—ACCEPTABLE USE POLICY AND TERMS OF SERVICE AGREEMENT—

This is the Acceptable Use Policy and Terms of Service Agreement for Menager Computer Services

Privacy for our customers is extremely important to us. We take your privacy seriously and we do not share your personal information except as otherwise stated in our Privacy Policy.

Acceptance of our Acceptable Use Policy and Terms of Service Agreement is mandatory for every person or organization signing up for or using our services. Please make sure you read everything. The following rules apply to sites you host with Menager Computer Services and for all services supplied by Menager Computer Services to you.

Acceptable Use Policy

INTRODUCTION
During the term of its agreement with Menager Computer Services, the customer must ensure that the use of any resource offered to the customer or owned or controlled by Menager Computer Services (“Service”) conforms with Menager Computer Services’s then current Acceptable Use Policy (“AUP”). Menager Computer Services may modify, without prior notice, the AUP as Menager Computer Services deems appropriate; such modified AUP is effective upon posting on Menager Computer Services’s website.

RESPONSIBILITY
You are responsible for your sites and all sites that you host to be in accordance with all rules on this page. Misuse by you may result in actions on your account, including removal from the host without a refund.

Inappropriate Use
The Service must not be used to publish, post, distribute or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, or fraudulent information and materials, or proprietary, copyrighted, or otherwise intellectually protected information and materials for which Customer does not have authorization or authority to possess or distribute. The Service must not be used to request unlawful services or materials. The Service must not be used for activities Menager Computer Services deems to impact its customers or its ability to deliver services to its customers. Such activities may include, but are not limited to:

Obscene Speech or Materials
The distribution of child pornography or any obscene, abusive, defamatory or threatening speech or material. You may not host any site containing adult oriented content, including nudity of any kind. Portal sites linking directly to adult oriented content are also not acceptable.

Intellectual Property Infringement
Any activity infringing on the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents.

SPAMMING
Sending unsolicited commercial bulk email (“UCE”), news postings or chain letters; advertising transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate sending UCE; use of web pages that allow “spam”ing (known as “ghost sites”) that directly or indirectly refers to domains or IP addresses hosted by Menager Computer Services. Menager Computer Services reserves the right to determine in its sole discretion what constitutes UCE based on the information available. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Customers may only send email to recipients who have joined mailing lists directly from their site.

Maintaining an Open Email Relay
Allowing email to be sent through Customer’s system by a third party (i.e. neither to nor from Customer or Customer’s accounts).

Fraud
Using a false identity; using pyramid/ponzi scheme; storage or transmission of any intentionally incorrect data or packet.

Virus, Worm, or Trojan horse program distribution
The deliberate transmission of computer viruses, worms or trojan software.

Denial of Service
Using any technique to intentionally degrade or disable the delivery of any legitimate data.

Glutting of servers
Oversized storage of any files that would be unreasonably large (ie. making a zip file filled with text files just to pad the size). Again, your webspace is not for data back up. It is only for hosting real sites.

Unauthorized Access
Attempting to gain unauthorized entry to any site or network, or any network or host scanning, probing, monitoring or other information gathering associated with such activity; using the Service to guess passwords.

Applications
Customer may not run any program or script on the server that runs constantly or ‘listens’ on ports unless provided in the control panel. This includes applications associated with chat services.

Public Forums
Inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and any other public forum on, or using, the Service.

Customer Responsibilities

Bulk Email
Customers sending bulk email must provide recipients with an easy and effective mechanism for removal from bulk email list. Customer must include the source of the addressee’s address in each bulk email message.

CPU USAGE
Sites may not use extreme unwarranted CPU usage. This includes usage of “heavy” scripts or Flash/shockwave files. By heavy we mean oversized without cause, to the point where most users would be unable to view them in a reasonable amount of time. No single site may consume 25% of CPU usage for a sustained period of time.

SERVICE RESALE
Customer may not resell the Service or any portion of the Service unless under a Reseller plan.

Password Protection
Customer is responsible for protecting passwords and for any authorized or unauthorized use.

MUSIC FILES
Customer may only show or play on his site music and video files for which he has permission to display and which are necessary for the operation of his website. Customers may not operate music or video download sites or use video or music files in any illegal manner.

CONTENT PROTECTION
Customer agrees to provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material that Customer publishes via any Service.

CONTENT OWNERSHIP
Customer is responsible for all content or information residing on, or obtained, or transmitted via, the Service, regardless of whether such use is by Customer.

FILE REPOSITORY/DUMP SITE
Customer may not use disk space as a file repository, or dump site. This includes but is not limited too; warez, serialz, sound files, applications, zip files. This includes using the space in order to store content used on other sites (remote linking) . Examples of this would be using the web space to store images for auction descriptions, flash or any other files used on another site but stored on our server. The storage provided to you is purely for files necessary for the operation of your website.

FREE EMAIL/HOSTING SITES
We do not permit the free giving of POP email accounts or the issuing of free hosting. This includes near free (1 penny per year for instance).

FACILITATING AUP VIOLATION
Customer activity that facilitates the violation of this AUP by any party constitutes a violation of this AUP by Customer.

AUP Enforcement
Violation of the AUP may subject Customer to international, federal, and/or state civil and/or criminal liability. Menager Computer Services reserves the right in its sole discretion and without prior notice to suspend and/or terminate Customer’s access to the Service at any time for violating this AUP. Menager Computer Services also reserves the right to suspend, filter or block, and/or terminate Customer’s access if Customer’s account is being used to exploit or attack the Service or the networks of others. If Customer’s account has been compromised and attempts to reach Customer and/or to have Customer repair a breach of security fail, Menager Computer Services reserves the right to suspend or terminate Customer’s service. If Customer’s access is suspended or terminated, Menager Computer Services, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Customer’s data stored on Service. Menager Computer Services will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

VIOLATION OF TERMS
Breaking any of these aforementioned rules may result in immediate account suspension without refund, as well as criminal prosecution where deemed necessary.

TERMINATION
These Terms of Use (service) agreements are effective until terminated by Menager Computer Services. The Menager Computer Services refund policy. Menager Computer Services will, at its discretion, replace or repair any defective product within 30 days from the date of purchase. If Menager Computer Services fails to repair or replace your service or product within 30 days, you may be granted a refund but it is important to note that customers that registered a new domain name by taking advantage of our free Top level domains (.com, .net, .org, .biz, etc.) offer will have the cost of the domain name registration deducted from the refund amount, after 30 days all sales are final. This means there are NO refunds given unless we fail to deliver hosting or domain services. This agreement will terminate immediately without notice at Menager Computer Services’s sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other Menager Computer Services site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

AUTOMATIC RENEWAL
When you sign up, your Menager Computer Services account will be enabled with auto renewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed. When it is time for renewal, the credit card you have on file with us will also be charged. If you wish to not have this happen, and you would not like to renew your account, you must cancel 14 days prior to your renewal date. If you have any questions as to when your renewal date is, simply login to your Menager Computer Services account and contact us. If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term, so please be sure to fill out the cancellation form if you do not want to renew. Your account renew dates are always listed in your Menager Computer Services client area.

Non-Payment: All payments are due in full on the billing anniversary date. Failure to remit payment for your hosting account on the billing anniversary date is a violation of the TOS. A late fee will be incurred for failure to remit payment for your account on or before the billing anniversary date. Failure to remit payment for seven (7) consecutive days, including the anniversary date, shall result to suspension of your account. Failure to remit payment for services within thirty (30) consecutive days, including the anniversary date, shall result in termination of your account. All Customer data remaining after thirty (30) days of non-payment will be destroyed for security and privacy reasons.