Server Abuse
Censorship
System Users
Abuse of Unmetered Traffic and Large Space
Unauthorized use of other people's accounts or computers
Commercial advertisements with e-mail
Chat Rooms
Background Running Programs
IRC
Payment Policies
Cancellation
Lawful Purpose
Indemnification
Free Dom-reg offer with one year hosting
Disclaimer
Privacy Policy

To better serve our customers and offer a more reliable and FASTEST possible environment, MercuryD Web Solutions has developed this acceptable use policy to define the types of behavior that will not be permitted on MercuryD Web Solutions's network. Please report any known violations to abuse@mercuryd.com.

MercuryD Web Solutions's general policy is to act as a provider of Internet presence. MercuryD Web Solutions reserves the right to suspend or cancel any customer's access to any or all services provided by MercuryD Web Solutions when we decide that the account has been inappropriately used. MercuryD Web Solutions decides what is inappropriate and reserves the right to immediate action to suspend or cancel when abuse is effecting other clients, and without warning when needed. An outline of Specific Acceptable Use Policies are to follow:

Server Abuse
Any attempt to cause harm or undermine a server, or customers of MercuryD Web Solutions is strictly prohibited, and will not be tolerated. Resource Usage: No system in the world has unlimited resources, and we expect you to act responsibly when consuming resources on our system. If you consume unnecessary and excessive resources on our system we may suspend your access at any time without prior notice to correct the situation.

Censorship
MercuryD Web Solutions has a policy of no-censorship, either from or to our systems. We welcome the freedom of speech and expression on the internet. This does NOT apply if the information transmitted is illegal or is clearly used for fraud. If ownership of content is contested on any site by a third party, MercuryD Web Solutions will also request proof of copyright or ownership from both the alleging and accused parties. Adult sites and sites with adult content are limited to the Power Plan with 15GB traffic, and $5 per extra GB as need, or a dedicated server as hosting solutions at MercuryD Web Solutions. MercuryD Web Solutions will NOT Host: illegal software sites, Warez, Rom, Emulations, illegal copyright infringing MP3, sites and any nude photos of individuals under the age of 18 are not tolerated despite nature of content or related laws.

System Users
Account Usage: Your account is for your exclusive and individual or company/organization use only; multiple concurrent logins of the same account for multiple sites are not permitted to be freely given away or resold which would undermine our offerings of large space and traffic capacity. Your company or you become responsible for the charges incurred by someone else that you have allowed to use your account. For this reason you should protect your account and password as you would any other personal resource such as your Social Security or credit card number.

Abuse of Unmetered Traffic and Large Space
The Unmetered policy: Accounts deeming unmetered traffic are not pre-capped for traffic/hits, however do have a bandwidth allotment as explained in the plan description. MercuryD Web Solutions does not specify how many visitors or hits are allowable to your account. This is what unmetered implies on our hosting plans. We expect you to be responsible and reasonable on our servers. The intention of MercuryD Web Solutions is to provide a large space to serve web documents for your web site, NOT an offsite storage area for your electronic files, or a non restricted amount of resources to be given away or resold on any one single plan.

To maintain the integrity of our service the following common sense limitations apply: Sites running scripts from their domain used on other domains not hosted with MercuryD Web Solutions thus pulling bandwidth (basically giving our bandwidth away to non customers). Sites offering extensive download files or archives (Email approval required). Any sites using more than 20% of system resources. Any site after 30GB of transfer (averaging 1000MB or more per day) will have to be recommended for a dedicated server, or a special hosting rate agreement with MercuryD Web Solutions paying for additional bandwidth in advance. Additional bandwidth is $3 to $5 per GB. Adult plans are limited to 15GB per month, and can only host of the Power Plan or a Dedicated Server without limitations. You will be notified before any charges are made or deducted from your card. MercuryD Web Solutions will not charge or debit your credit cards for any overages before your consent. However if payment is not made, MercuryD Web Solutions reserves the right to remove your account. You would have to surpass thousands upon thousands of daily hits, for you to even be considered. To give you an idea, in perspective most web hosts say unlimited and charge you after 8GB if you are lucky, as 95% will never use more then that. MercuryD Web Solutions will be the sole arbiter as to what constitutes a violation of this provision.

Unauthorized use of other people's accounts or computers
Any unauthorized use of accounts or computers by a MercuryD Web Solutions customer, whether or not the attacked account or computer belongs to MercuryD Web Solutions, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. MercuryD Web Solutions Host will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery and so on.

Commercial advertisements with e-mail
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.

