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1. General Provisions
Momentum Business Strategies, hereafter referred to as Momentum, provides web hosting, email hosting, and other internet services in a shared server environment. Momentum has certain legal and ethical responsibilities regarding the use of its computer network and the equipment involved in these services. By using our services, you agree to the following terms and conditions of use of the service, and any changes or modifications made and published online by Momentum.
1b. Momentum's general policy is to act as a neutral provider of access to the global internet. Momentum reserves the right to suspend or cancel customer access to any or all services provided by Momentum when Momentum decides that the account has been used inappropriately.
2. General Usage Policies
(a) Participation in denial of service attacks from our servers or network is strictly prohibited.
(b) Streaming audio servers or software operating as a background process are not allowed on any system operated by Momentum. Accounts running such services will be given a 24 hour notice to cease said processes discovered by Momentum Networks staff.
(c) Illegal content served from customer equipment or hosted accounts within our network will not be tolerated.
(d) Hack attempts to remote sites or other related abuse from our network is prohibited.
(e) Accounts which use an extraordinary amount of resources within shared web hosting package may be suspended if the account in question affects the performance of the server for other users. Customer will be given options for dedicated services which meet the demands of Customers hosted content.
3. Usage of Momentum Servers
(a) All accounts are to be used by the primary owner only. Customers are not permitted to resell, store, or give away web hosting services off of their web site to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Customer is not allowed to host multiple web sites within the same hosting package. Exceptions to this include advertising, classified ads, and personal ads.
4. Technical Support Services
Momentum Networks strives to provide the best support services in the industry. In order to provide the most timely and reliable support, Momentum Networks staff utilizes an online ticketing support system.
Web Hosting, Domain Registration, and Email Defense customers are required to open a support ticket at http://support.Momentum.net/ when assistance is required with their account(s). This system is used to verify the account owner requesting support, give out or change sensitive information, and to keep track of work completed. If customer is unable to open a support ticket for any reason, customer must then call Momentum Networks and use the correct option for assistance. Momentum Networks staff will call the customer back to verify identity and to assist customer with logging into the support area.
Web Hosting, Domain Registration and Email Defense customers are not permitted to use the dedicated or co-location support options which are reserved for dedicated and co-location customers, remote hands, and data center access authorization. Unauthorized use of these options will result in a $5.00 priority support fee per incident.
5. Unauthorized Usage
Momentum will strongly react to any use or attempted use of an internet account or computer without the owner's authorization. Such attempts include brute force password cracking or port scanning. Any unauthorized use of accounts or computers by an Momentum customer, whether or not the attacked account or computer belongs to Momentum, will result in action taken against the attacker. Possible actions include cancellation or account suspension, and civil or criminal legal action all subject to the seriousness of the attack. Momentum reserves the right to cancel accounts at any time if we feel the TOS has been violated.
6a. Commercial Advertisements (spam)
Unsolicited commercial advertisements are not allowed from our network and will likely result in account suspension and cancellation. If the account owner is guilty of sending unsolicited email, a $500 fee will be applied and the account canceled. 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 lists 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. Specific descriptions of mail violating the TOS are as follows:
6b. Other Advertisements
(A) Unsolicited mail which is sent to users whom did not subscribe or ask for mail in any way from the sender. This includes mail which has unsubscribe instructions.
(B) Advertisements for products or services posted to newsgroups.
(C) Continual off topic postings to usenet newsgroups (more than two).
7. Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged for some accounts. All pricing is guaranteed for the term of pre-payment. Momentum reserves the right to change prices at any time. Payment is due previous to the end of each billing cycle. If 15 days have passed and payment has not been posted, the account may be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time the customer notifies Momentum to request termination of services. All payments must be made in US dollars. Accounts which have a negative balance may be sent to a collection company for money owed and a $25 administration fee applied.
8. Cancellation
Customers wishing to cancel accounts with Momentum must provide Momentum with a 30 day notice by email, fax, or written letter prior to the next billing. Momentum reserves the right to cancel service at any time. If the cancellation is caused by the customer violation of these polices, no refund is due. Annual payments are non-refundable even if Customer cancels prior to the end of a 12 month term.
9. Customers exercising their right to the 30 day money back guarantee do so under the following conditions:
(1)Cancellation notice is to be made by email or by opening a support ticket.
(2)Cancellation must be made prior to the next billing cycle
(3)Refunds on accounts paid by PayPal will be made minus the transaction fees incurred by PayPal
(4)Refunds on accounts paid by credit card will be made minus the transaction fees incurred by the credit card merchant provider
(5)Customers who make an annual payment are not eligible for a 30 day money back guarantee
10. Lawful Purpose
Momentum reserves the right to refuse service to anyone. Customer may only use Momentum servers for lawful purposes. 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. The designation of any materials as such described above is left entirely to the discretion of Momentum management. Shared hosting is intended for the end user only. Customer may not sublease, subhost, or give away control of any portion of Momentum resources. Doing so will result in immediate account cancellation.
11a. Indemnification
Customer agrees that it shall defend, indemnify, save and hold Momentum harmless from any and all demands, liabilities, losses, costs and its claims, including reasonable attorney's fees asserted against Momentum, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold Momentum harmless against liabilities arising out of:
11b.
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Momentum servers
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party
(3) copyright infringement
(4) any defective products sold to customers from Momentum servers
12. Rule of Law
Commonwealth of Massachusetts
13. Disclaimer
Momentum will not be responsible for any damages that you or your business may suffer. Momentum makes no warranties of any kind, expressed or implied for services we provide. This includes loss of data resulting from delays, non-deliveries, wrong delivery, or disk failures and any and all service interruptions caused by Momentum, it's employees, or upstream providers. Momentum reserves the right to revise its policies at any time, without notice.
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Overview