Acceptable Use Policy & Term of Service
Mountain View Internet ("The Company") agrees to
furnish services to the Subscriber, subject to the following TOS (Terms
Use of Mountain View Internet Service constitutes
acceptance and agreement to Mountain View Internet's AUP as well as
Mountain View Internet's TOS (Terms of Service).
All provisions of this contract are subject to the
TOS (Terms of Service) of Mountain View Internet and AUP (Acceptable Use
Policy). The AUP may be changed from time to time at the discretion of
the Company. Subscriber understands that change to the AUP by the
Company shall not be grounds for early contract termination or
Customer warrants, represents, and covenants to
Mountain View Internet that
(a) You are at least eighteen (18) years of age;
(b) You possess the legal right and ability to enter
into this Agreement;
(c) You will use the Services only for lawful
purposes and in accordance with this Agreement and all applicable
policies and guidelines;
(d) You will be financially responsible for the use
of your account;
(e) You have acquired or will acquire all
authorizations necessary for hypertext links to third-party Web sites or
(f) You have verified or will verify the accuracy of
materials distributed or made available for distribution via the
Services, including, without limitation, your content, descriptive
claims, warranties, guarantees, nature of business, and address where
business is conducted, and
(g) Your content does not and will not infringe or
violate any right of any third party (including any intellectual
property rights) or violate any applicable law, regulation or ordinance.
(h) Premium Hosting (the
following (H) policies deal with our Premium Hosting Clients only, other
clients continue to Unacceptable Use)
Client understands that they will receive up to
30 minutes of web site revisions per month. Minutes are
non-cumulative. This provision is intended to help clients keep
their web site information fresh and up to date. It is not intended
as a way to redesign your existing web site. Services are limited to
minor web site revisions, which would include text changes and
replacement of images. Services to not include: photo enhancements,
new design work, additional pages, CGI forms or programming, or
Mountain View Internet will work client revisions
up to the allotted 30 minutes. We will notify client of any items
that were not completed. The client has the option to have us
complete work at our hourly rate, or to have us complete it in a
future month. Mountain View Internet will not be responsible for
dividing client work projects. You must submit work requests each
The following are NEVER permitted on any Mountain View Internet servers
at any time, for any reason:
of any kind or description is not permitted. There are NO exceptions.
sites, sex-toys, Pornography, Pornographic Web pages, Web Sites, URLís
(links to sex, porn sites, etc) are NEVER permitted. This includes Soft
Porn, and Sex/Porn Games or links to any off the items mentioned in (b)
are NEVER permitted.
Pirated, Hacked, Cracked software or programs or serial
numbers/keys/programs used to violate copyrighted software, or links to
sites that provide any information including scripts, programs, or
downloads are NEVER permitted. Violators will be reported to the
appropriate authorities or software companies.
express information, links, files that are used to Hack, Crack, Phreak,
and any other form of malicious activity that will violate the privacy
or property of any individual is NEVER permitted. This includes but is
not limited to instructions for obtaining private information legally,
for instructions on how to disrupt, destroy, damage the personal
property of any individual, organization, or company, is NEVER
storage of commercial software, video, motion picture, music, ebook, or
any item that is licensed/copyrighted/trademarked, for download is NEVER
permitted, this way the piracy prohibition cannot be abused. (The only
exceptions are software companies who sell their software and show proof
of ownership, OR licensed vendors, who must show proof of licensing.)
storage of any Music, Motion Pictures, Videos, Pictures, Photographs,
Books, E-books in any file format that is copyrighted and not owned by
the Account Owner is NEVER permitted. This includes, but is not limited
to: mp3ís, oogís, wavís, midís, wmaís, mpegís of any format, aviís and
any other multimedia file format not mentioned here. These are NEVER
use of any graphic, logo, trademarkís that are copyrighted and/or are
protected by law are NEVER permitted.
email services are NEVER permitted. This means you can give email
accounts away to clients/friends. What you CANNOT do, is offer free
email accounts from your website. NO EXCEPTIONS.
File Servers: This means you can keep your files and your files that are
backed up. What is NOT permitted are massive file libraries like those
for gaming backgrounds, etc. If you think you may conflict with this,
email us at
email@example.com with a description of what you wish to
store on the server. We probably allow it.
to Law Enforcement: The AUP specifically prohibits the use
of our service for illegal activities. Therefore, Subscriber agrees that
the Company may disclose any and all subscriber information including
assigned IP numbers, account history, account use, etc. to any law
enforcement agent who makes a written request without further consent or
notification to the Subscriber. In addition Mountain View Internet shall
have the right to terminate all service set forth in this Agreement.
Rates: Subscriber acknowledges that the nature of the
service furnished and the initial rates and charges have been
communicated to Subscriber. Subscriber is aware that the Company may
prospectively change the specified rates and charges from time to time.
The promotional offer is contingent upon Company achieving and
maintaining its cost of service goals including but not limited to rates
charged to company by its suppliers.
Establishment of this service is dependent upon receipt by the Company
of payment of stated charges. Subsequent payments are due on the
anniversary date of the month for that month's service. The above
applies to all accounts and services provided by Mountain View Internet.
