Mental Madness Web Hosting Terms Of Service
Mental Madness Web Hosting ("Part of Mental Madness Radio") provides web hosting to clients worldwide, and we have a
responsibility to protect each client and to provide the best services available. All clients of
Mental Madness Web Hosting are subject to the following terms of service:
Indemnification Policy
You agree to use all Mental Madness Web Hosting services and facilities at your own risk. Mental Madness Web Hosting
specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall
Mental Madness Web Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special,
incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold
Mental Madness Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including
reasonable attorneys fees asserted against Mental Madness Web Hosting, its agents, its customers,
officers and employees, that may arise or result from any service provided or performed or agreed to be performed
or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold
harmless Mental Madness Web Hosting against liabilities arising out of: Any injury to person or property caused by
any products sold or otherwise distributed in connection with Mental Madness Web Hostings server.
Mental Madness Web Hosting reserves the right to intervene with any of the sites hosted on its' servers in the
interest of its' customers. Any material supplied by customer infringing or allegedly infringing on the proprietary
rights of a third party Copyright infringement any defective products sold to customer from Mental Madness Web Hostings
server. Mental Madness Web Hosting shall be the sole judge of what violates this Policy.
Billing:
At this time we bill monthly, depending upon the plan. If you are not satisfied within your first 15 days we would
be happy to provide you with a full refund. We accept PayPal For Audio Server and Web hosting plans we will not setup your account without
payment first.
Clients are encouraged to pay by paypal as it is the easiest way to handle payment at this time.
Their are no contract periods but for each successive period, your contract is NOT automatically renewed it is up to you to pay
for server on the first of each month.
*** Updated 4/28/2010 ***
All Servers are billed US Dollars, if you are in another county it will be your responsibility to make sure your payment is enough to cover
your Server payment at the current exchange rate.
Late Payments:
All accounts are billed according to the dates they were first activated on. If you will not pay for service or renew
within 5 days after deactivation, your account will be suspended and a $10.00 charge will be added to have the account reactivated.
If you will not pay for service or renew in 30 days after deactivation, your account will be terminated.
You will receive an email reminder and/or a Yahoo IM reminder 5 days till deactivation.
Acceptable Use Policy:
All services provided by Mental Madness Web Hosting 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
Mental Madness Web Hosting and its employees from any claims resulting from the use of the service which damages the
subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users
are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why
any action has been taken. Pornography is prohibited on all Mental Madness Web Hosting servers This includes sites that
include sexually explicit or hardcore images and/or advertising. We do not have a problem with sites of an adult nature,
but we do not allow pornographic sites. If you think your site may violate our Terms Of Service, please ask us before
signing up for an account so that we may determine if we can host your site. Mental Madness Web Hosting reserves the
right to determine what is and what isn't acceptable for our servers.
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. Subscriber further acknowledges that the
company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by
subscriber for services during the period damages occurred. In no event shall the company be liable for any special or
consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software
or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are
not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking,
Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and
copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content
or AUP violation are not refunded under any circumstances.
CGI Scripts:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to
disable any CGI script that effects normal server operation without prior warning.
Banned Scripts:
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them
include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
IRC egg drops
Proxy servers
Mail bombers
Anonymous mailers
IP spoofers
Port scanners
Hivemail
Telnet or SSH Access Scripts
nph-proxy (and other scripts what operates like proxy)
UBB (Ultimate Bulletin Board, all versions)
lstmrge.cgi
phpShell
FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.
File sharing sites such as Rapid Share and clones are Prohibited
Dolphin Social Site Software is Prohibited due to security issues!
Background Running Programs:
Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed extra
charges will be assessed based on resources on system maintenance needed.
IRC:
We currently do not allow IRC or IRC bots to be operated on our servers.
Commercial Advertising - Email:
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam,
flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any
of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our
servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email.
If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition,
we will impose a $500 penalty for each spam policy violation. We reserve the right to refuse or cancel service
to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will
result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to
a server is strictly prohibited.
LIMITATION OF LIABILITY:
Mental Madness Web Hosting shall not be responsible for any claimed damages, including incidental and
consequential damages, which may arise from Mental Madness Web Hosting servers going off-line or being unavailable
for any reason whatsoever. Furthermore, Mental Madness Web Hosting 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
Mental Madness Web Hosting servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Uses Policies should be referred to admin@musicworldsite.info. All complaints
will be investigated promptly.
DISCLAIMER:
Mental Madness Web Hosting 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 was functioning.
Certain services provided by Mental Madness Web Hosting are resold. Thus, certain equipment, routing, software,
and programming used by Mental Madness Web Hosting are not directly owned or written by Mental Madness Web Hosting .
Moreover, Mental Madness Web Hosting holds no responsibility for the use of our clients accounts. If any terms or
conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right
to remove any account without advanced notice for any reason without restitution as Mental Madness Web Hosting sees
fit. FURTHERMORE, Mental Madness Web Hosting retains the right to change any or all of the above Policies, Guidelines,
and Disclaimer without notification.