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Mindraven Terms of Services (TOS)

By signing up for any service you agree to follow the Terms of Service (TOS).

Acceptable Content

All services provided by Mindraven Hosting may be used for lawful purposes only. It is a violation of our Terms of Service to transmit, store, upload or present any information, data or material in violation of any United States Federal, State or local law. This includes, but is not limited to, material for which you do not hold the copyrights or written authorization for its use, material that we judge to be threatening or obscene, material that jeopardizes national security, and/or material protected by trade secret or other laws.

Further, the following content is prohibited on Mindraven Hosting accounts, as are links to such content:

Pornography and sex related merchandising, includes sites that may imply sexual content, or link to adult content elsewhere.
Websites that promote any illegal activity or content or files that may be damaging to Mindraven servers or any other server on the Internet.
Medical, psychiatric/psychology, illegal, get rich quick or hate material
IRC Software
Pirated software
Hacking sites, programs or archives
Warez Sites
Distribution of music files or any other material for which the account holder does not own the copyright
Game Servers (dedicated game server programs)
Housing of any of the following files is considered a violation of the terms of service:
IRC, Egg Drops, BNC, or IRC bots to be operated on our servers. Files with references to IRC or any likeness thereof are prohibited, as are programs that act like an IRC server or that provide chat functions that run as background processes.
Proxies: we do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
PortScanning: we do not allow any kind of portscanning to be done on or from our servers.

Mindraven Hosting will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to customer.

Customer agrees to indemnify and hold harmless Mindraven Hosting from any claims resulting from Customer’s use of Mindraven Web Hosting services which damages Customer or any other party.
Commercial Advertising – Email

No Spam: Sending of unsolicited email (email spam) from our servers is STRICTLY prohibited. While we attempt to be fair, Mindraven Hosting will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in/Opt-out mail programs and email that either directly or indirectly references a domain contained within an account at Mindraven Hosting.

Unconfirmed Mailing Lists: subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Customer must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Mindraven Hosting-hosted domain (website), or referencing any Mindraven Hosting account is prohibited.

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Acceptable Use Policy or the Acceptable Use Policy of any other Internet Service Provider, including but not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.

Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.

Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
Unacceptable Software and Server Abuse

Use of the following is in violation of our Terms of Service, and shall result in immediate termination of the account:

ShoutCast Servers – Shoutcast Servers are not allowed due to bandwidth and load issues.
Background Running Programs – We ask that users request permission before enabling persistent background processes of substantial load.
PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
Server Abuse – any attempts to undermine or cause harm to a Mindraven Hosting server or Customer of Mindraven Hosting is strictly prohibited including, but not limited to:
Logging into a server or account that you are not authorized to access
Accessing data or taking any action to obtain services not intended for you or your use
Attempting to probe, scan or test the vulnerability of any system, subsystem or network
Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System
Interfering with, intercepting or expropriating any system, data or information
Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system.
Setting permissions on your web hosting account that could allow outside parties to upload files that could damage, intrude on or interfere with other websites on the server or the server itself, or otherwise allow outside parties access to the server such that they can install phishing files, shell access files, or other similar files.

You will be held responsible for all actions performed on your account whether it is done by you or by others.
Scheduled Maintenance and Downtime

Mindraven Hosting will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Customer acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond the control of Mindraven Hosting or which are not reasonably foreseeable by Mindraven Hosting, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Mindraven Hosting will attempt to provide at least 48 hours advance notice to Customer for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Mindraven Hosting has no responsibility for downtime resulting from a user’s actions.

Limitations on Use, Cancellations and Non-Payment

We maintain the right to cancel web hosting accounts at its discretion.

Any web hosting account using 15% or more of the server CPU or memory will be suspended and/or terminated. Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth limitation — or, more than likely, we may opt to request that you upgrade your service plan immediately or move your website.

Overdue Payment and Termination of Account: Accounts will be disabled or terminated, at our discretion, if payment is not received by the renewal date. If your account has been disabled, you may be charged an additionnal fees of 10% in order to re-enable your account. Alternatively, the account may be terminated and all information within the account deleted. If you are not intending to pay for your web hosting account, or if you know that your payment will be late, it is your responsibility to back up your website files to ensure that you do not lose your data.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

Paying by Check: orders for customers who wish to pay by check will be set up when the check is received and clears our bank.

Courtesy Backup and Services for Customers: all services such as backup and cPanel are provided as a courtesy to Customer. We will do our best to help; however, it is the sole responsibility of Customer to maintain Customer’s own backup of any data. Mindraven Hosting is not responsible for lost data or for lost data due to software that we do not maintain. (cPanel is not associated with Mindraven Hosting.)

Limitation of Damages
Recovery of damages from Mindraven Hosting may not exceed the amount of fees it has collected on the account.

Refunds

60-day Money Back Guarantee:
If you wish to cancel your web hosting account within 60 days of ordering it, we will refund your funds promptly, less any setup fee you paid.

General: Refunds will be made for FULL months only. Notice of cancellation must be given before the month in question begins.

Violation of Terms of Service: In addition to the above, any violation of our Terms of Service Agreement shall result in no refund. This includes, but is not limited to, criminal actions that result in termination of a web hosting account.

Domains fees: In all case, any fees related to a new registration, transfer or to a specific domain name can’t be refunded.

General

These Terms of Service are a legally binding contract between Customer and Mindraven Hosting. By opening an account, Customer agrees to the above-stated terms.

These Terms Of Service are subject to change without any prior notification, and any changes will be posted here. Anything not listed in the Terms of Service is open to interpretation and change by Mindraven Hosting without prior notice.

All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.

Any violation of these Terms of Service will result in termination of the account. Mindraven Hosting maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice.

Lastly, we reserve the right to refuse service to anyone for any reason.
Dispute Resolution

We’ve never had a situation where dispute resolution was needed, but between Mindraven Hosting and a Customer shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with California law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Las Fairfax, Virginia, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.