|
In General
This agreement is for our Web
Hosting Services. If you are a dial up customer and wish to view the agreement
for our Dial Up Services please click here.
Masscot Internet, Inc. wishes to provide our customers with a positive web
hosting experience. To accomplish this, all customers need to follow the same
rules and guidelines. These policies are intended to maintain Masscot
Internet's high quality level of services and make them available to all our
customers on a fair, consistent and efficient basis.
By accepting web hosting
services from Masscot Internet, you acknowledge your acceptance to be bound by
these terms and conditions. If you do not agree to these terms and conditions,
please follow the steps described in Cancellation of Service below.
Web Site Content
Our web sites may be used for
lawful purposes only. While using Masscot Internet's Services, you may have
access to services that allow you to send or post materials ("content") and
make that content available to others. You must not submit, publish, or display
on our Network any defamatory, illegal, inaccurate, abusive, obscene,
infringing, or threatening content. In addition, you may not submit, publish,
or display any content in violation of any US laws, Federal, state or local.
You are solely responsible for the content you make accessible while using
Masscot Internet's servers and networks. You may not use the service to assist
any other person or entity to violate any Federal, State, or Local laws,
ordinances, or regulations.
Masscot Internet is not
obligated to monitor the network for the purpose of examining customer's
content. You hereby acknowledge that if we are made aware of content that is
determined to be, in Masscot's sole discretion, unacceptable, undesirable,
offensive, indecent, obscene, excessively violent or otherwise objectionable,
Masscot Internet has the right, but not the obligation, to edit, remove or deny
access to such content. Masscot Internet may disclose any content or records
concerning customer's account as required to satisfy any legal requirement,
regulation, government request or court order.
Pornography and
sex-related merchandising are expressly prohibited on Masscot Internet servers.
This includes implying sexual content, display of nudity, or any link to adult
content anywhere else. This is also true for sites that promote illegal
activity of any type or content that may be damaging to Masscot Internet's
servers or any other servers on the Internet. Links to such materials are also
prohibited. In addition, the sale of or promoting bulk email services are not
allowed. Non-acceptable content or links include but are not necessarily be
limited to:
- Adult Content Sites -
Any erotic or pornographic material, links to adult sites, or advertisements
for adult sites.
- Pirated Software Sites
(Warez) - Any software that is copyrighted and not freely available for
distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files
(MP3).
- Copyright Violations -
Violation of copyrights held by individuals and corporations or other entities
can result in civil and criminal liability for the infringer.
- Hacking/Phreaking -
Includes sites with material, links, or resources for hacking, phreaking,
viruses, anarchy, or any type of site that promotes or participates in willful
harm to Internet sites or providers.
System Security
Customers may not use the
Masscot Internet Networks to attempt in any way to circumvent user
authentication or security of any host, network, or account. This includes, but
is not limited to, accessing any data not intended for the customer, logging
into any 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. Masscot Internet
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.
Use of CGI Scripts
Masscot Internet accounts
come equipped with a pre-configured CGI-Bin. Customers are free to use any
CGI-scripts provided with their account or add any additional ones they
require. If any CGI-scripts are deemed to be adversely affecting the server
performance or the network integrity, they may be shut down without prior
notice. CGI-script sharing with domains not hosted by Masscot Internet is not
allowed.
Chat Rooms & Conferencing
Masscot Internet
prohibits its customers from installing outside chat rooms on their domain,
without the express written permission of Masscot Internet as these tend to be
a resource problem. Masscot Internet does have Java chat rooms and Conference
Centers available for a monthly charge. These were designed to meet the growing
needs of customers and function without hindering the performance of the web
site servers for others.
Internet Relay Chat
Masscot Internet currently
prohibits its customers from operating IRC or IRC Bots on any of our web site
hosting servers. On-line Conference Centers hosted on a separate servers are
available for a monthly fee that include IRC compatible chat
rooms.
Excessive Resource Usage
Any web site that
uses an excessively high amount of server resources including but not limited
to CPU time, memory, and network bandwidth will be given an option of either
upgrading their service level or reducing the resource used to an acceptable
level.
Programs Running in Background
Background
programs are prohibited unless prior approval is received from Masscot
Internet. Masscot Internet will consider requests on a one for one basis.
approved, extra charges will be assessed based on resource requirements or
system maintenance.
