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TERMS OF USE - CURRENT POLICIES |
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MaximaHosting.COM WILL NEVER REQUIRE CLIENTS TO ADVERTISE
FOR MaximaHosting.COM ON THEIR WEBSITE IN ANY WAY, SHAPE OR FORM. CLIENTS
ARE ALLOWED TO USE THEIR HOSTING SPACE TO PLACE BUSINESS/COMMERCIAL
OR PERSONAL WEBSITES OR HAVE SUCH CONTENT. |
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CONTENT |
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All services provided by MaximaHosting.com may be used
for lawful purposes only. Transmission, storage, or presentation of
any information, data or material in violation of any United States
Federal, State or City law is prohibited. This includes, but is not
limited to: copyrighted material, material that is threatening or
obscene, material that is "adult only" content, or material
protected by trade secrets and other statue. The subscriber agrees
to indemnify and safeguard MaximaHosting.com against any claims that
might occur as a result of such use of the service, that is damaging
to the subscriber himself or to third parties.
Note: Pornography and sex-related
merchandising are prohibited on any server. This includes sexual
content or direct links to adult content elsewhere. This is also
true for sites that promote any illegal activity or content that
may be damaging to our servers or any other server on the internet.
Links to such materials are also prohibited. MaximaHosting.com will
be the sole arbiter as to what constitutes a violation of this provision.
Examples of non-acceptable content or links:
Pirated software or MP3 files
Hackers' programs or archives
Warez Sites
Porn
Spamming Software
MaximaHosting.com will be the sole arbiter as to what constitutes
a violation of this provision. |
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TRAFFIC GUIDELINES |
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Due to the unique resource characteristics and traffic patterns
associated with certain types of sites, the following are limited
to 5 gigs (on average, close to a 100,000 hits per month) of free
traffic/bandwidth per month:
Sub hosting - any domain housing additional users
Shareware, sound, video, image and multimedia archives
Mirror sites
Distribution points
Any site whose primary purpose is file distribution
All sites with files other than plain text webpages
Sites that go over the allowed free traffic will be charged $5
per gig. Sites must pre-pay this fee, and site is subject to suspension
if bandwidth is unpaid for.
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CHAT ROOMS |
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We do not allow you to link to or use IRC or IRC bots such as eggdrop,
and BitchX on our servers.
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BACKGROUND RUNNING PROGRAMS |
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As a general rule we do not allow 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.
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IRC |
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We currently do not allow you to link to or use IRC or IRC bots
such as eggdrop, and BitchX on our servers.
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DISTRIBUTION AND/OR TRANSMISSION |
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Violation of indecency and obscenity laws can result in criminal
penalties.
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INTELLECTUAL PROPERTY RIGHTS |
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Material accessible to you through MaximaHosting.com's 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 the MaximaHosting.com Service 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 MaximaHosting.com Network. If you use a domain name
in connection with the MaximaHosting.com Service or similar service,
you must not use that domain name in violation of any trademark,
service mark, or similar rights of any third party.
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NETWORK SECURITY |
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Customers may not use the MaximaHosting.com 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. MaximaHosting.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. Users who violate system or network
security may incur criminal or civil liability.
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DEFAMATION |
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Defamatory speech distributed over the Internet can result in civil
liability for the defamer.
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REFUSAL OF SERVICE |
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MaximaHosting.com reserves the right at its sole discretion to refuse
or cancel service. Violation of any of MaximaHosting.com's Rules and Regulations
could result in a warning, suspension, or possible account termination.
Accounts terminated due to policy violations will not be refunded.
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SPAM OR UNSOLICITED E-MAIL |
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You must not use the MaximaHosting.com Network, MaximaHosting.com equipment
or any MaximaHosting.com email address in connection with the transmission
of spam, flames, mail bombs, or substantially similar, unsolicited
email messages. Your domain may not be referenced as originator,
intermediary, or reply-to address in any of the above. This prohibition
extends to the sending of unsolicited mass mailings from another
service that in any way implicates the use of the MaximaHosting.com Network,
MaximaHosting.com equipment or any MaximaHosting.com email address. A message
is considered unsolicited if it is posted in violation of a newsgroup
charter or if it is sent to a recipient who has not requested or
invited the message. For purposes of this provision, merely making
one's email address accessible to the public will not constitute
a request or invitation to receive messages.
If you are found to have spammed, without warning, MaximaHosting.com
reserves the right to disable your domain. MaximaHosting.com solely reserves
the right to refuse or cancel service to known spammers. Lastly,
MaximaHosting.com reserves the right to determine what violates this policy.
As such, any violation may result in cancellation of services without
refund.
As such, any violation will result in immediate deactivation of
services without refund.
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ABUSE |
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Any attempts to undermine, slander, libel, threaten, or cause harm
to a MaximaHosting.com server, customer, employee, or the company directly
is strictly prohibited and is grounds for immediate termination
without refund. In addition, we will pursue all attempts to the
fullest extent of the law.
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INDEMNIFICATION |
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Customer agrees that it shall defend, indemnify, save and hold
MaximaHosting harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney's fees asserted
against MaximaHosting, its agents, its customers, officers and employees,
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 MaximaHosting against liabilities arising out of;
(1) any injury to person or property caused by any products sold
or otherwise distributed in connection with MaximaHosting server; (2)
any material supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party and (3) copyright infringement.
Customer agrees to limit the liability of MaximaHosting.com to the
amount paid for service.
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DISCLAMER |
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MaximaHosting will not be responsible for any damages your business
may suffer. MaximaHosting makes no warranties of any kind, expressed
or implied for services we provide. MaximaHosting 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 MaximaHosting and its
employees. MaximaHosting reserves the right to amend or update these
policies without notice. Failure to follow any terms and conditions
may result in account deactivation.
MaximaHostin furthermore expects that its customers who provide Internet
services to others will fully comply with all applicable laws concerning
the privacy of online communications. A customer's failure to comply
with those laws will violate this policy. Finally, MaximaHosting wishes
to emphasize that in accepting services, customers indemnify MaximaHosting
for the violation of any law or MaximaHosting policy, that results
in loss to MaximaHosting or the bringing of any claim against MaximaHosting.
This means that if MaximaHosting is sued because of activities of the
customer that violate any law, or this policy, the customer will
pay any damages awarded against MaximaHosting, plus costs and reasonable
attorneys' fees.
If any terms or conditions are failed to be followed it will result
in grounds for immediate account deactivation.
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