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melfay provides Internet World Wide Web page hosting, Marketing, and Development. melfay has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services. melfay general policy is to act as a provider of Internet presence. melfay reserves the right to suspend or cancel a customer's access to any or all services provided by melfay when we decide that the account has been inappropriately used. Server Abuse Any attempt to undermine or cause harm to a server, or customer, of melfay is strictly prohibited. Unauthorized use of other people's accounts or computers, melfay will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a melfay customer, whether or not the attacked account or computer belongs to webfindresller, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. IMPORTANT NOTE - melfay has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by melfay to be unacceptable use of melfay's services including abuse of server resources. Shared hosting accounts may be terminated that include the following content or which have links to the following content:
Abuse of Unlimited
Traffic melfay's customers are privileged to be offered unlimited traffic for their web sites. The intention of melfay is to provide a large space to serve web documents, not an off site storage area for electronic files. Most of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on melfay's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of melfay management. Any customer who violates melfay's Policies in abusing either space/site transfer will be notified and given 5 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages. To maintain the integrity of our shared hosting service the following limitations apply:
Unsolicited Email
(Spam) Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation. melfay takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. The following activities are not allowed:
Note: If you use the services of another provider to promote a web site hosted by or through melfay (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers. CGI Scripts Each shared web hosting account comes with melfay's own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal shared server operation without prior warning. Chat Rooms We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the melfay Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install. Abuse of SMTP Mail
Server We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month addition to your regular hosting charges if your account is moved to this server. Please contact melfay Support Team to have your domain moved. Background Running
Programs We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. IRC We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. Disk Overages All melfay accounts come with metered disk space. Should you use more than your allowed disk space you will be charged $1.00 per ten (10) Megabyte per month. Payment Policies All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. melfay reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies melfay Support Team to request for termination of services. All payment is in U.S. currency. melfay will bill each client $50.00 per returned check, per wire transfer received and per credit card chargeback received. All melfay accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the administration if you wish to change your anniversay billing cycle. Any account that is not brought current prior to deactivation will be charged a $25.00 reactivation fee as well as a $15.00 late charge, per domain deactivated. In addition, if your credit card declines for any reason melfay will charge your account an additional $1.00 service charge every time your card is declined. Cancellation melfay reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by melfay if melfay institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.) All of melfay's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, addon/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For all web hosting clients who cancel, the full contract amount less any setup fees and overages will be refunded if melfay is notified within the first 30 days following activation. No refund is available after the 30th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees etc. Due to security concerns, all account cancellations must be done via fax only. Phone or email requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation. Intellectual Property
Rights Material accessible to you through melfay's services may be subject to protection under the Syrian or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use melfay or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the melfay network. If you use a domain name in connection with melfay or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. Network Security Customers may not use the melfay network with an attempt to circumvent user authentication or security of any resller, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, resller, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. melfay will cooperate fully with the investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. Electronic
Commerce You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information. Static / Dynamic Content
Caching You expressly (i) grant to melfay a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by melfay under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights. IP Address
Ownership melfay shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by melfay and melfay reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses. Domain Name
Registration Customer agrees to pay melfay prior to the effectiveness of the desired domain name registration, the then-current amounts set for melfay the melfay price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. melfay reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from melfay to the email address indicated in Customer's registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by melfay) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to melfay as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. melfay will reinstate Customer's domain name registration solely at melfay's discretion, and subject to our receipt of the initial registration or renewal fee and our then- current reinstatement fee. Lawful Purpose melfay reserves the right to refuse service to anyone. Customers may only use melfay server for lawful purpose. Transmission of any material in violation of any Internatinal or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of melfay management. Indemnification CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD melfay HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST webfindresller, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS melfay AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH melfay's SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM melfay's SERVER. Disclaimer melfay WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. melfay MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. melfay DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON- DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY melfay AND ITS EMPLOYEES. melfay RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. CUSTOMER AGREES AND ACKNOWLEDGES THAT melfay HAS THE RIGHT TO MANAGE CUSTOMER ACCOUNT. THIS INCLUDES, BUT IS NOT LIMITED TO, HOSTING OF CUSTOMER SITE AT A CORPORATE THIRD PARTY'S SERVER. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF melfay MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION. |