MOTIONBORG.net and MOTIONBORG, Inc. agree to provide our clients with fast and easy web hosting at affordable prices. MOTIONBORG.net and MOTIONBORG, Inc. will never require our clients to advertise for MOTIONBORG.net and MOTIONBORG, Inc. on their website in any way shape or form. Clients are allowed to use site for business/commercial or personel websites or content.
Content:
All services provided by MOTIONBORG.net 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.net 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.net 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.net 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.net 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.net 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.net 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.net and MOTIONBORG, Inc. Network. If you use a domain name in connection with the MOTIONBORG.net 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.net 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.net 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.net and MOTIONBORG, Inc. reserves the right at its sole discretion to refuse or cancel service. Violation of any of MOTIONBORG.net 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.net and MOTIONBORG, Inc. Network, MOTIONBORG.net and MOTIONBORG, Inc. equipment or any MOTIONBORG.net 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.net and MOTIONBORG, Inc. Network, MOTIONBORG.net and MOTIONBORG, Inc. equipment or any MOTIONBORG.net 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.net and MOTIONBORG, Inc. reserves the right to disable your domain. In addition, MOTIONBORG.net and MOTIONBORG, Inc. may impose a $100 penalty for each spam policy violation. MOTIONBORG.net and MOTIONBORG, Inc. solely reserves the right to refuse or cancel service to known spammers. Lastly, MOTIONBORG.net 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.net 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.net and MOTIONBORG, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against MOTIONBORG.net 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.net 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.net 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.net and MOTIONBORG, Inc. to the amount paid for service.
Disclaimer
MOTIONBORG.net and MOTIONBORG, Inc. will not be responsible for any damages your business may suffer. MOTIONBORG.net and MOTIONBORG, Inc. makes no warranties of any kind, expressed or implied for services we provide. MOTIONBORG.net 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.net and MOTIONBORG, Inc. and its employees. MOTIONBORG.net 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.net 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.net and MOTIONBORG, Inc. wishes to emphasize that in accepting services, customers indemnify MOTIONBORG.net and MOTIONBORG, Inc. for the violation of any law or MOTIONBORG.net and MOTIONBORG, Inc. policy, that results in loss to MOTIONBORG.net and MOTIONBORG, Inc. or the bringing of any claim against MOTIONBORG.net and MOTIONBORG, Inc.. This means that if MOTIONBORG.net 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.net 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.net 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.
