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Acceptable Use Policy (AUP) / Terms Of Service (TOS) By using our webhosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.
The following are unacceptable uses:
Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.
Interpretation The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Mudbug Hosting, Inc. reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
Illegal Use Mudbug Hosting, Inc. servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, 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", "Irc Bots", "Mp3".
Mudbug Hosting, Inc. further reserves the right to suspend or terminate service to any websites affiliated with known or suspected terrorist organizations at our discretion.
We will be the sole arbiters as to what constitutes a violation of this provision.
System and Network 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 e-mail or a newsgroup posting.
Tortious Conduct No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Spamming Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
It is contrary to Mudbug Hosting, Inc. policy for customers to use our servers to effect or participate in any of the following activities: The Customer shall be held liable for any and all costs incurred by Mudbug Hosting as a result of the customer's violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. First violations will result in a Cleanup Fee of $250 and the customer’s account will be reviewed for possible immediate termination. Each subsequent violation thereafter will result in Cleanup Fee of $500 and immediate termination of the customer’s account. The Customer who violates this policy agrees to also pay Investigation Fees of no more than $125 per hour that Mudbug Hosting personnel must spend to investigate any violations.
Modification Mudbug Hosting, Inc. reserves the right to add, delete, or modify any provision of this Policy at any time without notice. Reporting Network Abuse Any party seeking to report any violations Mudbug Hosting, Inc.’s policy may contact via e-mail: info@mudbughosting.com
Mudbug Hosting CUSTOMER SERVICE AGREEMENT This is an agreement between you and Mudbug Hosting, Inc. regarding your use of Mudbug Hosting, Inc.'s computer, interactive information, communication and server management service. This Agreement governs the terms and conditions under which Mudbug Hosting, Inc. makes the services offered by Mudbug Hosting, Inc. available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the " Mudbug Hosting, Inc. " webhosting or similar services. Under this Agreement, you must comply with Mudbug Hosting, Inc.'s then current "Acceptable Use Policy," as updated from time to time by Mudbug Hosting, Inc.
1. Mudbug Hosting, Inc. will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. YOu can notify us via email.If you do not provide this notice, you will be charged for the next terms rate. There are no refunds on a la carte services, dedicated servers or server colocation.
2. Mudbug Hosting, Inc.'s services are 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. Mudbug Hosting, Inc. expressly disclaims any representation or warranty that the Mudbug Hosting, Inc. services will be error-free, secure or uninterrupted. No oral advice or written information given by Mudbug Hosting, Inc., its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography, graphic violence or death. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Mudbug Hosting, Inc., with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Mudbug Hosting, Inc. based upon the severity of the violation. Mudbug Hosting, Inc. reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of Mudbug Hosting, Inc.'s then current Acceptable Use Policy, in the sole and absolute opinion of Mudbug Hosting, Inc.. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless Mudbug Hosting, Inc. from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by Mudbug Hosting, Inc., (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.
4. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that Mudbug Hosting reserves the right to change the specified rates and charges from time to time.
5. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. Mudbug Hosting, Inc. will not change passwords to any account without proof of identification, which is satisfactory to Mudbug Hosting, Inc., which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Mudbug Hosting, Inc. will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Mudbug Hosting, Inc. be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Mudbug Hosting, Inc. from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
6. The Account Holder agrees not to harm Mudbug Hosting, Inc., its reputation, computer systems, programming and/or other persons using Mudbug Hosting, Inc.'s services. Mudbug Hosting, Inc. reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by Mudbug Hosting, Inc. are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it's website. Mudbug Hosting, Inc. will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then Mudbug Hosting, Inc. has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless Mudbug Hosting, Inc. and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by Mudbug Hosting, Inc. The terms of this Section will survive any termination of this Agreement.
7. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Mudbug Hosting, Inc..
8. If the Account Holder sells or resells advertising or webspace to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. Mudbug Hosting, Inc. has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Mudbug Hosting, Inc. Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by Mudbug Hosting, Inc., Mudbug Hosting, Inc. may terminate the services being provided to the Account Holder.
9. Mudbug Hosting, Inc. will use its best efforts to maintain a full time Internet presence for the Account Holder. Technical support services will be limited to the Account Holder and will only be extended for services directly provided by Mudbug Hosting, Inc.. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Mudbug Hosting, Inc. be liable to the Account Holder for any damages resulting from or related to any failure or delay of Mudbug Hosting, Inc. in providing access to the Internet under this Agreement. In no event shall Mudbug Hosting, Inc. be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Mudbug Hosting, Inc. under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
10. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Mudbug Hosting, Inc. account may not be transferred without prior written approval from Mudbug Hosting, Inc.. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the Mudbug Hosting, Inc. services, including any damages resulting therefrom, until the Account Holder notifies Mudbug Hosting, Inc.'s customer service.
