Manic Design accounts are bound by Manic Design's policies. Violation of these policies will result in warnings, account suspension, account termination, and/or legal action, depending on the severity of the violation.

Lawful use
Customers may not use Manic Design facilities and capabilities to conduct, or solicit the performance of, any illegal activity, or to conduct any other activity which infringes on the rights of Manic Design or any third party.

Inappropriate material
Manic Design accounts may not host or handle material that contains nudity, pornography, adult material, obscenity, discriminatory/hate propaganda, "warez", hacking-related material, material which promotes the illegal distribution of software, or any material that results in reasonable complaints from other customers or third parties.

Intellectual property rights
Customers may not upload or transmit any message, data, image or program that would violate the property rights of others. This includes the unauthorized transmission of copyrighted text, images, music, programs, or trade secrets or other confidential proprietary information, trademarks, service marks or trade names used in an infringing manner. Customers may not upload or transmit any information which is libelous or defamatory, or which violates or infringes on any right of privacy of any person.

Interference with service
There shall be no attempt to gain unauthorized access to Manic Design systems or accounts, disrupt service or network connectivity, misuse Manic Design facilities, or create fraudulent accounts.

Viruses
In the event that any virus or destructive element is found or furnished with any content, the customer will use their best efforts upon learning that such situation exists, to immediately eliminate the virus or destructive element. Customer will notify Manic Design as to the existence of any such virus or destructive element immediately upon discovery thereof, and Manic Design will have the right to take any steps it deems necessary to eliminate the virus or destructive element and to be reimbursed by the customer for its costs relating to any such commercially reasonable steps.

"Junk email" (SPAM, flames, and mail-bombs)
Manic Design servers and Manic Design-hosted domains may not be the source, intermediary, or destination address involved in the transmission of junk email, nor will they be listed in any junk email message. The use of Manic Design servers to send or relay junk email is prohibited. Manic Design defines "junk email" to be a mass unsolicited message in any medium. Violation will result in immediate termination of all services without refund. Fines and legal action may be imposed. Any customer who is repeatedly flamed/mail-bombed or attracts such behavior will be asked to leave. Manic Design's mailing list services are provided for use as discussion forums only, and may not be used to distribute unsolicited email. All users on a list must have personally subscribed to that list.

Subhosting
Manic Design services are provided for end users only. No subhosting or resale of any services, for fee or for free, is permitted.

Resource usage
Manic Design does not meter or explicitly limit site traffic (bandwidth). Bandwidth is not billed, but is drawn from a common pool shared by all accounts. Accounts using more than 10GB per month may be subject to certain restrictions.

CGI, FreeCGI, SSI, Miva, PHP, database services, and other CPU-intensive features utilize server CPU-time which is drawn from a common pool shared by all users on a particular system. Any site which monopolizes the CPU, causes disruption of service, or negatively impacts server performance will not be allowed.

Manic Design reserves the right to immediately terminate any harmful CGI process. Email accounts may not be used for permanent storage. Read mail (left on the server) is subject to removal after 30 days. Any account which, due to extraordinary resource utilization, negatively impacts other customers, will be required to reduce resource utilization, or move to a dedicated server environment.

Customer privacy
Manic Design respects the privacy of its customers, and will not sell or trade the names and addresses of its customers. Manic Design does not require customers to be listed in Manic Design's customer directory. Manic Design reserves the right to provide contact information upon request in matters relating to potential legal action, flagrant abuses, as required by law, or when appropriate contact information can not be found on the customer's website.

Criminal prosecution
There are numerous federal, state and international laws regulating the use of the Internet. Manic Design will not hesitate to initiate criminal prosecution and/or cooperate with government agencies relating to abuse of Manic Design's services or systems.

Refusal of service
Manic Design reserves the right to refuse service to anyone at its sole discretion.

Promotional services and prices
Manic Design may cancel specials or promotions at any time for any reason. Prices are subject to change at any time, and prices are only guaranteed for the initial period of prepayment.

Billing, cancellation and delinquent accounts
Please see our Billing Policies

Manic Design policies
Manic Design reserves the right to change its policies at any time for any reason. Rev. 01/21/99



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