Fees: Service will be interrupted on accounts that reach
10 days past due. If your account is suspended for thirty days (30) for
non-payment, the thirtieth (30th) day your account will be DELETED. If
you desire to cancel your account, please follow the proper procedure to
do this as outlined in this TOS.
Disputes: All payments to Mountain View Internet are
nonrefundable. This includes the one time setup fee and subsequent
charges regardless of usage. All overcharges or billing disputes must be
reported within 60 days of the time the dispute occurred.
Pay: Mountain View Internet may temporarily deny service
or terminate this Agreement upon the failure of Subscriber to pay
charges when due. Such termination or denial will not relieve Subscriber
of responsibility for the payment of all accrued charges, plus
reasonable interest and any collection fees.
Cancellation: Requests for canceling accounts may be made
in writing with at least 10 days notice but not more than 60 days prior
View Internet's method of cancellation is via the members section of
your Mountain View Internet account. Please log into the members section
and you can request to have your account cancelled there.
have all account information to cancel. Without these information the
account closure will not be completed.
acknowledges that the service provided is of such a nature that service
can be interrupted for many reasons other than the negligence of the
company and that damages resulting from any interruption of service are
difficult to ascertain. Therefore, subscriber agrees that the company
shall not be liable for any damages arising from such causes beyond the
direct and exclusive control of the company. In no event shall the
company be liable for any special or consequential damages, loss or
Boundaries: Mountain View Internet, provides technical
support to our subscribers (except for few holidays and short company
meetings when we close our center.) We limit our technical support to
our area of expertise. The following is our guidelines when providing
support: Mountain View Internet provides support related to your account
functioning. Mountain View Internet does not offer tech support for
application specific issues such as cgi programming, html or any other
such issue. Mountain View Internet does not provide technical support
for YOUR customers. If you are able to get online and have other
questions, the answers may be on our home page, we encourage you to
check there first. Lastly, the Help files in the program you are using
may have the answer to your question so please do investigate these
resources before contacting tech support.
Unsolicited Commercial Email (UCE): Mountain View Internet
takes a zero tolerance approach to the sending of Unsolicited Commercial
Email (UCE) or SPAM over our network. Very simply this means that
customers of Mountain View Internet may not use or permit others to use
our network to transact in UCE. Customers of Mountain View Internet may
not host, or permit hosting of, sites or information that is advertised
by UCE from other networks. In addition, it is not acceptable to
transmit bulk email through remote SOCKS, HTTP or other similar proxies
who in turn make a SMTP (TCP port 25) connection to the destination mail
servers. This technique may result in account suspension or termination.
Violations of this policy carry severe penalties, including termination
of service. In order to prevent unnecessary blacklisting due to spam we
reserve the right to occasionally sample bulk email being sent from
Mountain View Internet's SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy, Mountain
View Internet will initiate an immediate investigation (within 48 hours
of notification). During the investigation, Mountain View Internet may
restrict customer access to the network to prevent further violations.
If a customer is found to be in violation of our SPAM policy, Mountain
View Internet may, at its sole discretion, restrict, suspend or
terminate customer's account. Further, Mountain View Internet reserves
the right to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. Mountain View
Internet will notify law enforcement officials if the violation is
believed to be a criminal offense.
violations of this policy will result in an "Administrative Fee" of $250
and your account will be reviewed for possible immediate termination. A
second violation will result in an "Administrative Fee" of $500 and
immediate termination of your account. Users who violate this policy
agree that in addition to these "Administrative" penalties, they will
pay "Research Fees" not to exceed $175 per hour that Mountain View
Internet personnel must spend to investigate the matter. PLEASE, DO NOT
SPAM from your account.
Customers are ultimately responsible for the actions of their clients
over the Mountain View Internet network, it is advisable that Customers
develop a similar, or stricter, policy for their clients.
Anyone hosting websites that support spammers or cause any of our IP
space to be listed in any of the various Spam Databases will have their
account immediately removed from our server.
Ownership: If Mountain View Internet assigns Customer an
Internet Protocol address for Customer's use, the right to use that
Internet Protocol address shall belong only to Mountain View Internet,
and Customer shall have no right to use that Internet Protocol address
except as permitted by Mountain View Internet in its sole discretion in
connection with the Services, during the term of this Agreement.
Mountain View Internet shall maintain and control ownership of all
Internet Protocol numbers and addresses that may be assigned to Customer
by Mountain View Internet, and Mountain View Internet reserves the right
to change or remove any and all such Internet Protocol numbers and
addresses, in its sole and absolute discretion. Our allocation of IP
addresses is limited by ARIN's new policies. These new policies state
that use of IP addresses for IP based virtual hosts will not be accepted
as justification for new IP addresses. What this means to you is that
you MUST use name-based hosting where possible. We will periodically
review IP address usage, and if we find that clients are using IP
addresses where name-based hosting could be used, we will revoke
authorization to use those IP addresses that could be used with
and Disk Usage: Customer agrees that bandwidth and disk
usage shall not exceed the number of megabytes per month for the
Services ordered by Customer on the Order Form (the "Agreed Usage").
