All services provided by MakeTheMostOfYourLife.com ("MakeTheMostOfYourLife.com")
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 we judge to be threatening or
obscene, or material protected by trade secret and other
statute. The subscriber agrees to indemnify and hold
harmless MakeTheMostOfYourLife.com from any claims resulting
from the use of service which damages the subscriber or any
other party.
Prohibited are sites that promote any illegal activity or
present content that may be damaging to
MakeTheMostOfYourLife.com' servers, or any other server on
the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
pirated software
hacker programs or archives
Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL
ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER
PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR
ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND
A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY,
MakeTheMostOfYourLife.com WILL NOTIFY THE PROPER AUTHORITIES
OF YOUR ACTIONS.
Traffic Usage
All account plans come with a predetermined amount of
traffic allowance. We monitor all accounts and bill $1.00
for each gig of traffic exceeded. This amount is not
prorated, meaning that 1 mb - 1 gig will be treated and
billed as the same.
IRC
We currently do not allow IRC or IRC bots to be operated on
our servers.
Server Abuse
Any attempt to undermine or cause harm to a server or
customer of MakeTheMostOfYourLife.com is strictly
prohibited. As our customer you are responsible for all your
accounts. Should you violate the Terms of Services outlined
within, your account will be cancelled without chance of
refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service,
at our sole discretion.
All sub-networks, distributive hosting sites and
dedicated servers of MakeTheMostOfYourLife.com must adhere
to the above policies, with the exception of system
resources in respect to dedicated servers.
Billing
By the Account Activation Date of each month,
MakeTheMostOfYourLife.com shall either:
(1) debit the client's credit card (when such information
has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in
accordance with the applicable Service Fees for services
rendered for the current month. When an invoice is delivered
to the client, payment shall be remitted to
MakeTheMostOfYourLife.com by no later than the specified
payment due date. MakeTheMostOfYourLife.com shall be
entitled to immediately terminate this agreement for
client's failure to make timely payments. You will be
provided with an invoice on a monthly basis. All credit
cards are billed automatically on a monthly basis. It is the
client's responsibility to ensure that they have sufficient
credit to cover this transaction. In the event that there is
insufficient credit, we will send an e-mail notification, at
which point we will need to be provided with another credit
card account number within 24 hours. If we do not receive a
response within 24 hours, the account, and all accounts
under that account plan, will be suspended.
Service Fees
Certain services carry a setup fee charged by
MakeTheMostOfYourLife.com to client, which must be paid by
client in order to have use of said services. If client
terminates this agreement, client shall be responsible for
any and all outstanding fees owed to
MakeTheMostOfYourLife.com and agrees to pay any and all fees
incurred by client. Because the services are provided on a
monthly basis, the client will be responsible for service
fees incurred each month, regardless of when client provides
notice of termination. Thus, for example, if the client
provides notice of termination on the 15th day of a
particular month, the client will be responsible for service
fees for the entire month, and such fees will not be
pro-rated or refunded.
Money back guarantee & refund policy
We do not generally refund cancelled contracts. For
example, if your contract is quarterly and you request a
refund after two months, no refunds will be admitted. No
refunds are issued for setup charges, add-on charges,
domain-registrations, add-on purchases, SSL certificates or
overage charges. In case of AUP violations, any and all
refunds are forfeit.
Account Deactivations
Any account deactivated due to non-payment will require a
reactivation fee of $20.00 prior to reactivation.
Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We
require 30 days notice for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service,
at our sole discretion.
Limitation of Liability
MakeTheMostOfYourLife.com shall not be responsible for any
claimed damages, including incidental and consequential
damages, which may arise from MakeTheMostOfYourLife.com '
servers going off-line or being unavailable for any reason
whatsoever. Furthermore, MakeTheMostOfYourLife.com shall not
be responsible for any claimed damages, including incidental
or consequential damages, resulting from the corruption or
deletion of any web site from one of
MakeTheMostOfYourLife.com ' servers. All damages shall be
limited to the immediate termination of service.
Violations
Violations of these Acceptable Use Policies should be
referred to support@makethemostofyourlife.com. All
complaints will be investigated promptly. Failure to follow
any term or condition will be grounds for immediate account
deactivation.
