| |
Acceptable Use Policy (AUP)
This Mainstown Solutions Acceptable Use Policy ("AUP") describe the
proper kinds of conduct and prohibited uses of Mainstown Solutions' hosting
services (the "Services"). This AUP is not exhaustive and Mainstown
Solutions reserves the right to modify this AUP at any time, effective upon
posting of the modified AUP at www.mainstown.com. By registering for and using
the Services, and thereby accepting the terms and conditions of this AUP, you
agree to abide by these conditions as modified from time to time. Any violation
of the AUP may result in the suspension or termination of your account or such
other action as Mainstown Solutions deems appropriate.
Server Abuse
Any attempt to
undermine or cause harm to a server, or customer, of Mainstown Solutions is
strictly prohibited.
Unauthorized use of
other people's accounts or computers Mainstown Solutions will strongly react to
any use or attempted use of an Internet account or computer without the owner's
authorization. Such attempts include "Internet scamming" (tricking
other people into releasing their passwords), password robbery, security hole
scanning etc.
Any unauthorized use
of accounts or computers by a Mainstown Solutions customer, whether or not the
attacked account or computer belongs to Mainstown Solutions, will result in
action against the attacker. Possible actions include warnings, account
suspension or cancellation, and civil or criminal legal action, depending on
the seriousness of the attack.
IMPORTANT NOTE - Mainstown Solutions
has the right to discontinue service, or deny access to anyone who violates our
Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR
NOTICE. No refunds or fees paid will be made if account termination is due to
violation of the terms outlined below.
Customers may not run
IRC, bots or clients on shared servers. Unacceptable uses also include, but are
NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming,
pornographic content, illegal content, copyright infringement, trademark
infringement, warez, cracks, software serial numbers, and/or anything else
determined by Mainstown Solutions to be unacceptable use of Mainstown
Solutions' services including abuse of server resources.
All hosting accounts
may be terminated that include the following content or which have links to the
following content:
- Providing material that is
grossly offensive to the Web community including blatant expressions of
bigotry, racism or hatred.
- Promoting or providing
instructional information about illegal activities, or promoting physical
harm or injury against any group or individual.
- Displaying material that
exploits children under 18 years of age.
- Acts of copyright
infringement including offering pirated computer programs or links to such
programs, information used to circumvent manufacturer-installed
copy-protect devices, including serial or registration numbers for
software programs, or any type of cracker utilities.
- Exporting encryption software
over the Internet or otherwise, to points outside the United States.
- Distributing information
regarding the creation of and sending Internet viruses, worms, Trojan
horses, pinging, flooding, mailbombing, 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.
- 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, mailbombing, denial of service attacks,
and piracy of software. Any account that is deactivated by the abuse team
will be charged the following reactivation fees:
1st offense - $25.00
2nd offense - $100.00
3rd offense - $500.00 + Account termination
This fee will only be waived if it is determined by the abuse team that
the account was disabled without cause.
Abuse of Unlimited Traffic
Mainstown Solutions' customers are privileged to be offered unlimited traffic
for their web sites. The intention of Mainstown Solutions is to provide a large
space to serve web documents, not an off site storage area for electronic
files. All (90%) of your web pages (html) must be 'linked' with files (.GIF,
.JPEG, etc.) stored on Mainstown Solutions' server. Web sites that are found to
contain either/or no html documents, a large number of unlinked files are
subject to warning, suspension or cancellation at the discretion of Mainstown
Solutions management. Any customer who violates Mainstown Solutions' Policies
in abusing either space/site transfer will be notified and given 2 days to
remedy the problem. If the problem is not resolved within the allotted period,
the client will be billed for the overages.
To maintain the integrity of our shared hosting service the following
limitations apply:
Sites with banners, graphics or cgi scripts running from their domain used on
other domains. Sites with picture galleries (This is any site where 50% of the
files transferred is graphics) Sites offering download files or archives. (This
is any site where 50% or more of there monthly traffic is from file downloads).
Sites using more than 30% of system resources for longer than 60 seconds. Sites
running multimedia files (QuickTime, Real Audio, Real Video, MP3).
