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Please review the
Terms of Service below. Submitting your order indicates agreement to
Mesa Networks Terms of Service.
Terms
and Conditions: top
Mesa Networks reserves the right to change this Policy
any time, so please, check this page at least once a month or when in
doubt. Mesa Networks strives to provide the best possible service to
all
our customers, but we will not tolerate any unlawful activity or abuse
on our servers. We respect freedom of speech and expression unless it
is
harmful to others. These brief guidelines are imposed to protect you,
other Mesa Networks customers and us against such harm.
Content:
top
All services provided by Mesa Networks may be used for
lawful purposes only. Transmission, storage, or presentation of any
information, data or material in violation of any United States
Federal,
State or City law is prohibited. This includes, but is not limited to:
copyrighted material, trademark, intellectual property, material we
judge to be threatening or obscene, or material protected by trade
secret and other statute without proper authorization. The subscriber
agrees to indemnify and hold harmless Mesa Networks from any claims
resulting from the use of the service which damages the subscriber or
any other party.
Pornography is prohibited on all Mesa Networks servers.
This includes sites that may infer sexual content, or links to adult
content elsewhere. Mesa Networks will be the sole arbiter in
determining
violations of this provision. Also prohibited are sites that promote
any illegal
activity or present content that may be damaging to Mesa Networks
servers
or any other server on the Internet. Links to such materials are also
prohibited.
Examples
of unacceptable content or links:
- Pirated software
- Hacker programs or
archives
- Warez sites
- Pornography and
sex-related materials
- Online gambling
Any
illegal activity, including adult content, links
to adult content web sites, online gambling, spamming or hacking will
result in your site being shut down.
Mesa
Networks does not host sites of its competitors or
web pages promoting sites of its competitors.
Mesa
Networks will be the sole arbiter as to what constitutes a violation of
this provision.
Email
Advertising: top
Mesa Networks and its clients accounts may
not be
the source, intermediary, or destination address involved in the
transmission of any unsolicited email, email bombs, hate email, or any
mass email. Your email account may not be referenced as originator,
intermediary, or reply-to address of such email. We consider mass email
any email message sent to more than 100 email addresses or more than 10
news groups. Spamming, or the sending of unsolicited
e-mail, from our server or using an e-mail address or domain that is
maintained on our machine as reference is STRICTLY prohibited. It
doesn't matter if it's opt-in email marketing. We simply do not allow
sites of that nature to be hosted. Sites such
as "safe lists" are also strictly prohibited. We reserve the
right to shutdown any sites that we consider harmful to
performance. You
may be required to pay a re-activation fee of $50.
Accounts
canceled due
to Spam will be billed a "clean up" fee of $250.
Mesa
Networks will be the sole arbiter as to what constitutes a violation of
this provision.
SPAM
Policy: top
Mesa Networks is committed to a zero-tolerance,
anti-Spamming policy. Under this policy, we prohibit Spam, or any
unsolicited commercial email, from being sent either: over the Mesa
Networks network, by customers or any other users of the
Mesa Networks
network (including customers' customers); AND/OR over ANY
network— if
the message sent advertises or mentions a site hosted on the Mesa
Networks
server.
Sending
unsolicited
commercial email (a.k.a. "Spam"), cross-posting messages to a
large number of Usenet groups, posting obscene or threatening messages
while using or referring to a Mesa Networks email address or web site
URL
is prohibited. The use of Mesa Networks servers as a mail drop for
responses to activities described above is also prohibited.
We
react quickly and seriously to violations, and we
further reserve the right to terminate the services, without prior
notice, of any customer disregarding this policy. Accounts canceled due
to Spam will be billed a "clean up" fee of $250.
If
you have any complaints or comments regarding Spam
on our network, please direct them via email to: abuse@Mesa
Networks.com
Resource
Usage
/ Script Usage: top
Resources are defined as CPU usage, memory usage and available system
resources.
When an account is found to be manipulating and/or abusing resources,
we may implement the following policy:
When an account is found to be manipulating and/or abusing resources,
Mesa Networks reserves the right to suspend, terminate, or make
appropriate changes to the account to prevent the account from
continually manipulating
and/or abusing resources. Prior notice may or may not be given,
depending on the severity of the imposed threat.
This policy is only used in extreme cases to prevent misuse and is in
effect to keep our servers fast and stable at all times.
The following scripts are banned on all Mesa Networks servers:
-
UltimateBBS (all versions)
- Ikonboard
(all versions)
- Greymatter (all versions)
- IRC Egg Drops & IRC related programs.(chat software)
- Proxy Servers
- nph-proxy
- The Anonymizer
- formmail.pl
- formail.cgi
- lstmrge.cgi
- NewsPHP
- Formmail scripts earlier than Matt Wright’s v1.92 script
- Shell, SSH, Telnet Scripts and Shell, Telnet Alternatives
- Any script that uses & processes a massive number of
flatfiles or large flatfile databases.
- Any script determined by our administrative
staff to be harmful to the server and/or network.
IRC: top
Mesa Networks currently does not allow IRC or IRC bots to be operated
on our servers.
Sub
Domains: top
All sub domains must adhere to the policies and terms represented in
this entire
document.
Server
Abuse:
top
Any attempt to undermine or cause harm to a server, or customer is
strictly prohibited.
If we determine that any site on our servers is using too much of the
server's resources and therefore abusing the server, we reserve the
right
to suspend that domain without any notice. It is the clients
responsibility to
contact Mesa Networks to request potential domain reactivation.
Refusal
of Service:
top
Failure to follow any term or condition will be grounds for immediate
account deactivation.
Mesa Networks reserves the right to refuse, cancel, or suspend service
at our sole discretion.
