Web Hosting Policies
Max Network / Max Exchange Trust provides web hosting to many clients, and we
have a responsibility to protect each client and to provide the best services
available. The following guidelines were designed to ensure these obligations
are met.
FURTHERMORE, these Policies, Guidelines, and Disclaimer are intended for all
domains residing on Max Network's servers.
Content:
All services provided by Max Network / Max Exchange Trust may be used for lawful
purposes only. Transmission, storage, or presentation of any information, data
or material in violation of any United States Federal, State or City law is
prohibited. This includes, but is not limited to: copyrighted material, material
we judge to be threatening or obscene, or material protected by trade secret and
other statute. The subscriber agrees to indemnify and hold harmless Max Network / Max Exchange Trust
from any claims resulting from the use of the service which damages the
subscriber or any other party.
Pornography and sex-related merchandising is prohibited on all Max Network's
servers. This includes sites that may infer sexual content, or links to adult
content elsewhere. Max Network / Max Exchange Trust will be the sole arbiter in
determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present
content that may be damaging to Max Network's servers or any other server on the
internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Sites that promote the use of unsolicited email (Spam)
- Warez sites
- Sites that promote hate, or are prodigious to others.
- Any Site that consumes more than 5% of system resources
Following are a list of sites that will often require more than 5% of our
systems resources: Domains with busy forums, banner member scripts, large
mailing lists, archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.),
and domain accounts offering download files.
We are not saying that your web site can not contain such activities/content,
however if at any time they consume 5% or more of our systems resources you will
be contacted to resolve the problem.
Max Network / Max Exchange Trustwill be the sole arbiter as to what
constitutes a violation of this provision.
Traffic, Disk Usage, Statistics and Email
All account plans come with a predetermined amount of traffic allowance. We
monitor all accounts and bill $6.99 ($5.50 for managed resellers and dedicated
servers) for each gig of traffic exceeded. This amount is not prorated, this
meaning that 1 mb - 1 gig will be treated and billed as the same.
All Retail plans include a set amount of disk space of which 75MB of space is
allocated toward stats and logs. Individual Managed Reseller sites include
same disk space and bandwidth as our retail plans at a discounted rates.
Resources for Managed Reseller sites can not be combined.
Log files are rotated monthly on our UNIX Retail and Managed Reseller plans.
The previous months logs are archived on the server. Log files are deleted
monthly on our Windows Plans. Log files are rotated daily on our Bulk
Reseller Plan and are archived for the 3 days. Web Site statistics
are offered "as is" and if activated by the customer should be
automatically generated on UNIX accounts. Windows customers have to
request statistics on a per site basis and manually update statistics. If
statistics are not generated before log files are deleted statistics will not be
available for that time period.
Email will be kept on the server for a period of 90 days on multi-site and
bulk reseller accounts and 30 days on managed reseller and retail accounts.
Users should download their email and keep an off site back up of all messages.
To increase the performance of the servers and reduce download issues we
encourage users to delete messages from the server once they are read.
Bulk Reseller Accounts
All bulk reseller accounts include a set amount of system resources and
5% CPU usage. All items listed as "Unlimited" including but not
limited to domains, email, databases are not restricted by a physical
number but will require the purchase of additional system resources when these
system resource limits are reached. A $49 setup fee applies to switch to our
Multi-Site Hosting Account.
Multi-Site Hosting Accounts
Multi-site hosting accounts include a set amount of system resources and
2% CPU usage. All items listed as "Unlimited" including but not
limited to email and databases are not restricted by a physical number but will
require the purchase of additional system resources when these system resource
limits are reached. A $49 setup fee applies to upgrade to our bulk
reseller plan.
Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from an Max Network's
server or using an email address or domain that is maintained on an Max Network / Max Exchange Trust
machine as reference is STRICTLY prohibited. This includes sending mass mailings
to email addresses that did not "Opt In*" from a domain that is
maintained on an Max Network / Max Exchange Trust machine. Max Network / Max Exchange Trust
will be the sole arbiter as to what constitutes a violation of this provision.
* Any user that joins a list must be sent an email to the address they signed
up asking for them to verify they joined the list. That user will not be
added to the list until they perform some sort of authentication such as
replying to the message or clicking on a link.
Chat Rooms
Max Network / Max Exchange Trust will not allow clients to install their
own chat rooms. These tend to be a large drain on system resources and we cannot
allow it as an account option.
Background Running Programs
Max Network / Max Exchange Trust may allow programs to run continually in
the background. These are considered on a case-by-case basis and an extra charge
will be incurred based on system resources used and operational maintenance
needed.
IRC
Max Network / Max Exchange Trust currently does not allow IRC or IRC bots to be
operated on our servers.
Offering Free Services
Max Network / Max Exchange Trust will not allow clients to run free
services on shared or reseller accounts. This includes but is not limited
to free email, free home pages and free hosting. These "free"
services can be hosted on our dedicated servers.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of Max Network / Max Exchange Trust
is strictly prohibited.
Refusal of Service:
Max Network / Max Exchange Trust reserves the right to refuse, cancel, or
suspend service at our sole discretion.
All Sub-Networks, distributive hosting sites and dedicated servers of Max Network / Max Exchange Trust
must adhere to the above policies.
