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Acceptable Use Policies

General Information

Mad Moose Hosting customers are prohibited from transmitting on or through any of Mad Moose Hosting's services, any material that is, in Mad Moose Hosting's sole discretion, unlawful, obscene, threatening, abusive, defamatory, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law.

In general, you may NOT use your Mad Moose Hosting account:

1. In a manner which violates any law, regulation, treaty or tariff. 2. In a manner which violates the rules, regulations and policies of any network, server, web site, database or service provider that you access through your Mad Moose Hosting account. 3. In a manner which is defamatory, fraudulent, indecent, offensive or deceptive. 4. To threaten, harass, abuse or intimidate others. 5. To damage the name or reputation of Mad Moose Hosting, its parent, affiliates and subsidiaries. 6. To break security on any computer network, or to access an account which does not belong to you. 7. In a manner which interferes with other customers' use and enjoyment of the services provided by Mad Moose Hosting.

Mad Moose Hosting's services may only be used for lawful purposes. Transmission, distribution or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Mad Moose Hosting reserves the right to remove such illegal material from its servers or to immediately and without notice terminate the services of a subscriber found in violation of this policy.

Mad Moose Hosting reserves sole discretion to determine whether any use of the service is a violation of this policy. Guidelines for using your account follow. This information is only a guideline, and is not intended to be all-inclusive.

Web Sites

Mad Moose Hosting provides storage space and access for web sites through its Web services. Mad Moose Hosting will not routinely monitor the contents of your web sites. You are solely responsible for any information contained on your web site. However, if complaints are received regarding language, content or graphics contained on your web site, Mad Moose Hosting may, at its sole discretion, remove the web site hosted on Mad Moose Hosting servers and terminate your Web service. You agree to promptly reimburse Mad Moose Hosting for any reasonable expenses it incurs (including attorney's fees) in defending itself form third party claims relating to any of the content (whether created by you, your customers or your users) contained on your website.

You may not use your web site to publish material which Mad Moose Hosting determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example).

Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards. Objectionable content is otherwise legal content with which Mad Moose Hosting concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates.

Examples of prohibited web site content:

Material which encourages the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual orientation, disability or political affiliation.

Mad Moose Hosting reserves the right to suspend network access to any subscriber if in the judgment of Mad Moose Hosting, the subscriber's account is the source or target of a violation of any of the terms of our acceptable use policies, or for any other reason which Mad Moose Hosting deems necessary.

Your subdomains are allowed to be used for any legal purpose. You may not sell the subdomain space to others, nor may you point other domain names to your subfolders.

If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until our investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber's accounts were suspended if the subscriber is found to be at fault.

Electronic Mail

Certain Mad Moose Hosting accounts give you the ability to send and receive electronic mail. Mad Moose Hosting maintains a ZERO tolerance policy in regards to SPAM. We do not tolerate spam mailings and any account that is used to send such will be terminated without notice. Any account terminated for spam is subject to a $300 administration fee charged directly to the credit card on file. Additionally, any losses incurred by Mad Moose Hosting due to violation of this policy will be the direct responsibility of the account holder.

You may not use your account to send unsolicited bulk or commercial messages (spam). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it.

You may not use your account to collect responses from unsolicited bulk or commercial email sent from accounts with other providers. Forging, altering or removing electronic mail headers is prohibited. You may not send numerous copies of the same or substantially similar message, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account (mail bombing). You may not use electronic mail to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving email, you must not send that person any further messages. You may not forward or otherwise propagate chain letters whether or not such messages solicit money or other items of value and whether or not the recipient wishes to receive such mailings.

Payment

Establishment of this service is dependent upon receipt of payment of stated charges by Mad Moose Hosting. Subsequent payments are due on the anniversary date of the month for that month's service or whichever is the selected billing cycle.

You are responsible for keeping your billing data with Mad Moose Hosting and our payment centers up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination and may subject the offender to civil or criminal liability.

Failure to Pay

Mad Moose Hosting may temporarily deny or terminate service upon your failure to pay the charges when due. Such termination or denial will not relieve you of responsibility for the payment of all accrued charges and collection fees.

Account Cancellation

You may cancel your account at any time online via the Help Center (Our Baby Homepage and Mad Moose Forum customers use your site's admin control panel). Cancellations are never accepted via email. If requesting a cancellation, we ask that you briefly explain your reasons for doing so. Cancellations take effect immediately unless a target date is requested. We do not prorate monthly fees or provide refunds for unused time - you must cancel an account no less than 24 hours before payment is due to prevent billing. Account resumption is possible by opening a service ticket within 5 days of cancellation.

Refunds

If you are not satisfied with Mad Moose Hosting's services, you may request a refund within 30 days of the commencement of service and be refunded all fees paid-to-date less any additional over-usage and domain registration fees. Domain fees are NOT refundable. Terminated accounts are not eligible for refunds if the termination occurred due to a violation of our acceptable use policies. Also read 'Cancellations' above.

Subscriber Acknowledgment

By subscribing to our services, you acknowledge that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Mad Moose Hosting and that damages resulting from any interruption of service are impossible to ascertain. Therefore, you agree that Mad Moose Hosting shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Mad Moose Hosting. You further acknowledge that Mad Moose Hosting's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall Mad Moose Hosting be liable for any special or consequential damages, loss or injury sustained by yourself or your clients or dependents.

