COMPANY OWNED BY @MACARLO ORGANIZATION
on April 17th, 2003
Acceptable Use Policy
of @Macarlo Networks Web Hosting (Subsidiary of @Macarlo Networks,
for www.macarlo.com, www.macarlo.net and subsidiary web sites
@Macarlo Networks Web Hosting. - hereafter referred to as @Macarlo, Inc. or
@M - provides Internet web page hosting, marketing and development. @Macarlo,
Inc. has certain legal and ethical responsibilities consisting with the use of
its server and equipment involved in these services.
@Macarlo, Inc.'s general policy is to act as a provider of internet presence.
@M has specific ethical concerns regarding the use of its computers detailed
below. @Macarlo, Inc. reserves the right to suspend or cancel a customer's
access to any or all services provided by @Macarlo, Inc. when we decide that the
account has been inappropriately used.
As part of the hosting plans, a domain registration service can be obtained.
Please review our domain registration agreement and uniform domain name dispute
resolution policy at the URL's below.
Uniform Domain Name Dispute Resolution Policy Registration Agreement
SPECIFIC ACCEPTABLE AND
PROHIBITED USE POLICIES
Any attempt to undermine or cause harm to a server or customer of @Macarlo,
Inc. is strictly prohibited.
Unauthorized use of other people's accounts or computers
@Macarlo, Inc. 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, security hole scanning etc.
Any unauthorized use of accounts or computers by a @Macarlo, Inc. customer,
whether or not the attacked account or computer belongs to @Macarlo, Inc., 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.
Adult Sites, That Place Adult Materials On Their Sites
Any type of pornographic materials, hate materials, adult materials (adult
material is not necessary limited to pornography), racial materials, or unlawful
practices are prohibited.
Utilization Limitations and / or Unlimited Storage
@Macarlo, Inc.'s customers are privileged to be offered an unmonitored
account in terms of bandwidth. This means @Macarlo, Inc. does not pro-actively
monitor bandwidth usage of our customers. @Macarlo, Inc.'s bandwidth policy is
similar to the common Laissez-Faire model in politics. Customers are entitled to
use as much bandwidth as necessary as long as they (a) do not harm other
customers located on the same machine or on other machines of @Macarlo, Inc.'s
network and (b) do comply with all other terms & conditions. All domain /
sub domains account do have a moderation throttling utility applied to their
throughput. This moderation throttling utility measures the accounts usage based
on averages derived from various server tasks and services such as average CPU
utilization, FTP utilization, HTTP bandwidth utilization, Email utilization - et
cetera. On basis of the meaningful average value the moderation throttling
software decides if a delay of an offending account is determined to be
necessary in order to assure 100% service uptime, reliability and performance
for other web sites of moderate usage on same machine. HTTP moderation is set to
171 million bits per hour (in numbers: 171,000,000 bits / hour), other
limitations are determined depending on average usage of the server by all
clients on same machine and hence depend. The hourly bandwidth throttling
setting equals to a maximum of 15gb / month in data transfer that a hosted
account can reach. On the new FeaturePanel system you do not have a throttle,
this being the only difference between Plesk and FeaturePanel.
@Macarlo, Inc. does also offer unlimited storage with the Platinum Plan and
5,000 megabytes storage with the PREMIUM PLAN. The intention of @Macarlo, Inc.
is to provide a large space to serve web documents, not an offsite storage area
for electronic files. All your downloadable files or files stored on the server
have to be available for download via a HTML document stored on the Internet in
a publicly or privately accessible area. This policy does ONLY apply to web
sites who are considered to be abusing services - HTTP and disk space
utilization in particular. It is NOT applicable to photo galleries, even if
several hundred megabytes of web space are in use. PHOTO galleries and / or any
kind of presentation web sites are more than welcome to host on @Macarlo, Inc.
and are only bound to above utilization policy. Web sites that are found to
contain either/or no html documents, a large number of unlinked files are
subject to warning, suspension or cancellation at the sole discretion of
@Macarlo, Inc. management. If the amount of web space used is in no relation to
the amount of images hosted (example: your web space usage is 4,000 megabytes,
but your images and HTML pages only amount up to 50 megabytes), then @Macarlo
Networks MAY remove files that cause a HDD fill-up issue at its own
Any customer who violates @Macarlo, Inc.'s policies in abusing any policy
will not necessarily be notified, in rare cases, @Macarlo, Inc. has to
temporarily deactivate and / or turn off hosting accounts without prior
notification and / or reason. If no action takes place on customer side for
initiating reactivation of hosting account and stop abusive usage of service,
hosting account will be terminated permanently without refund.
