As a provider of web site hosting and other Internet-related services, Mavix Web Solutions offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Mavix Web Solutions respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Mavix Web Solutions reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Mavix Web Solutions has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using Mavix Web Solutions’s services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgement and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Mavix Web Solutions cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgement in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Mavix Web Solutions cannot monitor or censor the Internet, and will not attempt to do so, Mavix Web Solutions cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Mavix Web Solutions does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Mavix Web Solutions’ network and may reach a large number of people, including both subscribers and non-subscribers of Mavix Web Solutions, subscribers’ postings to the Internet may affect other subscribers and may affect Mavix Web Solutions’ goodwill, business, reputation or operations. For these reasons, subscribers violate Mavix Web Solutions policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Mavix Web Solutions, but also because it can overload Mavix Web Solutions’s network and disrupt service to Mavix Web Solutions’s subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Mavix Web Solutions will investigate and shutdown the account that is spamming. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Mavix Web Solutions reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Mavix Web Solutions choose to pursue and prosecute.
2) AUDIO/VIDEO STREAMING
Audio/Video Streaming is not hosting friendly. As such, Mavix Web Solutions does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
3) ADULT-ORIENTED CONTENT
Mavix Web Solutions strictly does not allow adult content.
4) Disk Usage Provision
The content on your website must be linked from an HTML or similarly coded web page with all content is freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. Your hosting account should consist mostly of html and php files.
The number of inodes employed by one hosting account on shared and reseller servers must not exceed the following limits:
Downloadable files, media, databases must comply with the following limitations:
Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability.
Under its sole discretion, Mavix Web Solutions reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension or upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with Mavix Web Solutions and shall be made in its reasonable discretion.
5) Use of Email Services
You should use email and other related services in full compliance with the terms below:
In order to safeguard overall server performance, You may send and/or forward not more than the following number of emails, per hour per domain:
6) LARGE FILE POLICY:
Mavix Web Solutions is not for file hosting and distribution – as such, customers may not host any files larger than 100MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail support[at]Mavix Web Solutions.com.
7) OBSCENE SPEECH OR MATERIALS:
Using Mavix Web Solutions’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Mavix Web Solutions is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
8) DEFAMATORY OR ABUSIVE LANGUAGE
Using Mavix Web Solutions’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
9) FORGING OF HEADERS
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
10) ILLEGAL OR UNAUTHORIZED ACCESS TO OTHER COMPUTERS OR NETWORKS:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
11) DISTRIBUTION OF INTERNET VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE ACTIVITIES:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
12) FACILITATION A VIOLATION OF THIS AUP
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
13) EXPORT CONTROL VIOLATIONS:
Exporting encryption software over the Internet or otherwise, to points outside the United States.
14) USENET GROUPS:
Mavix Web Solutions reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
15) OTHER ILLEGAL ACTIVITIES
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
16) Backup Limitations
For our Starter Business, Ultimate plan customers, we offer unlimited backup storage space with the Jetbackup tool. All the backups are stored for 14 days. Once this period is over, backup will be removed from the server and no copy will exist. We daily backup your entire cPanel account, you can use Jetbackup options under your cPanel to find your backup, restore your account or download the full backup.
If your services are due for Non-Payment, we will suspend your hosting account after 3 days of due date. You can still request backups under 14 days of due date. After that, your hosting account will be terminated, no backups will be provided & backups will be removed from our server.
Most of our servers are have backup equipment. For liability reason we cannot guarantee that your material will be backed up. Therefore please backup your accounts off of our servers. We are not responsible for lost material. If you require your accounts to be backed up we can do so.
17) OTHER ACTIVITIES:
Engaging in activities, whether lawful or unlawful, that Mavix Web Solutions determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Mavix Web Solutions will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Mavix Web Solutions’ policy or applicable law. However, when Mavix Web Solutions becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Mavix Web Solutions.
Mavix Web Solutions is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Mavix Web Solutions’ facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Mavix Web Solutions does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Mavix Web Solutions reserves the right to directly take action against a customer of its subscribers. Also, Mavix Web Solutions may take action against the Mavix Web Solutions’ subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Mavix Web Solutions anticipates that subscribers who offer Internet services will cooperate with Mavix Web Solutions in any corrective or preventive action that Mavix Web Solutions deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Mavix Web Solutions policy.
Mavix Web Solutions will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Mavix Web Solutions may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Mavix Web Solutions may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Mavix Web Solutions assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Mavix Web Solutions may disclose subscriber information or information transmitted over its network where necessary to protect Mavix Web Solutions and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Mavix Web Solutions will never sell information to other services or outside companies.
Mavix Web Solutions expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Mavix Web Solutions policy. Finally, Mavix Web Solutions wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Mavix Web Solutions for any violation of the Service Agreement, law or Mavix Web Solutions policy resulting in loss to Mavix Web Solutions or the bringing of any claim against Mavix Web Solutions by any third party. This means that, if Mavix Web Solutions is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Mavix Web Solutions, plus costs and reasonable attorney’s fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Mavix Web Solutions and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to info[at]mavixweb.com.