Hosting terms of service

Terms of service summary

Upon signing up for MANOVERBOARD's services, all hosting customers agree to comply with MANOVERBOARD's Terms of Service ("TOS"). The spirit of the TOS is to ensure that hosting customers are using MANOVERBOARD's services with due regard to the rights of other Internet users and in conformity with the requirements of MANOVERBOARD's network environment. The TOS is not exhaustive and MANOVERBOARD reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to manoverboard.com or notification of the modified TOS. Any complaints about a hosting customer’s violation of the TOS should be sent to info [at] manoverboard [dot] com.

The following Terms of Use apply to all MANOVERBOARD hosting customers:

Illegal use

MANOVERBOARD servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular 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. Additionally, in purchasing MANOVERBOARD hosting services, all MANOVERBOARD customers certify that they and/or the organization they represent in procuring services from MANOVERBOARD are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to MANOVERBOARD’s customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a MANOVERBOARD server, and selling or distributing software (on a web site residing on a MANOVERBOARD server) that facilitates spamming. Violators will face immediate suspension. MANOVERBOARD reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and network abuse

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Viruses and other destructive activities

Use of MANOVERBOARD’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any hosting customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use MANOVERBOARD’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Child pornography

The use of MANOVERBOARD’s services to store, post, display, transmit, advertise or otherwise make available child pornography is absolutely prohibited. MANOVERBOARD is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its hosting services.

Payment

By supplying payment for MANOVERBOARD hosting charges, you authorize MANOVERBOARD to automatically invoice you for continued services. Recurring charges will be sent to you until you cancel your account. If payment is more than 30 days late, MANOVERBOARD may, at its sole discretion, restrict, suspend, or terminate a hosting customer's web hosting account and/or pursue other civil remedies.

Privacy

MANOVERBOARD is committed to protecting your privacy. We hold your name, electronic mail addresses, and other personal information in the strictest confidence. We will never sell, trade, or rent your personal information to others, and we will not disclose your personal information under any circumstances unless required by law.

Hosting Customer Responsibility

MANOVERBOARD does not monitor its hosting customers' communications or activities to determine whether they are in compliance with the TOS. However, if MANOVERBOARD becomes aware of any violation of the TOS or other user agreements, MANOVERBOARD may take any action to stop or correct such violation, including, but not limited to, denying access to MANOVERBOARD’s services and equipment or to the Internet. In addition, MANOVERBOARD may take action against a hosting customer or a hosting customer of such hosting customer because of the activities of such hosting customer.

Actions taken by MANOVERBOARD

The failure by a hosting customer to meet or follow any of the TOS is grounds for account deactivation. MANOVERBOARD will be the sole arbiter as to what constitutes a violation of the TOS. MANOVERBOARD reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When MANOVERBOARD becomes aware of an alleged violation of its TOS, MANOVERBOARD will initiate an investigation. During the investigation, MANOVERBOARD may restrict a hosting customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, MANOVERBOARD may, at its sole discretion, restrict, suspend, or terminate a hosting customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, MANOVERBOARD will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. MANOVERBOARD does not issue credits for outages incurred through service disablement resulting from TOS violations. MANOVERBOARD hosting customers agree to indemnify and hold harmless MANOVERBOARD from any claims resulting from the use of our services that damages them or any other party. The MANOVERBOARD 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. MANOVERBOARD expressly disclaims any representation or warranty that the MANOVERBOARD service will be error-free, secure or uninterrupted. No oral advice or written information given by MANOVERBOARD, its employees, subcontractors, affiliates, licensors or the like, will create a warranty; nor may you rely on any such information or advice. MANOVERBOARD 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. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by MANOVERBOARD.