Mt. Hunger Hosting Policies and Terms of Service

Updated 4/27/06.

Mt. Hunger Hosting and its affiliates, hereafter referred to as MHH, provide a range of electronic and other services. Internet Services provided by MHH, hereafter referred to as the Site, are provided under the following Terms of Service agreement.

Short Version

Unsolicited or Commercial Bulk Email Policy:

If you send unsolicited e-mail or post excessive Usenet messages promoting your site, business, or opportunity, or cause responses from such e-mail messages or posting to be directed to your mailbox at MHH facilities, your site, account, etc. will be deleted without warning. We will also bill you for the services you use while sending such messages, the time required to clean up any mess that you make, and any legal fees or other costs we incur while dealing with the incident.

Free Speech policy:

We don't really care about what you send in e-mail, or what you put on your web pages. But, material that we deem to be grossly offensive, including clear expressions of bigotry, racism, or hatred will not be tolerated.

Piracy:

We will not tolerate the use of our services to promote software piracy.

Full Version

Mt. Hunger Hosting and its Affiliates (MHH) offer a number of Internet-related services.

It is contrary to our policy for any user of any of these services to take part in any of the following activities through a MHH provided service:

  • To post a single article or advertisement to more than ten (10) Usenet or other newsgroups, forums, email mailing lists or other similar groups or lists;

  • To post to any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;

  • To send unsolicited mass emailings, causing such unsolicited emailings to provoke complaints from any of the recipients;

  • To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a MHH account or with a MHH account as a maildrop for responses;

  • To use the mthunger.net domain name or the domain name of any MHH affiliates to advertise any MHH website or service via Unsolicted Commercial Bulk Email as defined above.

MHH considers the above practices to constitute abuse of its service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, these practices are prohibited by MHH's terms and conditions of service. Engaging in any of these practices will result in termination of the offender's account and/or access to MHH services.

In addition, MHH reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded.

This policy addresses only the kinds of network abuse specifically enumerated above. In addition to these activities, MHH's terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and MHH will respond as appropriate to these other activities as well.

Nothing contained in this policy shall be construed to limit MHH's actions or remedies in any way with respect to any of the foregoing activities, and MHH reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from use of MHH services.

In addition, MHH reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.

By use of the Site, you agree to use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed below.

Site Guidelines

MHH is not responsible for the content of any homepage, and the views expressed are the responsibility of the User and not MHH.

MHH does not review Web pages in any way before they appear on the Site.

MHH reserves the right to remove any page from the Site at any time without notice.

MHH provides space for Web Pages/Sites but makes no implied or express warranties about the reliability of these pages. MHH is not responsible for any damage caused by loss of access to, or deletion or alteration of web pages; individual Users are responsible for monitoring and creating backups of their pages.

The following is a non-exclusive list of actions and content that are not permitted on the Site:

  • Any use of copyrighted material without the express permission of the author or owner.

  • Pages that exploit the images of anyone under the age of 18.

  • Material that we deem to be grossly offensive, including clear expressions of bigotry, racism or hatred.

  • Messages, web pages, or communications of any kind that promote illegal activity.

  • Material that defames, abuses or threatens others.

  • Making available copyrighted software which has been cracked - i.e., the copyright protection has been removed from the software.

  • Making available serial numbers for software which can be used to illegally validate or register software.

  • Making available tools which can be used for no purpose other than for cracking software.

Indemnity

User agrees to indemnify MHH and any third-party information providers against any and all claims and expenses, including attorneys' fees, arising from the User's use of the Site. This expressly includes:

  • (i) User's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and

  • (ii) any libelous or unlawful material contained within User's Web Page or other portion of the Site.

Termination of Service

Mt. Hunger Hosting may terminate any and all information, communications, Postings, or Web Pages at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out by MHH elsewhere on the Site. MHH may terminate and delete any and all information, communications, Postings, or Web Pages for online conduct that MHH believes is harmful to other Users, the business of MHH, or other third-party information providers.

Fees for unsolicited commercial e-mail

Mt. Hunger Hosting will apply the following charges to unsolicited commercial e-mail that passes through the Site:

  • For each Unsolicited Commercial E-Mail message received at the Site: $500 per copy

  • For each Unsolicited Commercial E-Mail sent via the Site: $100 per copy

  • Cleanup charge for service termination related to Unsolicited Commercial E-Mail: $1000 per incident

  • Administrative charge for redirection of remove me or other abuse messages related to forged headers in Unsolicited Commercial E-Mail: $100 per message

We will also charge for any legal fees or other costs we incur while dealing with the incident.

Choice of Law

This Agreement shall be construed and controlled by the laws of the State of Vermont, without regard to its conflict of law provisions. Any dispute arising hereunder will be governed by the laws of the State of Vermont. The User agrees to personal jurisdiction by the State and Federal courts of the State of Vermont.

If you have any questions regarding the information on this page please email us. You may also wish to view our hosting agreement..


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