For those that do not qualify for the unlimited service, traffic will go
unmonitored until you reach 20 GB per month. Thereafter, normal data transfer
cost of $10.00/1GB/month will be billed to your account. If you want to pre-pay
for bandwidth overages, you will be billed $5.00/1GB/month.
You will receive a notice on Tuesday morning detailing your bandwidth usage.
You will have 7 days to pay for your overages. If you do not pay for your
overages your site will be disabled within 7 days of your first notice. This
does not apply to colocation clients. Colocation clients will be billed for the
overages based on switch reports. Colocation clients must pay for the overages
IMMEDIATELY once billing or Mainstown Solutions has the sole decision to
deactivate any and all servers.
Mainstown Solutions will be the sole arbiter as to what constitutes a violation
of this provision.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and
will likely result in account cancellation.
Mainstown Solutions takes a zero-tolerance approach to spam originating from
our servers or for spam advertising of domains hosted on our servers.
The following activities are not allowed:
- Unsolicited bulk or commercial messages
("spam"). This includes, but is not limited to, bulk mailing of
commercial advertising, informational announcements, charity requests,
petitions for signatures, and political or religious tracts. Such messages
may only be sent to those who have explicitly requested it from your
domain.
- Forging, altering or removing electronic mail
headers is prohibited. Any domain sending stealth spam will be terminated
without warning and without refund.
- Sending numerous copies of the same or
substantially similar message with the intent to disrupt a server or
account ("mail bombing").
- Spamming Newsgroups: Commercial advertisements
are unwelcome in most Usenet discussion groups and on most e-mail mailing
lists. Inappropriate posting may result in account cancellation. See the
newsgroup or mailing list's charter for whether advertising is allowed or
not. "Spamming," or sending a message to many different
off-topic newsgroups, is particularly unethical and will be treated as such.
- Mail may not be used to harass or intimidate
others. Harassment, whether through language, frequency of messages, or
size of messages, is prohibited. Sending a single unwelcome message may be
considered harassment. If a recipient asks to stop receiving e-mail, you
must not send that person any further messages.
- Providing spamware (software used to send bulk
email or software used to harvest email addresses) or links to sites
providing spamware is strictly prohibited and subject to demand for
removal or account cancellation.
Note: If you use the services of another provider (including but
not limited to the use of address lists obtained from a third party vendor or
provider) to promote a web site hosted by or through Mainstown Solutions
(spamvertising), then the provisions of the above Policy shall apply as if the
spam were sent through our servers.
Penalty: Depending on the severity of your SPAMMING, Mainstown Solutions
reserves the right to charge you between $1.00 - $100.00 PER SPAM sent through
our network. Your web site content will also be confiscated and it will be
NEVER returned to you.
CGI Scripts
(This section does not apply to managed dedicated or colocation servers.) Each
shared Unix web hosting account comes with its own cgi-bin, in which you are
free to use any* CGI scripts you wish. All CGI scripts (Perl scripts with a .pl
or .cgi extension) intended for use on shared Windows 2000 web hosting accounts
are subject to approval by our NT Administrators.
*See the Server Resource Abuse section.
Server Resource Abuse
(This section does not apply to managed dedicated or colocation servers.)
Shared server accounts are limited in use of the amount of server resources.
Shared server resource abuse includes any process or service usage that affects
normal shared server operation, resources or connectivity, and which causes a
server to become overloaded. Shared server resources include CPU and memory
usage, number of concurrent processes, number of concurrent port or database
connections and total bandwidth. Possible causes of server resource abuse
include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL,
PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is
detected, possible actions include, but are not limited to: disabling of the
offending script or scripts, disabling of the specific service, disabling of
the entire account or account cancellation. If server overload is a result of
server resource abuse, these actions will be taken without prior notice or
warning.
Child Pornography
Our policy on child pornography is zero tolerance. Mainstown Solutions will
cooperate fully with any criminal investigation into a Customer's violation of
the Child Protection Act of 1984 concerning child pornography. Customers are
ultimately responsible for the actions of their clients over the Mainstown
Solutions network, and will be liable for illegal material posted by their
clients.
