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These Terms of Service constitute an aggreement between Mill City Solutions (MCS) and the Customer/Reseller (individual account holder(s))

 

The Terms of Service have been formulated and implemented with the following goals in mind:

  • To ensure security, reliability, and privacy on MCS servers, systems, and networks and on the networks and systems of others.
  • To avoid situations that may cause MCS to incur civil liability.
  • To maintain the image and reputation of MCS as a responsible organization.
  • To encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services.
  • To preserve the privacy and security of the individual users.

The Terms of Service outline and define actions and uses which are considered to be abusive and are therefore strictly prohibited. If you are unsure whether or not a specific action you are considering is in violation of the Terms of Service please contact us at service@millcityweb.net and we will assist you.:

1. Security

1a. Customers may not use MCS servers, network, or services as means or origination point as to attempt to circumvent or "break" user authentication or security of any host, network, or account, on MCS servers or any other network. 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.

1b. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mailbombing, or other deliberate attempts to overload or crash a host network.

1c. If your a account is the initiator or target of a denial of service attack that adversely affects ours or somebody else's network, your account may be terminated without warning and you will be held responsible for any charges that may result from this action.

1d. Activites that attract denial of service attacks are expressly prohibited. Customers involved in these activities will be terminated as soon as we are aware of them. These activities include, but are not limited to: resale of or granting access to shell accounts and involvement with IRC of any kind. This prohibition is for the protection of our other customers as a whole as these kind of activities then to attract attacks that have the potential to degrade or cause a failure of service for all of our customers.

1e. MCS 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 crimes. Users who violate systems or network security may incur criminal and/or civil liablity. MCS reserves the right to charge the Customer up to $500 per complaint lodged against them to investigate.

2. Spamming/Email Policy

2a. MCS has a zero tolerance policy for spam (buld unsolicited e-mail). Sending bulk/spam e-mail or news postings from MCS servers or networks, or sending such e-mail or news postings with a Mill City Solutions hosted web site listed as the contact address, is grounds for immediate termination of the account. Mill City Solutions also reserves the right to terminate accounts advertising or distributing software or services that may contribute to news or e-mail spamming.

2b. The Customer may not offer, give, or sell e-mail services using the provided Mill City Solutions e-mail servers to persons or entities outside of the account holders own organization or entity. For example, e-mail services cannot be given away to the general public by an account holder similar to Hot Mail or Yahoo! mail services. However the Customer can use or allocate as many e-mail accounts as the Customer hosting package allows for persons or use within the account holders business or organization.

3. Bandwidth and Disk Space Charges

3a. If the customer's bandwidth consumption exceeds their monthly allotment, the customer will be billed for additional bandwidth used in increments of one GB at the rate of $10/GB/month.

3b. If the customer's disk storage space consumption exceeds their allotment, the customer will be billed for additional disk space used in increments of ten MB at the rate of $10/10MB/month.

3c. The Customer will not be notified if he/she approaches or goes over their bandwidth or disk space allotment. The Customer is responsible for monitoring his/her useage.

3d. Bandwidth consumption includes ALL transfers to and from the servers related to the Customer's account. This includes, but is not limited to; web traffic, FTP traffic, e-mail traffic, and DNS traffic.

4. Prohibited Content and Uses

4a. Mill City Solutions is not responsible for the content of any web pages hosted on it's servers, and the opinion and views expressed in the web pages hosted on it's servers do not necessarily reflect those of Mill City Solutions. The contents of the web pages hosted on the Mill City Solutions servers are not reviewed in any way before they appear on its servers. However, pages hosted Mill City Solutions servers cannot contain, or contain links to, any of the following: copyrighted material not belonging to the Customer or to which the Customer has no license; nudity, sex or pornography; foul language; hate propaganda; mail fraud; pyramid schemes; insults to other persons or companies; information on obtaining, constructing, and/or use of illegal weapons, weapons of mass destruction, or terrorist weapons; the encouragement of the use of violence, illegal weapons, or weapons of mass destruction; and anything illegal. This includes anything considered adult only material. The Customer is solely responsible for the content of any of their pages hosted on Mill City Solutions servers.  Mill City Solutions does not host adult oriented sites!

