|
These Terms of
Service constitute an aggreement between Mill City Solutions
(MCS) and the Customer/Reseller (individual account holder(s))
The Terms
of Service have been formulated and implemented with the following
goals in mind:
- To ensure
security, reliability, and privacy on MCS servers, systems,
and networks and on the networks and systems of others.
- To avoid
situations that may cause MCS to incur civil liability.
- To maintain
the image and reputation of MCS as a responsible organization.
- To encourage
the responsible use of net resources, discouraging practices
which degrade the usability of network resources and thus
the value of Internet services.
- To preserve
the privacy and security of the individual users.
The Terms of
Service outline and define actions and uses which are considered
to be abusive and are therefore strictly prohibited. If you
are unsure whether or not a specific action you are considering
is in violation of the Terms of Service please contact us
at [email protected]
and we will assist you.:
1. Security
1a. Customers
may not use MCS servers, network, or services as means or
origination point as to attempt to circumvent or "break"
user authentication or security of any host, network, or
account, on MCS servers or any other network. 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.
1b. Customers
may not attempt to interfere or deny service to any user,
host, or network. This includes, but is not limited to,
flooding, mailbombing, or other deliberate attempts to overload
or crash a host network.
1c. If your
a account is the initiator or target of a denial of service
attack that adversely affects ours or somebody else's network,
your account may be terminated without warning and you will
be held responsible for any charges that may result from
this action.
1d. Activites
that attract denial of service attacks are expressly prohibited.
Customers involved in these activities will be terminated
as soon as we are aware of them. These activities include,
but are not limited to: resale of or granting access to
shell accounts and involvement with IRC of any kind. This
prohibition is for the protection of our other customers
as a whole as these kind of activities then to attract attacks
that have the potential to degrade or cause a failure of
service for all of our customers.
1e. MCS 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 crimes. Users who violate systems or network security
may incur criminal and/or civil liablity. MCS reserves the
right to charge the Customer up to $500 per complaint lodged
against them to investigate.
2. Spamming/Email
Policy
2a. MCS has
a zero tolerance policy for spam (buld unsolicited e-mail).
Sending bulk/spam e-mail or news postings from MCS servers
or networks, or sending such e-mail or news postings with
a Mill City Solutions hosted web site listed as the contact
address, is grounds for immediate termination of the account.
Mill City Solutions also reserves the right to terminate
accounts advertising or distributing software or services
that may contribute to news or e-mail spamming.
2b. The Customer
may not offer, give, or sell e-mail services using the provided
Mill City Solutions e-mail servers to persons or entities
outside of the account holders own organization or entity.
For example, e-mail services cannot be given away to the
general public by an account holder similar to Hot Mail
or Yahoo! mail services. However the Customer can use or
allocate as many e-mail accounts as the Customer hosting
package allows for persons or use within the account holders
business or organization.
3. Bandwidth
and Disk Space Charges
3a. If the
customer's bandwidth consumption exceeds their monthly allotment,
the customer will be billed for additional bandwidth used
in increments of one GB at the rate of $10/GB/month.
3b. If the
customer's disk storage space consumption exceeds their
allotment, the customer will be billed for additional disk
space used in increments of ten MB at the rate of $10/10MB/month.
3c. The Customer
will not be notified if he/she approaches or goes over their
bandwidth or disk space allotment. The Customer is responsible
for monitoring his/her useage.
3d. Bandwidth
consumption includes ALL transfers to and from the
servers related to the Customer's account. This includes,
but is not limited to; web traffic, FTP traffic, e-mail
traffic, and DNS traffic.
4. Prohibited
Content and Uses
4a. Mill City
Solutions is not responsible for the content of any web
pages hosted on it's servers, and the opinion and views
expressed in the web pages hosted on it's servers do not
necessarily reflect those of Mill City Solutions. The contents
of the web pages hosted on the Mill City Solutions servers
are not reviewed in any way before they appear on its servers.
However, pages hosted Mill City Solutions servers cannot
contain, or contain links to, any of the following: copyrighted
material not belonging to the Customer or to which the Customer
has no license; nudity, sex or pornography; foul language;
hate propaganda; mail fraud; pyramid schemes; insults to
other persons or companies; information on obtaining, constructing,
and/or use of illegal weapons, weapons of mass destruction,
or terrorist weapons; the encouragement of the use of violence,
illegal weapons, or weapons of mass destruction; and anything
illegal. This includes anything considered adult only material.
The Customer is solely responsible for the content of
any of their pages hosted on Mill City Solutions servers.
