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Acceptable Use Policy


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:

Illegal Activity

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.




Net Abuse

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

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.


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) METANET’s 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 METANET’s 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. METANET’s 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

 

































































































































































































































 
   2002 Metanet - Legal Information
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