4b. MCS services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data, or material in violation of United States or state regulation or law, or by common law, is prohibited. This includes but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. MCS reserves the right to remove such illegal material from its servers or to suspend or terminate the offending account.

4b. MCS reserves the right to and does randomly inspect the content of it's customers web sites and the content of all files, including the Customer's files, located on our servers for compliance with the Terms of Service and all applicable laws.

4c. Violation of this rule may result in the immediate suspension or termination of the Customer's account. The account may be suspended or terminated at the sole discretion of MCS and there may be no prior warning or notification.

4d. Mill City Solutions will not host domains which may violate any copyright, trademark, or any "anti-cybersquating" laws.

5. Resale of Services

5a. The resale of MCS products and services is not permitted, unless specifically permitted through a reseller agreement.

6. Facilitating a violation of these Terms of Service

6a. Software, services, programs, activities, and advertisements that promote, enable, or facilitate any activity that is prohibited within these Terms of Service, including spam, denial of service attacks, compromise of other systems or attempts to compromise other systems are ALL considered to be violations of these Terms of Service.

7. Payment

7a. Customer agrees to supply appropriate payment for the services received from MCS when they are due.

7b. Customer agrees that all setup fees are non-refundable once the setup has occurred and any applicable free trial periods have expired.

7c. Customer is aware that if he/she is paying by credit card, prepayments will be billed and charged automatically, and that MCS may apply the amount due to the provided credit card at any time.

7d. Payments by credit card will be invoiced by e-mail. A paper invoice may be requested.

7e. If payment is received by Wire transfer, there is an administrative fee of $20.00 US per instance.

7f. Customer understands and agrees that MCS shall not be responsible for any charges or expenses that customer may incur resulting from overdrawing customer's bank account or exceeding customer's credit card limit as a result of an automatic or manual charge generated by MCS pursuant to this authority.

7g. Returned checks will incur an administrative fee of $20.00 US.

7h. Timely payment is crucial. All accounts past due by more than 7 calendar days are subject interruption of service without notice. With all disconnections, a $50.00 reinstatement fee will apply to reactivate the service again. If customer's account is in default and their account is sent to collections, customer will be responsible for any collections fees that may apply.

8. Contract Length

8a. If Customer chooses monthly billing then the contract runs month to month renewing automatically. If Customer chooses annual billing then the contract runs one year renewing automatically.

9. Cancellation of accounts

8a. MCS reserves the right to cancel service at any time. All fees paid in advance of cancellation (excluding setup fees) will be pro-rated and refunded by MCS to Customer if MCS initiates its right of cancellation and Customer is NOT in violation of these Terms of Service. If cancellation is caused by customers and/or it's client's breach the Terms of Service, then customer agrees that no refund is due. Customer understands that service can ce cancelled at any time effective the end of contract.

8b. If Customer's account is cancelled by MCS during a free trial period because the Customer is found to be in violation of these Terms of Service, then the Customer agrees that the free trial period is null and void and Customer is responsible for any setup fees and other fees that would normally be applied to the account had it not been cancelled and the free trail period expired.

8c. Due to protection concerns, all account cancellations must be done in writing via US mail or fax. Notifications or cancellation must include the company letterhead (if applicable), account name/customer number, administrative contact information with valid signature, last four numbers onthe credit card (if applicable), and a reason for cancellation. Cancellations must be authorized by the administrative contact. Third party cancellations are not accepted.

10. CGI, scripts, and other processes

10a. Mill City Solutions allows CGI scripts and processes, however if a particular script or process is found to be consuming an inordinate amount of resources, that script or process may be disabled at the discretion of Mill City Solutions.  Mill City Solutions has the sole discretion and judgment in determining whether a script or process is consuming an inordinate amount of resources.

11. Server downtime

11a. In the unlikely event of an interruption of service greater than six hours in duration, the account holder will not be charged for that down time.