According to the Child Protection Act, child pornography includes photographs,
films, video or any other type of visual presentation that shows a person who
is or is depicted as being under the age of eighteen years and is engaged in or
is depicted as engaged in explicit sexual activity, or the dominant
characteristic of which is the depiction, for a sexual purpose, of a sexual
organ or the anal region of a person under the age of eighteen years or any
written material or visual representation that advocates or counsels sexual
activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs
Agency at 1-800-BEALERT
Chat Rooms
We do not allow clients to install their own chat rooms within a shared hosting
account, without approving it with the Mainstown Solutions Support Team. Most
chat rooms tend to be large system hogs and we cannot allow it as an account
option. However, we do provide a choice of Java chat rooms for a small extra
charge that will more than fill your needs and run without hindering the
performance of the machine for others. Note: Parachat chat rooms do not apply
to this rule. They are perfectly fine to install.
Abuse of SMTP Mail Server
We do not allow clients to send more than 2000 pieces of e-mail per day from a
shared hosting account. If you do send more than 2000 pieces of e-mail per day,
your account will be placed on hold for Network Abuse. If you are sending
legitimate e-mails and they total more than 2000 per day your account will be
moved to a special server that is specifically designed to handle high volumes of
e-mail. You will be charged $50.00/month in addition to your regular hosting
charges if your account is moved to this server.
Background Running Programs
We may allow programs to run continually in the background. These are
considered on a one-to-one basis and an extra charge will be incurred based on
system resources used and operational maintenance needed. (this section does
not apply to managed dedicated servers)
IRC
We currently do not allow IRC IRC clients or IRC bots to be operated on any of
our servers. In addition, IRC servers are not permitted on our network. Anyone
found to be in violation of this policy risks immediate account termination.
Excessive Use/Overages
You will not exceed the bandwidth, storage and E-mail usage limits outlined by
your particular web hosting package. If you use any bandwidth or storage space
in excess of the agreed upon number of megabytes per month or if you exceed
E-Mail storage and attachment size limitations, Mainstown Solutions may, in its
sole discretion, assess you with additional charges. If Mainstown Solutions
elects to take any corrective action, Mainstown Solutions will not refund any
unused pre-paid fees. Your use of your account and access to it is your
responsibility. You are responsible for any unauthorized access to your account
resulting in bandwidth, storage and/or E-mail usage exceeding the limits
outlined in your particular web hosting package specifications and resultant
charges. Bandwidth overages are currently billed at $20/GB/month. Disk space
overages are currently billed at $.25/MB/month. Email attachments overages are
currently billed at $.10 per email over 10MB.
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged for all new
accounts and major account changes and are non-refundable. All pricing is
guaranteed for the term of pre-payment. Mainstown Solutions reserves the right
to change prices at any time, unless other terms have been agreed upon. Credit
card accounts are subject to login deactivation upon the card declining for
charges within 48 hours of email notification. Any account not brought current
within a week (7 days) of e-mail notice or exceeding this time frame in any way
is subject to complete account deactivation. The customer is responsible for
all money owed on the account from the time it was established to the time that
the customer notifies Mainstown Solutions at www.mainstown.com to request
for termination of services. All payment is in U.S. currency. Mainstown
Solutions will bill each client $50.00 per returned check, per wire transfer
received and per credit card chargeback received. All Mainstown Solutions
accounts are setup on anniversary billing cycles. Your particular billing cycle
corresponds to the contract length that was initially chosen at setup. Your
account will automatically renew at this length. There is no fee to change to a
shorter billing cycle at the end of the current cycle. However, if you wish to
change to a shorter billing cycle, during a current cycle, there will be a
$50.00 fee. Please contact the billing department at msbilling@mainstown.com
should you wish to change your anniversary billing cycle. Any account that is
not brought current prior to deactivation will be charged a $25.00 reactivation
fee as well as a $15.00 late charge, per domain deactivated. In addition, if
your credit card declines for any reason Mainstown Solutions will charge your
account an additional $1.00 service charge every time your card is declined.
Mainstown Solutions may impose a debt service charge equal to one and one-half
percent (1.5%) of the overdue balance (or such lesser amount as may be required
by law) for each month or fraction thereof the overdue amount remains unpaid.
All taxes, fees and governmental charges relating to the Services provided
hereunder (other than income taxes of Mainstown Solutions) shall be paid by
Customer. Mainstown Solutions accepts paper checks from customers for payment
of web hosting services and fees associated with your account. However, there
will be a $5.00/month processing fee for each customer paying by check.
Additionally, if you decide to switch your payment method of billing cycle you
will be charged a $10 processing fee for that change.
Cancellation
Mainstown Solutions reserves the right to cancel service at any time. All fees
paid in advance of cancellation will be pro-rated and paid by Mainstown
Solutions if Mainstown Solutions institutes its right of cancellation. Any
violation of policies which results in extra costs will be billed to the
customer (i.e. transfer, space etc.)
All of Mainstown Solutions’ web hosting plans are backed by a 30 day money back
guarantee. If you are not completely satisfied with our services or support
within the first 30 days of your contract, you will be given a full refund of
the contract amount excluding setup fees, domain registration fees,
add-on/upgrade fees and overages. Setup fees are refundable only if the account
order is canceled prior to account activation. For web hosting contracts,
dedicated servers and colocation packages, the full contract amount less any
setup fees and overages will be refunded if Mainstown Solutions is notified
within the first 30 days following activation. No refund is available after the
30th day. This policy does not apply to any additional services such as
overages, referrer logs, real audio/video, additional disk space, additional
pop accounts, etc. Cancellations via email requests will not constitute acceptance of any
cancellation. Refunds will be made by company check or issued back to your
credit card within 30 days of receipt of cancellation. To receive your refund,
you must terminate this Agreement in the manner described in above and cease
using the Services. Cancellations are processed
only from 9 a.m. - 6 p.m. CST on Monday-Friday. No cancellations are processed
on holidays or weekends.
Liability and Obligations on Cancellation
If the Agreement expires or is cancelled for any reason, Mainstown Solutions is
not liable to you because of the expiration or cancellation for compensation,
reimbursement or damages on account of the loss of prospective profits,
anticipated sales, goodwill or on account of expenditures, investments, leases
or commitments in connection with your business, or for any other reason
whatsoever flowing from the termination or expiration. If you terminate this
Agreement, Mainstown Solutions will not relieve you of any obligations to pay
fees and costs accrued before the termination date or any other amounts you owe
to Mainstown Solutions under this Agreement.
IP Address Overlap
Mainstown Solutions administers the network on which customer servers reside.
The customer cannot use IP addresses which were not assigned to them by
Mainstown Solutions staff. Any server found using IPs which were not officially
assigned will be suspended from network access until such time as the IP
addresses overlap can be corrected.
Material and Product Requirements
You must ensure that all material and data placed on Mainstown Solutions’
equipment is in a condition that is "server-ready," which is in a
form requiring no additional manipulation by Mainstown Solutions. Mainstown
Solutions will make no effort to validate any of this information for content,
correctness or usability. If your material is not "server-ready",
Mainstown Solutions may reject this material. Mainstown Solutions will notify
you of its refusal of the material and afford you the opportunity to modify the
material to satisfy Mainstown Solutions’ requirements. Use of the Services
requires a certain level of knowledge in the use of Internet languages,
protocols and software. This level of knowledge varies depending on the
anticipated use and desired content of your Web site. You must have the necessary
knowledge to create and maintain a Web site. Mainstown Solutions does not
provide this knowledge or customer support outside of the Services.
Intellectual Property Rights
Material accessible to you through Mainstown Solutions’ services may be subject
to protection under the United States or other copyright laws, or laws
protecting trademarks, trade secrets or proprietary information. Except when
expressly permitted by the owner of such rights, you must not use Mainstown
Solutions or its servers and network in a manner that would infringe, violate,
dilute or misappropriate any such rights, with respect to any material, which
you access or receive through the Mainstown Solutions network. If you use a
domain name in connection with Mainstown Solutions or similar service, you must
not use that domain name in violation of any trademark, service mark, or
similar rights of any third party.
