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Terms of Service
Monmouth Web Developers
 
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Monmouth Web Developers


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Terms of Service

This Acceptable Use Policy specifies certain actions prohibited by Monmouth Web Developers (henceforth known as MWD) for users and clients of the MWD Network along with any materials contained in sed websites as designed by MWD. MWD reserves the right to modify this Policy at any time to stay in compliance with any laws, regulations and security requirements. By using MWD services, any customer, employee or third party unconditionally accepts the terms of this policy.

ILLEGAL USE

The MWD Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation coming to or from any unauthorized network or system is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization; government and military data protected by law and national security; university and academic data protected by public policy; and material that, in MWD’s sole discretion, is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Any violation of the above which compromises the integrity of the MWD Network or any other network is strictly prohibited.

NETWORK AND MACHINE RESOURCES

MWD reserves the right to monitor and allocate network and machine resources. IP addresses are allocated per server and according to virtual server specifications. Cgi resources are allocated one per domain (a virtual host is required for each cgi-bin and is considered a virtual host). MWD in its sole discretion and upon reasonable notice to customer reserves the right to discontinue any hosting account and/or any script which causes excessive server load and/or uses excessive server and network resources.

To protect Internet, network, and machine resources on behalf of the entire MWD customer base, no individual customer may do the following:

  • Resell or give away web space under a domain name, or create “sub-domain” websites on behalf of other companies, groups, or individuals (Customers interested in reselling MWD’s web hosting services should utilize the MWD Reseller Program.);
  • Use their website to store web pages, files, or data for other IP addresses or domain names, or as a repository for files, data, or “Warez group” download transfer;
  • Use their website for data transfer from any database server, or for streaming audio and/or video downloads; or use their website as a storage area for files that are not linked to the customer’s web pages hosted on the same website on MWD's servers;
  • Offer adult content, mp3 downloads, or software downloads; or
  • Utilize CGI/PERL chat, JAVA chat, or any other chat scripts in a manner that adversely affects the operations or performance of other MWD customers, or of the MWD system or network. The adverse effect of such use shall be determined by MWD in its sole discretion.

MWD may immediately suspend service without prior notice to any website that violates these rules. In the event of any dispute regarding these rules, MWD may determine violations of these rules in its sole discretion.

Customers utilizing bandwidth in excess of plan limitations, or in violation of these rules, will owe MWD compensation therefor at the applicable rate for excess bandwidth.

SYSTEM AND NETWORK SECURITY

Violations of system or network security are prohibited, and may result in criminal and civil liability. MWD will investigate incidents involving such violations and may involve and cooperate with law enforcement authorities if a criminal violation is suspected. MWD respects the privacy of customer data and vigilantly protects that data and ALL customers who host with MWD. If any violation of the law or this AUP is suspected, MWD reserves the right to investigate. Use of the MWD network constitutes consent to monitoring. Examples of unlawful acts, system, or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, damage, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks. Unauthorized access to any data, system, or network from an unauthorized system or network for any purpose which is not lawful or which is intended to do harm. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Electronic forging of any kind to include but not limited to IP addresses, domains, business names, etc.

EMAIL

Sending unsolicited email messages, including, without limitation, unwanted advertising and informational announcements, is explicitly prohibited, whether sent in bulk or not, and whether commercial in nature or not. The use of MWD resources to sell or enable the sale of "bulk" and/or "stealth" email software (to include so-called "spoof" software) is strictly forbidden. The use of MWD resources to sell or enable the sale of software designed to "harvest" email addresses is also categorically prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site owner. Legitimate mailing lists and subscriber lists are acceptable. Otherwise, it is spam.

USENET

Posting the same messages to multiple newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is expressly prohibited.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN MWD CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

For Example: If you are hosting a bulk email site on MWD servers and you use another ISP to SPAM from in order to reference your MWD site by IP address or domain name, you are violating MWD policy and possibly the law. If you have been granted telnet access to MWD servers, multiple telnet log-ons are strictly prohibited and you must come from a valid IP address. Forgery is against the law. Any type of denial of service attack from valid or invalid addresses is a violation of MWD security policy and against the law. If you have been granted password privileges for FTP or telnet, sharing your password with an unauthorized user or third party is strictly prohibited.

COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act provides limitations for service provider's and web designer's liability relating to material online with regard to information residing, at the discretion of the user, on a system or network that the service provider controls or operates or websites designed therein. 17. U.S. 512(c). MWD does not tolerate any pornographic material or spamming and both infringements will result in an investigation and possible termination and removal of the site without a refund. MWD prides itself as a responsible member of the Internet community and is committed to protecting the integrity of its data and providing quality service to all MWD customers all of the time.

All clients and customers of MWD, will henceforth release all liability and risk of infringement of any materials used within each website. It is the sole responsibility of the owner of each websites’ business, service or informational source to its copyright and/or infringement therein. Any content contained with each website is deemed to be compliant with all copyrights explicit or implied and is to be deemed as such by the owners of each business or informational source.

MWD shall not be liable for any damages allegedly sustained from the use of such information, products and services that may be otherwise copyrighted. MWD's only liability in the event of errors shall be the correction or removal of the erroneous information after verification. In case MWD can not access the information to correct such problems, actions must be taken with the owner of sed business or informational source or persons who can affectively rectify the situation therin.

INTERACTION WITH MWD STAFF

Any threat, vulgar and profane language directed at any MWD staff member through phone or email may result in immediate termination of an account. Any violation of this policy by any employee, contractor or third party programmer of MWD should be reported immediately. Bottom line is let's work together toward a mutually beneficial relationship and create a prosperous and responsible Internet community.