@Macarlo, Inc. will be the sole arbiter as to what is constituted a
violation of this provision
Commercial advertisements with e-mail unsolicited commercial
advertisements are not allowed in e-mail (commonly known as SPAM or UCE) and
will result in account suspension or cancellation.
Commercial advertisements are un-welcome 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 breach of this ethical policy.
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. Excepted are opt-in mailing
lists where the recipients have explicitly requested to receive advertisements
and have an opt-out option. Proof must be made that recipient has opted-in to
receive advertisements and / or newsletters in case of complaint.
We do allow clients to install their own chat rooms however chat rooms are
subject to utilization policy, hence approval with the @Macarlo, Inc. support
team prior to utilizing the chat software is strongly recommended. Most chat
rooms tend to be large system hogs and we cannot allow it as an account option.
Para chat chat rooms do not apply to this rule. They are perfectly fine to
install. Para chat software chat rooms are available from companies such as www.everyone.net (Plug-In-Community) or www.jpilot.com (remote java chat) and do not
put any system hogs on our servers.
Background Running Programs
We may allow programs to run continually in the background. These are called
croon jobs and are considered on a one-to-one basis and an extra charge will be
incurred based on system resources used and operational maintenance needed, if
applicable. In most cases @Macarlo, Inc. prefers not to impose any extra charges
on the customers.
We currently do not allow IRC or IRC bots to be operated on our servers.
All accounts are set up on an annual pre-pay basis. The work with account
setup and possible domain registration itself is charged $25 setup fee and $25
domain registration (if domain registration is not included free of charge). A
free domain registration is provided with the Premium and Platinum accounts
only. Such domain will be registered with @Macarlo, Inc.'s proprietary bulk
registration system and may or may not show proprietarily contact information.
In any case and in the event customers wish to move their domain name to another
provider, @Macarlo, Inc. will not play a hindering role. Customer is welcome to
request move of domain name registered through @Macarlo, Inc. to another
provider anytime and @Macarlo, Inc. will immediately work on request and
initiate process to remove the domain name from @Macarlo, Inc.'s bulk
registration system. Customer can then register this domain name with any other
provider, as per customer's preference. The Premium and Platinum package include
ANY and ALL fees for the domain name, they do also include the Inter NIC fee for
the one domain registration since it will be paid in full by @Macarlo, Inc..
The Budget and Mini accounts carry a $25 / year Inter NIC domain registration
fee, as mentioned on order form that is utilized to complete an order.
If client is hosting with Premium or Platinum Elite Package, @Macarlo, Inc.
will be paying Inter NIC fees for the time client is hosting with @Macarlo,
Inc.. All pricing is Assuranced for the term of pre-payment. @Macarlo, Inc.
reserves the right to change prices at any time for new
customers only. Existing customers have, as soon as an order is placed, a
price-lock on their account and are Assuranced to ALWAYS receive the same or
lower price than they originally signed-up for. Hence customers will never face
or incur higher or increased charges. Unless other terms have been agreed upon,
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 @Macarlo, Inc. in online writing for a
request for termination of services. All payment is in U.S. currency.
@Macarlo, Inc. reserves the right to cancel service at any time due to policy
violations. If @Macarlo, Inc. institutes it's right of cancellation, no
pro-rated fees will be refunded or credited as policies have been violated. Each
customer is expected to use his/her account for the purpose of maintaining a web
site only, with responsibility and respect toward other Internet users. Common
sense is the best guide as to what is right and wrong, and it's the same guide
we'll use when analyzing an event of bad behavior. @Macarlo Networks has the
right to deny business to a customer, if this customer is being rude to a member
of our staff, attempting to re-open an account after the user's account has been
previously cancelled due to a policy violation, constantly creating problems on
a server, constantly having billing problems (credit card denied way too often,
checks bouncing, etc), demanding or expecting in a rude fashion more than what
our service provides or what we can do ("I want you to install X software for
me. Do it now or else", "I want more email accounts for free. I'm the customer
and you have to satisfy me. So give me the extra email accounts", etc etc).
