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Terms of Use
MEZZION reserves the right to alter, ammend or modify any provision of this Terms of Service Agreement at any time with or without prior notice to you. This Agreement is effective from your acceptance thereof, which is indicated by the establishment of your account. If you are a current MEZZION client when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement. 1.
Service 1.2. Any means of identification assigned to you by MEZZION (including username and IP address) will remain the property of MEZZION. MEZZION reserves the right to alter or replace these forms of identification at any time. 1.3. MEZZION makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. MEZZION reserves the right to discontinue and/or change the Service or any of its features at any time with or without notice. 2.
Registration Requirements 2.2. You agree to provide MEZZION with accurate, complete and up-to-date billing information, including your legal name, electronic mail (e-mail) address, home address, and telephone number. All changes to this information must be reported to MEZZION within 30 days of the change. 2.3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you close the account as specified in Section 11. If any information provided by you is inaccurate, not current or incomplete, MEZZION retains the right to suspend or terminate your account. 3.
Use of the Service 3.2. You are responsible for maintaining the confidentiality of passwords used by yourself or any authorized user for your account. 3.3. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects MEZZION to liability; or is in any violation of the MEZZION Terms of Service Agreement. 4.
User Conduct 4.2. You may now resell multi hosted accounts. 4.3. You agree that your use of the Service is subject to all applicable local, state, national and international laws and regulations. Furthermore, you agree that you recognize that violation of any such laws, rules and regulations shall be cause for immediate termination, without notice, of your account at the sole discretion of MEZZION. 5.
Unacceptable Use of Service 5.2. We reserve the right to remove permission to access the Service if we suspect security violation attempts involving your account, whether directly deliberately caused by you or not. 5.3. Spamming, to send unsolicited commercial email or newsgroup posts, from the server or involving your domain. 5.4. Mail bombing, sending of large files or emails to other users against the request of an Internet user, whether or not our servers are used. 5.5. Violations of system or network security is prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. 5.6. The use of programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) on the server. 5.7. Unacceptable site content, links, storage and/or distribution including, but not limited to, pirated software or programs which are intended or used for security violation purposes ("cracking software"); "Warez Sites"; "IRC Bots"; pornography; nudity; sexually explicit or offensive material; and defamatory, scandalous, or private information about a person without their consent.
6.
Fees 6.2. Current pricing for MEZZION services may be obtained by sending an email to: prices@mezzion.com. MEZZION reserves the right to change prices, rates and/or institute new charges/fees at any time upon 30 days prior notice. 6.3. A service charge will be assessed to your account for each check that is returned to MEZZION for insufficient funds. 6.4. Payment must be made towards your account on its assigned due date. If your account is delinquent, your account may be suspended or terminated at the sole discretion of MEZZION.
6.5. If you believe that MEZZION has billed you in error, you must contact the Billing Department within 30 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges billed in error which are more than 30 days old. 7.
Discaimer of Warranties 7.2. MEZZION shall not be liable for any costs or damages arising directly or indirectly from use of the Service. It is soley your responsibility to evaluate the accuracy, quality, completeness, and usefullness of all opinions, advice, services, and other information provided through the Service. 8.
User Remedies 8.2. Under no circumstances shall MEZZION, its employees, affiliates or contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from any: use of your account or the Service or your inability to use the Service; your reliance on or use of information, services or merchandise provided on or through the Service or that result from mistakes, ommissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. 9.
Idemnity 10.
Termination of Agreement 10.2. MEZZION may terminate this Agreement at any time without cause upon 30 days prior notice; or; immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement including, but not limited to, a breach of any obligation imposed under Sections 2, 3, 4, 5 or 6 or if you fail to pay any charges within 10 days of the date they accrue. 10.3. Upon termination of this Agreement, all rights granted to you or your authorized users under this Agreement shall immediately cease and terminate. 10.4. Termination from this Agreement does not release you from the obligation to pay all accrued charges under this Agreement. 10.5. Sections 6, 7, 8, 9, and 11 shall survive termination of this Agreement, MEZZION retains the right to enforce these provisions regardless of account status. 11.
Closing an Account Include your account information (domain name, username, IP address, and password) Reference your Order/Authorization Number you recieved with your first reciept of payment. Failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
Use
and Misuse of the Services When MEZZION.COM becomes aware of possible violations of this Agreement, MEZZION.COM may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on MEZZION.COM's servers. MEZZION.COM, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD MEZZION.COM HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY MEZZION.COM AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM MEZZION.COM AS A RESULT OF MEZZION.COM'S DECISION TO: REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MEZZION.COM CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT. Use
and Misuse of Materials You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorisation. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of MEZZION.COM's servers. You may not post, upload or otherwise distribute copyrighted material on MEZZION.COM's servers without the consent of the copyright holder. Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; Attempts to circumvent any user authentication or security of host, network, or account; Accessing data not intended for user; probing the security of any network; Spawning dozens of processes; Port scans, ping floods, packet spoofing, and forging router information; Denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; Promulgation of viruses; and IRC bots, such as eggdrop or BitchX. MEZZION.COM supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, MEZZION.COM will not substitute itself for a court of law in deciding tort claims raised by the third party. Email
Use You should not send email to any user who does not wish to receive it, either at MEZZION.COM or elsewhere. MEZZION.COM recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop. You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. MEZZION.COM may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information. Violations of the MEZZION.COM policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that MEZZION.COM resources are affected, MEZZION.COM's staff may shut down your mailbox. System
Security If you are involved in violations of system security, MEZZION.COM reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. MEZZION.COM will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers. System
Resources Any usage of 10% or more of MEZZION.COM's system resources is an undue burden on MEZZION.COM's system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice. Further, running programs in the background on a MEZZION server without MEZZION.COM's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, mailing lists that send more then 1,000 emails a day and the like are not acceptable uses of MEZZION.COM's servers.
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