Content:
All services provided by MotionBorg.com and MotionBorg, Inc. may be
used for lawful purposes only. Transmission, storage, or presentation
of any information, data or material in violation of any United States
Federal, State, or City law is prohibited. This includes, but is not
limited to: copyrighted material, material that is threatening or obscene,
material that is "adult only" content, or material protected
by trade secrets and other statue. The subscriber agrees to indemnify
and hold harmless MotionBorg.com and MotionBorg, Inc. from any claims
resulting from the use of the service which damages the subscriber or
any other party.
Note: Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. MotionBorg.com and MotionBorg, Inc. will be the sole arbiter as to what constitutes a violation of this provision.
Examples of non-acceptable content or links:
Pirated software
Hackers programs or archives
Warez Sites
Pornography
Spamming Software
Traffic Guidelines
Due to the unique resource characteristics and traffic patterns
associated with certain types of sites, the following are limited
to 2 gigs (on average, close to a 40,000 hits per month) of
free traffic/bandwidth per month:
Sub hosting - any domain housing additional users
Shareware, sound, video, image and multimedia archives
Mirror sites
Distribution points
Any site whose primary purpose is file distribution
All sites with files other than plain text webpages
Sites that go over the allowed free traffic will be charged $10 per
gig. Sites must pre-pay this fee, and site is subject to suspension
if bandwidth is unpaid.
Background Running Programs:
As a general rule we do not allow background running programs. We may
allow programs to run continually in the background , these are considered
on a case by case basis and an extra charge will be incurred based on
system resources used and operational maintenance needed.
IRC:
We currently do not allow you to link to or use IRC or IRC bots
such as eggdrop, and BitchX on our servers.
CGI Scripts
Each MotionBorg.com and MotionBorg, Inc. account comes fully equipped
with its own pre-configured CGI-Bin if applicable to the clients hosting
package. Customers are free to use any CGI-scripts provided with their
account or add any additional ones they require. Any CGI-scripts deemed
to be adversely affecting the server performance or the network integrity
may be shut down without prior notice. CGI-script sharing with domains
not hosted by MotionBorg.com and MotionBorg, Inc. is not allowed.
Server Resources
Any web site that uses a high amount of server resources (such
as, but not limited to CPU time, memory usage, and network resources)
can be suspended without notice, and then may be given an option
of either upgrading their service level or reducing the resource
used to an acceptable level.
Distribution and/or Transmission of Obscene or Indecent Speech
or Materials
Violation of indecency and obscenity laws can result in criminal
penalties.
Intellectual Property Rights
Material accessible to you through MotionBorg.com and MotionBorg,
Inc.'s Services may be subject to protection under the United
States or other copyright laws, or laws protecting trademarks,
trade secrets or proprietary information. Except when expressly
permitted by the owner of such rights, you must not use the
MotionBorg.com and MotionBorg, Inc. Service in a manner that
would infringe, violate, dilute or misappropriate any such rights,
with respect to any material, which you access or receive through
the MotionBorg.com and MotionBorg, Inc. Network. If you use
a domain name in connection with the MotionBorg.com and MotionBorg,
Inc. Service or similar service, you must not use that domain
name in violation of any trademark, service mark, or similar
rights of any third party.
Network Security
Customers may not use the MotionBorg.com and MotionBorg, Inc.
Network with an attempt to circumvent user authentication or
security of any host, network, or account. This includes, but
is not limited to, accessing data not intended for the customer,
logging into a server or account the customer is not expressly
authorized to access, password cracking, probing the security
of other networks in search of weakness, or violation of any
other organization's security policy. Customers may not attempt
to interfere or deny service to any user, host, or network.
This includes, but is not limited to, flooding, mail bombing,
or other deliberate attempts to overload or crash a host or
network. MotionBorg.com and MotionBorg, Inc. will cooperate
fully with investigations of violations of systems or network
security at other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal violations.
Users who violate system or network security may incur criminal
or civil liability.
Defamation
Defamatory speech distributed over the Internet can result in
civil liability for the defamer.
