Moxie Colo Inc is dedicated to providing top quality service at a very
affordable price. The conditions which follow are necessary to ensure that we
may continue to provide the best possible service to all of our customers whilst
at the same time satisfying our legal and ethical responsibilities.
Failure to follow any condition will be grounds for immediate account
deactivation without notice. Moxie Colo Inc will be the sole arbiter as to
what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will
result in a forfeiture of all fees paid. Complaints made regarding abuses of an
account will be investigated and if found guilty will be grounds for immediate
suspension.
To report suspected abuses or any violations of these policies, please contact
abuse@moxiecolo.com
ILLEGAL USAGE
Moxie Colo Inc 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
archives, password sites, Warez sites, and MP3s. The subscriber to Moxie Colo
Inc
service agrees to indemnify and hold harmless Moxie Colo Inc from any
claims resulting from the use of the service that damages the subscriber or any
other party. Moxie Colo Inc will be the sole arbiter as to what
constitutes a violation of this provision. We do not allow the running of ANY
background daemons (such as BitchX, PsyBNC, etc)
ILLEGAL CONTENT
Moxie Colo Inc does not allow background Daemons such as any program that
interferes with normal server operation. No warez is allowed. Web proxies are
not tolerated. This includes NPH-Proxy, and web proxy. If your site is found to
hold any proxy files, your account will be suspended and the account holder will
be issued a fee of $50 USD. When using an account with shell, you are not
allowed to run ANY servers or services on the Moxie Colo Inc network.
Servers are defined as perlbots, proxies, root exploits, DDoS scripts, etc.
Running any of these will face an immediate suspension, and users will be
subject to a fine no less than $50.00 USD, and no more than $100.00 USD. Moxie
Colo Inc reserves the right to terminate an account for these activities
also. This applies only to shared hosting accounts.
SECURITY
Users are prohibited from violating or attempting to violate the security of the
Moxie Colo Inc network. Violations of system or network security may
result in civil or criminal liability. Moxie Colo Inc will investigate
occurrences, which may involve cooperation with law enforcement authorities in
prosecuting Users who are involved in such violations. These violations include,
without limitation:
1) Accessing data not intended for such user or logging into a server or
account, which such user is not authorized to access,
2) Attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization,
3) Attempting to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail bombing" or
"crashing",
4) Forging any TCP/IP packet header or any part of the header information in any
e-mail or forum posting,
5) Taking any action in order to obtain services to which such User is not
entitled,
6) Attempting to couple many hosting packages together to take advantage of
massive space or bandwidth allocations,
Each hosting package purchased is unique to a do main name and use - you are not
allowed to purchase multiple plans to obtain combined bandwidth & space.
Moxie Colo Inc will stop such transactions and label them as deceptive. We have
an upgrade path for all services and we can often times work out special deals
for users if they ask us for the assistance.
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.
SERVER ABUSE
Any attempts to undermine or cause harm to a Moxie Colo Inc server or
customer of Moxie Colo Inc is strictly prohibited. Any sub-networks of
Moxie Colo Inc 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.
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 username/password. The client assumes
responsibility for all material on their site that may be put on by a third
party (such as the usage of Free For All links pages). Use of Moxie Colo Inc 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. M ail: 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 Moxie Colo Inc to provide this knowledge
or support outside matter specific to Moxie Colo Inc servers.
DOS ATTACKS
Clients will be fully responsible for paying overage charges for DDoS attacks
directed against their account. While we will try our best to nullify all
attacks against servers on our networks, there are some cases where complete
nullification is not possible. In a case such as that, the client will pay all
overages incurred. Should DDoS attacks prove to be a frequent occurance, we
reserve the right to termination the contract with the client involved at any
time.
BACKUPS
Moxie Colo Inc takes extreme steps to maintain system integrity. However,
Moxie Colo Inc shall not be held responsible for loss of data due to any
cause. To ensure the highest level of data protection, Moxie Colo Inc
recommends that ALL information be backed up on your own computer. As with any
data that you hold a high importance to, it should be in more than one location
at all times. All Moxie Colo Inc data backups are designed against
hardware failure not customer user error.
ACTIONS TAKEN
The failure by a customer to meet or follow any of the above policies/terms is
grounds for account deactivation. Moxie Colo Inc will be the sole arbiter
as to what constitutes a violation of the AUP. Moxie Colo Inc reserves the
right to remove any account without prior notice.
