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Acceptable Use Policy

Acceptable Use Policy

MAD House Graphics (MHG) provides web site hosting and dedicated services to its clients as a way for those clients to pursue the informational and commercial exchange the Internet affords. To protect the interests of all clients and to ensure optimal service levels, MAD House Graphics has developed the following Acceptable Use Policy ("AUP") for clients as a guide to client rights and responsibilities when utilizing services offered by MAD House Graphics. Use of any service offered by MAD House Graphics by any client will constitute acknowledgment of and agreement to the terms outlined in this document. This AUP may be revised in part or in full at any time by MAD House Graphics and notices of changes will be posted to the MAD House Graphics community forums. Continued use of services offered by MAD House Graphics after such changes or enhancements to the AUP have been made will constitute acceptance of any revisions to the AUP.

Content
All services provided by MAD House Graphics may be used for lawful purposes only. MAD House Graphics does not monitor, edit, censor, or take responsibility for client content or communications from within the network controlled by MAD House Graphics except inasmuch to determine if violations of the AUP have occurred once a suspected violation has been brought to the attention of MAD House Graphics. Therefore, clients are solely responsible for the content and use of their service as provided by MAD House Graphics and should ensure that such use falls within the guidelines of the AUP. MAD House Graphics cannot and will not monitor, edit, censor, or otherwise interfere with information or content clients may retrieve from sources outside the MAD House Graphics network even when such information is made available to clients through the use of material deliverable to any site or service maintained by MAD House Graphics, such as via email. Because of this, MAD House Graphics will not be responsible for injury or liability to any client resulting from communications that may be offensive, misleading, illegal, or otherwise unsuitable in the view of the client. Clients further agree to indemnify and hold harmless MAD House Graphics or any of its subsidiaries from claims resulting from the use of any provided service which damages the client of any other party.

Data Retention
Backups are performed by MAD House Graphics as a courtesy to clients; however, all clients are advised to maintain a current local copy of their files in the event backups are irretrievable for any reason. MAD House Graphics will not be deemed responsible for data or other loss resulting from the unavailability of backups. Backups will not be retained for accounts that have been cancelled, unless such retention is deemed necessary by MAD House Graphics. As cancellation requests are processed immediately, any required files from the affected account should be downloaded prior to the cancellation request.

Prohibited Activities
Commercial advertising - email:
The sending of unsolicited email (spamming) from a MAD House Graphics server or referencing a domain hosted by MAD House Graphics in any spam, whether originating from the MAD House Graphics network or not, is forbidden. MAD House Graphics maintains an excellent reputation as a zero-tolerance provider due to swift action on spam complaints. Complaints regarding spamming are investigated thoroughly by MAD House Graphics. Should abuses be found, MAD House Graphics reserves the right to immediately and without notice terminate the offending account. Sites that promote, sell, or otherwise provide access to spamware products or email lists or products that are solely for the purpose of extraction or sale of email addresses or which are used to send bulk email are not permitted on any MAD House Graphics server. Unsecured form to mail scripts, such as Matt Wright's formmail script, are likewise prohibited as are any naming variant of generic form to mail scripts (formmail.*, Formmail.*, FormMail.*). Unsecured form to mail scripts found to exist under any client account may be deleted or renamed at the discretion of MAD House Graphics.

Misuse of system resources:
To protect and maintain high availability of all servers, activities designed to cause harm to or monopolize the resources of any server in the MAD House Graphics network is prohibited. This includes, but is not limited to, the use of programs that consume excessive CPU time; use of server space for backup or storage of material unrelated to the web site of an account; use of any provided mail services other than for the client's own account; resale of disk space without an appropriate reseller agreement; use of servers to engage in any malicious or illegal activity, including unauthorized access to remote systems or providing the means for such access or engaging in any activity that can be used as a means to begin remote system penetration; distribution of viruses, worms, or any other electronic destructive resource; or maintaining or creating any free for all (FFA) type sites.

Internet Relay Chat ("IRC") related materials are prohibited, without exception. This includes bots, bouncers, or any script or software package designed to facilitate the creation, maintenance, or access to any IRC server or channel. Client accounts found to have such software or scripts uploaded are subject to suspension or termination without notice. Scripts or software found to exist on any server will be deleted immediately upon discovery, without notice, and a warning issued. Further violations of this policy will result in account termination.

