Mandlnet - Terms and Conditions Of Service

Mandlnet ("The Company") agrees to furnish services to the Subscriber ("User", "Customer"), subject to the following Terms and Conditions of Servive (TOS).

All payments are non-refundable.

Use of our service constitutes acceptance and agreement to these conditions and our acceptable use policy.

Disclosure to Law Enforcement: Mandlnet prohibits the use or our service for illegal activities (UK law applies). Therefore, the Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement official who makes a written request, without further consent or notification to the Subscriber. In addition the Company shall have the right to terminate all service set forth in this agreement.

Service Rates: The Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Subscriber. The Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time but not without a minimum of 30 days notice.

Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Service Interruption: The Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. The Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

SPAM and Unsolicited Commercial Email (UCE): Mandlnet takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Mandlnet may not use or permit others to use our network to transact in UCE. Customers of Mandlnet may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

Violation of Mandlnet's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Mandlnet will initiate an immediate investigation (within 48 hours of notification). During the investigation, Mandlnet may restrict Subscriber access to the network to prevent further violations. If a Subscriber is found to be in violation of our SPAM policy, Mandlnet may, at its sole discretion, restrict, suspend or terminate Subscriber's account. Further, Mandlnet reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Mandlnet will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of £250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of £500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed £175 per hour that Mandlnet's personnel must spend to investigate the matter. In short, DO NOT SPAM from your account.
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately terminated.

Bandwidth and Disk Usage: Subscriber agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by the Subscriber. Mandlnet will monitor Subscriber's bandwidth and disk usage. Mandlnet shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is at Mandlnet's sole and absolute discretion. If Mandlnet takes any corrective action under this section, the Subscriber shall not be entitled to a refund of any fees paid in advance prior to such action.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the Mandlnet Network. Violations of system or network security may result in civil or criminal liability. Mandlnet will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation:

First violation: Any User, which Mandlnet determines to have violated any element of this policy, shall receive an email, warning them of the violation. The service may be subject at Mandlnet's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that Mandlnet determines to have committed a second violation of any element of this policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Mandlnet reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Mandlnet must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions of service. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: Mandlnet wishes to emphasize that in agreeing to the Mandlnet Terms and Conditions of Service, customer indemnifies Mandlnet for any violation of the Terms and Conditions of Service that results in loss to Mandlnet or the bringing of any claim against Mandlnet by any third-party. This means that if Mandlnet is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Mandlnet, plus all costs.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

Mandlnet is not responsible for any damages your business may suffer. Mandlnet does not make implied or written warranties for any of our services. Mandlnet denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Mandlnet.
Mandlnet takes no responsibility for any material input by others and not posted to the Mandlnet Network by Mandlnet. Mandlnet is not responsible for the content of any other websites linked to the Mandlnet Network; links are provided as Internet navigation tools only. Mandlnet disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
It is absolutely forbidden to host pornographic content or IRC servers.

Responsibility for Content: You, as Mandlnet's customer, are solely responsible for the content stored on and served by your Mandlnet server.

Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.