. If the Account Holder sells or resells advertising or webspace to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. MannaHost has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current MannaHost Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by MannaHost, MannaHost may terminate the services being provided to the Account Holder.
9. MannaHost will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall MannaHost be liable to the Account Holder for any damages resulting from or related to any failure or delay of MannaHost in providing access to the Internet under this Agreement. In no event shall MannaHost be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of MannaHost under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
10. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A MannaHost account may not be transferred without prior written approval from MannaHost. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the MannaHost services, including any damages resulting therefrom, until the Account Holder notifies MannaHost's customer service.
11. If MannaHost assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the MannaHost services, the right to use that Internet Protocol address will remain with and belong only to MannaHost, and the Account Holder will have no right to use that Internet Protocol address except as allowed by Vortech, Inc. in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement between the Account Holder and MannaHost with respect to the MannaHost services and supersedes all prior agreements between the Account Holder and MannaHost. MannaHost's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
13. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in Berrien Springs, MI. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.,/li>
14. The Account Holder agrees to indemnify and hold MannaHost harmless from any and all claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and MannaHost will promptly notify the other upon receipt of any claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
15. MannaHost may include the Account Holder's name and contact information in directories of MannaHost service subscribers for the purpose promoting the use of the services by additional potential clients. However, MannaHost is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.
16. The interpretation and enforcement of this Agreement shall be governed according the laws of the state of Florida (excluding its choice of law rules) and the federal laws of United States applicable therein. The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of Berrien Springs, Michigan for any action arising out of or relating to the Account Holder's use of the MannaHost services. The federal and provincial courts of Berrien Springs, Michigan will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.
17. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
20. MannaHost may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
21. If an account holder's account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 10% per month until the outstanding balance is paid in full.
22. If an account holder charges back for services rendered, a $50.00 charge back fee will be added to the amount charged back by the customer.
23. Returned checks will incur a $50 worthless check fee. Any account holder who incurs a worthless check fee will be required to pay all future payments via money order or cashier's check.
24. You agree that MannaHost may establish limits concerning use of any MannaHost service offered on any MannaHost web site, including without limitation the maximum number of days that e-mail messages will be retained by any MannaHost service, the maximum number of e-mail messages that may be sent from or received by an account on any MannaHost service, the maximum size of an e-mail message that may be sent from or received by an account on any MannaHost service, the maximum disk space that will be allotted on MannaHost's servers on your behalf either cumulatively or for any particular service. You agree that MannaHost has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any MannaHost service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any MannaHost service may change at any time.
We think that about covers it. If more verbage proves to be necessary we will add some.
|
