METAPROS
HOSTING ACCOUNT TERMS OF SERVICE AND
ACCEPTABLE USAGE POLICY
MetaPros
Website Solutions provides web hosting to many
clients, and we have a responsibility to protect
each client and to provide the best services
available. The following guidelines were designed
to ensure these obligations are met.
Furthermore,
these Policies, Guidelines, and Disclaimer are
intended for all domains residing on MetaPros
Website Solutions servers.
Content:
All services provided by MetaPros Website
Solutions 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, material we judge
to be threatening or obscene, or material protected
by trade secret and other statute. The subscriber
agrees to indemnify and hold harmless MetaPros
Website Solutions from any claims resulting
from the use of the service that damages the
subscriber or any other party.
Pornography
and sex-related merchandising is prohibited
on all MetaPros Website Solutions servers.
This includes sites that may infer sexual content,
or links to adult content elsewhere. MetaPros
Website Solutions 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 MetaPros Website Solutions 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
- Information
related to the misuse of credit cards, phones
and computers
- Occult
or satanic related material or links to such
material, even if legal, is not an acceptable
use of MetaPros' servers
- Website
material containing profanity, discrimination
towards other people (hate literature), or
material that advocates illegal or dangerous
acts is not an acceptable use of MetaPros'
servers.
- Any
Site that consumes more than 20% of system
resources
Following
are a list of sites that will often require
more than 20% of our systems resources: Multiple
domains residing at a single IP address, domains
with archives or galleries, (i.e. .gif, .jpg,
.exe, .zip, .tar, etc.), and domain accounts
offering download files.
MetaPros
Website Solutions will be the sole arbiter as
to what constitutes a violation of this provision.
If
your account is found to contain illegal activity,
Illegal MP3 Files, Pirated software, hacker
programs, Warez programs, or any other illegal
files, your account will be terminated immediately
without prior notice and a $50.00 handling fee
will apply. Also, proper authorities will be
notified.
Monthly
data transfer:
All hosting accounts have a maximum monthly
data transfer limit. The account's amount of data transfer used
and amount remaining is shown in the
"Resources Available" section of the
hosting account's Account Manager. The
monthly period begins on the first day of
the calendar month and ends on the last day of
the calendar month. It is
the client's responsibility to monitor the
account's
usage. If the usage approaches or exceeds
the limit, the client is to take steps to
either:
- prevent the usage from exceeding the maximum
(i.e. identify and remedy the cause of the high
usage - large graphic files,
etc), or
- Increase the transfer limit by upgrading
the account to one with a larger maximum data
transfer allocation, or by adding an "additional
data transfer" package to the account.
In the event that the account exceeds the
transfer limit, MetaPros will charge the account
per the billing policy.
Email - Commercial Advertising and/or Unsolicited
Email:
Spamming, or the sending of unsolicited email,
from any MetaPros Website Solutions server
or using an email address or domain that is
maintained on an MetaPros Website Solutions
machine as reference is STRICTLY prohibited.
MetaPros Website Solutions will be the
sole arbiter as to what constitutes a violation
of this provision.
Chat
Rooms:
We do not allow clients to install their own
chat rooms. These tend to be a large drain on
system resources and we cannot allow it as an
account option.
Background
Running Programs:
We may allow programs to run continually in
the background. These are considered on a case-by-case
basis and an extra charge will be incurred based
on system resources used and operational maintenance
needed.
IRC:
We currently do not allow IRC or IRC bots to
be operated on our servers.
Server
Abuse:
Any attempt to undermine or cause harm to a
server, or customer, of MetaPros Website
Solutions is strictly prohibited.
Refusal
of Service:
We reserve the right to refuse, cancel, or suspend
service at our sole discretion.
All
Sub-Networks, distributive hosting sites and
dedicated servers of MetaPros Website
Solutions must adhere to the above policies.
Backups:
Servers backups are made are made on a periodic
basis. No guarantees are made of any kind, either
expressed or implied, as to the integrity or
frequency of these backups. Backups are made
for server restoration purposes only. It is
the clients' responsibility to maintain local
copies of their web content and information.
If loss of data occurs due to an error of MetaPros,
MetaPros 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, MetaPros
will attempt to recover the data from the most
recent archive for a $50.00 fee.
Account
Activation and Usage:
By activating and continuing to use your account
with MetaPros Website Solutions, you agree
to the above policies and disclaimer. Failure
to follow any terms of service will be grounds
for immediate account deactivation without refund.
Refusal
Of Service:
We reserve the right to refuse, cancel, or suspend
service at our sole discretion.
Limitation
Of Liability:
MetaPros Website Solutions shall not be
responsible for any claimed damages, including
incidental and consequential damages, which
may arise from MetaPros Website Solutions
servers going off-line or being unavailable
for any reason whatsoever. Furthermore, MetaPros
Website Solutions 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 MetaPros
Website Solutions servers. All damages shall
be limited to the immediate termination of service.
Violations
of these Acceptable Uses Policies should be
referred to: abuse@metapros.net
Complaints made regarding abuses of an account
may be grounds for suspension though will be
investigated promptly for validity. MetaPros
Website Solutions is the sole arbiter as to
what constitutes a valid reason for account
closure.
DISCLAIMER:
MetaPros Website Solutions cannot be held
liable for system downtime, crashes, or data
loss. We cannot be held liable for any predicted
estimate of profits in which a client would
have gained if their site were functioning.
Certain services provided by MetaPros
Website Solutions are resold. Thus, certain
equipment, routing, software, and programming
used by MetaPros Website Solutions are
not directly owned or written by MetaPros
Website Solutions. Moreover, MetaPros
Website Solutions holds no responsibility for
the use of our clients' accounts. If any of
the terms of service are violated, the account
in question will be automatically deactivated.
We reserve the right to remove any account,
without advanced notice, for any reason, and
without restitution.
MetaPros Website Solutions retains the
right to change any or all of the above Policies,
Guidelines, and Disclaimer.
We also retain the right to increase any pricing,
and make changes to our account plans. Policy changes and plan changes will be posted on our website at http://www.metapros.net. Continued usage of the account after 30 days of the posted policy or plan changes, or payment on the account by the client constitutes the client's acceptance of the posted policy or plan changes.
The
agreement constitutes the entire agreement between
the parties hereto. The terms and conditions
of this agreement shall be interpreted and enforced
pursuant to the laws of the State of Kansas.
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