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ACCEPTABLE USAGE POLICY (AUP) This Acceptable Usage Policy (AUP) governs the use of MMM Internet's web hosting service. Violation(s) of this AUP may result in a suspension or complete termination of your service. In the event of a dispute between you and MMM Internet regarding the interpretation of this AUP, MMM Internet's interpretation, in its reasonable commercial judgment, shall govern. This AUP is not intended to encompass all possible unacceptable uses of MMM Internet's hosting services. Further to this, MMM Internet reserves the right to determine what constitutes unacceptable use of MMM Internet services and we reserve the right to take action at our sole discretion. If you have any questions regarding this AUP, contact
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Offensive Content You may not publish or transmit via MMM Internet's service any content that MMM Internet reasonably believes: constitutes pornography, child pornography or bestiality; is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; is defamatory or violates a person's privacy; creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement; improperly exposes trade secrets or other confidential or proprietary information of another person or entity; is intended to assist others in defeating technical copyright protections; clearly infringes on another person's or entity's trade or service mark, patent, or other property right; promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to MMM Internet; or is otherwise malicious, fraudulent, or may result in retaliation against MMM Internet by offended viewers. Content "published or transmitted" via MMM Internet's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by MMM Internet. Security
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically unless otherwise directed or instructed by MMM Internet. Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
- you are otherwise permitted by established United States copyright law to copy the work in that manner.
MMM Internet will terminate the service of repeat copyright infringers. Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the MMM Internet network, please send your written notice of copyright infringement to: MMM Internet - Legal Department 202-6400 Millcreek Dr #15 Mississauga, Ontario L5N 3E7 Canada Your notice must include the following: - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MMM Internet to locate the material;
- Information reasonably sufficient to permit MMM Internet to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Other
You must have valid and current information on file with your domain name registrar for any domain hosted on the MMM Internet network. Internet Abuse
You may not engage in illegal, abusive, or irresponsible behavior, including: - Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to MMM Internet and its customers) without express authorization of the owner of the system or network;
- monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
- Any conduct that is likely to result in retaliation against MMM Internet's network/server(s).
- Use of MMM Internet's network in a way that unreasonably interferes with MMM Internet's other customers use of the network
Disclaimer
MMM Internet is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the MMM Internet network. Inquiries regarding this policy should be directed to
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SPAM POLICY See our Spam Policy page. If you have any complaints or comments regarding spam on our network, please email them to
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SERVER USE POLICY MMM Internet hosting plans are to be used by the primary owner only. Clients are not permitted to resell, store or give away web-hosting services of their website to other parties, unless they have prior permission from MMM Internet, or are using one of our Reseller Plans. MMM Internet reserves the right to refuse service and / or access to its servers to anyone it deems necessary. All services provided by MMM Internet may only be used for lawful purposes. Transmission, storage, or presentation of any information, data or material in violation of any, but not limited to, Canadian, Provincial or local law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, and material we judge to be threatening or obscene. Also prohibited are sites that promote any illegal activity or present content that may be damaging to MMM Internet servers. Links to such materials are also prohibited. Any illegal activity, including illegal adult content, links to illegal adult content web sites, spamming, cracking, hacking or phishing will result in your site being shut down and all your files deleted without warning. Adult content is not allowed. MMM Internet does not support the use of third party mailing programs on our clients accounts unless otherwise stated on MMM Internet's web site(s). We offer Formmail for secure scripts, Mailman mailing lists, and Exim as our core mail server. As we cannot ascertain the security of these tools we must, in the interest of the security of our shared environment, enforce an outright ban on the use of third party mailing tools. We DO NOT allow Internet-Relay-Chat ("IRC") or IRC bots to be operated on our servers. MMM Internet will be the sole arbiter as to what constitutes a violation of this provision. HIGH RESOURCE USER POLICY Resources are defined as cpu utilization and / or resource manipulation. MMM Internet's servers represent a production web environment. MMM Internet will not tolerate the use these servers as a scripting test environment. When a website is found to be monopolizing the resources available. MMM Internet reserves the right to suspend or terminate that account immediately. MMM Internet may implement this policy to its sole discretion. UNLIMITED MONTHLY TRANSFER POLICY Certain MMM Internet shared hosting accounts offer Unlimited Monthly Transfer. Unlimited traffic refers to industry standard web documents such as HTML, JPEG and GIF. Other files are subject to additional transfer fees on a per month basis; this includes, but is not limited to, zip, exe, mp3, rm, etc... BACKUP POLICIES All account data backups are the account holder's responsibility. MMM Internet is NOT responsible for your data backup or subsequent loss. We recommend purchasing a dedicated server with redundant drives for mission critical websites or systems that require absolute redundancy. PAYMENT POLICIES All accounts are set up on a prepay basis. MMM Internet reserves the right to change prices of accounts or services at any time. Invoices will be generated up to 15 days in advance of the due date. Prepayment is due every anniversary month and/or year following the date the account was established. Clients will automatically be charged at this time unless email cancellation request has been confirmed by MMM Internet. Cancellation requests must be sent to
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at least five business days prior to your next billing date. In situations where there is an outstanding balance MMM Internet will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, MMM Internet reserves the right to suspend other services until the outstanding debt is cleared. The client is responsible for all money owed on the account from the time it was established to the time that the client sends an emailed cancellation request. All invoices will be sent directly to clients via email shortly after the online purchase has been made. At this point the client's card will be charged automatically. CANCELLATION AND REFUNDS MMM Internet reserves the right to cancel a client's account at any time, if it is found that the client contravened MMM Internet's terms of service. The client's account will be terminated immediately, and a refund will not be provided. Clients may cancel their account at any time. If a client cancels during the initial 30 days the client will receive a full refund of all hosting charges minus a $65.00 (Canadian funds) set-up charge. We cannot, under any circumstances, provide refunds on domain name purchases as they are purchased through a third party and registered with the purchaser. There are no refunds for clients after the initial 30 days. We do not provide pro-rata refunds. INDEMNIFICATION Client agrees that under no circumstances, will MMM Internet, MMM Internet's employees, representatives or its parent companies or affiliated companies be held liable for damages exceeding the actual amount paid by a customer. Client agrees to use all MMM Internet services and facilities at their own risk. Client agrees that it shall defend, indemnify, save and hold MMM Internet harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against MMM Internet, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product/service sold by client, its agents, employees or assigns. client agrees to defend, indemnify and hold harmless MMM Internet against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with MMM Internet's servers; (2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products/services sold to client from MMM Internet's server. Due to some technological limitations with our domain partner TUCOWS, some domain information may be registered to MMM Internet as a contact. You will still own the domain. This is a simple requirement to allow for our automatic domain registration and renewal. DISCLAIMER MMM Internet will not be responsible for any damages your business may suffer, be it direct, indirect or consequential. MMM Internet makes no warranties of any kind, expressed or implied for services we provide. MMM Internet disclaims any warranty or merchantability. Every client is required to backup their own data, files and databases. MMM Internet does not guarantee to backup customer information. ENFORCEMENT If a Client is found in violation of any of MMM Internet's Policies or, in MMM Internet's judgment, could be in violation of, MMM Internet's policies, MMM Internet reserves the right to charge the Client an administrative fee NO LESS THAN $100.00 (Canadian Funds). If you have any queries regarding our Terms of Service, please email us. |
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