Acceptable Use Policy
The purpose of this policy is to set forth an Acceptable Use Policy (ďAUPĒ) by which Customer will abide while using, renting, leasing, or otherwise making use of Mentch Consulting goods and services. By using Mentch Consultingís Web Hosting and Email services, Customer agrees to comply with the following policies and assume responsibility for the compliance of all Customerís Users permitted by Customer to use Mentch Consulting products and services.
Terms and Conditions
As a service, the standard Acceptable Use Policy is provided below.
- Right to Service.
- Mentch Consulting's service will be provided on an "as is, as available" basis. Further, Mentch Consulting provides no warranty, written, expressed, or implied, for any Web Hosting and Email services provided, including, without limitation, warranty of the merchantability and warranty of fitness for a particular purpose. This expressly includes any reimbursement for losses of income due to disruption of service by Mentch Consulting or its providers beyond the fees paid to Mentch Consulting for services.
- Customer and Customerís Users will use the Web Hosting and Email services in a manner consistent and compliant with any and all applicable laws of the State of Pennsylvania and the U.S. Federal Government.
- Use of any information obtained by way of Mentch Consulting is at Userís own risk, and Mentch Consulting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Mentch Consulting makes no warranty, written, expressed or implied of any guaranteed uptime, or that the service will function at a reliable level based on past performance.
- Mentch Consulting is not responsible for any damages arising from Customerís or Customerís Usersí use of Mentch Consultingís Services or by any inability to use the Web Hosting and Email services for any reason.
- Mentch Consulting shall make every reasonable effort to protect data stored on Customer's Server(s). Mentch Consulting is not responsible for Customer or Customerís Usersí data, files, or directories residing on Mentch Consulting's equipment. Customer is solely responsible for maintaining data, files, and back-ups.
- Limit of Liability.
Mentch Consulting shall not be liable for any content posted, opinions expressed, or actions taken by any of the Users of Mentch Consulting services. Any conduct that violates the laws, regulations, or the accepted norms of the Internet community or the community standards in which the User lives, whether expressly mentioned in this Agreement or not, is strictly prohibited. Mentch Consulting reserves the exclusive right to prohibit any activities that it deems will adversely affect its commercial reputation or goodwill, endanger its network, impact its Customers, or expose it to liability or tort.
- Modification of Agreement.
Mentch Consulting reserves the right to add, modify, or delete any provision of this Agreement at any time and without notice. Mentch Consulting reserves the exclusive right and will be the sole arbiter as to what constitutes a violation of any of these provisions.
- Misuse of System Resources.
It is a violation for anyone who, including but not limited to, employs posts or programs that consume excessive CPU time, server memory, or storage space; permits the use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for their own account; or resells access to CGI scripts installed on Mentch Consulting servers. Mentch Consulting reserves the right to immediately and without notice to the User, terminate any service or process that uses a disproportionate amount of any system resources.
- Potentially Tortuous or Illegal Conduct.
The following shall be construed as violations of this Agreement and may result in suspension or deletion of a Customerís Usersí account or in Termination of this Agreement.
- Mentch Consulting products and services may only be used only for lawful purposes. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, or material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Non-acceptable content or links may include, but are not limited to: Pirated software, Hackersí programs or archives, Warez, Game Mods or Patches, Irc Bots, Chat Sites/Servers, Pornography and Adult Content, TGP, or any other file or media deemed by Mentch Consulting to be illegal or for which Customer or Customerís Users do not have the legal right to use, post, or otherwise store on Mentch Consulting servers.
- No one shall post defamatory, scandalous, or private information about a person without their consent or with intention to inflict emotional distress, or post any information that violates any rightful trademarks, copyrights, or other intellectual property rights.
- Sending unsolicited email messages (ďSpamĒ) from or through Mentch Consultingís servers, including, without limitation, commercial advertising or informational announcements, shall be prohibited. Mentch Consulting reserves the right to terminate this Agreement and any other accounts under Customerís account if Mentch Consulting determines that unsolicited mass email has occurred or if Mentch Consulting receives complaints that unsolicited email messages have been sent from Customerís account.
- Posting to any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles with the intent to engage in commercial advertising or informational announcements.
- Engaging in any of the foregoing activities using the service of another provider, but channeling such activities through a Mentch Consulting-provided server, or using a Mentch Consulting-provided server as a mail drop for responses.
- Any unauthorized distribution or copying of copyrighted material, violations of U.S. export restrictions, harassment, fraud, dealing in contraband, and other illegal activities, or dealing in content and material that has been deemed illegal in the Userís community, state, province, or municipality.
- Falsifying any User information provided to Mentch Consulting or to other Users of the service in connection with the use of a Mentch Consulting service.
- System and Network Security.
Violations of system or network security are strictly prohibited, and may result in criminal or civil liability. Examples include, but are not limited to: allowing unauthorized access, use, probe, or scan of any Mentch Consulting system, security, authentication measures, data or traffic; interference with service to any User, host or network, mail bombing, flooding, or attempts to overload a system or broadcast attacks. Customerís or Customerís Users shall not engage in forging of any TCP-IP packet header, email headers, or any other information provided or passed through Mentch Consulting Systems or Network at any time.
- Domain Name Agreements, Restrictions, and Transfer Policies.
Under ICANN policy, Mentch Consulting is prohibited from allowing the transfer of domain name Registrars during the first sixty (60) days after initial registration of the domain name. This applies to ALL domain names, regardless of where they are purchased. Domain names cannot be transferred to or from Mentch Consultingís system within this period. Beginning on the sixty-first (61st) day after the initial registration, the procedures for transferring domain names can be completed without restriction. The full ICANN policy concerning domain name registration can be found at ICANN.ORG.
- Domain Name Transfer Notifications.
Mentch Consulting does not guarantee that all domain name transfers or updates to DNS records, MX records, Aliasing Records, URL forwarding, domain name forwarding or other Registrar or DNS-related service or product will succeed.
- DNS Information.
Mentch Consulting shall not be responsible for updating any of the DNS records or entries for transferred domain names. Customer shall have sole responsibility for ensuring that all relevant DNS entries for domain name(s) are correct. Fees paid for transferred domain names are not refundable if the transfer fails for any reason. This may include, but is not limited to: timeouts resulting from a delay in owner or registry approval, incorrect contact information in the WHOIS record, or attempted transfers of domains that are not transferable for any other reason.
- Consequences of Violation.
If Mentch Consulting becomes aware of an alleged violation of any of the terms contained in this Agreement, or any other policy that has been posted on its web site, made available to Customer via email, or posted in any other form, Mentch Consulting shall initiate an investigation. During the investigation, Mentch Consulting may restrict Customer or Customerís Usersí access to Mentch Consulting products and services in order to prevent further possible unauthorized activity. Mentch Consulting may, at its sole discretion, restrict, suspend, or terminate Customer's account without notice or refund, or pursue civil remedies as it deems necessary. Mentch Consulting shall notify the appropriate law enforcement department of any such violations. Mentch Consulting shall not be responsible for any payment, refunds, or compensation in any way for service disruptions or termination resulting from violations of this Agreement.