Mill City Solutions does not
host adult oriented sites!
4b. MCS services
may only be used for lawful purposes. Transmission, distribution,
or storage of any information, data, or material in violation
of United States or state regulation or law, or by common
law, is prohibited. This includes but is not limited to,
material protected by copyright, trademark, trade secret,
or any other statute. MCS reserves the right to remove such
illegal material from its servers or to suspend or terminate
the offending account.
4b. MCS reserves
the right to and does randomly inspect the content of it's
customers web sites and the content of all files, including
the Customer's files, located on our servers for compliance
with the Terms of Service and all applicable laws.
4c. Violation
of this rule may result in the immediate suspension or termination
of the Customer's account. The account may be suspended
or terminated at the sole discretion of MCS and there may
be no prior warning or notification.
4d. Mill City
Solutions will not host domains which may violate any copyright,
trademark, or any "anti-cybersquating" laws.
5. Resale
of Services
5a. The resale
of MCS products and services is not permitted, unless specifically
permitted through a reseller agreement.
6. Facilitating
a violation of these Terms of Service
6a. Software,
services, programs, activities, and advertisements that
promote, enable, or facilitate any activity that is prohibited
within these Terms of Service, including spam, denial of
service attacks, compromise of other systems or attempts
to compromise other systems are ALL considered to
be violations of these Terms of Service.
7. Payment
7a. Customer
agrees to supply appropriate payment for the services received
from MCS when they are due.
7b. Customer
agrees that all setup fees are non-refundable once the setup
has occurred and any applicable free trial periods have
expired.
7c. Customer
is aware that if he/she is paying by credit card, prepayments
will be billed and charged automatically, and that MCS may
apply the amount due to the provided credit card at any
time.
7d. Payments
by credit card will be invoiced by e-mail. A paper invoice
may be requested.
7e. If payment
is received by Wire transfer, there is an administrative
fee of $20.00 US per instance.
7f. Customer
understands and agrees that MCS shall not be responsible
for any charges or expenses that customer may incur resulting
from overdrawing customer's bank account or exceeding customer's
credit card limit as a result of an automatic or manual
charge generated by MCS pursuant to this authority.
7g. Returned
checks will incur an administrative fee of $20.00 US.
7h. Timely
payment is crucial. All accounts past due by more than 7
calendar days are subject interruption of service without
notice. With all disconnections, a $50.00 reinstatement
fee will apply to reactivate the service again. If customer's
account is in default and their account is sent to collections,
customer will be responsible for any collections fees that
may apply.
8. Contract
Length
8a. If Customer
chooses monthly billing then the contract runs month to
month renewing automatically. If Customer chooses annual
billing then the contract runs one year renewing automatically.
9. Cancellation
of accounts
8a. MCS reserves
the right to cancel service at any time. All fees paid in
advance of cancellation (excluding setup fees) will be pro-rated
and refunded by MCS to Customer if MCS initiates its right
of cancellation and Customer is NOT in violation of these
Terms of Service. If cancellation is caused by customers
and/or it's client's breach the Terms of Service, then customer
agrees that no refund is due. Customer understands that
service can ce cancelled at any time effective the end of
contract.
8b. If Customer's
account is cancelled by MCS during a free trial period because
the Customer is found to be in violation of these Terms
of Service, then the Customer agrees that the free trial
period is null and void and Customer is responsible for
any setup fees and other fees that would normally be applied
to the account had it not been cancelled and the free trail
period expired.
8c. Due to
protection concerns, all account cancellations must be done
in writing via US mail or fax. Notifications or cancellation
must include the company letterhead (if applicable), account
name/customer number, administrative contact information
with valid signature, last four numbers onthe credit card
(if applicable), and a reason for cancellation. Cancellations
must be authorized by the administrative contact. Third
party cancellations are not accepted.
10. CGI, scripts,
and other processes
10a. Mill City
Solutions allows CGI scripts and processes, however if a
particular script or process is found to be consuming an
inordinate amount of resources, that script or process may
be disabled at the discretion of Mill City Solutions.
Mill City Solutions has the sole discretion and judgment
in determining whether a script or process is consuming
an inordinate amount of resources.
11. Server
downtime
11a. In the
unlikely event of an interruption of service greater than
six hours in duration, the account holder will not be charged
for that down time.
12. Violations
of the Terms of Service
12a. Violation
of any of these Terms of Service is grounds for immediate
suspension and/or termination of an account. Mill City Solutions
has the sole discretion and judgment in determining whether
a Customer has violated these conditions.