BILLING:
Recurring Billing:
All credit cards are billed automatically. Our billing cycle starts on
the first of each month. The first months fees are pro-rated based on a 30 day
month for the number of remaining days in the month the account was ordered.
Fees for new sites are invoiced on or about the first of the proceeding month
for the term that plan is billed and include any applicable setup fees and the
pro-rated amount for the month the site was ordered. It is the clients
responsibility to ensure that they have sufficient credit to cover this
transaction. In the event that there is insufficient credit, as a courtesy we
will send an email notification at which point we will need to be provided with
another credit card within 15 days. If we do not receive a response within 15
days the account will be deactivated and any accounts under that account plan.
Domain Affiliates:
The cost of domain names for domain affiliates is $16.95 plus 5% of the
retail price set by the affiliate. We pay affiliates 45 days after the
close of any given month that their commissions due reach $50 or more.
Commissions are accumulated for months that have less than $50 in commissions.
US and Canadian affiliates may choose to have commissions applied toward Max Network / Max Exchange Trust
Hosting services or be paid by check. Commissions for Non-US/Canadian based
affiliates may be credited toward Max Network / Max Exchange Trust Hosting
services and are not paid by check or any other payment method.
Commissions for NON-US based affiliates not used toward Max Network / Max Exchange Trust
Hosting services within 12 months of being due are for fitted (deleted) and will
not be credited to the affiliate. Affiliate accounts that are inactive (no
new registrations) for over 12 months will be cancelled and any domain
registrations under that affiliate account will be managed and billed directly
through Max Network.
Account Deactivations:
Any account deactivated due to non-payment will be deactivated and we
require a reactivation fee of $50.00 to be paid prior to reactivating the
account.
Upgrades and Downgrades:
Our standard setup fees apply for all upgrades and downgrades.
Any sites that downgrade will receive a credit of the difference in the monthly
cost between their old plan and new new plan for any pre-paid full months of
hosting service.
30 Day Money Back Guarantee/Refunds:
Regular Hosting Clients - Should you become unsatisfied with our services
within the first 30 days of your account activation, Max Network / Max Exchange Trust
will refund your hosting fee.
Cancellation Refunds:
Max Network's DOES NOT refund partial monthly fees to accounts canceling
after their 30 day initial account activation period. Therefore only prepaid
full monthly fees existing on account will be refunded. All cancellation
requests must be received at least 15 days prior to the billing due date.
Cancelled accounts that are paid yearly are subject to a $29 cancellation fee.
All accounts that include Click CartPro that are cancelled within 90 days of the
order will require an additional $99 cancellation fee.
**Please note: Domain Name Registration fees WILL NOT be refunded.**
REFUSAL OF SERVICE:
Max Network / Max Exchange Trust reserves the right to refuse, cancel, or
suspend service at our sole discretion.
LIMITATION OF LIABILITY:
Max Network / Max Exchange Trust shall not be responsible for any claimed
damages, including incidental and consequential damages, which may arise from Max Network's
servers going off-line or being unavailable for any reason whatsoever.
Furthermore, Max Network / Max Exchange Trust shall not be responsible for any
claimed damages, including incidental or consequential damages, resulting from
the corruption or deletion of any web site from one of Max Network's servers.
All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Uses Policies should be referred to: the
webmaster
All complaints will be investigated promptly. Failure to follow any
term or condition will be grounds for immediate account deactivation.
DISCLAIMER:
Max Network's cannot be held liable for system downtime, crashes, or data
loss. We cannot be held liable for any predicted estimate of profits in which a
client would have gained if their site was functioning. Max Network / Max Exchange Trust
does regular backups as an extra service for it's clients but in no way
guarantees these backups. Clients should at all times keep a backup copy
of their data stored outside our Network. Certain services provided by Max Network / Max Exchange Trust
are resold. Thus, certain equipment, routing, software, and programming used by Max Network / Max Exchange Trust
are not directly owned or written by Max Network. Moreover, Max Network / Max Exchange Trust
holds no responsibility for the use of our clients accounts. If any terms or
conditions are failed to be followed, the account in question will be
automatically deactivated. We reserve the right to remove any account or files
without advanced notice for any reason without restitution as Max Network / Max Exchange Trustsees
fit.
ACCOUNT ACTIVATION:
By activating your account with Max Network, you agree to the above
policies and disclaimer. Upon requesting an account activation, you are required
to accept these policies, guidelines, and disclaimer and a copy of your
acceptance is forwarded along with your activation request to be maintained
within your account information.
NOTICE:
If you sign up for an account and do not follow our terms No refunds
will be given.
FURTHERMORE, Max Network / Max Exchange Trust retains the right to change any
or all of the above Policies, Guidelines, and Disclaimer without notification.
We also retain the right to increase any pricing, and make changes to our
account plans without notification.
**If your account is found to contain illegal activity, Illegal MP3 Files,
Pirated software, hacker programs, Warez programs, or any other illegal files,
your account will be terminated immediately without notice and a $50.00
Cancellation fee will apply. ** Also the proper (and your local) authorities
will be notified of your actions.
Domain Dispute
Resolution Policy
