Web Hosting Terms of Service last modified on November 25, 2011
When using the Service provided by Michael Mann Desktop Publishing, defined below in Section 1.1, you agree to be bound by all of the following terms (the “Terms of Service”) within this Agreement.
Michael Mann Desktop Publishing reserves the right to alter, amend or modify any provision of this Terms of Service Agreement at any time with or without prior notice to you.
This Agreement is effective from your acceptance thereof, which is indicated by the establishment of your account. If you are a current Michael Mann Desktop Publishing client when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.
1.1. Michael Mann Desktop Publishing provides Web site Hosting services, including, but not limited to, Diskspace for File Storage; FTP Access for uploading and downloading files to and from your assigned account.
1.2. Any means of identification assigned to you by Michael Mann Desktop Publishing (including username and IP address) will remain the property of Michael Mann Desktop Publishing. Michael Mann Desktop Publishing reserves the right to alter or replace these forms of identification at any time.
1.3. Michael Mann Desktop Publishing makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. Michael Mann Desktop Publishing reserves the right to discontinue and/or change the Service or any of its features at any time with or without notice.
2. Registration Requirements
2.1. In consideration of the Use of the Service, outlined below in Section 3, Client certifies to Michael Mann Desktop Publishing that he/she is not a minor. By accepting this Agreement, you represent that you are at least 18 years of age.
2.2. You agree to provide Michael Mann Desktop Publishing with accurate, complete and up-to-date billing information, including your legal name, electronic mail (e-mail) address, home/business address, and telephone number. All changes to this information must be reported to Michael Mann Desktop Publishing within 30 days of the change.
2.3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you close the account as specified in Section 11. If any information provided by you is inaccurate, not current or incomplete, Michael Mann Desktop Publishing retains the right to suspend or terminate your account.
3. Use of the Service
3.1. You, and those you authorize, are the only individuals who are authorized to access the Service through your account. You must ensure that all authorized users on behalf of your account comply with this Agreement.
3.2. You are responsible for maintaining the confidentiality of passwords used by yourself or any authorized user for your account.
3.3. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects Michael Mann Desktop Publishing to liability; or is in any violation of the Michael Mann Desktop Publishing Terms of Service Agreement.
4. User Conduct
4.1. You agree to be solely responsible for the content of your transmissions through the Service. You acknowledge that Michael Mann Desktop Publishing simply acts as a passive conduit for the distribution and transmission of data.
4.2. You may not resell multi-hosted accounts.
4.3. You agree that your use of the Service is subject to all applicable local, state, national and international laws and regulations. Furthermore, you agree that you recognize that violation of any such laws, rules and regulations shall be cause for immediate termination, without notice, of your account at the sole discretion of Michael Mann Desktop Publishing.
5. Unacceptable Use of Service
5.1. Illegality in any form, including, but not limited to, activities such as unauthorized distribution or copying of copyrighted software; violation of U.S. or International export restrictions; harassment; fraud; drug dealing; intentionally inflicting emotional distress; violating trademarks; copyrights; and other intellectual property rights.
5.2. Michael Mann Desktop Publishing reserves the right to remove permission to access the Service if we suspect security violation attempts involving your account, whether directly deliberately caused by you or not.
5.3. Spamming, to send unsolicited commercial email or newsgroup posts, from the server or involving your domain.
5.4. Mail bombing, sending of large files or emails to other users against the request of an Internet user, whether or not our servers are used.
5.5. Violations of system or network security is prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
5.6. The use of programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) on the server.
5.7. Unacceptable site content, links, storage and/or distribution including, but not limited to, pirated software or programs which are intended or used for security violation purposes (“cracking software”); “Warez Sites”; “IRC Bots”; pornography; nudity; sexually explicit or offensive material; and defamatory, scandalous, or private information about a person without their consent.