Mountain View Internet will monitor Customer's bandwidth and disk usage.
Mountain View Internet shall have the right to take corrective action if
Customer's bandwidth or disk usage exceeds the Agreed Usage. Such
corrective action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services, or termination
of this Agreement, which actions may be taken is in Mountain View
Internet's sole and absolute discretion. If Mountain View Internet takes
any corrective action under this section, Customer shall not be entitled
to a refund of any fees paid in advance prior to such action. In the
event that a customer exceeds the included allocation.
Network Security: Users are prohibited from violating or
attempting to violate the security of the Mountain View Internet
Network. Violations of system or network security may result in civil or
criminal liability. Mountain View Internet will investigate occurrences,
which may involve such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting Users who are involved in
such violations. These violations include, without limitation:
data not intended for such User or logging into a server or account,
which such User is not authorized to access.
to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization
and can result in immediate suspension of all services.
to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail bombing"
or "crashing" or ANY activity that disrupts the normal service at any
TCP/IP packet header or any part of the header information in any e-mail
or newsgroup posting.
action in order to obtain services to which such User is not entitled.
services that are the property of Mountain View Internet is strictly
forbidden and will result in immediate suspension of service.
Notification of Violation:
View Internet is under no duty to look at each customer's or user's
activities to determine if a violation of the AUP has occurred, nor do
we assume any responsibility through our AUP to monitor or police
violation: Any User, which Mountain View Internet
determines to have violated any element of this Acceptable Use Policy,
shall receive an email, warning them of the violation. The service may
be subject at Mountain View Internet's discretion to a temporary
suspension pending a User's agreement in writing, to refrain from any
Violation: Users that Mountain View Internet determines
to have committed a second violation of any element of this Acceptable
Use Policy shall be subject to immediate suspension or termination of
service without further notice.
the right, to drop the section of IP space involved in Spam or
Denial-of-Service complaints if it is clear that the offending activity
is causing great harm to parties on the Internet. In particular, if open
relays are on your network or a customer's network, or if denial of
service attacks are originating from your network. In certain rare
cases, we may have to do this before attempting to contact you. If we do
this, we will contact you as soon as is feasible.
of Service or Cancellation: Mountain View Internet
reserves the right to suspend network access to any customer if in the
judgment of the Mountain View Internet network administrators the
customer's server is the source or target of the violation of any of the
other terms of the AUP or for any other reason which Mountain View
Internet chooses. If inappropriate activity is detected, all accounts of
the Customer in question will be deactivated until an investigation is
complete. Prior notification to the Customer is not assured. In extreme
cases, law enforcement will be contacted regarding the activity. The
customer will not be credited for the time the customer's machines were
View Internet reserves the right to amend its policies at any time. All
Sub-Networks, resellers and managed servers of Mountain View Internet
must adhere to the above policies. Failure to follow any term or
condition will be grounds for immediate Cancellation. You will be held
responsible for the actions of your clients in the matter described on
these Terms and conditions. Therefore, it is in your best interest to
implement a similar or stricter Terms and conditions or otherwise called
Indemnification: Mountain View Internet wishes to
emphasize that in agreeing to the Mountain View Internet Acceptable Use
Policy (AUP) and Terms of Service (ToS), customer indemnifies Mountain
View Internet for any violation of the Acceptable Use Policy (AUP) and
Terms of Service (ToS) that results in loss to Mountain View Internet or
the bringing of any claim against Mountain View Internet by any
third-party. This means that if Mountain View Internet is sued because
of a customer's or a customer of a customer's activity, the customer
will pay any damages awarded against Mountain View Internet, plus all
costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and
keep current, good contact information. E-mail, fax, and telephone
contacts are used, in that order of preference, and are the
users/clients responsibility to update and maintain as current.
shall not transfer or assign this Agreement without the prior written
consent of Mountain View Internet. Company may assign Agreement at
anytime without consent from or notice to Subscriber. Company reserves
right to cancel customers rights under this contract at anytime without
View Internet takes no responsibility for any material input by others
and not posted to the Mountain View Internet Network by Mountain View
Internet. Mountain View Internet is not responsible for the content of
any other websites linked to the Mountain View Internet Network; links
are provided as Internet navigation tools only. Mountain View Internet
disclaims any responsibility for any such inappropriate use and any
liability to any person or party for any other person or party's
violation of this policy.
View Internet is not responsible for any damages or loss of data that
results in loss of income. Mountain View Internet will never reimburse
any person, persons, organization or business for downtime or loss of
data. Mountain View Internet does not make implied or written warranties
for any of our services. Mountain View Internet denies any warranty or
merchantability for a specific purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery, and any and all
service interruptions caused by Mountain View Internet.
Responsibility for Content: You, as Mountain View
Internet's customer, are solely responsible for the content stored on
and served by your Mountain View Internet server.
agrees not to remove, modify or obscure any copyright, trademark or
other proprietary rights notices that appear on Software Products or
that appear during the use of Software Products. Customer further agrees
not to reverse engineer, decompile, or disassemble the Software
Service: Mountain View Internet reserves the right to
refuse service to anyone at any time for any reason.