When Moxie Colo Inc becomes aware of an alleged violation of its AUP,
Moxie Colo Inc will initiate an investigation. During the investigation,
Moxie Colo Inc may restrict a customer's access in order to prevent
further potentially unauthorized activity. Depending on the severity of the
violation, Moxie Colo Inc 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, Moxie Colo Inc will
notify the appropriate law enforcement authorities of such violation.
Moxie Colo Inc does not issue credits for outages incurred through service
disablement resulting from AUP violations.
Moxie Colo Inc customers agree to indemnify and hold harmless Moxie Colo Inc from any claims resulting from the use of our services that
damages them or any other party. The Moxie Colo Inc 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. Moxie Colo Inc expressly
disclaims any representation or warranty that the Moxie Colo Inc service
will be error-free, secure or uninterrupted. No oral advice or written
information given by Moxie Colo Inc, its employees, licensors or the like,
will create a warranty; nor may you rely on any such information or advice.
Moxie Colo Inc 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
Moxie Colo Inc reserves the right to add, delete, or modify any provision
of this policy at any time without notice.
REFUSAL OF SERVICE
We reserve the right to refuse, cancel, or suspend service at our sole
discretion.
Terms of Service
PRIVACY
Moxie Colo Inc will not sell, distribute, reveal, or otherwise make
available any customer information. We contribute our time and help to anti-spam
organizations. We are involved 100% in prosecuting spammers. Should we need to
contact you directly regarding your specific account or service we will do so
via email only.
PAYMENTS
When you subscribe to our services, you are subscribing to a pre-paid service.
All payments will be charged to an approved credit card (Visa, Mastercard,
American Express) or debit card that is approved. Renewals are made
automatically by our payment processor. Accounts 7 days past due will be
disabled. Accounts 5 days past due will require a $5.00 USD fee to enable. We
only accept credit cards, checks, money orders, certapay email money transfers,
and western union payments which exceed a total of $250 USD. for payment of
services. plans renew automatically and are charged to the most recently updated
credit card on file. In the event that your charge is denied and we are unable
to contact you, then the aforementioned fees to enable your account shall apply.
Please address any questions regarding payment to accounting@moxiecolo.com
Moxie Colo Inc
If you wish to cancel your services, you must notify accounting@moxiecolo.com at
least one (1) week in advance. If your request is not made at least one (1) week
in advance, we can not be responsible for additional charges that may be made
against your account.
If you cancel your account and your payments still continue for any reasons such
as 1) by fault of Moxie Colo Inc staff 2) by fault of the credit card
processor 3) by fault of any other payment collection company we are not
responsible for any overdraft fees that are issued by your financial
institution.
CHARGEBACK'S
The client agrees to try and negotiate faults with Moxie Colo Inc staff, The client
agrees to not issue a Chargeback with Pay Pal or their credit card provider
unless Moxie Colo Inc to deliver the promised services. For any falsely filed
chargeback's, there will be a $50.00 Chargeback fee.
SERVER PROVISIONING
We attempt to fill each order within a few hours, but some issues may arise that
prevent us from doing so. Your payment may be marked as fraud by our payment
processor, at which point it will undergo more tests before being either
approved or denied, or we may not be able to reach you by e-mail. If the former
is the case, we will be sure to notify you as soon as we know there is a
problem, and keep you updated along the way. In extreme cases, servers may take
multiple days, or a week, to be delivered.
OVERAGE CHARGES
Our service plans are designed to accommodate the majority of usage scenarios
given the needs of our customers. However, your usage may vary and require
additional allocations, specifically in the areas of storage and traffic. We
will never charge your card automatically if your account requires more
resources. You must notify us of any changes in your e-mail address, otherwise,
if you do not contact us, the system will suspend your account should your
allotments be exceed.
REFUNDS/ACCOUNT TERMINATION
If, for any reason, Moxie Colo Inc fails to deliver said services, a
prorated refund will be issued this excludes dedicated and colocation services.
No refunds will be issued if abuse of our stated policies forces Moxie Colo Inc to suspend or terminate your services prematurely. In the event
you request account cancellation, once your service has been cancelled your
account will be suspended from use. It will then be deleted within 30 days. If
for any other reason your account becomes suspended and remains suspended it
will be deleted after a 30-day period. This 30-day grace period does NOT apply
to dedicated servers and/or domain registration.
