Customers
may only use Metanet's services for lawful
purposes. Our acceptable use policy is one
of zero tolerance. Metanet reserves the
right to immediately discontinue service
to customer without liability, refund, or
continuance of any prepaid service fees.
The following are unacceptable uses and
shall be cause for the immediate termination
of web services without notice to the customer:
Unauthorized
distribution or copying copyrighted software,
violation of US export restrictions, harassment,
fraud, trafficking in obscene material,
drug dealing, and other illegal activities.
Metanet reserves the right to report such
illegal activities to any and all-regulatory,
administrative and/or governmental authorities
for appropriate prosecution.
Spamming |
sending unsolicited advertising
to numerous
email addresses or newsgroups
and/or
generating a significantly
higher volume of
outgoing email than a normal
user |
Trolling |
posting outrageous messages
to generate
numerous responses |
Mail-Bombing |
sending multiple messages without
significant
new content to the same user |
Spamming
by third parties to promote a web site hosted
by Metanet, using a non-existing email return
address on a commercial solicitation, subscribing
someone else to a mailing list without that
person's permission, cross-posting articles
to an excessive number of or to inappropriate
newsgroups are in violation of our AUP and
of certain State laws.
In addition to termination of service, Metanet
will charge One Dollar ($1.00) per email
recipient for any such activity. Posting
information, violating trademarks, copyrights
or other intellectual property rights or
intentionally inflicting emotional distress,
posting of private, defamatory, scandalous,
or information about a person without their
consent violates our AUP. In all instances,
Metanet reserves the right to determine
what defines the term 'Net abuse'.
Misuse
of system resources
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Attempting
without authorization to enter into a secured
computer system. Hacking or otherwise altering
of a site owned and operated by another
person. Metanet reserves the right to report
such illegal activities to any and all-regulatory,
administrative and/or governmental authorities
for appropriate prosecution.
Metanet reserves the right to modify or
otherwise amend this AUP without prior notice
or warning.
All
complaints about alleged violations of this
AUP should be forwarded to abuse@metanethosting.com.
These complaints will be investigated fully
by our department of Abuse & Fraud.
WEB
SERVICE TERMS AND CONDITIONS
Customer's
access and/or login into their respective
personal accounts shall be deemed as acceptance
of the agreed upon terms and conditions
stated above. This agreement represents
the complete agreement and understanding
between Metanet Communications, Inc.
and our Customer and supercedes any other
written or oral agreement. Upon notice published
on-line Metanet may modify the terms and
conditions contained herein and may discontinue
or change the services offered in the event
of Customer's failure to comply with the
following provisions.
1.
SERVICE. Metanet, as an Internet World Wide
Web service provider, provides a server
computer that is integrated into the Internet.
This server computer sends and receives
information as related to the World Wide
Web. Customer desires to connect to and
utilize the software and hardware facilities
of Metanet to establish a Web Site. The
use of any data or material by the Customer
via the service provided by Metanet is at
the Customer's sole and absolute risk. Metanet
specifically disclaims and denies any responsibility
for the completeness and/or accuracy of
quality of any and all information obtained
through the services to be provided hereby.
2.
USE OF SERVICE. This agreement hereby is
intended for the use of only one web site
unless Customer requests the Reseller account.
It is for the exclusive use of the Customer
specifically named above and does not extend
to any other person or entity. Customer
may resell, if desired, to third parties
but is responsible for the content and is
bound by the terms under this agreement.
3.
NO WARRANTIES. Metanet will utilize its
best efforts to maintain acceptable performance
of the contracted services, but Metanet
makes absolutely no warranties whatsoever,
express or implied, including warranty of
merchant ability or fitness for a particular
purpose. Metanet cannot guarantee continuous
service, service at any particular time,
or integrity of data stored or transmitted
via its system or via the Internet. Metanet
will not be liable for the inadvertent disclosure
of, or corruption or erasure of, date transmitted
or received or stored on its system. Metanet
shall not be liable to Customer or any of
its customers for any claims or damages
which may be suffered by Customer or its
customers, including, but not limited to,
losses or damages of any and every nature,
resulting from the loss of data, inability
to access Internet, or inability to transmit
or receive information, caused by, or resulting
from, delays, nondeliveries, or service
interruptions whether or not caused by the
fault or negligence of Metanet.
4.
