Acceptable Use Policy
By using our web hosting services, you agree to comply with our Acceptable Use Policy. We expect you to possess a basic knowledge of the Internet and computer function. We also expect you to have access to a computer which is connected to the Internet to use our services. The spirit of this policy is to guide you to use the Microwerx service with due regard to the rights of other Internet users, other users of CyberHost services, and in conformity with special Microwerx network environment.
Illegal Usage
Microwerx servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, Real Audio, and IRC bots. Microwerx does not allow the sales of products, goods or services on any professional hosting option. Sales can be conducted only on Microwerx's ecommerce hosting options and dedicated servers. The subscriber to Microwerx service agrees to indemnify and hold harmless Microwerx from any claims resulting from the use of the service that damages the subscriber or any other party.
Microwerx will be the sole arbiter as to what constitutes a violation of this provision.
Adult Content
Due to special system and network requirements of adult oriented sites, pornography and related merchandising are prohibited. This includes sites that may infer explicit content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting, or brodcasting of email with confidential credit card information.
Server Resource
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. Microwerx shall be the sole arbiter of what is considered to be a high server usage level.
Any hosting account deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.
CGI Scripts
CGI script sharing with domains not hosted by Microwerx.com is not allowed. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice. In particular, Microwerx does not allow the use of redirected cgi-bin calls using Miva due to known security holes in this mode of operation. Web Site access will be immediately terminated for any client who violates this provision.
Chat Rooms
Microwerx does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option.
Background Programs and Cron Jobs
Microwerx may allow programs to run in the background. These programs will be considered on an individual basis. If you wish to run background programs please contact us at [email protected] before doing so.
IRC
Microwerx does not allow IRC or IRC bots to be operated on our servers.
UCE (Unsolicited Commerce Email) - SPAM
Background
We at Microwerx do not like spam! Accordingly, we added anti-spamming software to our server to eliminate it, and we opened that capability to our clients for a small fee. Personally and as a corporate entity we have an no tolerance philosophy with respect to spam. This expanded UCE section intends to reflect that philosophy and to aid our clients in complying to protect themselves, our other clients, Microwerx, and Internet users at large.Our clients are expected to have an understanding of what constitutes spam. If they do not, they are expected to research the topic on line. A good starting place is http://spam.abuse.net/. Please contact us if you have any questions before embarking on an email advertising campaign. Violators of this philosophy will be treated harshly.
Policy Guidance
Spamming, the sending of mass unsolicited email from or through a Microwerx server or using an email address that is maintained on a Microwerx machine, is STRICTLY prohibited. Clients are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a Web site hosted on a Microwerx server or Microwerx email address, or if they sell or distribute software on their web site that facilitates spamming. Violators will be assessed a minimum $200.00 fine and will face immediate suspension. Microwerx will be the sole arbiter as to what constitutes a violation of this provision.
Should Microwerx receive a spam complaint from a responsible reporting party, such as SpamCop.net, the site will be taken off line immediately. Otherwise, a notice is sent to the Webmaster of the domain giving 48 hours to respond with an explanation. If a response is received within 48 hours, an investigation of the incident begins. If no response is received, a non-refundable fine of $200 minimum is assessed and the site is taken off line until an acceptable response is received and the incident is cleared. The fine will not be refunded even if an acceptable response is received. Microwerx will not allow any single site to effect a blacklist of the Microwerx mail servers.
Notes
Please keep in mind that "email is intended for 1:1 communication, not broadcast." Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material, to individuals who did not specifically request such material, who were not previous customers of the Client or with whom the Client does not have an existing business relationship is spamming and is prohibited.
Verifiable Opt-In List.
Proof that an email address did in fact opt-in can be a log excerpt or a copy of the returned, e-mailed confirmation. There must be proof of a two-way, secure confirmation. This must include IPs and datestamps for two stages - both a signup and a confirmation. Here are some links that will serve as a starting place if you want to send out the same email to a large number of addressees.
http://spam.abuse.net/faq/
http://spam.abuse.net/marketerhelp/
http://spamcop.net/fom-serve/cache/167.html
Server Abuse
Any attempts to undermine or cause harm to a Microwerx server or customer of Microwerx is strictly prohibited.
Any sub-networks of Microwerx and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
Software Distribution
Microwerx.com's shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact for special arrangement.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Microwerx.com Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.
Additional Web Site Change Fees
Any web site whose configuration is changed after the first 30-days will be subject to a minumum $25.00 service charge. This includes such items and domain name changes, additional IP pointers, Webalizer configuration changes, password protected directories, and the like.
Reconnect Fee
Any site site disconnected for delequency of payment will be charged a $50.00 reconnect fee if that site is brought back online.
Payments and Late Payment Charge
Payment for all fees shall be due at the time the service is accepted by Microwerx. Fees for Services shall be in the amount and frequency set forth in the Agreement (to begin on the date that the web site release notification is e-mailed or faxed to the Client) ("Payment Date"). This Agreement is for the entire Initial Term or applicable Renewal Term and Client is obligated to pay the fees for Services voluntarily selected by Client. All such fees shall be received at Microwerx by 2:00 p.m. on the Payment Date. Client shall pay a late charge of 2% per month, or the maximum rate permitted by applicable law, whichever is less, on any unpaid amount for each calendar month or fraction thereof that payments are in arrears to Microwerx. All fees that have not been timely paid may be sent by Microwerx to a collection agency. Client agrees to be responsible for paying all costs of collection, including, but not limited to, reasonable attorney's fees and, where lawful, collection agency fees. All accounting issues should be addressed [email protected].
Checks or Money Order
Client may pay fees by check or money order in U.S. dollars only. Microwerx will not accept international checks in foreign currency. In the event a check is returned as unpayable, Client will be assessed a $25.00 returned check fee. If Client fails to pay all fees by the Payment Date, Client will be sent a suspension of Services e-mail which will grant Client fourteen (14) days to make payment.
Credit Card
Client may pay fees by MasterCard, Visa, American Express and Discover ("Credit Cards"). Credit Cards shall be charged seven (7) days prior to the Payment Date to the Credit Card number given at the time Client submits the Service Order. Payment by Credit Card includes the authorization to charge all future recurring fees and charges to the Credit Card on file with Microwerx. If Client's Credit Card is denied, for any reason, Client will be sent a notice by e-mail. If payment is not received by the Payment Date, Microwerx may make one final attempt to charge Client's Credit Card on or around the Payment Date. If payment is not secured by the Payment Date, Client will be sent a Suspension of Services e-mail which will grant Client fourteen (14) days to make payment. In the event Client initiates a charge back, Microwerx may immediately suspend all Services to Client until such time as full payment is received in addition to a $25.00 charge back fee and $25.00 reactivation fee.
Actions Taken by Microwerx
When Microwerx becomes aware of an alleged violation of its Acceptable Use Policy, Microwerx will initiate an investigation. During the investigation Microwerx may restrict Customer access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Microwerx may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, Microwerx will notify the appropriate law enforcement department of such violation.
Microwerx does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
Modification
Microwerx reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
