| MHL reserves the right to change these Conditions of Service Policies any time, so please, check this page at least once a month or when in doubt. These policies were most recently updated on 15 July 2007.
As an Internet hosting service provider, we offer our subscribers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. We also want our subscribers to be fully informed of their rights and obligations -- and ours -- in connection with their use of the Internet. These Policies are intended as a plain English guide to those rights and obligations. As a subscriber to MHL's web hosting and e-mail services, you agree to indemnify and hold MHL harmless from any claims resulting from the misuse of our services.
The fundamental fact about the Internet is that no one --neither us, nor anyone else -- 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 the Internet, 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 we cannot monitor, verify, warrant or vouch for the accuracy and quality of the information that subscribers may 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 is sexually explicit or otherwise offensive. Because we cannot monitor and censor the Internet, and will not attempt to do so, we cannot accept any responsibility for injury to our subscribers that results from inaccurate, unsuitable or offensive Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that we do not review, edit, censor or take responsibility for any information our subscribers may create. This places on subscribers what will be, for most, an unfamiliar responsibility. 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 they create is carried over our facilities and may reach a large number of people, including both subscribers and nonsubscribers of ours, subscribers' postings to the Internet may affect other subscribers and may harm our goodwill, business reputation and operations. For these reasons, subscribers violate our policy and the Services Agreement when they, their affiliates or subsidiaries engage in the following activities:
Unsolicited, commercial mass e-mailing (known as "spamming") is a strongly disfavored practice among Internet users and service providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward us, but also because it can overload our equipment and disrupt service to our subscribers.
MHL may not be the source, intermediary, or destination address involved in the transmission of any unsolicited e-mail, e-mail bombs, hate e-mail, or any mass e-mail. Your e-mail account may not be referenced as originator, intermediary, or reply-to address of such e-mail. We consider mass e-mail any e-mail message sent to more than 250 e-mail addresses or more than 10 news groups.
Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer, and can involve the ISP in litigation and possible loss of reputation.
Distribution and/or transmission of obscene or indecent speech or materials in violation of obscenity and/or indecency laws can result in criminal penalties.
Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the ISP and hosting provider whose facilities were used to distribute the defamatory material.
| Illegal/Unauthorized Access to Other Computers or Networks: |
The illegal or unauthorized accessing (often known as "hacking") of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most provinces and states.
Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal, provincial, and state law.
Other Activities, whether lawful or unlawful, that we determine to be harmful to our subscribers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. We will not, as an ordinary practice, monitor the communications of our subscribers to ensure that they comply with our policy or applicable law. When we become aware of harmful communications, however, we may take any of a variety of actions. We may remove information that violates our policies, implement screening software designed to block offending transmissions, or take any other action we deem appropriate, including termination of a subscriber's contract with us.
Each account is payable in advance of service. Credit cards are accepted for recurring payments based on your choice of 1-month, 3-month, 6-month, or 12-month payments. All credit card transactions are billed in Canadian dollars (CAD). Approximate American dollar equivalents are posted for all fees. The actual amounts are subject to the exchange rates of your credit card company at time of transaction posting.
Checks and money orders are accepted for recurring billings based on your choice of 6-month or 12-month payments. These may be paid in your choice of Canadian or American currencies. Checks and money orders may be drawn on your choice of financial institution.
For all 12-month payments, you pay for 10 months and get 2 additional months for free. In addition, you get a domain name registered for free and renewed annually for free while the domain is hosted at MHL. All rights to the domain name rest with MHL for one year after which you may elect to take ownership of the domain name. Accounts in arrears will be subject to a 2% per month service charge and termination with a fee of CAD $30 for re-activation.
For our refund policy, check Frequently Asked Questions.
Each account comes with its 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 server operation or service to other MHL customers. You will be notified in 24 hours about offending cgi script.
| Domain Registration Policy: |
SELECTION OF A DOMAIN NAME. We cannot and do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and indemnify us.
FEES, PAYMENT AND TERM. All Domain Registration fees payable are non-refundable unless we provide otherwise. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). Account Information represents that the statements in its application are true and that the registration of the selected Domain Name, so far as the Registrant is aware, does not interfere with or infringe upon the rights of any third party. The Registrant also represents that the Domain Name is not being registered for any unlawful purpose.
DISPUTE POLICY. All the domain name related disputes will be resolved based on the ICANN Uniform Dispute Resolution Policy ("Dispute Policy") as amended from time to time.
Subhosting (hosting more than one web site with a single MHL user account) is allowed on MHL servers. It is subject to the traffic policy.
MHL has traffic limits that most sites never reach, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. We charge a fee of CAD $10.00 per month for each additional gigabyte of traffic.
MHL customers with above mentioned sites are discouraged from storing any files that cause excessive traffic on MHL servers. Please contact MHL's Technical Support team for more information. Again, most sites do not fall into this category and never reach our traffic limits.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to MHL or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
You will be notified by e-mail of any violations detected. You will have 48 hours to comply with our Policy, or your account will be temporarily deactivated. Then you will have 10 business days to contact MHL and fix the problem; otherwise, your account will be deleted permanently.
Any request to MHL from its customers needs to be supplied with the account password that was issued by MHL. This measure is required to properly identify that the request comes from the owner of the account. It is customer's responsibility to keep the account password.
In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge our subscribers to assume that all of their on-line communications are insecure.
We can not take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our subscribers' on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our subscribers unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our subscribers from harm, or where such disclosure is necessary to the proper operation of the system.
We expect that our subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate our policy. Finally, we wish to emphasize that in accepting the Services Agreement as a condition of service, subscribers indemnify us for any violation of the subscriber of the Services Agreement, or of law or MHL policy, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the subscriber that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the subscriber will pay any damages awarded against us, plus costs and reasonable legal support fees.
You agree to use all MHL services and facilities at your own risk. MHL specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall MHL be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold MHL harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against MHL, 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 MHL against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with MHL’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 MHL’s server.
MHL shall be the sole judge of what violates this Policy.
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