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MWDHosting.com Policies
Account and Policy Term:
The effective date of these Terms and Conditions and the Acceptable
Use Policy is the date of acceptance by the Customer of services
from MWDHosting.com, and they shall remain in effect until Customer
terminates his/her account or MWDHosting.com cancels Customer's
account. MWDHosting.com reserves the right to change the terms
and conditions of use or it's Acceptable Use Policy at any time.
Notification of changes will be announced via email. If customer
does not agree to changes, Customer may cancel services by giving
MWDHosting.com proper written notice as directed herein.
Refunds:
MWDHosting.com will provide a refund to new users provided they contact support within the first week (7 days) of use and provided they have not violated any of
the policies outlined below.
No refunds will be given after an user has been active over 7 days.
Security of Accounts:
MWDHosting.com accounts are for individual Customers. Customer
therefore agrees not to share the password of the account with
others. Customer agrees to maintain a secure password to the
account and is responsible for any use of his/her account. Customer
agrees not to use any MWDHosting.com services to obtain the
passwords of other customers on MWDHosting.com or other systems.
Customer agrees not to use MWDHosting.com services to make unauthorized
attempts to access any systems and networks.
Specific Acceptable Use Policies:
MWDHosting.com believes that the First Amendment rights of free
speech, freedom of the press, and freedom of association apply
to the Internet to the same degree as they do to print media.
MWDHosting.coms has no intention of infringing upon those rights.
In fact we encourage using your own creativity and self expression
within the limits of the law.
Illegal Material (Copyright):
MWDHosting.com assumes no legal liabilities relating to Customer's
use of MWDHosting.com computer network and equipment. However,
MWDHosting.com requires that its customers not use MWDHosting.com
network for illegal purposes. In any legal matters that result
from a Customers action, MWDHosting.com is under no obligation
to defend itself rather than settle. Any losses suffered by
MWDHosting.com to settle or defend legal action, and all civil
or criminal penalties inflicted on MWDHosting.com as a result
of any Customers act are payable by the customer. Customer shall
have no defense against prompt and full repayment to MWDHosting.com.
When presented with a search warrant, MWDHosting.com is obligated
to release appropriate information requested, and will cooperate
with the authorities in any criminal investigation. While MWDHosting.com
recognizes that the legal status of the Internet has not yet
been fully resolved, MWDHosting.com considers certain actions
illegal and therefore not allowed on its network, for example:
unauthorized distribution of copyrighted material (warez); exploitation
of minors; unauthorized use of computer resources. MWDHosting.com
makes no representations concerning any attempt to review the
content of sites hosted on its servers, and so MWDHosting.com
is not responsible for the accuracy, copyright compliance, legality
or decency of material contained in sites hosted on its servers.
Failure to Pay:
The Company may temporarily deny service or terminate this Agreement
upon the failure of Subscriber to pay charges when due. Such
termination or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus reasonable interest
and any collection fees.
Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed
the number of megabytes per month for the Services ordered by
Customer on the Order Form. MWDHosting.com will monitor Customer's
bandwidth and disk usage. MWDHosting.com shall have the right
to take corrective action if Customer's bandwidth or disk usage
exceeds the Agreed Usage. Such corrective action may include
the assessment of additional charges, disconnection or discontinuance
of any and all Services, or termination of this Agreement, which
actions may be taken is in MWDHosting.com sole and absolute
discretion. If MWDHosting.com takes any corrective action under
this section, Customer shall not be entitled to a refund of
any fees paid in advance prior to such action. In the event
that a customer exceeds the included allocation, MWDHosting.com
may, at its sole discretion, collect a deposit, in an amount
determined by MWDHosting.com, against customer's credit card
on file with MWDHosting.com
Failure to Pay:
The Company may temporarily deny service or terminate this Agreement
upon the failure of Subscriber to pay charges when due. Such
termination or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus reasonable interest
and any collection fees.
Account Cancellation:
All requests for canceling accounts must be made within at least
30 days notice. Notice must be sent to sales@mwdhosting.com.
You must have all account information to cancel. MWDHosting.com
takes no responsibility for any material: input by others and
not posted to the MWDHosting.com Network by MWDHosting.com.
MWDHosting.com is not responsible for the content of any other
websites linked to the MWDHosting.com Network; links are provided
as Internet navigation tools only. MWDHosting.com disclaims
any responsibility for any such inappropriate use and any liability
to any person or party for any other person or party's violation
of this policy.
MWDHosting.com AUP:
Acceptable Use Policy: Users are not permitted to have any cgi
shells, or php shells. This includes FooArt, PhpShell, and such
others as 'copytest'. Users with these files are subject to
having their account suspended, and a $20 fine. MWDHosting.coms
Acceptable Use Policy ("AUP") is provided to give our customers
and users a clear understanding of what MWDHosting.com expects
of them while using the service. All users of MWDHosting.coms
Internet services including 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 MWDHosting.com Service
constitutes acceptance and agreement to MWDHosting.com's AUP
as well as MWDHosting.com's TOS (Terms of Service).
