Acceptable Use Policy & Term of Service

Mountain View Internet ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

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 non-payment.

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 other content;

(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)

1. 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 graphic design.
    

2. 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 month.

UNACCEPTABLE USE:
The following are NEVER permitted on any Mountain View Internet servers at any time, for any reason:

(a) Nudity of any kind or description is not permitted. There are NO exceptions.

(b) Sex sites, sex-toys, Pornography, Pornographic Web pages, Web Sites, URL’s (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.

(c) Warez, 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.

(d) The 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 permitted.

(e) The 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.)

(f) The 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: mp3’s, oog’s, wav’s, mid’s, wma’s, mpeg’s of any format, avi’s and any other multimedia file format not mentioned here. These are NEVER permitted.

(g) The use of any graphic, logo, trademark’s that are copyrighted and/or are protected by law are NEVER permitted.

(h) Free 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.

(i) No 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 info@mountainviewinternet.com with a description of what you wish to store on the server. We probably allow it.

Disclosure 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.

 

Service 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.

 

Payment: 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.

 

Payments and 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.

 

Refund and 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.

 

Failure to 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.

 

Account Cancellation: Requests for canceling accounts may be made in writing with at least 10 days notice but not more than 60 days prior written notice.

 

Mountain View Internet's method of cancellation is via the members section of your Mountain View Internet account. Please log into the members section at http://www.mountainviewinternet.com/orders/client/browse_products.php and you can request to have your account cancelled there.

 

You must have all account information to cancel. Without these information the account closure will not be completed.

Subscriber 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 injury.

 

Support 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.

 

SPAM and 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 servers.

 

Violation of 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.

 

First 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.

 

As our 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.

 

IMPORTANT NOTICE:
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.

 

Network

IP Address 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 name-based hosting.

 

Bandwidth 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.

 

System and 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:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

 

Attempting 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.

 

Attempting 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 time.

 

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

 

Taking any action in order to obtain services to which such User is not entitled.

 

Selling services that are the property of Mountain View Internet is strictly forbidden and will result in immediate suspension of service.

 

Notification of Violation:

Mountain 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 Internet-related activities.

First 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 further violations.
 

Second 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.

We reserve 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.
 

Suspension 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 suspended.

Mountain 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 Acceptable Terms of use policy.

 

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.
 

Subscriber 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 further obligation.
 

Mountain 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.
 

Mountain 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.
 

Customer 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 Products.
 

Denial of Service: Mountain View Internet reserves the right to refuse service to anyone at any time for any reason.

info@mountainviewinternet.com