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Acceptable Use
Policy.
As a high-quality web hosting provider to many customers, Masterpiece
Hosting values its good reputation. Accordingly, it is important
to us that our customers use our services and the Internet in general,
responsibly and courteously. Most of our customers do so and seldom
need to refer to these rules. Nonetheless, the following constitute
examples of unacceptable uses of Masterpiece Hosting's services,
which will result in suspension, or termination of the customer's
account:
Affronts to Etiquette.
Unacceptable activities include spamming (sending unsolicited
advertising to those with which the customer has no existing business
relationship, posting off-topic advertising in news groups); spoofing
(using a return e-mail address which is not the valid reply address
of the sender or sending an e-mail message which does not contain
enough information to enable the recipient to identify the party
who is really sending the message; passive spamming (promoting a
web site hosted by Masterpiece Hosting by spamming from some other
source), trolling (posting controversial messages in news groups
to generate responses), mail bombing (inundating a user with e-mail
without any serious intent to correspond), generating a higher volume
of outgoing mail than a normal user (over 10% of available system
resources), and subscribing someone else to an electronic mailing
list without that person's permission. A message is considered unsolicited
if it is posted in violation of a news groups charter or sent to
a recipient who has not requested the message. Making an e-mail
address available to the public does not constitute a request to
receive messages. Distribution of mass e-mailing programs is also
prohibited. All recipients on a mailing list must have personally
subscribed. Mailing lists may not be used to distributed unsolicited
e-mail. Any customer repeatedly "mail bombed" or that
attracts such behavior will be asked to leave. If you are not sure
if your actions will be in violation, please ask first Abuse@MasterpieceHosting.com.
Age.
The client must be 18 years of age to obtain our service.
Abuse of the legal rights of others.
Examples of unacceptable activities in this regard include posting
private information about a person without their consent, infringing
intellectual property rights, defamation of a person or business,
and knowingly making available code which will have a deleterious
effect on third party computers. Masterpiece Hosting supports free
speech on the Internet, and will not suspend or cancel a customer's
account simply because it disagrees with the views expressed by
the customer. Where there are allegations that a customer's on-line
activity has violated the legal rights of a third party, Masterpiece
Hosting will not substitute itself for a court of law in deciding
tort claims raised by the third party.
Abuse of the law.
Masterpiece Hosting's services may be used for lawful purposes
only. Illegality includes but is not limited to: drug dealing; attempting
without authorization to access a computer system; pirating (distributing
copy righted material in violation of copyright law, specifically
MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud;
trafficking in obscene material; sending a message or having content
that is obscene, lewd, lascivious, filthy, or indecent with intent
to annoy, abuse, threaten, or harass another person; threatening
bodily harm or damage to individuals or groups; violating US export
restrictions; stalking; or violating other state or federal law
such as the Electronic Communications Privacy Act, the Computer
Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal
material is also prohibited. Masterpiece Hosting reserves the right
to check system files, e-mail, and other data on our servers for
illegal content and materials, or for any other reasons deemed necessary.
Pornography.
Pornography and sex-related merchandising, or links to such
material, even if legal, is not an acceptable use of Masterpiece
Hosting's servers.
Abuse of Masterpiece Hosting's Server Resources.
Running programs in the background on a Masterpiece Hosting's
server without Masterpiece Hosting's prior written authorization,
or running chat rooms, Internet Relay Chat, IRC bots, and the like
are not acceptable uses of Masterpiece Hosting's servers. Further,
any usage of ten percent (10%) or more of our system resources is
an undue burden on our system and is unacceptable. If your usage
ever exceeds ten percent (10%) of system resources, your account
may be terminated immediately and without prior notice. In addition
any domain that exceeds ten gigabytes of bandwidth traffic can be
terminated without prior notice.
Hacking/Cracking.
Masterpiece Hosting reserves the right to report illegal activities
to any and all regulatory, administrative, and/or governmental authorities
for prosecution. The following examples of unacceptable behavior
are non-exclusive, and are provided for guidance purposes. If you
are unsure if your actions will be a violation of our policies please
e-mail us at Abuse@MasterpieceHosting.com. Server broadcast messages
or any message sent on an intrusive basis to any directly or indirectly
attached network Attempt to circumvent any user authentication or
security of host, network, or account. Accessing data not intended
for user. Probing the security of any network. Spawning dozens of
processes. Port scans, ping floods, packet spoofing, forging router
information, Denial of Service attacks, sniffers, flooding, spoofing,
ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses.
IRC bots such as eggdrop or BitchX. Any activity, whether or not
the intrusion results in the corruption or loss of data, will be
investigated and proper action taken. The presence of any of these
programs, whether or not run, will result in action against the
user including suspension or termination.
Client Responsibility.
The client is responsible for all activity originating from
the account unless proven to be a victim of outside hacking or address
forgery. The client is responsible for securing their user name/password.
Use of Masterpiece Hosting's service requires a certain level of
knowledge in the use of Internet languages, protocols, and software.
This level of knowledge varies depending on the anticipated use
and desired content of the web space by the client. The following
examples are offered: Web Publishing: requires knowledge of HTML,
properly locating and linking documents, FTPing Web contents, Graphics,
text, sound, image mapping, etc. FrontPage web publishing: knowledge
of the FrontPage tools as well as Telnet and FTP understanding and
capability. CGI-Scripts: requires a knowledge of the UNIX environment,
TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
Mail: a use of mail clients to receive and send mail, etc. The client
agrees that he or she has the necessary knowledge to create and
maintain their web space. Client agrees that it is not the responsibility
of Masterpiece Hosting to provide this knowledge or support outside
matter specific to Masterpiece Hosting's servers.
Backups.
Full backups are made weekly, and backups of new/changed data
made nightly. No guarantees are made of any kind, either expressed
or implies, as to the integrity of these backups. Backups are made
for server restoration purposes only. It is the clients. responsibility
to maintain local copies of their web content any information. If
loss of data occurs due to an error of Masterpiece Hosting, Masterpiece
Hosting will attempt to recover the date for no charge to the client.
If data loss occurs due to negligence of client in securing their
account or by an action of the client, Masterpiece Hosting will
attempt to recover the data from the most recent archive for a $150.00
fee.
IP Addresses
Masterpiece Hosting maintains control and any ownership of any
and all IP numbers and addresses that may be assigned to the client
and reserves in its sole discretion the right to change or remove
any and all IP numbers and addresses.
Limitation of Liability.
Masterpiece Hosting shall not be responsible for any claimed
damages, including incidental and consequential damages, which may
arise from Masterpiece Hosting's servers going off-line or being
unavailable for any reason whatsoever. Further, Masterpiece 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 Masterpiece Hosting's servers. All damages
shall be limited to the immediate termination of service. Masterpiece
Hosting shall be the sole arbiter of what is and is not a violation
of these acceptable use policies. Masterpiece Hosting reserves the
right to terminate an account at any time and for any reason that
causes harm to any Masterpiece Hosting customer's web sites. Masterpiece
Hosting reserves the right to delete all content and files upon
termination. Masterpiece Hosting reserves the right to withhold
any pre-paid funds for any site removed for violations of these
policies. Masterpiece Hosting reserves the right to refuse, cancel,
or suspend service at our sole discretion.
 Masterpiece
Hosting reserves the right to change the Acceptable Use Policy without
prior notice or warning. Non-enforcement of any part of the Acceptable
Use Policy does not constitute consent.
Violations
of these Acceptable Uses Policies should be referred to Abuse@MasterpieceHosting.com.
All complaints will be investigated promptly.
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