IMPORTANT NOTICE:
*All Payments To MWDHosting.com on supended accounts are Nonrefundable*
We support the uncensored flow of information and ideas over
the Internet and do not actively monitor subscriber activity
under normal circumstances. Similarly, we do not exercise editorial
control over the content of any web site, e-mail transmission,
newsgroups, or other material created or accessible over or
through the services, except for certain proprietary Web sites.
However, in accordance with our TOS (Terms of Service), we may
remove any materials that, in our sole discretion, may be illegal,
may subject us to liability, or which may violate this AUP.
MWDHosting.com may cooperate with legal authorities and/or third
parties in the investigation of any suspected or alleged crime
or civil wrongdoing. Your violation of this AUP may result in
the suspension or immediate termination of either your MWDHosting.com
account or other actions WITHOUT PRIOR NOTICE. This document
is intended to provide a basic understand of MWDHosting.coms
Acceptable Use Policy. The following are guidelines for the
establishment and enforcement of MWDHosting.coms AUP: Ensure
reliable service to our customers Ensure security and privacy
of our systems and network, as well as the networks and systems
of others. Comply with existing laws. Preserve the privacy and
security of individual users. While MWDHosting.com is firmly
committed to the principles of free speech, certain activities
that may be damaging to the resources of both MWDHosting.com
and the Internet and cannot be permitted under the guise of
free speech. We do not routinely monitor the activity of accounts
except for measurements of system utilization and the preparation
of billing records. However, in our efforts to promote good
citizenship within the Internet community, we will respond appropriately
if we become aware of inappropriate use of our service. You
may not use your virtual site to publish material, which MWDHosting.com
determines, at its sole discretion, to be unlawful, indecent
or objectionable. For purposes of this policy, "material" refers
to all forms of communications including narrative descriptions,
graphics (including photographs, illustrations, images, drawings,
logos), executable programs, video recordings, and audio recordings.
If a MWDHosting.com account is used to violate the Acceptable
Use Policy or our TOS, we reserve the right to terminate your
service without notice. We prefer to advise customers of inappropriate
behavior and any necessary corrective action, however, flagrant
violations of the Acceptable Use Policy will result in immediate
termination of service. Our failure to enforce this policy,
for whatever reason, shall not be construed as a waiver of our
right to do so at any time. As a member of our network community,
you must use your Internet access responsibly. If you have any
questions regarding this policy, please contact us at abuse@mwdhosting.com
VIOLATIONS OF ACCEPTABLE USE POLICY:
The following constitute violations of this AUP:
Illegal use:
MWDHosting.com services may not be used for illegal purposes,
or in support of illegal activities. MWDHosting.com reserves
the right to cooperate with legal authorities and/or injured
third parties in the investigation of any suspected crime or
civil wrongdoing.
Harm to minors:
Use of the MWDHosting.com service to harm, or attempt to harm,
minors in any way, including, but not limited to child pornography.
Threats:
Use of MWDHosting.com service to transmit any material (by e-mail,
uploading, posting or otherwise) that threatens or encourages
bodily harm or destruction of property. Harassment: Use of MWDHosting.com
service to transmit any material (by e-mail, uploading, posting
or otherwise) that harasses another.
Fraudulent activity:
Use of MWDHosting.com service to make fraudulent offers to sell
or buy products, items, or services, or to advance any type
of financial scam such as "pyramid schemes," "ponzi schemes,"
and "chain letters".
Forgery or impersonation:
Adding, removing or modifying identifying network header information
in an effort to deceive or mislead is prohibited. Attempting
to impersonate any person by using forged headers or other identifying
information is prohibited. The use of anonymous remailers or
nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail
(SPAM):
Use of the MWDHosting.com service to transmit any unsolicited
commercial or unsolicited bulk e-mail is expressly prohibited.
Violations of this type will result in the immediate termination
of the offending MWDHosting.com account.
E-mail / News Bombing:
Malicious intent to impede another person's use of electronic
mail services or news will result in the immediate termination
of the offending MWDHosting.com account.
E-mail / Message Forging:
Forging any message header, in part or whole, of any electronic
transmission, originating or passing through the MWDHosting.com
service is in violation of this AUP.
Unauthorized access:
Use of the MWDHosting.com service to access, or to attempt to
access, the accounts of others, or to penetrate, or attempt
to penetrate, security measures of MWDHosting.com or another
entity's computer software or hardware, electronic communications
system, or telecommunications system, whether or not the intrusion
results in the corruption or loss of data, is expressly prohibited
and the offending MWDHosting.com account is subject to immediate
termination.
Copyright or trademark infringement:
Use of the MWDHosting.com service to transmit any material (by
e-mail, uploading, posting or otherwise) that infringes any
copyright, trademark, patent, trade secret or other proprietary
rights of any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the digitization
and distribution of photographs from magazines, books, or other
copyrighted sources, and the unauthorized transmittal of copyrighted
software.
Collection of personal data:
Use of the MWDHosting.com service to collect, or attempt to
collect, personal information about third parties without their
knowledge or consent.