ALL FORMS OF ‘UNACCEPTABLE USE OF SERVICE’ ARE STRICTLY FORBIDDEN. EVIDENCE OF SUCH MATERIAL WILL BE CAUSE FOR IMMEDIATE TERMINATION OF SERVICE. MICHAEL MANN DESKTOP PUBLISHING WILL BE THE SOLE ARBITERS AS TO WHAT CONSTITUTES A VIOLATION OF THIS PROVISION. MICHAEL MANN DESKTOP PUBLISHING WILL NOTIFY THE APPROPRIATE LAW ENFORCEMENT DEPARTMENT IF SUCH VIOLATION IS A CRIMINAL OFFENSE.
6.1. Setup fees (where applicable) are non-refundable. Michael Mann Desktop Publishing does not issue refunds for fees paid in advance or for fees and/or payment made towards your account after the first 30 days of Service.
6.2. Current pricing for Michael Mann Desktop Publishing services may be obtained by sending an email to: firstname.lastname@example.org. Michael Mann Desktop Publishing reserves the right to change prices, rates and/or institute new charges/fees at any time upon 30 days prior notice.
6.3. A service charge, up to the maximum allowed by the state you reside in, will be assessed to your account for each check that is returned to Michael Mann Desktop Publishing for insufficient funds.
6.4. Payment must be made towards your account on its assigned due date. If your account is delinquent, your account may be suspended or terminated at the sole discretion of Michael Mann Desktop Publishing. Michael Mann Desktop Publishing may, at its sole discretion, charge a fee of US 25.00 or greater to reinstate a suspended account.
IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL INSTITUTION, MICHAEL MANN DESKTOP PUBLISHING RESERVES THE RIGHT TO RE-BILL FOR THOSE CHARGES, REGARDLESS OF YOUR ACCOUNT STATUS.
6.5. If you believe that Michael Mann Desktop Publishing has billed you in error, you must contact the Billing Department within 30 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges billed in error which are more than 30 days old.
You are responsible for keeping your email address up to date in the EDIT field in your Plesk control panel. You may also email this change of address to email@example.com if you would like a different email address shown in Plesk.
7. Disclaimer of Warranties
7.1. You assume full responsibility and risk for use of the Service by you and your authorized users. The Service is provided on an “as is” and “as available” basis. Michael Mann Desktop Publishing does not warrant that the Service will be uninterrupted or error-free. Michael Mann Desktop Publishing makes no express or implied warranties, representations or endorsements including, but not limited to, warranties of title, non-infringement or implied warranties of service or fitness for a particular purpose regarding all information or service provided through Michael Mann Desktop Publishing. No advice or information given by Michael Mann Desktop Publishing, its employees, affiliates or contractors shall create a warranty.
7.2. Michael Mann Desktop Publishing shall not be liable for any costs or damages arising directly or indirectly from use of the Service. It is solely your responsibility to evaluate the accuracy, quality, completeness, and usefulness of all opinions, advice, services, and other information provided through the Service.
8. User Remedies
8.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by closing your account by one of the methods outlined in Section 11.
8.2. Under no circumstances shall Michael Mann Desktop Publishing, its employees, affiliates or contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from any: use of your account or the Service or your inability to use the Service; your reliance on or use of information, services or merchandise provided on or through the Service or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
You agree to defend, indemnify, and hold Michael Mann Desktop Publishing and its affiliate harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising from: any violation of this Agreement by you or those who access this Service through your account; the use of the Service or the Internet in general; and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.
10. Termination of Agreement
10.1. You may terminate this Agreement by using the methods outlined in Section 11 of this Agreement. Your termination will only be complete upon your receipt of a confirmation number from Michael Mann Desktop Publishing. You will receive this confirmation number via Electronic Mail. Charges to your account will stop accruing the day you receive your confirmation number. Michael Mann Desktop Publishing will not issue refunds for fees paid in advanced or for accounts that have been activated passed the 30 Day Money Back Guarantee mark.
