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Terms Of Service
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Terms and Conditions Content Email Advertising SPAM Policy Resource Usage IRC
Sub Domains Server Abuse Refusal of Service Payment Policies Indemnifications Canceling Account
SSH Policy Scripts Policy Traffic Policy Backups Support Policy
 

Please review the Terms of Service below. Submitting your order indicates agreement to Mesa Networks Terms of Service.
 
Terms and Conditions
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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.


Contenttop
 

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 Advertisingtop
 

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 Policytop
 

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.
 


IRCtop
 

Mesa Networks currently does not allow IRC or IRC bots to be operated on our servers.


Sub Domainstop
 

All sub domains must adhere to the policies and terms represented in this entire document.


Server Abusetop
 

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 Servicetop
 

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 Accounttop
 

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 Policytop
 

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 Policytop
 

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 Policytop
 

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.


Backupstop
 

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 Policytop
 

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
 


Indemnificationtop
 

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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