LATE FEES
There will be a 2% late fee applied to every late day on payment, the maximum
days a payment can be late for is 5. After 5 days the account will be suspended
for non-payment and there will be a $25.00 USD fee to re-enable plus any late
fees which may apply.
CONTENT
Moxie Colo Inc believes in freedom of speech; however, any content
(written, visual, or implied) in the following areas will not be tolerated and
is grounds for immediate suspension of service (in most cases customer will be
allowed a zip file of their files): racism or prejudice due to color, creed, or
belief; profanity or obscene language towards anyone but yourself; any
violent/malicious content. We do allow legal adult content. We prefer that you
self-govern your content and are responsible as to what your website provides.
We do not have the resources and time needed to govern our servers constantly
which have growing and evolving content. However, if Moxie Colo Inc is
made aware of any questionable content on a Moxie Colo Inc-hosted site, we
will address the concerns directly with you and seek an amiable resolution. If
anyone contacts us about content they have found on a Moxie Colo Inc
server that copyrights their own material or that they wish to be removed, we
require legal documentation on to take any further action.
REFUSAL OF PAYMENT
If for any reason the customer refuses to pay their invoice, the invoice will be
forwarded to a local Collection Agency, to try and fight for the funds.
OPT-IN E-MAIL MARKETING
If you choose to engage in marketing your site and/or services via email please
heed the following. The only permitted form of email marketing is that in which
the list is "opt-in". By definition, opt-in is where people provide you with
their email address specifically requesting to be on your email list for
information about your site and/or service. If we find your account transmitting
email to persons that did not authorize such activity, that is grounds to
suspend and terminate your site. Note: On the flip side, the joining of an
opt-in email list does not guarantee the legitimacy of such a list. Please
contact us before taking any steps so that you will not be a victim of spam from
second and third parties of such lists. Orders may be denied based on the
projected volume of e-mails that are to be sent from your server. Please contact
us before signing up with the intention to use your server for such lists.
Failure to do so may result in account termination with no refund or credit.
IRC
Moxie Colo Inc does not tolerate any IRC activity to be hosted on its
network, unless specified by Moxie Colo Inc NOC agreement. Any other
reported actions of such activity will result in termination of service without
notice.
UCE, UBE, SPAM
Moxie Colo Inc has a zero tolerance policy regarding unsolicited
commercial email (UCE) and unsolicited bulk email (UBE) also known as "spam".
Spam is the act of sending unsolicited email. You will be cited with UCE/UBE
abuse if you send any email to persons who have not specifically asked to
receive email from you. The sending origin of such email is irrelevant. If your
Moxie Colo Inc-hosted site is referenced in any way within such an email,
then you will be cited for UCE/UBE. Upon confirmation of abuse, any Moxie Colo
Inc customer engaging in this practice will have their service
suspended and terminated immediately without refund. Not only does spam place a
strain on the server that can negatively effect that server's uptime record and
performance record, you subject that server to be blacklisted.
LIABILITIES
Moxie Colo Inc, makes no endorsement, claims, or promises regarding the
services offered by our customers and will not be held liable for any disputes
or claims against said customers. In no event shall Moxie Colo Inc be
liable for any direct, indirect, incidental, consequential, special and
exemplary damages, or any damages whatsoever, arising from the use or
performance of this web site or from any information, services or products
provided through your web site. We are not responsible for any content on any
server in our network and will not take any action against any questionable
material or action until the website in question is brought to our attention by
emailing abuse@moxiecolo.com.
Service Level Agreement
COVERAGE
This web site availability service level agreement (SLA) applies to you if you
have ordered any hosting plan ("service") and you are in good financial standing
with Moxie Colo Inc.
SERVICE LEVEL
Moxie Colo Inc endeavors to have network connectivity available for http
access by third parties 99% of the time ("web site availability").
CREDITS
In the event that there is no web site availability, Moxie Colo Inc will
credit the monthly service charge for the service as calculated below and as
measured 24 hours a day in a calendar month. The maximum credit is not to exceed
the monthly service charge for the affected month:
Web site availability credit
95% to 99.4% = 25%
90% to 94.9% = 50%
89.9% or below = 100%
In order for you to receive a credit on your account, you must request such
credit within seven (7) business days after you experienced no web site
availability so that we may check our stats and your stats. You must request
credit by sending an electronic mail message to accounting@moxiecolo.com. For
security, the body of this message must contain your domain name, the dates and
times of the unavailability of your web site, and such other customer
identification requested by Moxie Colo Inc. Credits will usually be
applied within sixty (60) days of your credit request. Credit to your account
shall be your sole and exclusive remedy in the event that there is no web site
availability.