Disclaimer
MakeTheMostOfYourLife.com cannot be held liable for system
down time, crashes or data loss. We cannot be held liable
for any predicated estimate of profits which a client would
have gained if their site was functioning. Certain services
provided by MakeTheMostOfYourLife.com are resold. Thus,
certain equipment, routing, software and programming used by
MakeTheMostOfYourLife.com are not directly owned or written
by MakeTheMostOfYourLife.com. Moreover,
MakeTheMostOfYourLife.com holds no responsibility for the
use of our clients' accounts. Failure to comply with any
terms or conditions will result in the automatic
deactivation of the account in question. We reserve the
right to remove any account, without advance notice for any
reason without restitution, as MakeTheMostOfYourLife.com
sees fit.
Account Activation
By activating your account with MakeTheMostOfYourLife.com,
you agree to the above policies and disclaimer. Upon
requesting activation of an account, you are required to
accept these policies, guidelines and disclaimer, and a copy
of your acceptance is forwarded along with your activation
request to be maintained with your account information.
NOTICE: If you sign up for an account
and fail to comply with these terms, no refunds will be
given. We will, however, advise you by e-mail or phone prior
to taking any action to provide you with an opportunity to
correct the problem.
Server Uptime Guarantee
Although MakeTheMostOfYourLife.com has an excellent record
for reliability, we do not offer an uptime guarantee.
However, our network and servers are monitored continuously,
and are rarely down except for scheduled maintenance and
hardware and software upgrades.
MakeTheMostOfYourLife.com reserves the right to amend any
or all of the above policies, guidelines and disclaimer
without notification. We also retain the right to increase
any pricing and make changes to our account plans without
notification.
Privacy
Revision date: 10-09-06
MakeTheMostOfYourLife.com has created this privacy
statement in order to demonstrate our firm commitment to
privacy. The following discloses the information gathering
and dissemination practices for this Web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our
server and to administer our Web site. We use this
information for no other reason.
Order Forms
Our site uses an order form for customers to request
services. (128 bit encryption). We collect sensitive
information which is used only for our purpose, not third
party receives any type of information from us.
Contact information from the order forms is used to get
in touch with the customer when necessary.
Billing information that is collected is used to bill the
user for services.
Unique identifiers are collected from Web site visitors
to verify the user's identity.
Demographic and profile data is also collected at our
site.
We use this data to tailor our visitor's experience at
our site showing them content that we think they might be
interested in, and displaying the content according to their
preferences.
Security
This site has security measures in place to protect the
loss, misuse, and alteration of the information under our
control. We use strong SSL encryption to ensure your
privacy.
Third Parties
Information collected on this site is strictly for our
use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL
INFORMATION SUCH BILLING INFORMATION, ETC.
Contacting the Web Site
If you have any questions about this privacy statement,
the practices of this site, or your dealings with this Web
site, you can contact: support@makethemostofyourlife.com
Acceptable Use Policy
Revision date: 10-09-06
As a provider of web site hosting and other Internet-related
services, MakeTheMostOfYourLife.com offers its customer
(also known as "Subscribers") and their customers and users
the means to acquire and disseminate a wealth of public,
private, commercial and non-commercial information.
MakeTheMostOfYourLife.com respects that the Internet
provides a forum for free and open discussion and
dissemination of information. However, when there are
competing interests at issue, MakeTheMostOfYourLife.com
reserves the right to take certain preventive or corrective
actions. In order to protect these competing interests,
MakeTheMostOfYourLife.com has developed an
Acceptable Use Policy ("AUP"), which supplements
and explains certain terms of each customer's respective
service agreement, and is intended as a guide to the
customer's rights and obligations when using
MakeTheMostOfYourLife.com' services. This AUP will be
revised from time to time.
