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ABUSE OF THE LEGAL RIGHTS OF OTHERS:

Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. MouseBytes supports free speech on the Internet, and will not suspend or cancel a customer’s account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer’s on-line activity has violated the legal rights of a third party, MouseBytes will not substitute itself for a court of law in deciding tort claims raised by the third party.

ABUSE OF THE LAW:

MouseBytes services may be used for lawful purposes only. Illegal use includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. MouseBytes reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

PORNOGRAPHY:

Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of MouseBytes servers.

ABUSE OF SERVER RESOURCES:

Running programs in the background on a MouseBytes server without prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of MouseBytes servers. Further, any usage of twenty percent (20%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds twenty percent (20%) of system resources, you will be contacted and asked to eliminate the problem.


HACKING/CRACKING:

MouseBytes reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

OTHER BEHAVIOR:

The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask by sending us email to abuse@MouseBytes.com

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; Attempt to circumvent any user authentication or security of host, network, or account; Accessing data not intended for user; Probing the security of any network; Spawning dozens of processes; Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop; Promulgation of viruses; IRC bots such as eggdrop or BitchX; Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user, including suspension or termination.

CLIENT RESPONSIBILITY:

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. Use of MouseBytes service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of MouseBytes to provide this knowledge or support outside matter specific to MouseBytes servers.

BACKUPS:

Full backups are made weekly, and backups of new/changed data 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 clients’ responsibility to maintain local copies of their web content any information. If loss of data occurs due to an error of MouseBytes, MouseBytes will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, MouseBytes will attempt to recover the data from the most recent archive for a $100.00 fee.

IP NUMBERS:

MouseBytes maintains control and any ownership of any and all I.P. numbers that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

MONEY BACK GUARANTEE:

Should you become unsatisfied with our services within the first 30 days of your account activation, MouseBytes will refund your hosting fee.

If your account has been pre-paid, and more than 30 days has passed, you will be refunded on a pro-rated basis, based on regular monthly charges for your account

MouseBytes does not refund setup or domain registration fees.

PRIVACY:

MouseBytes respects the privacy of all its clients.  All account information is kept strictly confidential.  NO credit card numbers are kept on the server.  A hard copy of each order is kept on file, and any information collected is used for our purposes only.  No information is ever sold or knowingly given out to any third party. 
 
LIMITATION OF LIABILITY:

MouseBytes shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from MouseBytes servers going off-line or being unavailable for any reason whatsoever. Further, MouseBytes shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of MouseBytes servers. All damages shall be limited to the immediate termination of service.

MouseBytes shall be the sole arbiter of what is and is not a violation of these acceptable use policies. MouseBytes reserves the right to terminate an account at any time and for any reason that causes harm to any MouseBytes customer's web sites. MouseBytes reserves the right to delete all content and files upon termination. MouseBytes reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. MouseBytes reserves the right to refuse, cancel, or suspend service at our sole discretion.

MouseBytes reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.

Violations of these Policies should be referred to
abuse@MouseBytes.com

All complaints will be investigated promptly.

Placing an order confirms that you agree and understand, and will abide by these rules and regulations.

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