
Upon signing up for Marmichosting's services, all customers agree to comply
with Marmichosting's Terms of Use. The spirit of this policy is to ensure
our customers are using Marmichosting's services with due regard to the
rights of other Internet users and in conformity with the requirements
of Marmichosting's network environment. Please note that asterisked items
(*) are not applicable to Dedicated Server customers. Illegal
Use
Marmichosting 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, or that may directly
facilitate the violation of any particular law or regulation is
prohibited. This includes, but is not limited to: copyrighted material;
trademarks; trade secrets or other intellectual property rights
used without proper authorization; material that is obscene, defamatory,
constitutes an illegal threat, or violates export control laws.
Examples of unacceptable content or links include: pirated software,
hacker programs or archives, Warez sites, MP3, and IRC bots.
Adult Content
Due to the special system and network requirements of adult-oriented
sites, pornography and hard core sex-related merchandising are prohibited.
This includes sites that may infer sexual content or provide 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, or provide links to such sites.
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, probing,
or scanning of 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, broadcast attacks; forging of any
TCP-IP packet header or any part of the header information in an
email or a newsgroup posting.
The ICANN Dispute Policy
http://www.icann.org/udrp/udrp.htm
The Exhibit A of the Open SRS Reseller Agreement
http://www.opensrs.org/exhibita.shtml
Appendix A of the UK Server Access License Contract, which you
can find at: http://resellers.tucows.com/opensrs/uk/ukexhibita
The Nominet Terms and Conditions.
These can be found at: http://resellers.tucows.com/opensrs/uk/ukterms
SCHEDULE A for .US names:
Form of Registration Agreement http://resellers.tucows.com/opensrs/info/infoexhibita
APPENDIX A:
Form of Registration Agreement http://resellers.tucows.com/opensrs/ca/ca_exhibita
dot CC Exhibit A - http://www.opensrs.org/cc/cc_exhibit_a.html
APPENDIX A
Form of Registration Agreement: http://www.opensrs.org/tv/tv_exhibit_a.html
Server Resources*
Any web site that uses a high amount of server resources (such as,
but not limited to, CPU time, memory usage, and network resources)
may be given the option to either pay additional fees (which will
depend on the resources required), reduce the resources used to
an acceptable level, or upgrade its service to a Dedicated Server
plan. Marmichosting shall be the sole arbiter of what is considered
to be a high server usage level.
Any web hosting account deemed to be adversely affecting server
performance or network integrity will be shut down without prior
notice.
CGI Scripts*
CGI script sharing with domains not hosted by Marmichosting is not permitted.
Any CGI-scripts deemed to be adversely affecting server performance
or network integrity will be shut down without prior notice.
Chat Rooms*
Marmichosting does not allow customers to install their own chat rooms.
Chat rooms tend to require significant system resources and therefore
cannot be permitted as an account option. However, Marmichosting provides
Java chat rooms that meet most users' needs and run without hindering
system performance.
Background Running Programs and Cron Jobs*
Marmichosting may allow programs to run in the background. These programs
will be considered on an individual basis and customers will incur
extra charges based on system resources used and operational maintenance
needed. If you wish to run background programs please contact
Marmichosting
at support@Marmichosting.com so that we can arrange set-up.
IRC
Marmichosting does not allow IRC or IRC bots to be operated on our servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email from or through
a Marmichosting server or using an email address that is maintained
on a Marmichosting machine is STRICTLY prohibited. Marmichosting will be
the sole arbiter as to what constitutes a violation of this provision.
Customers 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 Marmichosting server, or if they
sell or distribute software on their web site that facilitates spamming.
Violators will face immediate suspension.
Formmail
Due to known security issues with all versions of Matt Wright's
formmail form-to-e-mail script we do not allow it. We do
provide a version in the system wide cgi-bin that works exactly the
same and doesn't have the security issues.
Server Abuse
Any attempts to undermine or cause harm to a Marmichosting server or
customer are strictly prohibited.
Software Distribution*
Marmichosting's shared web hosting accounts are not configured for the
purposes of distributing software and/or multimedia products. If
you wish to distribute software and/or multimedia files, please
contact sales@Marmichosting.com to make special arrangements.
Multimedia Files*
Multimedia files are defined as any graphics, audio, and video files.
Marmichosting shared web hosting accounts are not to be used for the
purposes of distributing and storing unusual amounts of multimedia
files. Any web site whose disk space usage for storing multimedia
files exceeds 70% of its total usage, in terms of total size or
number of files, will be considered to be using an unusual amount
of multimedia files.
Databases*
Any database stored on Marmichosting's servers shall be limited in size
to 10% of the total disk space allotted for that particular domain's
plan/web hosting account.
Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth
the requirements for valid copyright infringement notification.
If you would like to notify Marmichosting of an infringement of your
copyright, the DMCA requires that you:
Send your notification to Marmichosting's designated agent. You may
choose any of the following three avenues for this notification:
Email to abuse@Marmichosting.com
Include in your notification the following information
A physical or electronic signature of the copyright owner or a person
authorized to act on the copyright owner's behalf (the "Claimant")
Identification of the copyrighted work(s) claimed to have been infringed
Identification of the material claimed to infringe the copyright(s),
and enough information for Marmichosting to locate it
The Claimant's name, address, and telephone number(s)
A statement that the Claimant has a good faith belief that use of
the disputed material is not authorized by the copyright owner or
his agent
A statement, under penalty of perjury, that the information in the
notification of copyright infringement is accurate and that the
Claimant is authorized to act on behalf of the copyright owner.
Actions Taken by Marmichosting
The failure by a customer to meet or follow any of the above Terms
of Use is grounds for account deactivation. Marmichosting will be the
sole arbiter as to what constitutes a violation of the Terms of
Use. Marmichosting reserves the right to remove any account without
prior notice.
When Marmichosting becomes aware of an alleged violation of its Terms
of Use, Marmichosting will initiate an investigation. During the investigation,
Marmichosting may restrict a customer's access in order to prevent further
potentially unauthorized activity. Depending on the severity of
the violation, Marmichosting may, at its sole discretion, restrict,
suspend, or terminate a customer's web hosting account and/or pursue
other civil remedies. If such violation is a criminal offense,
Marmichosting
will notify the appropriate law enforcement authorities of such
violation.
Marmichosting does not issue credits for outages incurred through service
disablement resulting from Terms of Use violations.
Marmichosting customers agree to indemnify and hold harmless
Marmichosting
from any claims resulting from the use of our services that damages
them or any other party. The Marmichosting service is provided on an
as is, as available basis without warranties of any kind, either
express or implied, including, but not limited to, warranties of
merchantability, fitness for a particular purpose or non-infringement.
Marmichosting expressly disclaims any representation or warranty that
the Marmichosting service will be error-free, secure or uninterrupted.
No oral advice or written information given by Marmichosting, its employees,
licensors or the like, will create a warranty; nor may you rely
on any such information or advice. Marmichosting and its partners and
suppliers will not be liable for any cost or damage arising either
directly or indirectly from any transaction or use of the service.
Modification
Marmichosting reserves the right to add, delete, or modify any provision
of its Terms of Use at any time without notice.
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