One important aspect of the Internet is that no one party
owns or controls it. This fact accounts for much of the
Internet's openness and value, but it also places a high
premium on the judgment and responsibility of those who use
it, both in the information they acquire and in the
information they disseminate to others. When subscribers
obtain information through the Internet, they must keep in
mind that MakeTheMostOfYourLife.com cannot monitor, verify,
warrant or vouch for the accuracy and quality of the
information they acquire. For this reason, the subscriber
must exercise his or her best judgment in relying on
information obtained from the Internet, and also should be
aware that some material posted to the Internet may be
sexually explicit or otherwise offensive. Because
MakeTheMostOfYourLife.com cannot monitor or censor the
Internet, and will not attempt to do so,
MakeTheMostOfYourLife.com cannot accept any responsibility
for injury to its subscribers resulting from inaccurate,
unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the
Internet, they must keep in mind that
MakeTheMostOfYourLife.com does not review, edit, censor or
take responsibility for any information its subscribers may
create. When users place information on the Internet, they
have the same liability as other authors for copyright
infringement, defamation and other harmful speech. Also,
because the information created is carried over
MakeTheMostOfYourLife.com' network and may reach a large
number of people, including both subscribers and
non-subscribers of MakeTheMostOfYourLife.com, subscribers'
postings to the Internet may affect other subscribers and
may affect MakeTheMostOfYourLife.com' goodwill, business,
reputation or operations. For these reasons, subscribers
violate MakeTheMostOfYourLife.com policy and the Service
Agreement when they, their customers, affiliates or
subsidiaries engage in the following prohibited activities:
Spamming:
Sending unsolicited bulk and/or commercial information over
the Internet. It is not only harmful because of its negative
impact on consumer attitudes toward
MakeTheMostOfYourLife.com, but also because it can overload
MakeTheMostOfYourLife.com' network and disrupt service to
MakeTheMostOfYourLife.com' subscribers. Also, maintaining an
open SMTP relay is prohibited. When a complaint is received,
MakeTheMostOfYourLife.com will investigate and shutdown the
account that is SPAMing. A $250 charge for violating this
policy will be charged to the person initiating the SPAM.
Furthermore MakeTheMostOfYourLife.com reserves the right to
prosecute for this violation. A $1.00 charge will be
assessed PER EMAIL sent should MakeTheMostOfYourLife.com
choose to pursue and prosecute.
Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such,
MakeTheMostOfYourLife.com does not allow any streaming of
audio or video content. Offending accounts will be suspended
without noticed or terminated.
Adult-Oriented Content:
MakeTheMostOfYourLife.com does not allow adult content and
will suspend/terminate any offending account.
Large File Policy:
MakeTheMostOfYourLife.com is not for file hosting and
distribution - as such, customers may not host any files
larger than 50MB in size that are observed to be available
for the sole purpose of download. Such files include but are
not limited to .ISO, audio/video files, .EXE files. If you
are unsure whether your file is against this policy, please
e-mail support@makethemostofyourlife.com.
Obscene Speech or Materials:
Using MakeTheMostOfYourLife.com' network to advertise,
transmit, store, post, display, or otherwise make available
child pornography or obscene speech or material is
prohibited. MakeTheMostOfYourLife.com is required by law to
notify law enforcement agencies when it becomes aware of the
presence of child pornography on or being transmitted
through its network.
Defamatory or Abusive Language:
Using MakeTheMostOfYourLife.com' network as a means to
transmit or post negative, defamatory, harassing, abusive or
threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether
in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers
or Networks:
Accessing, illegally or without authorization, computers,
accounts or networks belonging to another party, or
attempting to penetrate security measures of another
individual's system (often known as "hacking"). Also, any
activity that may be used as a precursor to an attempted
system penetration (i.e., port scan, stealth scan or other
information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan
Horses or Other Destructive Activities:
Distributing information regarding the creation of and
sending Internet viruses, worms, Trojan horses, pinging,
flooding, mail bombing or denial of service attacks. Also,
activities that disrupt the use of or interfere with the
ability of others to effectively use the network or any
connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any
software, program, product or service that is designed to
violate this AUP, which includes the facilitation of the
means to spam, initiation of pinging, flooding, mail
bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or
otherwise, to points outside the United States.
