Domain Name Ownership:
The Customer shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for transferring the name. The Customer shall make payment directly to the issuer. Under no circumstances shall m80.Net be responsible for this cost.
Bulk E-Mail and Spamming:
It shall not be permissible for the Customer to engage in any bulk E-mailing or use of mail servers or mail relays (commonly referred to as "SPAMMING"). In the event that the Customer engages in such activity, m80.Net may elect to immediately terminate the Customer at its sole discretion without prior notice to the Customer. In the event that m80.Net terminates the Customer due to this provision, the Customer shall not be entitled to a refund. Forwarding 25 unsolicited pieces of mail within a 24 hour period shall be considered "spamming". The Customer shall be liable for any and all damages caused as a result of the Customer's failure to comply with this provision.
E-Mail Filtering:
As spam has become a major problem for many email users, we have been forced to implement anti-spam policies on our POP3 mail server that services m80.Net email users.
We reject incoming email under the following conditions:
- Incoming email is rejected if the email sender's server is a known source of spam.
- Incoming email is rejected if the email sender's server does not have a Reverse DNS entry (also called a PTR record). A large percentage of spam originates from sources that are not legitimate email servers. Legitimate email servers will have a FQDN (Fully Qualified Domain Name) and as such will also have a Reverse DNS entry that matches their FQDN. In rare cases, a company will not have their DNS or their email server configured properly and email from them will be rejected until they correct the name of their server and/or correct the reverse DNS entry.
- Incoming email is rejected if the message contains an executable program and/or an executable script (almost always a virus). If someone needs to email you an executable, they need to place the executable inside a zip file and email you the zip file.
- Incoming email is rejected if the email sender's server has attempted to send too much email to non-existent mailboxes (trolling for deliverable mailboxes).
M80.Net reserves the right to implement additional steps as necessary to reduce or eliminate threats from unsolicited SPAM, Spyware, Malware, Email attachments containing viruses, and another future email threats.
Termination:
Either party may terminate this Agreement without cause upon 30 days written notice to the other party. E-Mail shall be deemed adequate notice by either party. Nothing in this paragraph however shall limit m80.Net's right to terminate the Customer immediately and without prior notice for improper use and violations as set forth herein. In the event that m80.Net elects to terminate the Customer as a result of its improper acts and breach of the terms and conditions contained herein, the Customer shall not be entitled to a refund of the balance. In no event shall the Customer be entitled to a refund of the setup fee. In the event the Customer elects to terminate this Agreement, same shall be considered a breach and the Customer shall not be entitled to any refund. In the event that m80.Net elects to terminate the Customer without cause, the Customer shall receive a full refund of any balance. However, if the Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be no refund of the Setup Fee or any remaining balance.
Liability:
The Customer agrees that m80.Net shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.
The Customer further agrees that m80.Net shall not be liable for any damages or losses sustained by the Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.
The Customer agrees that it shall not hold m80.Net liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
The Customer agrees that they are fully responsible for any and all toll charges incurred in the use of m80.Net services. The customer may need to dial 1+(Area Code) due to new zoning codes, even though the call would still be local. The customer agrees that they shall contact their local telephone operator to verify the numbers that they intend to use are indeed a local toll free call. From time to time, the local phone company may change the local calling area. It is the customers responsibility to determine if and when this happens. M80.net is not responsible for any telephone charges, toll charges, or usages charges incurred by the customer.
In no event shall m80.Net's liability exceed the total value paid to m80.Net by the Customer.
Copyright and Intellectual Property:
Using m80.Net services to engage in illegal distribution of copyrighted material is prohibited. Users are expected to comply with all state and federal laws regarding distribution of copyrighted material.
The email addresses of m80.Net subscribers are not for sale or commercial distribution to third parties without the written permission of the subscriber.
Representation and/or Warranties:
m80.Net makes no representations and cannot guarantee that the Customer' domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. The Customer shall not hold m80.Net liable for any damages, injuries or losses incurred by the Customer as a result of any action instituted by a third party.
Security:
The Customer understands that the Internet and other various networking are not secure, unless explicitly specified as such. m80.Net makes no warranties of any kind, either express or implied. In no event shall m80.Net be liable for any damages or losses, either consequential, indirect, special or incidental incurred by the Customer.
Any Customer that willingly participates in "denial of service" attacks, any attempt to breach authentication or security measures, or any unauthorized attempt to gain access to any other account, host or network is prohibited, and will result in immediate service termination, which may be without notice.
Any use of WinNukeTM or any other program to deny a user of their service is strictly prohibited.
Integrity of Information:
The Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.
False Identity and Forgery:
Falsifying addressing information or otherwise modifying headers to conceal the sender's or recipient's identity, for the purpose of circumventing this Policy, is prohibited.This provision is not intended to disallow the use of aliases or anonymous remailers for any legitimate purpose.
Account Security:
The Customer shall be solely responsible for protecting the security of its Internet account and usage. The Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. m80.Net shall not be liable for any breach of security caused by the Customer or third parties. m80.Net will use its best efforts to maintain the integrity and security of the Customer's password.
Cooperation with Other Providers & Companies:
Using m80.Nets facilities to engage in activities that violate the Terms of Service of any other network access provider is prohibited.
Legal Action:
The Customer agrees to indemnify and hold m80.Net harmless in any legal action which arises as a result of the Customer's use of m80.Net's services, without limitation or exception including, but not limited to any action brought against the Customer by a third party.
Headings:
Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.
Modification:
The terms and conditions of this Agreement may be modified at the discretion of m80.Net at any time, without Notice to the Customer, but will be posted on this web page.
Entire Agreement:
This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.
Failure to properly notify m80.Net via e-mail, telephone or regular mail of your disagreement with the above terms and conditions will constitute the Customer's acceptance of the agreement.
Purpose:
The purpose of this policy is to help maximize the resources of m80.Net so that we may serve the needs of our customers.