Network Security
Customers may not use the Mainstown Solutions network with an 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 the
customer, logging into a server or account the customer is not expressly
authorized to access, password cracking, probing the security of other networks
in search of weakness, or violation of any other organization's security
policy. Customers may not attempt to interfere or deny service to any user,
host, or network. This includes, but is not limited to, flooding, mail bombing,
or other deliberate attempts to overload or crash a host or network. Mainstown
Solutions 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. Users who
violate system or network security may incur criminal or civil liability. You
are solely responsible for any security breaches affecting servers or accounts
under your control. If your server or website is responsible for or involved in
an attack on or unauthorized access into another server or system, Mainstown
Solutions will shut it down immediately. You will pay any charges resulting
from the cost to correct security breaches affecting Mainstown Solutions or any
of its other customers.
Electronic Commerce
You will be solely responsible for the development, operation and maintenance
of your online store and products and all contents and materials appearing
online or on your products, including without limitation (a) the accuracy and
appropriateness of content and materials appearing within the store or related
to your products, (b) ensuring that the content and materials appearing within
the store or related to your products do not violate or infringe upon the rights
of any third party, and (c) ensuring that the content and materials appearing
within the store or related to your products are not libelous or otherwise
illegal. You will be solely responsible for the final calculation and
application of shipping and sales tax. You will also be solely responsible for
accepting, processing, and filling any customer orders, and for handling any
customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers
and related customer information you may access as a result of conducting
electronic commerce transactions through your Web Site. You will keep all such
information confidential and will use the same degree of care and security as
you use with your confidential information.
Static / Dynamic Content Caching
You expressly (i) grant to Mainstown Solutions a license to cache the entirety
of your Web Site, including content supplied by third parties, hosted by
Mainstown Solutions under this Agreement and (ii) agree that such caching is
not an infringement of any of your intellectual property rights or any third
party's intellectual property rights.
IP Address Ownership
Mainstown Solutions shall maintain and control ownership of all IP numbers and
addresses that may be assigned to you by Mainstown Solutions and Mainstown
Solutions reserves, in its sole discretion, the right to change or remove any
and all such IP numbers and addresses.
Domain Name Registration
Customer agrees to pay Mainstown Solutions prior to the effectiveness of the
desired domain name registration, the then-current amounts set forth in the
Mainstown Solutions price schedule for the initial registration of the domain
name and, should Customer choose to renew the registration, subsequent renewals
of the registration. All fees are non-refundable, in whole or in part, even if
Customer's domain name registration is suspended, cancelled or transferred
prior to the end of Customer's then current registration term. Mainstown
Solutions reserves the right to change fees, surcharges, renewal fees or to
institute new fees at any time, for any reason, at its sole discretion.
Customer's requested domain name will not be registered unless and until we
receive actual payment of the registration fee, and have confirmed Customer's
registration in an email from Mainstown Solutions to the email address
indicated in Customer's registration application. In the event of a charge-back
by a credit card company (or similar action by another payment provider allowed
by Mainstown Solutions) in connection with the payments of the registration fee
for Customer's domain name registration, Customer agrees and acknowledges that
the domain name registration shall be transferred to Mainstown Solutions as the
paying entity for that registration to the registry and that we reserve all
rights regarding such domain name including, without limitation, the right to
make the domain name available to other parties for purchase. Mainstown
Solutions will reinstate Customer's domain name registration solely at
Mainstown Solutions’ discretion, and subject to our receipt of the initial
registration or renewal fee and our then-current reinstatement fee.
Dedicated Server 24 Hour Setup Guarantee
(a) Coverage
Mainstown Solutions’ 24 Hour Setup Guarantee will only apply to those standard,
pre-configured Dedicated Servers. This guarantee does not apply to non-standard
configurations, such as changing RAID levels, load balancing, clustering,
advanced solutions and other add-on features. Custom, made-to-order Dedicated
Servers do not apply to this offer. 24 Hour Setup Guarantee does not apply to
orders received on the Weekends or Holidays. This offer applies only to the
primary server, if the customer is electing the 2 For 1 server offer. The
secondary, or free server, will be setup within 30 days from the day the
primary server is placed online.