Network disruptions and unfriendly activity:
Use of the MWDHosting.com service for any activity which affects
the ability of other people or systems to use MWDHosting.com
Services or the Internet. This includes "denial of service"
(DOS) attacks against another network host or individual user.
Interference with or disruption of other network users, services
or equipment is prohibited. It is the Member's responsibility
to ensure that their network is configured in a secure manner.
A Subscriber may not, through action or inaction, allow others
to use their network for illegal or inappropriate actions. A
Subscriber may not permit their network, through action or inaction,
to be configured in such a way that gives a third party the
capability to use their network in an illegal or inappropriate
manner. Unauthorized entry and/or use of another company and/or
individual's computer system will result in immediate account
termination. MWDHosting.com will not tolerate any subscriber
attempting to access the accounts of others, or penetrate security
measures of other systems, whether or not the intrusion results
in corruption or loss of data. Fraud: Involves a knowing misrepresentation
or misleading statement, writing or activity made with the intent
that the person receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade
Secret, or Intellectual Property Right:
Distribution and/or posting of copyrighted or the aforementioned
infringements will not be tolerated.
Distribution of Viruses:
Intentional distributions of software that attempts to and/or
causes damage, harassment, or annoyance to persons, data, and/or
computer systems are prohibited. Such an offense will result
in the immediate termination of the offending account. Inappropriate
Use of Software: Use of software or any device that would facilitate
a continued connection, i.e. pinging, while using MWDHosting.com
services could result in suspension service.
Third Party Accountability:
MWDHosting.com subscribers will be held responsible and accountable
for any activity by third parties, using their account, that
violates guidelines created within the Acceptable Use Policy.
Security: You are responsible for any misuse of your account,
even if the inappropriate activity was committed by a friend,
family member, guest or employee. Therefore, you must take steps
to ensure that others do not gain unauthorized access to your
account. In addition, you may not use your account to breach
security of another account or attempt to gain unauthorized
access to another network or server. Your password provides
access to your account. It is your responsibility to keep your
password secure. Sharing your password and account access with
unauthorized users is prohibited. You should take care to prevent
others from using your account since you will be held responsible
for such use. Attempting to obtain another user's account password
is strictly prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize
unauthorized use of your account. You may not attempt to circumvent
user authentication or security of any host, network or account.
This includes, but is not limited to, accessing data not intended
for you, logging into or making use of a server or account you
are not expressly authorized to access, or probing the security
of other networks. Use or distribution of tools designed for
compromising security is prohibited. Examples of these tools
include, but are not limited to, password guessing programs,
cracking tools or network probing tools. You may not attempt
to interfere with service to any user, host or network ("denial
of service attacks"). This includes, but is not limited to,
"flooding" of networks, deliberate attempts to overload a service,
and attempts to "crash" a host. Users who violate systems or
network security may incur criminal or civil liability. MWDHosting.com
will cooperate fully with investigations of violations of systems
or network security at other sites, including cooperating with
law enforcement authorities in the investigation of suspected
criminal violations.
Network Performance:
MWDHosting.com customer's accounts operate on shared resources.
Excessive use or abuse of these shared network resources by
one customer may have a negative impact on all other customers.
Misuse of network resources in a manner which impairs network
performance is prohibited by this policy and may result in termination
of your account. You are not allowed to run ANY IRC servers
or abusive services using shell on the MWDHosting.com network.
This includes any IRC bots, scripts, servers, etc. Servers are
defined as eggdrop servers, perlbots, VOIP applications, proxies,
BitchX, psyBnc, root exploits, DDos scripts, shoutcast servers,
etc. Running any of these will face in immediate suspension,
and users will be subject to a fine no less than $50.00, and
no more than $200.00, pending further investigation. Also having
any type of 'proxy' including nph-proxy 'Cgi-Proxy' or proxy
scripts in your directory subjects you to a 50.00 fine. MWDHosting.com
reserves the right to terminate an account for these activities
also. You are prohibited from excessive consumption of resources,
including CPU time, memory, disk space and session time. You
may not use resource-intensive programs which negatively impact
other customers or the performances of MWDHosting.com systems
or networks. MWDHosting.com reserves the right to terminate
or limit such activities.
REPORTING VIOLATIONS OF MWDHosting.com AUP:
MWDHosting.com requests that anyone who believes that there
is a violation of this AUP direct the information to the Abuse
Department at abuse@mwdhosting.com If available, please provide
the following information: The IP address used to commit the
alleged violation The date and time of the alleged violation,
including the time zone or offset from GMT. Evidence of the
alleged violation E-mail with full header information provides
all of the above, as do system log files. Other situations will
require different methods of providing the above information.
MWDHosting.com may take any one or more of the following actions
in response to complaints: Issue written or verbal warnings
Suspend the Member's forum posting privileges Suspend the Member's
account Terminate the Member's account Bill the Member for administrative
costs and/or re-activation charges Bring legal action to enjoin
violations and/or to collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
MWDHosting.com reserves the right to revise, amend, or modify
this AUP, our TOS (Terms of Service) and our other policies
and agreements at any time and in any manner. Notice of any
revision, amendment, or modification will be posted in accordance
with our TOS (Terms of Service) |