Spamming Not Permitted
You must not use any
Masscot Internet Network, Masscot Internet's equipment or any Masscot Internet
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 shall include the sending of unsolicited mass mailings from any
other service that in any way implicates the use of the Masscot Internet
Network, Masscot Internet equipment or any Masscot Internet email address. A
message is considered to be 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. Simply making one's email address accessible to the public
will not constitute a request or invitation to receive messages, for purposes
of enforcing this provision.
When any customer is found
to have been engaged in spamming in violation of this agreement, Masscot
Internet reserves the right to disable that customer's web site without
warning. In addition, Masscot Internet may impose a $200 penalty for each spam
policy violation. Masscot Internet solely reserves the right to refuse or
cancel service to spammers. Masscot Internet reserves the right to determine
what violates this policy. As such, any violation may result in cancellation of
services without refund. Such cancellation of services for cause, specifically
the reasons provided herein, shall automatically void Masscot's 30 Money Back
guarantee.
Obscenity
Violation of indecency and/or
obscenity laws is not permitted on Masscot Internet's networks and can result
in criminal penalties.
Copyrights and Infringement
Material available
to you when using Masscot Internet's services may be subject to protection
under the United States or other copyright laws, or laws protecting trademarks,
trade secrets and/or proprietary information. Except when expressly permitted
by the owner of such copyrights, you must not use the Masscot Internet Service
in a manner that would infringe, violate, dilute or misappropriate any such
rights, with respect to any material, that you access or receive through the
Masscot Internet Network. If you use a domain name in connection with the
Masscot Internet 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.
Defamation Prohibited
Defamatory speech
distributed over the Internet can result in civil liability for the defamer.
Refusal of Service
Masscot Internet, Inc.
reserves the right at its sole discretion to refuse or cancel service.
Violation of any of Masscot Internet's Rules and Regulations could result in a
warning, suspension, or possible account termination. Accounts terminated due
to policy violations will not be refunded including during the 30 Day money
back guarantee period.
Cancellation of Service
To cancel services,
you must email orders@masscothosting.com from an email address furnished by you
when ordering your site. Optionally, fax the notice to 1-888-884-9960. Include
your domain name (s) email address, and password for the web site you want to
cancel.
We cannot accept
cancellation requests over the phone.
Masscot to be Held Harmless
Customer agrees
that it will protect, indemnify, save and hold Masscot Internet, Inc., a
Massachusetts Corporation, harmless from any and all stipulations, liabilities,
losses, expenses and claims, as well as reasonable attorney's fees assessed
against Masscot Internet, Inc., its agents, customers, officers, employees and
administration that may arise or result from any service provided or performed
or agreed to be performed or any product sold by it's customers, agents,
employees or assigns. Customer agrees to defend, indemnify and hold Masscot
Internet, Inc. harmless against liabilities arising out of;
1. any injury to
person or property caused by any products sold or distributed in association
with Masscot Internet, Inc's Services;
2. any material
furnished by customer infringing or allegedly infringing on the proprietary
rights of a third party;
3. copyright
violation and any defective products sold to a customer from Masscot Internet
Inc's Services.
Disclaimer
Masscot Internet Inc. will not be
responsible for any damages your business may suffer. Masscot Internet Inc.
makes no warranties of any kind, expressed or implied for services we provide.
Masscot Internet Inc. disclaims any warranty or merchantability or fitness for
a particular purpose. This includes data loss resulting from delays,
non-deliveries, wrong delivery, and any and all service interruptions of any
kind caused by Masscot Internet Inc. and its employees. Masscot Internet Inc.
reserves the right to amend or update these policies without notice. Failure to
follow any terms and conditions may result in account deactivation.
Masscot Internet
furthermore expects that its customers who resell our Internet services to
others will fully comply with all applicable laws concerning the privacy of
on-line communications. A customer's failure to comply with those laws will
violate this policy. Finally, Masscot Internet wishes to emphasize that in
accepting services, customers indemnify Masscot Internet for the violation of
any law or Masscot Internet policy, that results in loss to Masscot Internet or
the bringing of any claim against Masscot Internet. This means that if Masscot
Internet is sued because of activities of the customer that violate any law, or
this policy, the customer will pay any damages awarded against Masscot
Internet, plus costs and reasonable attorneys' fees.
Should any portion of this
Terms of Use Agreement be found to be in violation of any law in any locality,
then this agreement shall be deemed to be modified only to the extent necessary
to be considered legal and enforcable in such locality only. |
