MouseBytes
ABUSE
OF THE LEGAL RIGHTS OF OTHERS:
Examples of unacceptable activities in this regard include posting private
information about a person without their consent, infringing intellectual
property rights, defaming a person or business, and knowingly making
available code which will have a deleterious effect on third party
computers. MouseBytes supports free speech on the Internet, and will
not suspend or cancel a customer’s account simply because it disagrees
with the views expressed by the customer. Where there are allegations that
a customer’s on-line activity has violated the legal rights of a third
party, MouseBytes will not substitute itself for a court of law in
deciding tort claims raised by the third party.
ABUSE OF THE LAW:
MouseBytes services may be used for lawful purposes only. Illegal use
includes but is not limited to: drug dealing; attempting without
authorization to access a computer system; pirating (distributing
copyrighted material in violation of copyright law, specifically MP3s,
MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud;
trafficking in obscene material; sending a message or having content that
is obscene, lewd, lascivious, filthy, or indecent with intent to annoy,
abuse, threaten, or harass another person; threatening bodily harm or
damage to individuals or groups; violating U.S. export restrictions;
stalking; or violating other state or federal law such as the Electronic
Communications Privacy Act, the Computer Fraud and Abuse Act, or the
Economic Espionage Act. Linking to illegal material is also prohibited. MouseBytes
reserves the right to check system files, email, and other data on our
servers for illegal content and materials, or for any other reasons deemed
necessary.
PORNOGRAPHY:
Pornography and sex-related merchandising, or links to such material, even
if legal, is not an acceptable use of MouseBytes servers.
ABUSE OF SERVER RESOURCES:
Running programs in the background on a MouseBytes server without prior
written authorization, or running chat rooms, Internet Relay Chat, IRC
bots, and the like are not acceptable uses of MouseBytes servers.
Further, any usage of twenty percent (20%) or more of our system resources
is an undue burden on our system and is unacceptable. If your usage ever
exceeds twenty percent (20%) of system resources, you will be contacted
and asked to eliminate the problem.
HACKING/CRACKING:
MouseBytes reserves the right to report illegal activities to any and
all regulatory, administrative, and/or governmental authorities for
prosecution.
OTHER BEHAVIOR:
The following examples of unacceptable behavior are non-exclusive, and are
provided for guidance purposes. If you are unsure if your actions will be
a violation of our policies please ask by sending us email to abuse@MouseBytes.com
Server broadcast messages or any message sent on an intrusive basis to any
directly or indirectly attached network; Attempt to circumvent any user
authentication or security of host, network, or account; Accessing data
not intended for user; Probing the security of any network; Spawning
dozens of processes; Port scans, ping floods, packet spoofing, forging
router information, Denial of Service attacks, sniffers, flooding,
spoofing, ping bombing, smurfs, winnuke, land, teardrop; Promulgation of
viruses; IRC bots such as eggdrop or BitchX; Any activity, whether or not
the intrusion results in the corruption or loss of data, will be
investigated and proper action taken. The presence of any of these
programs, whether or not run, will result in action against the user,
including suspension or termination.
CLIENT RESPONSIBILITY:
The client is responsible for all activity originating from the account
unless proven to be a victim of outside hacking or address forgery. The
client is responsible for securing their username/password. Use of MouseBytes
service 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 the web space by
the client. The following examples are offered: Web Publishing: requires
knowledge of HTML, properly locating and linking documents, FTPing Web
contents, Graphics, text, sound, image mapping, etc. FrontPage web
publishing: knowledge of the FrontPage tools as well as Telnet and FTP
understanding and capability. CGI-Scripts: requires a knowledge of the
UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts,
permissions, etc. Mail: a use of mail clients to receive and send mail,
etc. The client agrees that he or she has the necessary knowledge to
create and maintain their web space. Client agrees that it is not the
responsibility of MouseBytes to provide this knowledge or support
outside matter specific to MouseBytes servers.
BACKUPS:
Full backups are made weekly, and backups of new/changed data made
nightly. No guarantees are made of any kind, either expressed or implied,
as to the integrity of these backups. Backups are made for server
restoration purposes only. It is the clients’ responsibility to maintain
local copies of their web content any information. If loss of data occurs
due to an error of MouseBytes, MouseBytes will attempt to recover
the data for no charge to the client. If data loss occurs due to
negligence of client in securing their account or by an action of the
client, MouseBytes will attempt to recover the data from the most
recent archive for a $100.00 fee.
IP NUMBERS:
MouseBytes maintains control and any ownership of any and all I.P.
numbers that may be assigned to the client and reserves in its sole
discretion the right to change or remove any and all IP numbers and
addresses.
MONEY BACK GUARANTEE:
Should you become unsatisfied with our services within the first 30 days
of your account activation, MouseBytes will refund your hosting fee.
If your account has been pre-paid, and more than 30 days has passed, you
will be refunded on a pro-rated basis, based on regular monthly charges
for your account
MouseBytes
does not refund setup or domain registration fees.
PRIVACY:
MouseBytes respects the privacy of all its clients. All account
information is kept strictly confidential. NO credit card numbers
are kept on the server. A hard copy of each order is kept on file,
and any information collected is used for our purposes only. No
information is ever sold or knowingly given out to any third party.
LIMITATION OF LIABILITY:
MouseBytes shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from MouseBytes servers going off-line or being unavailable for any reason whatsoever.
Further, MouseBytes 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 MouseBytes servers.
All damages shall be limited to the immediate termination of service.
MouseBytes shall be the sole arbiter of what is and is not a violation
of these acceptable use policies. MouseBytes reserves the right to
terminate an account at any time and for any reason that causes harm to
any MouseBytes customer's web sites. MouseBytes reserves the right
to delete all content and files upon termination. MouseBytes reserves
the right to withhold any pre-paid funds for any site removed for
violations of these policies. MouseBytes reserves the right to refuse,
cancel, or suspend service at our sole discretion.
MouseBytes reserves the right to change these Policies without prior
notice or warning. Non-enforcement of any part of these Policies does not
constitute consent.
Violations of these Policies should be
referred to abuse@MouseBytes.com
All complaints
will be investigated promptly.
Placing an order confirms that you agree
and understand, and will abide by these rules and regulations.
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