12. Violations of the Terms of Service

12a. Violation of any of these Terms of Service is grounds for immediate suspension and/or termination of an account. Mill City Solutions has the sole discretion and judgment in determining whether a Customer has violated these conditions.

13. Disclaimer

13a. MCS is not responsible for any damages you or your business may suffer.

13b. MCS does not make implied or written warranties for any of our services.

13c. MCS denies any warranty or merchantabillity for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and all service interruptions caused by MCS.

13d. The Customer will not use its network nor space provided by MCS to violate any law. In the event Customer violates existing law, MCS shall have the right to terminate all services set forth in these Terms of Service. In the event MCS is informed of inappropriate or illegal use of MCS services or other networks accessed through MCS, MCS may terminate customer's service.

13e. MCS will cooperate fully with investigations of violation of systems or network security at any other sites.

13f. MCS will cooperate with law enforcement authorities in the investigation of possible criminal violations.

13g. Customers who violate systems and/or network security, may incur criminal or civil liability.

13h. MCS reserves the right to amend its policies at any time. You will be held responsible for the actions of your clients and users in the matter described on these Terms of Service. Therefore it is in your best interest to implement a similar or stricter Terms of Service or otherwise called acceptable terms of use policy.

14. Limitation of Liability

14a. The account holder understands that the Internet and other various networking communication mediums are not secure, unless explicitly specified as such, and may be subject to interception or loss. Mill City Solutions makes no warranties of any kind, either express, implied, or statutory concerning the data or information available through the Mill City Solutions servers. IN NO EVENT WILL MILL CITY SOLUTIONS BE LIABLE TO THE ACCOUNT HOLDER FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES ARISING OUT OF THE SERVICES OR ANY PRODUCTS PROVIDED UNDER THIS AGREEMENT, EVEN IF MILL CITY SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE ACCOUNT HOLDER.

MILL CITY SOLUTIONS, ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, SHALL NOT BE LIABLE TO THE ACCOUNT HOLDER OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM THE USE OF THE MILL CITY SOLUTIONS SERVERS, CAUSED IN WHOLE OR IN PART FROM THE USE OF THE MILL CITY SOLUTIONS SERVERS, CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING, MAINTAINING, OR DELIVERING WEB SITES. IN NO EVENT WILL MILL CITY SOLUTIONS, ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES BE LIABLE TO THE ACCOUNT HOLDER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE ACCOUNT HOLDER I RELIANCE ON SUCH CONTENT. MILL CITY SOLUTIONS, ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES SHALL NOT BE LIABLE TO THE ACCOUNT HOLDER OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE MILL CITY SOLUTIONS SERVERS.

15. Resellers

15a. A Customer purchasing a "reseller" account has the rights to resell Mill City Solutions services on their reseller account

15b. The Reseller has is responsible for their customers and for their customers actions. A Resellers customer may not break any rules or terms outlined in this terms of service. A violation of the terms of service by either the Reseller or the Resellers customer may result in the suspension or termination of the Reseller's account and any accounts held under the Reseller's account. It is therefore in the Reseller's best interest to have a terms of service or authorized use policy at least as stringent as Mill City Solutions' terms of service and to monitor their customers vigorously for conformity to the terms of service.

15c. Mill City Solutions will maintain a certain level of anonymity for the Reseller, however Mill City Solutions will disclose if an individual or corporation is a Reseller for Mill City Solutions if asked. Resellers should understand that using readily available tools on the Internet, it is relatively easy to determine if a web hosting company is a reseller or not. It is suggested that Resellers not deny they are reselling if asked as honesty is crucial to developing and maintianing a good relationship with a customer.

15d. Unless an aggreement to provide direct customer or technical service, or billing services to the Reseller's customer, these services will not be provided to the Reseller or their customers. Resellers are responsible for providing these direct services to their customers. Mill City Solutions will provide customer and technical service and support to the Reseller and will work with the Reseller to resolve any issues that may arise.

By clicking on the following link, or by continuing to the web hosting sign up page, or by requesting an account for web hosting services with Mill City Solutions, the account holder agrees to the above terms and conditions.

 

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