Terms of Service
At Merlin-Internet-Services.net, we value our customers and wish
to provide them with a positive experience. To offer you the best
service possible, all customers need to follow the same rules and
guidelines. These policies are intended to make Merlin-Internet-Services.net's
service available to all our customers as consistent and efficient
as possible.
User-Supplied Content
All services may be used for lawful purposes only. Through Merlin-Internet-Services.net's
service, you may have access to chat areas, bulletin boards,
webpages, email, or other services that enable you to send or
post materials ("content") and make that content available
to others. You must not submit, publish, or display on the network
any defamatory, inaccurate, abusive, obscene, infringing, or
threatening content. In addition, you may not submit, publish,
or display any content that violates any US Federal, State, or
Local Law. You are solely responsible for the content you make
accessible through the Merlin-Internet-Services.net network.
You may not use the service to assist any other person or entity
to violate any Federal, State, or Local Laws, Ordinances or Regulations.
Merlin-Internet-Services.net is not obligated to monitor the network
to examine available content. You hereby acknowledge that if we
are made aware of content that is determined to be, in its sole
discretion, unacceptable, undesirable, offensive, indecent, obscene,
excessively violent, or otherwise objectionable, Merlin-Internet-Services.net
has the right, but not the obligation, to edit, remove, or deny
access to such content. Merlin-Internet-Services.net may disclose
any content or records concerning a customer's account as required
to satisfy any Law, Regulation, Governmental Request, or Court
Order.
Pornography and sex-related merchandising are prohibited on all
Merlin-Internet-Services.net servers. This includes sites that
may infer sexual content, display nudity, or link to adult content
elsewhere. This is also true for sites that promote any illegal
activity or content that may be damaging to Merlin-Internet-Services.net's
servers or any other server on the Internet. Links to such materials
are also prohibited. In addition, any site selling or promoting
bulk email service is not allowed. Below are some examples of non-acceptable
content or links:
Adult Sites - Any erotic or pornographic material, links to adult
sites, or advertisements for adult sites.
Pirated Software (Warez) - Any software that is copyrighted and
not freely available for distribution without cost: i.e. ROMs,
ROM Emulators, and MPEG Layer 3 files (MP3s).
Copyright Violations - Violation of copyrights held by individuals
and corporations or other entities can result in civil and criminal
liability for the infringer.
Hacking/Phreaking - Includes sites with material, links, or resources
for hacking, phreaking, viruses, anarchy, or any type of site that
promotes or participates in willful harm to iInternet sites or
providers.
Network Security
Customers may not use the Merlin-Internet-Services.net network
with an attempt to circumvent user authentication or security of
any host, 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, host or network. This includes, but is not
limited to, flooding, mail bombing, or other deliberate attempts
to overload or crash a host or network. Merlin-Internet-Services.net
will cooperate fully with 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..
CGI Scripts
Each Merlin-Internet-Services.net account comes fully equipped
with its own pre-configured CGI-Bin. Customers are free to use
any CGI-Scripts provided with their account or add any additional
ones they require. Any CGI-Scripts deemed to be adversely affecting
the server performance or the network integrity may be shut down
without prior notice. CGI-Script sharing with domains not hosted
by Merlin-Internet-Services.net is not allowed.
Chat Rooms
Merlin-Internet-Services.net prohibits its customers from installing
outside chat rooms on their domain, as these tend to be a resource
problem. Merlin-Internet-Services.net does provide its customers
a choice of java chat rooms to choose from for a nominal monthly
charge. These chat rooms were designed to meet the growing needs
of customers and function without hindering the performance of
the servers for others.
Server Resources
Any website that uses a high amount of server resources (such as,
but not limited to CPU time, memory usage, and network resources)
will be given an option of either upgrading their service level
or reducing the resource used to an acceptable level.
Background Running Programs
Background Daemons in general are prohibited. Merlin-Internet-Services.net
will consider requests on a per application basis. If allowed,
extra charges will be assessed based on resource requirements
for system maintenance.
IRC
Merlin-Internet-Services.net prohibits its customers from operating
IRC or IRC Bots on any of the servers in the Merlin-Internet-Services.net
Network.
Backups / Restores
As a courtesy, Merlin-Internet-Services.net provides a backup service
on shared hosting accounts. You can request our administrators
to run a backup of your site or any files for a one-time charge.
Although Merlin-Internet-Services.net tries to ensure these backups
are complete and accurate, we cannot guarantee data integrity.
It is possible that a site and/or file may not be able to be
restored without our knowledge. Merlin-Internet-Services.net
recommends that the customer periodically and frequently backup
their site to their local computer. On most accounts there is
a backup manager that can assist you in this process. A backup
may not be included with a dedicated server type plan. We recommend
dedicated server customers can purchase a backup option to protect
data.