Payment
Policies, Fees, Refunds:
top
Full payment is required before any hosting service is rendered, which
includes renewals. Prepayment is due each anniversary (one month, one
quarter, bi-annually
or one year) following the date the account was established. Billing
will continue until you cancel your hosting account. You may cancel at
anytime. As a policy, we do not offer credits or refunds for hosting
time already expended. If your account balance, at anytime, is not
current for a period of 30 consecutive days, it will be placed in
Suspended status.
We
do give refunds for full months unused, should you want to cancel
prepaid service. If you decide to cancel after prepayment, you will not
receive a refund for the current month in use (we do not give partial
months refunds). If you have prepaid and received a multi-month
discount, upon cancellation we will figure the refund by retroactively
withdrawing the discount back to the start date of the contract. This
will result in paying full undiscounted price for the months used and
refunding the balance. This only applies to cancellation by the client.
If cancellation is made by Mesa Networks due to TOS or restrictions
violation,
there will be no refund. Mesa Networks will only allow for the discount
if
cancellation is not the fault of the client, as determined by Mesa
Networks.
All monetary transactions are in $US dollars. Additional
features can be added at any time. Monthly feature prices are not
prorated. Mesa Networks reserves the right to change prices at any time.
Canceling
Account: top
You may cancel at anytime. To cancel your account, please
contact our support
department. Notification of
cancellation must be received at least ten business days prior
to your cycle date, with the cycle date being the day of the
month you sign up, in order to avoid charges in full for the
next cycle. It is the Clients Responsibility to secure email
confirmation from Mesa Networks that the account has been cancelled.
If the client has not yet received email confirmation of account
cancellation, then the account remains active, and you will
continue to be invoiced. If
Client has a balance due at the time of cancellation, this
balance must be paid in full. Cancellation does not absolve
Client of any outstanding financial obligations.
SSH
Policy: top
With the exception of dedicated server plans and unless otherwise
noted,
Mesa Networks enforces a strict "No SSH" policy. Any domain that
uses a script which may be used to elevate user privileges or enable
SSH
services, will be instantly suspended.
Scripts
Policy: top
Each account comes with its own CGI-bin. You are free
to use any CGI scripts you wish, [as long as they are not on our banned
script's list] however we reserve the right to disable any CGI script
that adversely affects normal server operation or service to other
Mesa Networks
customers. You will be notified in 24 hours regarding the offending CGI
script.
Mesa
Networks is not responsible for scripts that you
use in your hosting account(s). It is not our responsibility to ensure
your
scripts function. Please don't expect or ask Mesa Networks support
technicians to
troubleshoot your scripts or third-party applications.
Mesa
Networks provides technical support for
our Servers and Server related software. Any add-on scripts included in
the Control
Panel are 3rd Party scripts and are not supported by Mesa Networks.
Traffic
Policy: top
Mesa Networks allows for very generous traffic, and most
sites never exceed 500MB per month, unless they offer shareware, sound,
video, image and multimedia archives, are mirror sites or any site
whose
primary purpose is file distribution. Mesa Networks customers are
discouraged from storing any files that cause excessive traffic on
Mesa Networks servers. Please contact our Support Team for
more information. Again, 99% of the sites do not fall into this
category
and never reach our traffic limits.
We
reserve the right to refuse service to anyone for
any reason not prohibited by law. Also we reserve the right to
terminate
service to any customer for any reason not prohibited by law.
Any
deliberate attempt to cause damage to
Mesa Networks
or any other Internet servers will result in immediate account
deactivation without notice. No refund is given in this case.
Backups:
top
Backups are made nightly. No guarantees are made
of any kind, either expressed or implied, as to the integrity of these
backups. Backups are made for server restoration purposes only. It is
the client's responsibility to maintain local copies of their web
content.
The
"Backup Manager" is included in each
hosting plan and client can use this tool to back up their files. If
loss of data occurs due to an error of Mesa Networks, we will attempt
to
recover the date at no charge to the client. If data loss occurs due to
negligence of the client in securing their account or by an action of
the
client, Mesa Networks will attempt to recover the data from the most
recent
archive for a $50.00 fee.
Support
Policy: top
It is the client's responsibility to have a good
working knowledge of their web site operations. Please do not
expect Mesa Networks Support staff to teach you how to use the tools at
your disposal. Mesa Networks
does not provide Web design, programming or scripting services.
Additional
resources and information may be found on our support
site: http://www.mesanetworks.net
Indemnification:
top
You agree to use all Mesa Networks services and
facilities at your own risk. Mesa Networks specifically disclaims all
warranties of merchantability and fitness for a particular purpose. In
no event shall Mesa Networks be liable for any loss, or loss of data,
or
other commercial damage, including but not limited to special,
incidental, consequential or other damages. Customer agrees that it
shall defend, indemnify, save and hold Mesa Networks harmless from any
and
all demands, liabilities, losses, costs and claims, including
reasonable
attorney’s fees asserted against Mesa Networks, its agents,
its
customers, officers and employees, that may arise or result from any
service provided or performed or agreed to be performed or any product
sold by customer, it’s agents, employees or assigns.
Customer agrees to defend, indemnify and hold
harmless Mesa Networks against liabilities arising out of:
-
Any injury to person or property caused by any
products sold or
otherwise distributed in connection with Mesa Networks server(s);
-
Any material supplied by customer infringing or
allegedly infringing
on the proprietary rights of a third party;
-
Copyright infringement
-
Any defective products sold to customer from
Mesa Networks server(s).
Mesa
Networks does not offer any warranty or guarantee other than those
expressly stated in the Terms of Service.
Mesa
Networks reserves the right to amend our Terms and
Conditions at any time and without notice.
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