INDEMNIFICATION. Customer agrees that it
shall defend, indemnify, save and hold harmless
from any and all demands, liabilities, losses,
costs, claims, including reasonable attorney's
fees, ("Liabilities") against Metanet, its
agents, its customers, servants, officers,
employees, that may arise or result from
any services provided, performed or agreed
to be performed or any product sold by Customer,
its agents, employees or assigns. Customer
agrees to defend, indemnify and hold harmless
Metanet against Liabilities arising out
of any injury to person or property caused
by any products sold or distributed in connection
with Metanet's server; and material supplied
by Customer infringing or allegedly infringing
on the proprietary rights of a third party;
copyright infringement and any defective
product which Customer sold on Metanet's
Server. As a result of this, Customer agrees
that Metanet shall not be liable to Customer
for any claims of actual, compensatory and/or
consequential damage which may be suffered
by Customer, including, but not limited
to, losses or damages due to the loss data
resulting from delays, non deliveries, or
service interruptions caused by the fault
or negligence of Metanet. Notwithstanding
the above mentioned, Customer's exclusive
remedies, damages, losses and causes of
actions shall not exceed the aggregate dollar
amount which Customer paid during the term
of this Agreement.
5.
DOMAIN NAME. Metanet will acquire, at the
request of the Customer, an Internet Domain
Name (only from the US InterNIC) on behalf
of the Customer. In such case the Customer
hereby waives any and all claims which it
may have against Metanet for any loss, damage,
claim or expense arising out of, or in relation
to, registration of such Domain Name in
any on-line or off-line network directories,
membership lists or registration lists,
or the release of the Domain Name from such
directories or lists following the termination
of services by Metanet for any reason. Any
costs incurred by Metanet in obtaining or
maintaining a domain name for Customer or
its customers shall be at the expense of
the Customer.
6.
INVOICING AND SERVICE FEES. Invoicing for
web site shall be as follows: Customer shall
be billed in accordance with the sevice
plan stated terms, unless otherwise agreed
upon. Payments of the service fee will be
done upon inception (sign-up date) and continue
on an anniversary style renewal basis. In
the event that Customer shall fail to pay
in advance for the services provided herein
or in the event there shall exist any delinquency
in the Customer's account then in such event
Metanet reserves the right, in its sole,
absolute and unfettered discretion, to terminate
this agreement and discontinue service to
Customer without notice or liability for
actual compensatory or consequential damages
to Customer for the interruption in service.
Metanet shall be entitled to unilaterally
terminate this agreement, in which case
the provisions of paragraph 1,2, 3, 4, and
5 shall continue in full force and effect,
and/or, at its sole discretion, Metanet
may discontinue or suspend service to Customer
until payment is made. Any service disconnection
or suspension will result in the requirement
of a re-connect fee which shall be the same
as the set-up fee as described in the service
plans. Initial service and set-up fees shall
be in accordance with the service plans.
All support inquiries are to be initialed
via email to: info@metanethosting.com with your
registration # in the subject line. Metanet will
make a diligent
effort to resolve any problems related to
Metanet hardware or supporting software.
Only once all email inquires have failed,
will Metanet provide support via telephone.
Adult material will be billed separately
as per the custom rates.
7.
30 DAY-MONEY BACK GUARANTEE. The 30 day
money-back shall apply only to the refund
of the agreed upon monthly plan fees and
shall exclude, without limitation, the refund
of any or all set-up fees, service fees,
transfer fees, domain registration fees,
design/development fees, software purchase
fees, Metanet 1-Stop Internet Service fees,
and any promotional discounts, etc. ONLY
web hosting monthly fees are refundable.
Customers will be automatic charged non-refundable
additional fees, in the event that the Customer
is in excessive use of the agreed upon services,
including but not limited to the use of
additional bandwidth, file transfers in
excess of plan limits, megabyte space or
the posting of adult material on Customer's
web site.
8.
CANCELATIONS. All cancellation in accordance
with the terms and conditions contained
herein must be submitted in writing via
Metanet's on- line cancellation form located
at MetanetHosting.com/cancel.htm or Customer
may submit request for cancellation in writing
via registered mail . All Customer accounts
must be paid in full before the transaction
will be considered complete. Customer is
responsible for all usage prior to any cancellation
is received.
9.
TAXES. Customer shall be responsible for
paying all taxes of any nature which except
for taxes on Metanet's income, irrespective
of which party may be responsible for reporting
or collecting such taxes.
10.
MODIFICATIONS. Metanet reserves the right
to make changes to any of the above terms
and conditions of this agreement upon thirty
(30) day written notice to Customer, advising
of the change and the effective date thereof,
but with changes in monthly service fees
being effective only at the end of any calendar
quarter for which Customer has already prepaid.