Chat Rooms
We do not allow clients to install their own chat rooms without approving it with service@mercuryd.com. Most chat rooms tend to be large system hogs and we cannot allow that. However, we do provide a choice of Java or CGI chat rooms FREE of extra charge in your control panel that should meet most needs without hindering the performance of the machine for others. Note: Parachat does not apply to this rule, or hosted solutions available on the net that run on other servers that you simply embed or link to within your site. They are perfectly fine to install.

Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-by-one basis and must be cleared by service@mercuryd.com before hand, our the account may be terminated without notice.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers unless you have prior permission from MercuryD Web Solutions.

Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. MercuryD Web Solutions reserves the right to change prices at any time, unless other terms have been agreed upon or an account is prepaid. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies MercuryD Web Solutions in writing for a request for termination of services. All payments are in U.S. currency.

Cancellation

MercuryD Web Solutions offers 2 easy methods of cancellation for your convenience, Mail, Verified Email. Due to security concerns, all account cancellations must be done in writing with the required information explained below:

1) To Cancel via postal mail or fax:

a) Included your full name and address:
b) Your domain name:
c) Reason or Statement of Cancellation:
d) You Signature:
e) Last four digits of your credit card if one was used:

Our Address: MercuryD Web Solutions, 3685 Roundtop Road, Elizabethtown, PA 17022-9057

2) To Cancel via email:

a) Send email to service@mercuryd.com with CANCELLATION in capital letters as the subject.
b) Include your Full name:
c) Domain Name:
d) Reason or Statement of Cancellation:
e) User Name, and Password:
f) Last four digits of your credit car if one was used.

Phone requests and unverified email without the above information will NOT constitute acceptance of any cancellation. Payment will be made by company check within 15 days of receipt of cancellation or by issuing credits to your credit card if any refunds are applicable after cancellation. Credit memos can be faxed to the account holder upon request after 15 days from cancellation date, if refunds were applicable, and documented proof of a credit/refund is required.

MercuryD Web Solutions reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by MercuryD Web Solutions if MercuryD Web Solutions institutes it's right of cancellation. All of MercuryD Web Solutions's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your service, you will be given a full refund of the contract amount excluding setup fees, overages, long term agreements, or dedicated servers. Dedicated servers and Co-location is not covered due to cost incurred during setup. Dedicated server agreements are faxed and signed by you, and include their own guarantees. Setup fees are refundable only if the account ordered is canceled prior to activation. For web hosting accounts that are paid annually, MercuryD Web Solutions will refund all unused months if a proper cancellation is submitted as noted above, and if you mention your prepaid status within that cancellation. This policy does not apply to any additional services such as overages, additional disk space, additional pop accounts, etc.

Lawful Purpose
MercuryD Web Solutions reserves the right to refuse service to anyone. Customers may only use MercuryD Web Solutions servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. MercuryD Web Solutions expressly forbids anyone from using our services for illegal purposes according to US law. The designation of any materials as such described above is left entirely to the discretion of MercuryD Web Solutions management.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold MercuryD Web Solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against MercuryD Web Solutions Host, 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 MercuryD Web Solutions Host against liabilities arising out of;

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with MercuryD Web Solutions Host'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 MercuryD Web Solutions Host's server.

Special Provisions Applicable to Free Domain Registration with One Year Hosting Package
The Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".

If you cancel this Agreement prior to the end of the Term, (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) MercuryD shall refund to you all pre-paid fees for basic hosting services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment, (iii) you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above) and (iii) MercuryD shall have the right to charge you an early cancellation fee of $25.00. Any cancellation request shall be effective 30 days after receipt by MercuryD, unless a later date is specified in such request.

If MercuryD cancels this Agreement prior to the end of the Term, MercuryD shall not refund to you any fees paid in advance of such cancellation and (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and (iii) MercuryD shall have the right to charge you an early cancellation fee of $25.00.

Disclaimer
MercuryD Web Solutions will not be responsible for any damages your business may suffer using our services. MercuryD Web Solutions makes no warranties of any kind, expressed or implied for services we provide. MercuryD Web Solutions 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 MercuryD Web Solutions and its employees. MercuryD Web Solutions reserves the right to revise its policies at any time. All Sub-Networks, resellers and dedicated servers of MercuryD Web Solutions must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.

Privacy Policy

Your privacy is very important to us. We have established this Privacy Policy in order to protect you.

MercuryD Web Solutions asks for your contact/billing information for the sole purpose of managing your account. We will use any information you provide to us in order to contact you to setup your account, for billing purposes or to assist you with any issues you may have with our services.

The use of MercuryD Web Solutions services will NOT increase your chances of unsolicited offers.

If you have any questions about this Privacy Policy or the practices described herein, you may contact: service@mercuryd.com