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Use
of Mercury Servers's services constitutes acceptance and
agreement to this AUP and TOS.
We
support the uncensored flow of information and Ideas using
our services and we do not actively monitor the activity
of our customers under normal circumstances. We do not exercise
unfair editorial or property control over the contents hosted
with us. We may remove, in our sole discretion, any content
or ask a user to remove data that we do not feel is acceptable
even if it is not clearly stated in this agreement. We will
remove any materials that may be illegal, may subject us
to liability, or which may violate this AUP. Mercury Servers
will try its best to cooperate with legal authorities and/or
third parties in the investivations of any suspected or
alleged crime or civil wrongdoing.
You
may not use this service to publish material that Mercury
Servers determines, at its sole discretion to be unlawful,
indecent, or violating to this agreement. For purposes of
this policy, "material" refers to all forms of
communications including narrative descriptions, graphics
(including photographs, illustrations, images, drawings,
logos), executable programs, video recordings, and audio
recordings.
If an account hosted on our servers or networks violates
the AUP or our TOS we reserve the complete right to terminate
your service(s) without notice. We will try to notify customers
of material that we feel may be indecent before terminating
or suspending an account, however, we are not responsible
for contacting customers before suspending or terminating
any account. Any violations of the AUP or our TOS will result
in immediate termination of an account.
It
is a customer's responsibility to enforce this policy on
all users who use Mercury Servers's services. Failure to
enforce this policy upon users who may be customers of our
subscribers but not direct customers of Mercury Servers
will result in suspension or termination of the account(s)
of the customer who failed to do, including other users
of a violating customer did any wrongdoing. It is the customer's
responsibiliy to enforce this policy. If Mercury Servers
fails to enforce this policy clearly it shall not be construed
as a waiver of our right to do so at any time. All third
parties are required to comply with this policy.
If
an account is suspended or terminated we will not issue
a refund. We do not offer a money back gurantee. Setup Fees
cannot be refunded
Illegal
use
Use of Mercury Servers's services to carry out or promote
any type of illegal activity is strictly prohibited. We
reservice the right to cooperate with law enforcement and/or
third parties to investigate. We reserve the right to seize
any materials that may help carry out a proper investigation
without notice.
Harm
to minors
Use of the Mercury Servers service to harm, or attempt to
harm, minors in any way, including, but not limited to child
pornography.
Threats:
The use of our services to transmit threats that involve
bodily harm or destruction of property is prohibited.
Harassment
Any use of our services to harass others will result in
termination of an account. Harassing corporations or companies
by publishing materials to inform other users that do not
have association with Mercury Servers is permitted. E-Mailing
harassing material or posting harassing material on message
boards are not permitted under any circumstance.
Fraudulent
activity
Any use of our services to make fraudulent offers to sell
or buy products, items, or services, or to promote any type
of financial scam is strictly prohibited. Law enforcement
officials may be notified. Intentionally causing misrepresentation
or issueing misleading statements to end users will not
be tolerated
Refund
Policy
Client will be given refund within the purchase of 15 days.
client will be informed through PAYPAL account and the Email
reminder of Billing Dept. if Client fail to claim the money
in 48 hrs. after that Mercuryserver will not be reponsible
for any refund.
Forgery
Attempting to impersonate any other user or an administrator
is prohibited. The use of the name "anonymous"
does not constitute impersonation. This includes forging
E-mails.
Unsolicited
e-mail
Any use of our services to transmit unsolicited e-mail is
prohibited. Any user who supports spammers of any way whatsoever
will result in termination or suspension of their account.
If a customer indirectly supported unsolicited e-mail they
will be subject to a $200 service fee as the first offense.
If a second offense occurs the account(s) will be terminated
and we will notify law enforcement officials.
E-Mail
Lists
The selling of E-Mail Lists, addresses, or any information
on shared hosting or virtual server accounts is subject
to a $50 one time fee per account. Failure to pay this fee
will result in suspension or termination of your account(s).
The E-Mail lists must also have authorization from the users
listed in them to be legal.
Pornography
The publishing of pornographic materials using our services
will result in suspension of account(s). Users indirectly
violating this will be subject to a $50 service fee. A second
office will result in immediate termination of account(s)
or services with Mercury Servers.
Sex-based
Services
Sexual-based services that include escort services and prostitution
are against the policy. It is also prohibited to sell adult
toys, magazines, etc. Services that provide nude photos
of anything in a sexual way is prohibited.
E-mail
/ News Attacks
The malicious intent to impede another person's use of electronic
mail services or news will result in account termination.
Usenet
& Message Board SPAMing:
Spamming or sending unsolicited advertisements on message
boards and in any way is strictly prohibited.
Unauthorized
access
Using Mercury Servers's services to gain unauthorized access
to another service or device is prohibited, weither or not
it damanged private property. This will result in immediate
termination of service and notification to law enforcement
officials.
Personal
data
We reserve the right to collect personal data for use in
investigations.
Internet
disruptions
Use of our networks to distrupt internet traffic or provide
unfriendly activity toward other servers, users, networks,
etc. on the internet. Use our service for any activity which
affects the ability of other people or systems to use the
Internet. This includes "denial of service" (DOS)
attacks against another network host or individual user.
Infringement
of Copyright, Patent, Trademark, Trade Secret, or other
Intellectual Property Rights
Use of copyrighted or the aforementioned infringements on
our network(s) will result in an account suspension until
the intellectual property is removed.
Viruses
Intentionally distributing software that causes intends
to cause damange to private property, harassment and annoyances
to users are prohibited. Immediate Termination and notification
to law enforcement officials will occur.
Useless
Traffic
Creating uless traffic such as by continuously pinging other
customers or Mercury Servers will result in account suspension.
IRC
Hosting IRC servers is strictly prohibited on our network(s).
This will result in termination of account
Chat
Chat applets, scripts and software that are not provided
by Mercury Servers is prohibited unless if a Mercury Servers
administrator allows you to do so, Mercury Servers has the
right to charge fees for the hosting of chat. This applies
to Shared hosting and virtual servers. This does not apply
to dedicated servers.
Mailing
Lists
Mailling lists with other 200 subscribers will be subject
to a $50 one time fee. This applies to Shared hosting and
virtual servers. This does not apply to dedicated servers.
Backups
It is the customer's responsibility to provide backups of
their own data, even if we do provide backups. If the customer
has paid Mercury Servers to backup their data then Mercury
Servers will do so.
Loss
of Data
We are not held liable for any loss of data, even if we
do provide backups. We cannot be held accountable for the
damange of data hosted on our network(s).
Harassment
of Mercury Servers
You are expected to act polite and in an orderly manor toward
Mercury Servers and those who are associated with Mercury
Servers. Rude and harassing behavior will result in denial
of technical & customer support.
Security
You are responsible for any misuse of your account. We will
not be held liable for security issues with your account.
You may not attempt to circumvent user authentication or
security of any host, network or account. Sharing your password
and account access with unauthorized users is prohibited.
Revisions
We reserve the complete right to revise the AUP or the TOS
at any time. All users are required to obey any future revisions.
Revisions will be posted on the Mercury Servers website.
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