Change of Nameservers

In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to Mad Moose Hosting's DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, nameserver change of domain names may be performed by Mad Moose Hosting on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessibility or cooperation by the domain name registration's registrar.

Support Boundaries

Mad Moose Hosting provides technical support to its subscribers. We limit our technical support to our area of expertise. Mad Moose Hosting only provides support related to the physical functioning of our service plan's features. Mad Moose Hosting does not provide technical support for your customers or users. The only way to request technical support is to utilize the Help Center located in the Mad Moose Hosting member's area control panel.

Bandwidth and Disk Usage

Your bandwidth and disk usage shall not exceed the maximum number of megabytes per month allocated for the service plan you subscribed to ("Agreed Usage"). Mad Moose Hosting will monitor your bandwidth and disk usage. Mad Moose Hosting shall have the right to take corrective action if your 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 Mad Moose Hosting's sole and absolute discretion, at any time deemed necessary by Mad Moose Hosting. If Mad Moose Hosting takes any corrective action under this section, you shall be entitled to a prorated refund of any fees paid in advance prior to such action. In any case, you will be warned of approaching or exceeded resource limits via email by Mad Moose Hosting's automated notification system.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, visitor or employee. Therefore, you must take steps to ensure that others do not gain access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Denial of Services, DDoS, Smurf and other service attacks started against your web site will effect the entire population of the Mad Moose Hosting Network, therefore your account will be subject to immediate termination.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account ("cracking"). This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other accounts. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not host within your account files used to hack, crack, decode or generate keys.

You may not attempt to interfere with service to any user, host, or network (denial of service attacks). This includes, but is not limited to, "flooding" of Hosting, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. Mad Moose Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Management

You are responsible for ensuring that the services obtained from Mad Moose Hosting are used in an appropriate manner by your customers and users. Therefore, you must take steps to manage the use of the services obtained from Mad Moose Hosting in such a way that network abuse is minimized. You must also make information publicly available about how to contact you, and you must respond in a timely manner to complaints concerning misuse of the services obtained from Mad Moose Hosting. Failure to responsibly manage the use of the services obtained from Mad Moose Hosting may be cause for termination of services to you.

You must designate one or more individuals to be responsible for every host, IP network or subnet connected to the Internet through the use of the services. You must provide contact names, phone numbers, and postal and email addresses (Contact Information) to any and all appropriate Domain Name Registrars prior to the initial network connection of your service. You must keep Contact Information updated and accurate at all times. Changes in the Contact Information must be sent to the appropriate Domain Name Registrars in a timely manner. Contacts must have the authority, access and tools necessary to configure, operate and control access to your systems.

For important timesharing hosts, primary domain name servers and mail relays or gateways, contacts must be accessible to Mad Moose Hosting via telephone 24 hours a day, 7 days a week. Every customer who allows third party access to the services provided by Mad Moose Hosting, whether such third parties are employees, users or customers, must maintain a postmaster address for the receipt of complaints by email. Messages delivered to the postmaster address must be reviewed and handled in a timely manner.

Network Performance

Mad Moose Hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination or suspension of your account without notice.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performance of Mad Moose Hosting systems or Hosting. Mad Moose Hosting reserves the right to terminate or limit such activities.

Denial of Services, DDoS, Smurf and other service attacks started against your web site will effect the entire population of the Mad Moose Hosting Network, therefore your account will be subject to immediate termination.

Internet Relay Chat

You may not use IRC scripts or programs that interfere with or deny service to other users on any other server, host, network or channel.

IRC BOTS ARE PROHIBITED!

You may not engage in activities which harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to disrupt service), "flashing" (disrupting terminal emulation), "takeovers" (improper seizing and abuse of operator privileges), attempting to send private messages to those who do not wish to receive them, attempting to return to a channel after being banned from it, and other disruptive behaviors.

You may not attempt to impersonate other users. The use of nicknames does not constitute impersonation. You may run "clones" (multiple simultaneous IRC connections) and "robots" only as permitted by the host IRC server.

Illegal Activity

Any activity on our network that is a violation of any state or federal law is a violation of this policy and will result in immediate termination of service.

Prohibited activities include, but are not limited to:

Transmitting obscene materials or child pornography Intentionally spreading or threatening to spread computer viruses. Gaining or attempting to gain unauthorized access to any network, including Mad Moose Hosting's private network infrastructure; accessing or attempting to access information not intended for you; transmitting pirated software; conducting or participating in illegal gambling; soliciting for pyramid and other illegal schemes.

Mad Moose Hosting does not permit any site that contains: (i) images (including on banner ads) of nude models that appear to be under the age of 18 (in Mad Moose Hosting's sole judgment), (ii) sexually explicit images (including on banner ads) of models that appear to be under the age of 18 (in Mad Moose Hosting's sole judgment); or (iii) sites containing language promoting child pornography together with any sexually explicit or nude images. As required by federal law in the United States, Mad Moose Hosting will report all offenders of this policy to the appropriate federal agency.

No Waiver

Mad Moose Hosting's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Mad Moose Hosting's right to subsequently enforce such provision or any other provisions under this Agreement.

Severability

If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

Applicable Law

This policy statement is subject to the governing laws of the State of Texas. Courts of competent jurisdiction in Dallas, Texas shall hear and decide any disputes.

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