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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