13. Disclaimer
13a. MCS is
not responsible for any damages you or your business may
suffer.
13b. MCS does
not make implied or written warranties for any of our services.
13c. MCS denies
any warranty or merchantabillity for a specific purpose.
This includes loss of data resulting from delays, non-deliveries,
wrong deliveries, and all service interruptions caused by
MCS.
13d. The Customer
will not use its network nor space provided by MCS to violate
any law. In the event Customer violates existing law, MCS
shall have the right to terminate all services set forth
in these Terms of Service. In the event MCS is informed
of inappropriate or illegal use of MCS services or other
networks accessed through MCS, MCS may terminate customer's
service.
13e. MCS will
cooperate fully with investigations of violation of systems
or network security at any other sites.
13f. MCS will
cooperate with law enforcement authorities in the investigation
of possible criminal violations.
13g. Customers
who violate systems and/or network security, may incur criminal
or civil liability.
13h. MCS reserves
the right to amend its policies at any time. You will be
held responsible for the actions of your clients and users
in the matter described on these Terms of Service. Therefore
it is in your best interest to implement a similar or stricter
Terms of Service or otherwise called acceptable terms of
use policy.
14. Limitation
of Liability
14a.
The
account holder understands that the Internet and other various
networking communication mediums are not secure, unless
explicitly specified as such, and may be subject to interception
or loss. Mill City Solutions makes no warranties of any
kind, either express, implied, or statutory concerning the
data or information available through the Mill City Solutions
servers. IN NO EVENT WILL MILL CITY SOLUTIONS BE LIABLE
TO THE ACCOUNT HOLDER FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OR LOSSES ARISING OUT OF THE SERVICES OR ANY PRODUCTS
PROVIDED UNDER THIS AGREEMENT, EVEN IF MILL CITY SOLUTIONS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO THE ACCOUNT HOLDER.
MILL CITY SOLUTIONS,
ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES,
SHALL NOT BE LIABLE TO THE ACCOUNT HOLDER OR ANYONE ELSE
FOR ANY LOSS OR INJURY RESULTING FROM THE USE OF THE MILL
CITY SOLUTIONS SERVERS, CAUSED IN WHOLE OR IN PART FROM
THE USE OF THE MILL CITY SOLUTIONS SERVERS, CAUSED IN WHOLE
OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS
CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING,
MAINTAINING, OR DELIVERING WEB SITES. IN NO EVENT WILL MILL
CITY SOLUTIONS, ITS OWNERS, OFFICERS, DIRECTORS, AGENTS,
AND EMPLOYEES BE LIABLE TO THE ACCOUNT HOLDER OR ANYONE
ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE ACCOUNT
HOLDER I RELIANCE ON SUCH CONTENT. MILL CITY SOLUTIONS,
ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES SHALL
NOT BE LIABLE TO THE ACCOUNT HOLDER OR ANYONE ELSE FOR ANY
DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR
SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE
MILL CITY SOLUTIONS SERVERS.
15. Resellers
15a. A Customer
purchasing a "reseller" account has the rights
to resell Mill City Solutions services on their reseller
account
15b. The Reseller
has is responsible for their customers and for their customers
actions. A Resellers customer may not break any rules or
terms outlined in this terms of service. A violation of
the terms of service by either the Reseller or the Resellers
customer may result in the suspension or termination of
the Reseller's account and any accounts held under the Reseller's
account. It is therefore in the Reseller's best interest
to have a terms of service or authorized use policy at least
as stringent as Mill City Solutions' terms of service and
to monitor their customers vigorously for conformity to
the terms of service.
15c. Mill City
Solutions will maintain a certain level of anonymity for
the Reseller, however Mill City Solutions will disclose
if an individual or corporation is a Reseller for Mill City
Solutions if asked. Resellers should understand that using
readily available tools on the Internet, it is relatively
easy to determine if a web hosting company is a reseller
or not. It is suggested that Resellers not deny they are
reselling if asked as honesty is crucial to developing and
maintianing a good relationship with a customer.
15d. Unless
an aggreement to provide direct customer or technical service,
or billing services to the Reseller's customer, these services
will not be provided to the Reseller or their customers.
Resellers are responsible for providing these direct services
to their customers. Mill City Solutions will provide customer
and technical service and support to the Reseller and will
work with the Reseller to resolve any issues that may arise.
By clicking
on the following link, or by continuing to the web hosting
sign up page, or by requesting an account for web hosting
services with Mill City Solutions, the account holder agrees
to the above terms and conditions.
|