11. If Mudbug Hosting, Inc. assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the Mudbug Hosting, Inc. services, the right to use that Internet Protocol address will remain with and belong only to Mudbug Hosting, Inc., and the Account Holder will have no right to use that Internet Protocol address except as allowed by Mudbug Hosting, Inc. in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement between the Account Holder and Mudbug Hosting, Inc. with respect to the Mudbug Hosting, Inc. services and supersedes all prior agreements between the Account Holder and Mudbug Hosting, Inc.. Mudbug Hosting, Inc.'s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
13. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in Orlando, FL. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
14. The Account Holder agrees to indemnify and hold Mudbug Hosting, Inc. harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Mudbug Hosting, Inc. will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
15. Mudbug Hosting, Inc. may include the Account Holder's name and contact information in directories of Mudbug Hosting, Inc. service subscribers for the purpose promoting the use of the services by additional potential clients. However, Mudbug Hosting, Inc. is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.
16. The interpretation and enforcement of this Agreement shall be governed according the laws of the state of Florida (excluding its choice of law rules) and the federal laws of United States applicable therein. The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of Orlando, Florida for any action arising out of or relating to the Account Holder's use of the Mudbug Hosting, Inc. services. The federal and provincial courts of Orlando, Florida will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.
17. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
18. Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Mudbug Hosting has been forced to create its no adult sites policy for its virtual server users.
19. Virtual account holders can receive a refund if account is cancelled within the initial 30 days after sign up. Reseller account holders can receive a refund if account is cancelled within the initial 7 days after sign up. If the account holder cancels after the time period specified, there will be no refund given.
20. Mudbug Hosting, Inc. may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
24. All accounts are subject to verification by our Billing Department.
25. Terms of Verification: We must be able to verify your account within 24 hours of signup. Verification for U.S. citizens can be done by phone. For foreign account holders documentation can be sent via fax or uploaded through our secure form. If we cannot verify your account within 24 hours, the account will be suspended until verified.
26. Check/Money Order Payments. B. Returned checks will incur a $50 worthless check fee. Any account holder who incurs a worthless check fee will be required to pay all future payments via money order or cashier's check. C. Customers utilizing check/money order payment must have their check or money order payment to us within 10 days of their rebill date. Failure to do so will result in account suspension. D. International customers that wish to utilize the check/money order payment option must pay via International Money Order and payments must be received within 10 days of their rebill date. Failure to do so will result in account suspension.
27. Billing Information: All account billing information including email and phone, must be valid at all times for the account to remain active. If the billing information provided is inaccurate, 24-hour notice is given to update the information before account suspension. If the account holder is not available by phone (foreign accounts) or no alternate contact email address is given, account will be suspended immediately.
28. You agree that Mudbug Hosting, Inc. may establish limits concerning use of any Mudbug Hosting service offered on any Mudbug Hosting, Inc. web site, including without limitation the maximum number of days that e-mail messages will be retained by any Mudbug Hosting, Inc. service, the maximum number of e-mail messages that may be sent from or received by an account on any Mudbug Hosting, Inc. service, the maximum size of an e-mail message that may be sent from or received by an account on any Mudbug Hosting, Inc. service, the maximum disk space that will be allotted on Mudbug Hosting, Inc.'s servers on your behalf either cumulatively or for any particular service. You agree that Mudbug Hosting, Inc. has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Mudbug Hosting, Inc. service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Mudbug Hosting, Inc. service may change at any time.
What does Mudbug Hosting consider "Adult Material?" Any site whose revenue is gained in part or whole from its adult content. Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes. Photos or videos showing graphic violence, death or dismemberment. Photos or videos showing graphic violence or death. Revenue-generating hyperlinks to sites who violate policy #1.
Bandwidth and Resources Mudbug Hosting reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.
This Privacy Policy describes the information we collect from you, what we do with the information, and our information security practices. If you have any questions about our Privacy Policy, please contact us.
Information When you sign up for our service, we will ask you to provide contact information such as your name, address, telephone numbers, e-mail addresses, and payment information such as credit card number and expiration date.
If you contact us for customer support, we may also ask you for information about your account username, software and other information necessary to solve your issue.
When you visit our Web site we will capture your IP Address, time of and duration of visit, and time and duration of the pages on our Web site that you view. We may tie this information to the personally identifiable information we have about you.
Use of Personally Identifiable Information
We absolutely do not transfer or sell your information for inclusion on third party e-mail or other marketing lists.
Use of Non-Personally Identifiable Information We may share aggregate statistical data about our customers with third parties, such as advertisers or suppliers. This aggregate statistical data will not identify you personally.
Security of Your Information We store your personally identifiable information and payment information securely in our databases.
Children’s Privacy Our service is not available to children under the age of 18, and we will not intentionally maintain information about anyone under the age of 18.
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