Printable PDF version of this document >>>>>>download (436k) Missingink is a web hosting retailer owned by Missingink. Client is the party purchasing a Missingink Hosting plan. Client and Missingink agree to the following: It is important to us that our customers use our services and the Internet in general, responsibly and courteously. Most of our customers do so and seldom need to refer to these AUPs. Nonetheless, the following constitute examples of unacceptable uses of Missingink services, which will result in suspension, or termination of the customers account: Affronts to Etiquette Unacceptable activities include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by Missingink by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mail bombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (over 10% of available system resources), and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. Any customer repeatedly "mail bombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first (abuse@missingink.com). Abuse of the legal rights of others Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. Missingink supports free speech on the Internet, and will not suspend or cancel a customer's account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customers on-line activity has violated the legal rights of a third party, Missingink will not substitute itself for a court of law in deciding tort claims raised by the third party. Abuse of the Law Missingink’s services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. Missingink reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary. Pornography Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of Missingink’s servers. Abuse of Missingink Server Resources. Running programs in the background on a Missingink server without Missingink's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of Missingink's servers. Further, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds ten percent (10%) of system resources, your account may be suspended immediately and without prior notice. At this time, Missingink will work with the client to come up with a remedy to the situation. In addition any domain that exceeds five (5) gigabytes of bandwidth traffic within any twenty four (24) hour period can be terminated without prior notice. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termination of the account. Missingink defines the term "unlimited" in this document. Any "unlimited" features can be limited upon the request of Missingink. We may take any "unlimited" feature and set a limit on it at any time without prior notification. Accounts are also subject to immediate suspension if they are found abusing the "unlimited" account functions. The client will be given an opportunity to modify the abuse in question to a level that is acceptable to us. Hacking/Cracking Missingink reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution. The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask (abuse@missingink.com). Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network. Attempting 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, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination. Client Responsibility The Client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The Client is responsible for securing their username/password. The Client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of Missingink's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the Client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail Clients to receive and send mail, etc. The Client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Missingink to provide this knowledge or support outside matter specific to Missingink's servers. Backups Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the Clients responsibility to maintain local copies of their web content and information. If data loss occurs due to negligence of Client in securing their account or by an action of the Client, Missingink will attempt to recover the data from the most recent archive for a $275.00 fee. IP Addresses Missingink’s provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. Limitation of Liability Missingink shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Missingink's servers going off-line or being unavailable for any reason. Further, Missingink 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 Missingink’s servers. All damages shall be limited to the immediate termination of service. Missingink, its employees and affiliates shall not be liable to Client or any other person under any legal theory, tort, contract or otherwise for any indirect, special, incidental or consequential damages of any character including without limitation damages for loss of goodwill, work stoppage, computer or web site failure or malfunction, or any other commercial damages or losses related to any products or services Client's URL promotes, sells, or endorses. Missingink and it’s service providers shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Missingink reserves the right to terminate an account at any time and for any reason that causes harm to any Missingink customer's web sites. Missingink reserves the right to delete all content and files upon termination. Missingink reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Missingink reserves the right to refuse, cancel, or suspend service at our sole discretion. Billing Policies Client agrees to pay the monthly fee indicated on their order form for Client's selected service plan. Missingink will thereafter bill Client once a month. Clients paying by credit card - a charge by PayPal will appear on Client's credit card monthly statement. All contracts are for a one (1) month period. No contract shall exceed the one month period. Prior to the end of that one month period, either the client or Missingink may not renew the contract for the next one month period. There must be seven (7) days notice by either party if they do not wish to renew the agreement. Delinquent Payments/Credit Problems. Missingink will immediately terminate service if payment is not received timely [eg., Client's credit card is invalid, declined, etc]. Termination of Service Either Client or Missingink may terminate service at any time. Client's only right and sole remedy with respect to any dissatisfaction with any of Missingink's policies or practices, fees, billing methods, etc. is terminating service. Client may terminate service by emailing Missingink at cancel@missingink.com [email must include name, domain name, and password], or completing and submitting a cancellation form. Should such notice of termination be delivered and acknowledged as received by Missingink, termination will be effective within 48 hours. In the event that a Client's account is terminated or cancelled, NO REFUND OF ANY FEES, including the monthly service fee, will be granted and/or credited to Client's account(s). THE PURCHASE OF ANY Missingink SERVICE PLAN BY CLIENT IS MADE AFTER CLIENT ACCEPTS THE TERMS SET FORTH HEREIN BY ENTERING THEIR NAME, THE DATE AND TYPING "I AGREE" AND THEN SUBMITTING THEIR ORDER FORM OR BY SIGNING THE ORDER FORM AND SENDING IT TO Missingink. If any provision of this AUP; Terms and Conditions is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Tennessee law and any disagreements between Client and Missingink will be resolved in the jurisdiction of Robertson County, Tennessee. This Agreement represents the complete, final, and integrated agreement between Missingink and Client concerning Client's purchase of Missingink's service. Missingink reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent. Violations of these Acceptable Uses Policies should be referred to abuse@missingink.com All complaints will be investigated promptly.