(b) Guarantee
For those Covered Servers described in (a) above, Mainstown Solutions will
Provision such servers within 24 hours of receiving a customer order, once such
customer order has been confirmed and any necessary credit checks have been
performed. 24 Hour Setup will mean that, for those customer orders for Covered
Servers received and confirmed (including any necessary credit checks) by 6:00
p.m. United States Central Time during a Weekday, the Covered Server will be
Provisioned by 12:00 a.m. (midnight) United States Central Time the following
Day. Weekday will mean Monday through Friday, excluding the following holidays:
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
Day after Thanksgiving, and Christmas Day. Provision will mean that Mainstown
Solutions has generated an E-mail to the customer with the proper information
to enable the customer to send and receive information from and to the Covered
Server.
(c) Credit
If Mainstown Solutions is unable to meet the 24 Hour Guarantee as described in
section titled "Dedicated Server 24 Hour Setup Guarantee", Mainstown
Solutions will issue a credit or refund of One Hundred Dollars ($100.00) of the
Set-up fee described for the Covered Server. Such credit may be applied to
future months service fees in Mainstown Solutions’ discretion.
(d) Restrictions
Credits will not be provided to you in the event that you do not have your
Covered Server Provisioned by the Next Weekday resulting from (i) your behavior
or the performance or failure of your equipment, facilities or applications, or
(ii) circumstances beyond Mainstown Solutions’ reasonable control, including,
without limitation, acts of any governmental body, war, insurrection, sabotage,
embargo, fire, flood, strike or other labor disturbance, interruption of or
delay in transportation, unavailability of interruption or delay in
telecommunications or third party services (including DNS propagation), failure
of third party software or hardware or inability to obtain raw materials,
supplies, or power used in or equipment needed for provision of your Web site.
Copyright Infringement
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications
of claimed copyright infringement on the Mainstown Solutions system or Web site
should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING Mainstown Solutions THAT YOUR
COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT
ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES.
THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US,
BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS
A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO
CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS
FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO
THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT
CONTACT.
Written notification must be submitted to the following Designated Agent:
Mainstown Solutions, Inc.
Legal Department
copyright@mainstown.com
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of
Claimed Infringement must include the following:
1. Physical or electronic signature of a person authorized to act on behalf of
the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed or a
representative list if multiple works are involved.
3. Identification of the material that is claimed to be infringing that should
be removed or access to disabled and information reasonably sufficient to
enable the online service provider to locate the material (usually a URL to the
relevant page).
4. Information reasonably sufficient to allow the online service provider to
contact the complaining party (address, phone number, e-mail address).
5. Statement that the complaining party has "a good faith belief that use
of the material in the manner complained of is not authorized by the copyright
owner, its agent or the law."
6. Statement that the information in the notice is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the
copyright owner.
Lawful Purpose
Mainstown Solutions reserves the right to refuse service to anyone. Customers
may only use Mainstown Solutions server for lawful purpose. Transmission of any
material in violation of any Federal, State or Local regulation is prohibited.
This includes, but is not limited to copyrighted material, material legally
judged to be threatening or obscene, and material protected by trade secrets.
The designation of any materials as such described above is left entirely to
the discretion of Mainstown Solutions management. Regardless of the place of
signing this agreement, the client agrees that for purposes of venue and
jurisdiction this contract was entered into and performed in Tarrant County,
Texas, and any dispute will be litigated or arbitrated in Tarrant County,
Texas. Customer further waives all objections to venue or jurisdiction and
acknowledges that venue and jurisdiction in any such litigation will be held in
Tarrant County Courts. IN NO EVENT SHALL Mainstown
Solutions' MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND,
INDEMNIFY, SAVE AND HOLD Mainstown Solutions HARMLESS FROM ANY AND ALL DEMANDS,
LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES
ASSERTED AGAINST Mainstown Solutions, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND
EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR
AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES
OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Mainstown
Solutions AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR
PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION
WITH Mainstown Solutions'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER
INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY;
( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER
FROM Mainstown Solutions'S SERVER.
Disclaimer
Mainstown Solutions WILL NOT BE
RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Mainstown Solutions MAKES
NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE.
Mainstown Solutions DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS,
NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY
Mainstown Solutions AND ITS EMPLOYEES. Mainstown Solutions RESERVES THE RIGHT
TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF Mainstown Solutions
MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE
ACCOUNT DEACTIVATION.
|
|