Always be polite. If customer is not polite, @Macarlo Networks reserves the
right to no longer provide customer with web hosting service. If @Macarlo
Networks decides to stop providing customer service due to any of these reasons,
the account will be terminated immediately. Any violation of policies which
results in extra costs will be billed to the customer (i.e. transfer, space,
server destruction, server damage, devastative behavior, hacking, phreaking,
Customers can cancel service any time once the AUP and Terms of Conditions
are met. To receive a refund or cancel your account we require a copy of the
front and back of the credit card used to order your account and the front of
the drivers license of the card holder, this is for obvious security reasons. If
you do not provide all documents required on the form and letter you fax to us
your refund request will be denied. You can at anytime request again only after
we have replied to your initial request for cancellation or refund.We require to
hear a reason for cancellation. Reason for cancellation is mandatory in order to
receive refund. Since @Macarlo, Inc. operates a limited conditional money-back
Assurance (only for accounts prior to 01/3/2003 have been covered under a
limited conditional 30 day money back gurantee; any account after this date has
been given sufficient use of our TRY BEFORE YOU BUY options, hence no money-back
Assurance is provided as client or potential client "sampled" or was given
opportunity to "sample" and use services and features advertised before
purchase), any given reason may not be classified as sufficient reason for a
refund request. @Macarlo, Inc. will be to sole arbiter as to what is constituted
a sufficient reason for a refund for accounts prior to 01/3/2003. After
01/01/2003 the client has had sufficient use of TRY BEFORE YOU BUY options,
hence client does not have money-back Assurance coverage or offer of such
Assurance. Unsufficient reasons are for example, but not limited to: (1) Client
is not technically fluent enough to maintain a web hosting account. @Macarlo,
Inc. is not responsible to technically educate its customers. (2) Client decides
web hosting services was ordered too early or out of a mood - may it be good or
bad - @Macarlo, Inc. is not responsible for customers' moods and hence a refund
is not applicable in this case. A valid reason for refund would be - but need
not necessarily be (clarification: even if it is a proven technical reason, it
does not necessarily provide a valid reason for refund) - a proven technical
reason of a technical problem and / or issue that @Macarlo, Inc. was either not
willing to solve or cannot solve at this time due to technical, logistical or
administrative reasons. If request for refund comes in, client MUST give
@Macarlo, Inc. a 48 hour grace period to fix technical issue that is basis for
refund request. If then after that time technical problem is not solved, a
30-day money back refund is granted under following criteria: If client is
within his 30-day money back Assurance period, @Macarlo, Inc. will credit 100%
of the pre-paid money minus following handling, initial support, service charges
and setup fees: $20 Mini Accounts (+$25 if domain registration was ordered), $40
Budget Accounts (+$25 if domain registration was ordered), $75 Premium Accounts
(+$25 if domain registration was ordered), $100 Platinum (+$25 if domain
registration was ordered). If client has exceeded 30-day money back Assurance
period, a refund cannot be applied in any case and due to any reason. Refunds
will be honored within three weeks and be credit back to client credit card. It
is the clients responsibility to supply a valid credit card at time of refund
request. Please note that refunds for money wires and / or check orders cannot
be honored as they are not applicable.
Chargeback and Dispute Policy
@Macarlo, Inc. does not allow chargebacks to occur to its merchant accounts
and contracts with VISA / MC International, American Express Bank Ltd. and
Discover Card services. It is not recommended to initiate a chargeback hence
customer agreed to AUP (this document) and Terms&Conditions as outlined in
this document and @Macarlo, Inc. will use this document and customer's agreement
at the time of order to wholeheartedly fight a chargeback and / or dispute. If
customer supplied a valid reason for refund, @Macarlo, Inc. will gladly apply a
refund ONLY if requirements as specified above are met. Any dispute / chargeback
attempts will immediately result in suspension of web hosting account.
Uptime Assurance Coverage & Limitation
@Macarlo, Inc. Assurances service availability of 99.9% of any 12-month
period, the following limitation of coverage applies: Server reboots, scheduled
server maintenance's, CPU / Memory / HDD failures, manual server
misconfigurations are covered; RAID cluster failures, Registry DNS outages or
Registrar DNS failures, Denial of Service attacks, Acts of God, Wars and any
third-party failures are NOT covered. Example of this would be if a person(s)
create attacks or bad programming /scripting that stops or crashes the hosting
machine that your on.
@Macarlo, Inc. reserves the right to refuse service to anyone. Customers may
only use @Macarlo, Inc.'s 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.
@Macarlo, Inc. expressly forbids anyone from using @Macarlo, Inc. servers for
the propagation, distribution, housing, processing, storing, or otherwise
handling in any way lewd, obscene, adult OR pornographic material, or any other
material which we deem to be objectionable, including, but not limited to, again
- pornography, again - adult materials, satanic materials, and any and all
materials of an adult nature. The designation of any materials as such described
above is left entirely to the discretion of @Macarlo, Inc. management.
Customer agrees that it shall defend, indemnify, save and hold @Macarlo, Inc.