Commercial Advertising/Mass Mailings
You must not use the Merlin-Internet-Services.net network, Merlin-Internet-Services.net
equipment, or any Merlin-Internet-Services.net email address
in connection with the transmission of spam, flames, mail bombs,
or substantially similar, unsolicited email messages. Your domain
may not be referenced as originator, intermediary, or reply-to
address in any of the above. This prohibition extends to the
sending of unsolicited mass mailings from another service that
in any way implicates the use of the Merlin-Internet-Services.net
network, Merlin-Internet-Services.net equipment or any Merlin-Internet-Services.net
email address. A message is considered unsolicited if it is posted
in violation of a newsgroup charter or if it is sent to a recipient
who has not requested or invited the message. For purposes of
this provision, merely making one's email address accessible
to the public will not constitute a request or invitation to
receive messages.
If you are found to have spammed, without warning, Merlin-Internet-Services.net
reserves the right to disable your domain. In addition, Merlin-Internet-Services.net
may impose a $100 penalty for each spam policy violation. Merlin-Internet-Services.net
solely reserves the right to refuse or cancel service to known
spammers. Lastly, Merlin-Internet-Services.net reserves the right
to determine what violates this policy. As such, any violation
may result in cancellation of services without refund.
Distribution and/or Transmission of Obscene, Indecent Speech or
Materials
Violation of Indecency and Obscenity Laws can result in criminal
penalties.
Intellectual Property Rights
Material accessible to you through Merlin-Internet-Services.net's
services may be subject to protection under the United States
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 the Merlin-Internet-Services.net
service 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 Merlin-Internet-Services.net
network. If you use a domain name in connection with the Merlin-Internet-Services.net
service or similar service, you must not use that domain name
in violation of any trademark, service mark, or similar rights
of any third party.
Defamation
Defamatory speech distributed over the Internet can result in civil
liability for the defamer.
Refusal of Service
Merlin-Internet-Services.net LLC reserves the right at its sole
discretion to refuse or cancel service. Violation of any of Merlin-Internet-Services.net's
rules and regulations could result in a warning, suspension,
or possible account termination. Accounts terminated due to policy
violations will not be refunded.
Service Cancellation
To authenticate a cancellation request, you must fill out the online
cancellation form. If this is not possible, you may fax the notice
to +1 801-991-5940 or contact the Billing Department to request
assistance. You must include your account email address, account
name, account password and the domain on which you want to cancel
the hosting.
We cannot accept cancellation requests over the phone for security
reasons.
30 Day Money Back Guarantee
Merlin-Internet-Services.net provides a thirty (30) day no nonsense
money back guarantee for all direct shared hosting accounts.
If, for any reason, you request cancellation before your first
bill date, Merlin-Internet-Services.net will refund to you the
first month’s service cost, plus applicable set-up fees.
Please note that the set-up fees for dedicated servers, private
servers, and fees for resold domains are non-refundable.
Annual Commitment/Prepayment
Merlin-Internet-Services.net will waive the set-up fees if the
direct shared hosting account is prepaid for one year. If you
should cancel your account before the expiration of the 12-month
period, Merlin-Internet-Services.net agrees to refund a prorated
amount of the prepaid service cost, minus the previously waived
applicable set-up and administrative fees, for which you will
then be made responsible.
Indemnification
Customer agrees that it will protect, indemnify, save, and hold
Merlin-Internet-Services.net harmless from any and all stipulations,
liabilities, losses, expenses, and claims, as well as reasonable
attorney's fees assessed against Merlin-Internet-Services.net,
its agents, customers, officers, employees, and administration
that may arise or result from any service provided or performed
or agreed to be performed or any product sold by it's customers,
agents, employees, or assigns. Customer agrees to defend, indemnify
and hold Merlin-Internet-Services.net harmless against liabilities
arising out of: (1) any injury to person or property caused by
any products sold or distributed in association with Merlin-Internet-Services.net's
services; (2) any material furnished by customer infringing or
allegedly infringing on the proprietary rights of a third party;
(3) copyright violation and any defective products sold to a
customer from Merlin-Internet-Services.net's services.
Disclaimer
Merlin-Internet-Services.net will not be responsible for any damages
your business may suffer. Merlin-Internet-Services.net makes
no warranties of any kind, expressed or implied, for services
we provide. Merlin-Internet-Services.net 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 Merlin-Internet-Services.net and its employees. Merlin-Internet-Services.net
reserves the right to amend or update these policies without
notice. Failure to follow any terms and conditions may result
in account deactivation.
Merlin-Internet-Services.net furthermore expects that its customers
who provide Internet services to others will fully comply with
all applicable laws concerning the Privacy of online communications.
A customer's failure to comply with those laws will violate this
policy. Finally, Merlin-Internet-Services.net wishes to emphasize
that in accepting services, customers indemnify Merlin-Internet-Services.net
for the violation of any law or Merlin-Internet-Services.net policy
that results in loss to Merlin-Internet-Services.net or the bringing
of any claim against Merlin-Internet-Services.net. This means that
if Merlin-Internet-Services.net is sued because of activities of
the customer that violate any law, or this policy, the customer
will pay any damages awarded against Merlin-Internet-Services.net,
plus costs and reasonable attorneys' fees.
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