RESTRICTIONS
Credits shall not be provided to you in the event that you have no web site
availability resulting from (i) scheduled maintenance, (ii) your behavior or the
performance or failure of your equipment, programs or applications, or (iii)
circumstances beyond Moxie Colo Inc reasonable control, including,
without limitation, acts of any governmental body, war, insurrection, sabotage,
embargo, fire, flood, acts of God, strike or other labor disturbance,
interruption of or delay in transportation, unavailability of interruption or
delay in telecommunications or third party services (including DNS propagation),
failure of third party software or hardware or inability to obtain raw
materials, supplies, or power used in or equipment needed for provision of your
Web Site.
LIMITATIONS
Online problems occur continuously. There might come a time when you cannot
access your website or any other service. This is not necessarily due to Moxie
Colo Inc. Perhaps your ISP is experiencing technical difficulties, or
there might be a routing problem between your ISP and the data center utilized
and maintained by Moxie Colo Inc, making communication difficult or
impossible. We cannot bear the responsibility of such problems. Our monitoring
agents determine the uptime of our service, and not any one client's experience.
DEDICATED SERVER RESTORE
Moxie Colo Inc is not responsible for the restoration of data to server.
We strongly recommend that your purchase backup options for your server, and
keep copies of your data off-site with you for emergency purposes. If hardware
failure and data loss occur, you the client, are responsible for data
restoration. Moxie Colo Inc shall not be liable for loss of data under any
circumstance.
HARDWARE REPLACEMENT
Hardware replacement will occur within 1 - 8 hours of the reported problem,
Moxie Colo Inc will refund 5% of the monthly fee per additional 8 hours of
down time (up to 100% of customer's monthly fee). In order to reduce replacement
hardware downtime, we keep a certain quantity of pre-built systems on hand to
swap out hard disks so that your server can be back up in the shortest amount of
time. For hard disk failures, we keep pre-installed drives with our standard
partitioning for immediate deployment. In order to request a SLA hardware
violation credit, you must email sales, within 10 days of reported violation at:
sales@moxiecolo.com. SLA violations will be reviewed by our personnel Monday
- Friday 9AM to 5PM EST. *Hardware SLA violations do not cover network
violation*
Affiliate Program
By filling out the signup form you acknowledge that you have read the terms and
conditions, understand, and agree with them.
1) Joining the program
By filling out the signup form you will automatically become an affiliate and
are bound by the terms of this agreement. Your participation in the program is
solely for this purpose: to legally advertise our website to receive a
commission on products purchased by your referral individuals.
2) Revocation of Affiliate Status
Your affiliate application and status in the program may be suspended or
terminated for any of the following reasons:
- Inappropriate advertisements (False claims, misleading hyperlinks)
- Spamming (mass email, mass newsgroup posting, etc...)
- Advertising on sites containing/promoting illegal activities
- Violation of intellectual property rights.
3) Affiliate Links
You may use graphic and text links both on your website and in emails. The site
may also be advertised "offline" in classified ads, magazines, and news papers.
You may use the graphics and text provided to you by us, or you may create your
own as long as they are deemed appropriate according to the conditions in 2.
4) Affiliate Tracking
When a web surfer clicks through your affiliate link, a cookie is set in their
browser that contains your affiliate username. Also, their IP address is tracked
in the database along with your affiliate name. When this person decides to buy
a product, the script will look for this cookie and/or try to match their IP
address to identify the affiliate who will be awarded the commission. Visitors
sent through your affiliate link may make a purchase later in time and the
commission will still be awarded if the cookie is present in their browser
and/or the are using the same IP address as the one logged in the database.
5) Terms of the agreement
These terms will begin upon your signup with the affiliate program and will end
when your affiliate account is terminated. The terms of this agreement may be
modified by us at any time. If any modification to the terms is unacceptable to
you, your only choice is to terminate your affiliate account. Your continuing
participation in the program will constitute your acceptance of any change.
6) Liability
We will not be liable for indirect or accidental damages (loss of revenue,
commissions) due to affiliate tracking failures, loss of database files, and any
results of "intents of harm" to the program or our website. We do not make any
expressed or implied warranties with respect to the affiliate program and/or
products sold at this site. We make no claim that the operation of the affiliate
program and our website will be error-free and we will not be liable for any
interruptions or errors.