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against @Macarlo, Inc., 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 @Macarlo, Inc. against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise
distributed in connection with @Macarlo, Inc.'s servers; (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 @Macarlo, Inc.'s server.
No Waiver. No modification or waiver of any provision of this Contract, any
exhibit or schedule hereto, or any related document, agreement or instrument,
and no consent by a party to any departure therefrom by the other party shall be
effective unless such modification or waiver shall be in writing and signed by a
duly authorized officer or agent of the parties. No act, failure or delay by a
party shall constitute a waiver of any of its rights or remedies. No single or
partial waiver by a party to any provisions of this Agreement shall operate as a
waiver of any other provision, breach, default, right or remedy. No waiver by a
party shall effect its rights to require strict performance of this
Severability. If any portion of this Contract shall be held by a court of
competent jurisdiction to be invalid, void or otherwise unenforceable, the
remaining provisions shall remain enforceable to the fullest extent permitted by
law. Furthermore, to the fullest extent possible, the provisions of this
Contract (including, without limitation, each portion of this Contract
containing any provision held to be invalid, void or otherwise unenforceable,
that is not itself invalid, void or unenforceable) shall be construed so as to
give effect to the intent manifested by the provision held invalid, void or
Confidentiality. Both parties agree to keep the terms of this Agreement
confidential and shall only release the same to their attorneys, advisors and
accountants for business and tax planning purposes and to other parties as
otherwise required by law. All parties agree that they shall not disparage the
other parties hereto.
Attorney's Fees. If any action at law or in equity is brought to enforce or
interpret the terms of this Agreement, the prevailing party shall be entitled to
reasonable attorneys' fees (including paralegal and other paraprofessional
fees), costs, and necessary disbursements in addition to any other relief to
which such party may be entitled.
Multiple Counterparts. This Agreement may be executed in any number of
counterparts each of which shall be deemed an original, but all of which shall
be deemed one and the same instrument. Electronic and/or facsimile transmission
copies of this Agreement shall for all purposes be deemed originals.
Interpretation. Every covenant, term, and provision of this Agreement shall
be construed according to its fair meaning and not strictly for or against any
party, regardless of which party drafted this Agreement.
Headings. Any captions or headings preceding the several paragraphs hereof
are inserted solely for convenience and for reference and shall not constitute a
part of this Agreement, nor shall they affect its meaning, construction, or
Pronouns. Where appropriate herein, the references to the masculine gender
shall include the feminine and neuter, the singular shall include the plural and
the plural the singular, in each case as the context may require.
Governing Law. This Agreement, the rights and obligations of the parties
hereto, and any claims or disputes relating thereto, shall be exclusively
governed by and construed in accordance with the laws of the State of Florida
(without regard to any Florida law which would require the application of the
law of any other state or jurisdiction). Venue for any dispute under this
Agreement shall exclusively be in the state courts of competent jurisdiction
sitting in Lee County, Florida.
Binding Effect; Benefit
Binding Effect; Benefit. This Agreement shall inure to the benefit and be
legally binding upon the parties hereto, their heirs, personal representatives
and assigns, even if it should be judicially declared, at any time for any
reason that this Agreement, or any part hereof, is inapplicable to or is invalid
as to any or all of the parties. The validity or unenforceability of any
provision of this Agreement shall not effect the validity or enforceability of
any remaining provisions.
Entire Agreement. This contract is the entire understanding and agreement of
the parties and shall not be changed orally; however, this Agreement may be
modified, amended, or terminated by the mutual written agreement of the parties.
The contract and AUP shall constitute the entire agreement between the parties
hereto with respect to the purchase of web hosting services, and shall supercede
all prior agreements, understandings, warranties, representations and
negotiations of any party herein, whether written or oral, concerning the
subject matter hereof.
@Macarlo, Inc. will not be responsible for any damages your business may
suffer. @Macarlo, Inc. makes no warranties of any kind, expressed or implied for
services we provide. @Macarlo, Inc. disclaims any warranty or merchantability or
fitness for a particular purpose. The includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any and all service interruptions
caused by @Macarlo, Inc. and its employees. @Macarlo, Inc. reserves the right to
revise its policies at any time without prior notification.
All Sub-Networks, resellers, clients, customers and dedicated servers of
@Macarlo, Inc. and / or @Macarlo Networks, Incorporated must adhere to the above
Failure to follow any term or condition will be grounds for immediate account
within the @Macarlo Networks family: Privacy
Copyright © 1997-2003 @Macarlo, Inc. / @Macarlo Networks, Incorporated, All