The use of the service by the Customer following
the effective date of such change shall
be proof of acceptance by Customer of such
change (s).
11.
ENTIRE AGREEMENT AND SEVERALBILITY. This
instrument constitutes the entire agreement
between the parties, and represents the
complete and entire understanding of the
parties with respect to the subject matter
contained in this agreement. This instrument
supercedes any other agreement or understanding
between the parties, whether written or
oral. In the event that any term or provision
of this instrument is held by a court of
competent jurisdiction to be unenforceable,
then the remaining provisions of this instrument
and the agreement which it evidences, shall
remain in full force and effect, IN WITNESS
WHEREOF the parties hereto intending to
be legally bound hereby, and in consideration
of the covenants and agreements contained
herein, do hereby execute this instrument,
with each party warranting their ability
to enter in to this agreement for the person
or entitle herein named as a party hereto.
This agreement shall be construed and interpreted
pursuant to the law of the state of New
York.
12.
RESTRICTIVE USE. The Customer may only use
Metanet's services for lawful purposes.
In the event that at any given time, Metanet
believes that the service is being used
by the Customer in contravention with any
of the terms and provisions contained in
this Agreement, Metanet has the right to
immediately discontinue such service to
Customer without liability other than to
refund any unearned prepaid service fees.
The following are restrictive uses and shall
be cause for the immediate termination of
web services and this Agreement without
notice to the Customer:
a. Unauthorized distribution or copying
copyrighted software, violation of US export
restrictions, embarrassment, fraud, trafficking
in obscene material, drug dealing, and other
illegal activities;
b. Unsolicited advertising via email and/or
"Spamming" is a violation of State and Federal
Law and is otherwise a violation of this
agreement. Such prohibited conduct subjects
Customer to immediate cessation of service
as provided herein and the termination of
this agreement without notice. Metanet reserves
the right to report such illegal activities
to any and all regulatory, administrative
and/or governmental authorities for appropriate
prosecution. In addition, Metanet will charge
One Dollar ($1.00) per email recipient for
any such activity;
c. Using a non-existing email return address
on a commercial solicitation, spamming (sending
unsolicited advertising to numerous email
addresses or newsgroups and/or generating
a significantly higher volume of outgoing
email than a normal user), trolling (posting
outrageous messages to generate numerous
responses, mail bombing (sending multiple
messages without significant new content
to the same user), subscribing someone else
to a mailing list without that person's
permission, cross-posting articles to an
excessive number of newsgroups, or attempting
without authorization to enter into a secured
computer system. Metanet reserves the right
to determine what is Net abuse;
d. Tortuous conduct such as posting of defamatory,
libelous, scandalous, or private information
about a person without their consent, intentionally
inflicting emotional distress, or violating
trademarks, copyright, or other intellectual
property rights;
e. The Customer expressly understands and
agrees that Adult oriented Websites featuring
nudity and acts of a sexual nature are subject
to additional fees. Unless Metanet is properly
notified, Metanet reserves the right to
immediately terminate and remove any such
unauthorized Websites without notice and
discontinue service to Customer without
notice or liability for actual, compensatory
or consequential damages to Customer for
the interruption in service.
f. MUDDS, Listservers or any other Internet
application that are not Website specific,
are specifically prohibited, such sites
are subject to additional setup and hosting
fees as provided in paragraph six (6)herein;
g. Any other misuses of the system resources,
such as employing posts or program which
consume excessive CPU time or storage space,
permitting use of mail services, mail forwarding
capabilities, POP accounts, or autoresponders
other than for the customer's accounts,
or resale of access to CGI scripts installed
on our servers.
12. TERMINATION. If Customer shall fail to remove it's property from the Space within thirty (30) business days after any Termination, Metanet shall have the right to remove and store such property for Customer at Customer's sole expense.
If Customer shall fail to remove its property from the Space (or, if applicable, retrieve its property from storage and reimburse Metanet for all related costs), within thirty (30) days after any Termination, Metanet shall have the right, upon written notice to the Customer to consider such property to have been abandoned, in which case Metanet may, at its option either (i) retain such property as its property or (ii) dispose of it, without accountability in such manner as Metanet shall determine, all at Customer's sole expense.
14. INDEMNIFICATION. Customer shall indemnify defend and hold Metanet harmless from any Losses relating to any of Customer's property retained, disposed of, or stored by Metanet. If the space is not surrendered upon a Termination, Customer hereby indemnifies Metanet against any Losses resulting from such delay by Customer in so surrendering the space.