10.2. Michael Mann Desktop Publishing may terminate this Agreement at any time without cause upon 30 days prior notice; or immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement including, but not limited to, a breach of any obligation imposed under Sections 2, 3, 4, 5 or 6 or if you fail to pay any charges within 7 days of the date they accrue.
10.3. Upon termination of this Agreement, all rights granted to you or your authorized users under this Agreement shall immediately cease and terminate.
10.4. Termination from this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.
10.5. Sections 6, 7, 8, 9, and 11 shall survive termination of this Agreement, Michael Mann Desktop Publishing retains the right to enforce these provisions regardless of account status.
11. Closing an Account
11.1. You may close your account by sending an email to firstname.lastname@example.org. The request must meet the following criteria:
Include your account information (domain name, username, IP address, server name and password)
Reference your Order/Authorization Number you received with your first receipt of payment. Failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver. More info on Billing FAQ available here.
Requests to cancel accounts or the termination of your payment plan at Michael Mann Desktop Publishing will result in the IMMEDIATE deactivation of your account. In a case where a client has ceased a billing cycle, the account will be deactivated upon investigation by the Accounts department.
Acceptable Use Policy
Use and Misuse of the Services
All complaints of abuse, violation and misuse of the Services, whether described in this section or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, then please contact email@example.com. You are responsible for all use of your Web site, with or without your knowledge or consent.
You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality 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, MPEGs, 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.
When Michael Mann Desktop Publishing becomes aware of possible violations of this Agreement, Michael Mann Desktop Publishing may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on Michael Mann Desktop Publishing’s servers. Michael Mann Desktop Publishing, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD MICHAEL MANN DESKTOP PUBLISHING HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY MICHAEL MANN DESKTOP PUBLISHING AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM MICHAEL MANN DESKTOP PUBLISHING AS A RESULT OF MICHAEL MANN DESKTOP PUBLISHING’S DECISION TO: REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MICHAEL MANN DESKTOP PUBLISHING’S CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
Use and Misuse of Materials
Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain.
You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of Michael Mann Desktop Publishing’s servers. You may not post, upload or otherwise distribute copyrighted material on Michael Mann Desktop Publishing’s servers without the consent of the copyright holder.
Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; Attempts 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, and forging router information; Denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; Promulgation of viruses; and IRC bots, such as eggdrop or BitchX.
Michael Mann Desktop Publishing supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated
the legal rights of a third party, Michael Mann Desktop Publishing will not substitute itself for a court of law in deciding tort claims raised by the third party.
Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: Spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); Spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); Passive spamming (promoting a Web site hosted by Michael Mann Desktop Publishing by spamming from some other
source); trolling (posting controversial messages in newsgroups to generate responses); Mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); Generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); Propagating chain letters; and subscribing someone else to an electronic mailing list without that person’s permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email.
If you are repeatedly mailbombed or attract such behavior, the Services will be terminated.
You should not send email to any user who does not wish to receive it, either at Michael Mann Desktop Publishing or elsewhere. Michael Mann Desktop Publishing recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop.
You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. Michael Mann Desktop Publishing may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information.
Violations of the Michael Mann Desktop Publishing policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that Michael Mann Desktop Publishing resources are affected, Michael Mann Desktop Publishing’s staff may shut down your mailbox.
You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at Michael Mann Desktop Publishing or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
If you are involved in violations of system security, Michael Mann Desktop Publishing reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. Michael Mann Desktop Publishing will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
System abuse includes any use of Michael Mann Desktop Publishing’s resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.
Any usage of 10% or more of Michael Mann Desktop Publishing’s system resources is an undue burden on Michael Mann Desktop Publishing’s system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice.
Further, running programs in the background on a Michael Mann Desktop Publishing server without Michael Mann Desktop Publishing’s prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, mailing lists that send more than 1,000 emails a day and the like are not acceptable uses of Michael Mann Desktop Publishing’s servers.
This Terms of Service Agreement constitutes the entire Agreement between you and Michael Mann Desktop Publishing with respect to the Service.