Usenet Groups:
MakeTheMostOfYourLife.com reserves the right not to accept
postings from newsgroups where we have actual knowledge that
the content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal,
including, but not limited to, advertising, transmitting or
otherwise making available ponzi schemes, pyramid schemes,
fraudulently charging credit cards and pirating software.
Other Activities:
Engaging in activities, whether lawful or unlawful, that
MakeTheMostOfYourLife.com determines to be harmful to its
subscribers, operations, reputation, goodwill or customer
relations.
As we have pointed out, the responsibility for avoiding
harmful activities just described rests primarily with the
subscriber. MakeTheMostOfYourLife.com will not, as an
ordinary practice, monitor the communications of its
subscribers to ensure that the comply with
MakeTheMostOfYourLife.com' policy or applicable law.
However, when MakeTheMostOfYourLife.com becomes aware of
harmful activities, it may take any action to stop the
harmful activity, including, but not limited to, removal of
information, shutting down a web site, implementing
screening software designed to block offending
transmissions, denying access to the Internet, or any other
action deemed appropriate by MakeTheMostOfYourLife.com.
MakeTheMostOfYourLife.com is also aware that many of its
subscribers are themselves providers of Internet services,
and that information reaching MakeTheMostOfYourLife.com'
facilities from those subscribers may have originated from a
customer of the subscriber or from another third party.
MakeTheMostOfYourLife.com does not require its subscribers
who offer Internet services to monitor or censor
transmissions or web sites created by customers of its
subscribers. MakeTheMostOfYourLife.com reserves the right to
directly take action against a customer of its subscribers.
Also, MakeTheMostOfYourLife.com may take action against the
MakeTheMostOfYourLife.com' subscriber because of activities
of a customer of the subscriber, even though the action may
affect other customers of the subscriber. Similarly,
MakeTheMostOfYourLife.com anticipates that subscribers who
offer Internet services will cooperate with
MakeTheMostOfYourLife.com in any corrective or preventive
action that MakeTheMostOfYourLife.com deems necessary.
Failure to cooperate with such corrective or preventive
measures is a violation of MakeTheMostOfYourLife.com policy.
MakeTheMostOfYourLife.com will not intentionally monitor
private electronic mail messages sent or receive by its
subscribers, unless required to do so by law, governmental
authority or when public safety is at stake.
MakeTheMostOfYourLife.com may, however, monitor its service
electronically to determine that its facilities are
operating satisfactorily. Also, MakeTheMostOfYourLife.com
may disclose information, including, but not limited to,
information concerning a subscriber, a transmission made
using our network, or a web site, in order to comply with a
court order, subpoena, summons, discovery request, warrant,
statute, regulation or governmental request.
MakeTheMostOfYourLife.com assumes not obligation to inform
the subscriber that subscriber information has been provided
and, in some cases, may be prohibited by law from giving
such notice. Finally, MakeTheMostOfYourLife.com may disclose
subscriber information or information transmitted over its
network where necessary to protect MakeTheMostOfYourLife.com
and others from harm, or where such disclosure is necessary
to the proper operation of the system. However,
MakeTheMostOfYourLife.com will never sell information to
other services or outside companies.
MakeTheMostOfYourLife.com expects that its subscribers
who provide Internet services to others will comply fully
with all applicable laws concerning the privacy of online
communications. A subscriber's failure to comply with those
laws will violate MakeTheMostOfYourLife.com policy. Finally,
MakeTheMostOfYourLife.com wishes to emphasize that, in
signing the Service Agreement, subscribers indemnify
MakeTheMostOfYourLife.com for any violation of the Service
Agreement, law or MakeTheMostOfYourLife.com policy resulting
in loss to MakeTheMostOfYourLife.com or the bringing of any
claim against MakeTheMostOfYourLife.com by any third party.
This means that, if MakeTheMostOfYourLife.com is sued
because of a subscriber's or customer of a subscriber's
activity, the subscriber will be responsible for payment of
any damages awarded against MakeTheMostOfYourLife.com, plus
costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations
of Internet users, including MakeTheMostOfYourLife.com and
its subscribers, as responsible members of the Internet. Any
complaints about a subscriber's violation of this AUP should
be sent to support@makethemostofyourlife.com.
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