ANTI SPAM UBE/UCE POLICY
Introduction
Metanet
Communications, Inc. (Metanet Hosting),
has zero tolerance for Unsolicited Broadcast
Email and Unsolicited Commercial Email (UBE/UCE,
commonly known as Spam) whether
originating from customers, from customers'
customers, or from customers that provide
services which are used to support UBE/UCE.
Definition
METANET
defines UBE/UCE as unsolicited broadcast
or commercial email that is sent to addresses
that do not affirmatively and verifiably
request such material from that specific
sender, including but not limited to advertising,
surveys, information pieces, third party
spamming, website addresses, sales, and
auctions.
The
Policy
(1)
METANETs customers, and customers
of METANET customers or any downstream customers,
are prohibited from sending and shall not
allow their connection to METANET to be
used for sending UBE/UCE. Mail senders are
required to maintain records that verify,
on a case by case basis, that explicit affirmative
permission was obtained from recipients
before mailing. Lack of such records can
be considered, at METANETs sole discretion,
proof that permission was not obtained.
(2)
METANET customers are responsible for ensuring
that they, their customers, and their respective
agents and contractors abide by this policy.
METANETs customers will be held responsible
for all traffic either sent via their connection
to METANET or sent elsewhere using support
services provided via their connection to
METANET. "Support services" includes
hosting websites, electronic mailboxes,
telephony gateways, IRC servers, sale of
spamming software or other similar services.
Customers are also responsible for ensuring
that they do not advertise or promote themselves
through UBE/UCE.
(3)
METANET may charge customer and customer
shall pay $1000.00 per valid UBE/UCE complaint
of which METANET is notified.
(4)
If METANET receives a complaint, it will
be forwarded to customer for a response
and complete resolution. If within twenty-four
(24) hours there is no response indicating
complete resolution, METANET may block traffic
to and from the IP address involved in the
UBE/UCE complaint until METANET is convinced
that the problem is resolved and preventative
measures have been implemented to prevent
the violation from recurring. If METANET
receives repeat complaints indicating that
a problem has not been resolved, METANET
may block traffic to and from the IP address(es)
or, in its sole discretion, to the customer
involved in the UBE/UCE complaint until
METANET is convinced that the problem is
resolved. The customer is responsible for
all UBE/UCE that passes through its connection
to METANET.
(5)
METANET also reserves the right to block
traffic to and from the IP address(es) involved
in hacking, and/or port scanning.
(6)
Customers whose connection to METANET is
used to provide services to support UBE/UCE
are subject to suspension of services upon
two (2) hours notification.
(7)
If you run a mailserver, you must maintain
a mailbox and read mail to postmaster@(your
domain).
(8)
In addition, from time to time, METANET
blocks third party IP addresses that METANET
believes are used for the distribution of
UBE/UCE or are designated as open relays.
Any blocking of such IP addresses shall
prevent METANET customers from sending or
receiving traffic to and from such IP addresses.
What
does this mean?
(1)
You must provide us with contact information
for us to notify you regarding compliance
with these provisions. E-mail and phones/cell
phones are best, but we will attempt contact
via pager as well.
(2)
You must educate your customers about UBE/UCE
to ensure compliance with these provisions.
(3)
You must promptly investigate and satisfactorily
deal with any UBE/UCE complaints forwarded
to you.
(4)
When using a mailing list, you must confirm
that the recipients on the mailing lists
have requested or otherwise affirmatively
accepted receipt of any materials to be
sent by you.
(5)
If you host websites, we suggest that you
use a minimum of one IP address per customer
so that METANET has the ability to block
only that customer which is distributing
UBE/UCE.
Why
this Policy?
Unlike
senders of traditional "junk mail"
who are required to pay for envelopes, materials
and postage, senders of UBE/UCE can, given
the nature of the internet, impose enormous
costs on the recipients of their messages
at little or no cost to themselves. Costs
imposed on UBE/UCE recipients include ISP
bandwidth used to deliver UBE/UCE, additional
IP infrastructure needed to handle UBE/UCE,
and time and money wasted in filtering out
and deleting UBE/UCE. METANET believes that
users of the internet should not be forced
to incur such expenses without their consent.
As a result, METANET believes that the elimination
of UBE/UCE will result in a better and less
expensive internet experience for all internet
users and will allow METANET to provide
better and more efficient service to its
customers
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