Upon signing up for MachMerchant services, all customers agree to comply with MachMerchant.com's Terms of Use. The spirit of this policy is to ensure our customers are using MachMerchant.com's services with due regard to the rights of other Internet users and in conformity with the requirements of MachMerchant.com's network environment.

Illegal Use
MachMerchant.com servers may be used for lawful purposes only as stipulated by any and all laws whether local, state or federal as written today or in the future. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Adult Content
Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of 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, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

MachMerchant.com machine is STRICTLY prohibited. MachMerchant.com will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a Web site hosted on a MachMerchant.com server. Violators may be assessed a minimum administration fee of $250 and will face immediate suspension.

Server Abuse
Any attempts to undermine or cause harm to a MachMerchant.com server or customer are strictly prohibited.

Software Distribution
MachMerchant.com's shared Web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact [email protected] to make special arrangements.

Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. MachMerchant.com shared web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Proprietary Software
Under certain circumstances you may gain access to the source code of MachMerchant.com software. This code is the property of MachMerchant.com and may not be downloaded, copied, or in any other way removed from the MachMerchant.com servers. Such code constitutes proprietary information and is subject to US and International Copyright Laws. You may not copy or reuse, in any form, whether original or modified, any such code, under the penalty of law. You may not copy or reuse in any form any algorithms used by any such code.

Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. MachMerchant.com shall be the sole arbiter of what is considered to be a high level of server usage. Any Web hosting account deemed to be adversely affecting server performance or network integrity will be shut down immediately without prior warning or notice.

CGI Scripts
CGI script sharing with domains not hosted by MachMerchant.com is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Background Running Programs and Synchronization Jobs
MachMerchant.com may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact MachMerchant.com at [email protected] so that we can arrange set-up.

IRC
MachMerchant.com does not allow IRC or IRC bots to be operated on our servers.

SPAM / UCE (Unsolicited Commerce Email)
Spamming, the sending of unsolicited mass email from or through a MachMerchant.com mail server or using an email address that is maintained on a MachMerchant.com mail server will be considered as violation of the terms & conditions and action will be taken accordingly.

Actions Taken by MachMerchant.com
The failure by a customer to meet or follow any of the above Terms of Use will result in account deactivation. MachMerchant.com will be the sole arbiter as to what constitutes a violation of the Terms of Use. MachMerchant.com reserves the right to remove any account without prior notice.

When MachMerchant.com becomes aware of an alleged violation of its Terms of Use, MachMerchant.com will initiate an investigation. During the investigation, MachMerchant.com may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, MachMerchant.com may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, MachMerchant.com will notify the appropriate law enforcement authorities of such violation.

MachMerchant.com does not guarantee uptime or issue credits for outages incurred through service disablement resulting from Terms of Use violations. MachMerchant.com customers agree to indemnify and hold harmless MachMerchant.com from any claims resulting from the use of our services that damages them or any other party. The MachMerchant.com service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. MachMerchant.com expressly disclaims any representation or warranty that the MachMerchant.com service will be error-free, secure or uninterrupted. No oral advice or written information given by MachMerchant.com, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. MachMerchant.com and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification
MachMerchant.com reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice.