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Acceptable Use Policy and Service Level Agreement

This Meridian Tech Group Inc. Acceptable Use Policy ("AUP") describe the proper kinds of conduct and prohibited uses of Meridian Tech Group Inc.'s hosting services (the "Services"). This AUP is not exhaustive and Meridian Tech Group Inc. reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at meridiantechgroup.com. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as Meridian Tech Group Inc. deems appropriate.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of Meridian Tech Group Inc. is strictly prohibited.

Unauthorized use of other people's accounts or computers Meridian Tech Group 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 Meridian Tech Group Inc. customer, whether or not the attacked account or computer belongs to Meridian Tech Group 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.

IMPORTANT NOTE
- Meridian Tech Group Inc. has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. No files located on the offending account will be retrievable

Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing's, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Meridian Tech Group Inc. to be unacceptable use of Meridian Tech Group Inc.'s services including abuse of server resources.

All hosting accounts may be terminated that include the following content or which have links to the following content:

  • Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
  • Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
  • Displaying material that exploits children under 18 years of age.
  • Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Bandwidth Traffic
Each plan with Meridian Tech Group Inc. comes with a pre determined bandwidth usage amount. In the event that your account exceeds the bandwidth limitations included with your account you will be billed at the amount specified in the account details

You will receive a notice on Tuesday morning detailing your bandwidth usage.

You will have 7 days to visit your control panel to pay for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice.

CGI Scripts

Each shared Unix web hosting account comes with its own cgi-bin, in which you are free to use any* CGI scripts you wish. All CGI scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared Windows 2000 web hosting accounts are subject to approval by our NT Administrators.
*See the Server Resource Abuse section.

Chat Rooms
We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the Meridian Tech Group Inc. Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

Abuse of SMTP Mail Server
We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact admin@ihservers.com to have your domain moved.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (this section does not apply to managed dedicated servers)

IRC

We currently do not allow IRC IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.

Excessive Use/Overages

You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, Meridian Tech Group Inc. may, in its sole discretion, assess you with additional charges. If Meridian Tech Group Inc. elects to take any corrective action, Meridian Tech Group Inc. will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth overages are currently billed at $2.50/GB/month. Disk space overages are currently billed at $.10/MB/month disk space. Email attachments overages are currently billed at $.10 per email over 10MB.

Intellectual Property Rights

Material accessible to you through Meridian Tech Group Inc.'s services may be subject to protection under the United States, Canada, or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Meridian Tech Group Inc. or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Meridian Tech Group Inc. network. If you use a domain name in connection with Meridian Tech Group Inc. or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the Meridian Tech Group Inc. network with an attempt to circumvent user authentication or security of any host, network, or account. 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. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Meridian Tech Group Inc. 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 criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, Meridian Tech Group Inc. will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Meridian Tech Group Inc. or any of its other customers.

Electronic Commerce

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static / Dynamic Content Caching

You expressly (i) grant to Meridian Tech Group Inc. a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Meridian Tech Group Inc. under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership and Usage

Meridian Tech Group Inc. shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Meridian Tech Group Inc. and Meridian Tech Group Inc. reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

IP Address usage must be justifiable, as per ARIN guidelines. Justifiable uses are listed below
SSL Encryption - Service Domain - Virtual FTP server - Anonymous FTP server.

Copyright Infringement

DIGITAL MILLENNIUM COPYRIGHT ACT

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Interactive-Hosting system or Web site should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING Meridian Tech Group Inc. THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Written notification must be submitted to the following Designated Agent:

Meridian Tech Group Inc.
cc:Copyright
7635 Hull Street Rd
Suite 201
Richmond, Virginia 23235
copyright@meridiantechgroup.com

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
3. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
4. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
5. Statement that the complaining party has "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law."
6. Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Lawful Purpose
Meridian Tech Group Inc. reserves the right to refuse service to anyone. Customers may only use Meridian Tech Group Inc. servers for lawful purpose. Transmission of any material in violation of any Federal, State, Provincial 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 Meridian Tech Group Inc. management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Your City, Your State, and any dispute will be litigated or arbitrated in Your City, Your State. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Shelburne County Courts. IN NO EVENT SHALL Meridian Tech Group Inc.'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Meridian Tech Group Inc. HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Meridian Tech Group 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 Meridian Tech Group Inc. AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Meridian Tech Group Inc.'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 Meridian Tech Group Inc.'S SERVER.

Disclaimer

Meridian Tech Group Inc. WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Meridian Tech Group Inc. MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Meridian Tech Group Inc. 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 Meridian Tech Group Inc. AND ITS EMPLOYEES. Meridian Tech Group Inc. RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
THREATS/ABUSE AGAINST THE NAME, SERVERS, AND ALL THEREIN, OF Meridian Tech Group Inc. SHALL BE DEALT WITH TO THE FULL EXTENT OF THE LAW, THIS INCLUDES PACKAGE CLONING, NAME CLONING, WRONGFUL SUGGESTED AFFILIATION, MISLEADING MENTION OF AFFILIATION, IMAGE CLONING/STEALING, HTML CODE CLONING/STEALING.
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Service level agreement

99% Uptime Guarantee
(1.) Coverage
This 99% uptime guarantee applies to any Meridian Tech Group Inc. client in good financial standing with Meridian Tech Group Inc. at the time of a service outage.

(2.) Service Level Agreement & Specifications
Meridian Tech Group Inc. endeavors to have the content of your web site available for http access by any party in the world 99% of the time. Network downtime (unavailability) is defined as 100% packet loss from Meridian Tech Group Inc. to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Meridian Tech Group Inc.'s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Meridian Tech Group Inc. NOC. Meridian Tech Group Inc.'s administrators will determine the end of the downtime by a trace-route to the customer's machine from outside the Meridian Tech Group Inc. network.

(3.) Credits
a. customer accounts - In the event that your web site is not available for more than 99%, Meridian Tech Group Inc. will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.
Monthly Uptime Credit
95% to 99% 10%
90% to 94.9% 20%
89.9% or below 50%

b. Dedicated Servers - For managed dedicated server customers if the uptime is between 98.9% and 99.9% for any particular month the credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for managed dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed twenty-five percent (25%) of the monthly service charge for the affected month.
Minutes of continuous downtime Credit
60 10%
5+ 60 minute intervals 25%
In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by submitting a request to accounting, at billing@meridiantechgroup.com . For security, the body of this message must contain your domain name, the dates and times of the unavailability of your website, and such other customer identification requested by Meridian Tech Group Inc.. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

(4.) Restrictions
Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at Meridian Tech Group Inc., (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond Meridian Tech Group Inc.'s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in Meridian Tech Group Inc.'s "AUP" conditions causing a machine to fail as a result.

 

 
 
7635 Hull Street Road - Suite 204 - Richmond , Virginia - 23235
Toll Free: 866-881-0621- Fax: 888-881-0523
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