Refusal of Service
MotionBorg.com and MotionBorg, Inc. reserves the right at its
sole discretion to refuse or cancel service. Violation of any
of MotionBorg.com and MotionBorg, Inc.'s Rules and Regulations
could result in a warning, suspension, or possible account termination.
Accounts terminated due to policy violations will not be refunded.
Spam Or Unsolicited E-Mail:
You must not use the MotionBorg.com and MotionBorg, Inc. Network,
MotionBorg.com and MotionBorg, Inc. equipment or any MotionBorg.com
and MotionBorg, Inc. email address in connection with the transmission
of spam, flames, mail bombs, or substantially similar, unsolicited
email messages. Your domain may not be referenced as originator,
intermediary, or reply-to address in any of the above. This
prohibition extends to the sending of unsolicited mass mailings
from another service that in any way implicates the use of the
MotionBorg.com and MotionBorg, Inc. Network, MotionBorg.com
and MotionBorg, Inc. equipment or any MotionBorg.com and MotionBorg,
Inc. email address. A message is considered unsolicited if it
is posted in violation of a newsgroup charter or if it is sent
to a recipient who has not requested or invited the message.
For purposes of this provision, merely making one's email address
accessible to the public will not constitute a request or invitation
to receive messages.
If you are found to have spammed, without warning, MotionBorg.com and MotionBorg, Inc. reserves the right to disable your domain. In addition, MotionBorg.com and MotionBorg, Inc. may impose a $100 penalty for each spam policy violation. MotionBorg.com and MotionBorg, Inc. solely reserves the right to refuse or cancel service to known spammers. Lastly, MotionBorg.com and MotionBorg, Inc. reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
As such, any violation will result in immediate deactivation of services without refund.
Abuse:
Any attempts to undermine, slander, libel, threaten, swear at,
or cause harm to a MotionBorg.com and MotionBorg, Inc. server,
customer, employee, or the company directly is strictly prohibited
and is grounds for immediate termination without refund. In
addition, we will pursue all attempts to the fullest extent
of the law.
Indemnification:
Customer agrees that it shall defend, indemnify, save and hold
MotionBorg.com and MotionBorg, Inc. harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against MotionBorg.com and MotionBorg,
Inc., its agents, its customers, officers and employees, that
may arise or result from any service provided or performed or
agreed to be performed or any product sold by customer, it's
agents, employees or assigns. Customer agrees to defend, indemnify
and hold harmless MotionBorg.com and MotionBorg, Inc. against
liabilities arising out of; (1) any injury to person or property
caused by any products sold or otherwise distributed in connection
with MotionBorg.com and MotionBorg, Inc. server; (2) any material
supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party and (3) copyright infringement.
Customer agrees to limit the liability of MotionBorg.com and
MotionBorg, Inc. to the amount paid for service.
Disclaimer
MotionBorg.com and MotionBorg, Inc. will not be responsible
for any damages your business may suffer. MotionBorg.com and
MotionBorg, Inc. makes no warranties of any kind, expressed
or implied for services we provide. MotionBorg.com and MotionBorg,
Inc. disclaims any warranty or merchantability or fitness for
a particular purpose. This includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by MotionBorg.com and MotionBorg, Inc.
and its employees. MotionBorg.com and MotionBorg, Inc. reserves
the right to amend or update these policies without notice.
Failure to follow any terms and conditions may result in account
deactivation.
MotionBorg.com and MotionBorg, Inc. furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, MotionBorg.com and MotionBorg, Inc. wishes to emphasize that in accepting services, customers indemnify MotionBorg.com and MotionBorg, Inc. for the violation of any law or MotionBorg.com and MotionBorg, Inc. policy, that results in loss to MotionBorg.com and MotionBorg, Inc. or the bringing of any claim against MotionBorg.com and MotionBorg, Inc.. This means that if MotionBorg.com and MotionBorg, Inc. is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against MotionBorg.com and MotionBorg, Inc., plus costs and reasonable attorneys' fees.
If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.
MotionBorg.com and MotionBorg, Inc. reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.