CGI or php-based shell scripts are prohibited. This includes any script that is used for the purpose of issuing shell-level commands or which acts as a proxy for shell access via a web browser rather than the use of the embedded SSH client in the control panel or the use of a standalone SSH client. Such scripts will be deleted without notice when found. Continued use of such scripts will be grounds for account termination.

Web proxy scripts are prohibited. This includes any script, such as nph-proxy, that allows anyone to browse to a third party web site from any server in the MAD House Graphics network or that otherwise masks the true origination point of browsing activities by use of network information associated with MAD House Graphics. Such scripts will be deleted when found. Repeated violations will result in account suspension or termination.

The weblog software Greymatter is not permitted on any MAD House Graphics server. Filtering is performed on all servers to deny access to the scripts Greymatter utilizes due to the resource issues created by those scripts. Installations found will be noted to the account holder for removal and transitioning to a new weblog software package.

Illegal or obscene content:
Use of any MAD House Graphics service to make any illegal or obscene content available via transmission, storage, or display of such material is prohibited. Accounts maintaining such content are subject to suspension or termination without notice.

Intellectual property violations:
Any activity that infringes on copyrights, trademarks, service marks, patents, software ownership, or trade secrets held by any third party entity is prohibited. MAD House Graphics is required by law to remove or suspend accounts that violate copyright held by third parties when notified that such infringement exists. Accounts that continually engage in such violations are subject to termination. Material that infringes on the privacy or rights of others, or that otherwise represents a reasonable, credible threat, is prohibited. Disputes between parties where clear legal decisions cannot be determined by individual claims must be settled between those parties and valid legal documentation must be provided for action related to content on sites within the MAD House Graphics network. In no instance will MAD House Graphics be responsible for individual site material for which no authoritative documentation has ben provided.

Other activities:
Any activity not defined above but judged by MAD House Graphics to be harmful to other clients or general operations of the network will be addressed on a case by case basis.

Account Policies and Cancellation
Cancellation requests must be made via your email address on file. For your protection, no other avenues of cancellation will be accepted. All fees paid for service to the point of cancellation are nonrefundable. Cancellations require a 30 day notice. All fees paid for domain registration are nonrefundable, without exception. Domain registration for accounts payable by check are completed only after payment is received.

Accounts are payable in full at the time of account creation. Accounts for which payment by credit card is selected are subject to suspension if payment cannot be processed at the time of account creation. If payment by check or money order is preferred, we require annual prepayment. New accounts that remain past due thirty (30) days after account activation are subject to termination. Any account reaching thirty (30) days past due is subject to suspension for nonpayment. Such accounts are subject to termination after forty-five (45) days in a past due state. All invoicing and payments are automatic and recurring based on the contract length specified by the client at the time of account setup or by request after setup has been completed. All invoices are due upon creation. Chargebacks issued for valid hosting fees will result in immediate account termination, without prior notice, and without exception.

Service and Reporting
MAD House Graphics reserves the right to refuse, cancel, or suspend service at its discretion. All clients, direct or indirect via resold account and all subnetworks and subsidiaries are subject to the terms of this AUP. Any violations of the above policy may be made via email or via postal mail to:

MAD House Graphics
PO Box 7619
Newark, DE 19714
USA

Indemnification and Governance
All customers agree to indemnify, defend, and hold harmless MAD House Graphics from any and all losses, expenses, liabilities, claims, attorney's fees, damages, awards, judgments, or actions that may arise from the use of this service other than as expressly authorized by the terms of this policy. MAD House Graphics makes no warranties, expressly or implied, for this service. This service is offered on an "as is" basis, and customers waive all claims as noted above that may arise from the inability to use this service as provided. The recourse available to customers should customers become dissatisfied with this service, the terms of this service, or any policy, practice, or guideline as set by MAD House Graphics will be limited to discontinuation of service as denoted in the Account Policies and Cancellation item above. This agreement is governed by the laws of the state of Delaware and the United States of America. Customers agree that all services provided by MAD House Graphics are deemed to have been requested in and provided in New Castle County, Delaware, and that jurisdiction for any and all claims or disputes shall reside there.

Copyright Information
This document and all portions of the MAD House Graphics web site, including images, text, and scripts where ownership is not held by third parties are copyright 1997-2005 MAD House Graphics. No portion of this site or the content contained within may be reproduced in any form, or modified or otherwise altered for use by any party without the express permission of MAD House Graphics. Under no circumstances may the Acceptable Use Policy or Privacy Policy be reproduced by any party for any reason. Violations of the copyright held by MAD House Graphics on any material from this site may be reported to MHG.