As an Internet service provider ("ISP"), we offer our customers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information.  We also want our customers to be fully informed of their rights and obligations -- and ours -- in connection with their use of the Internet.  This Network Access Policy, which supplements and explains certain terms of each customer's respective ISP usage agreement, is intended as a plain English guide to those rights and obligations.

The fundamental fact about the Internet is that no one --neither us, nor anyone else -- owns or controls it.  This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others.  When customers obtain information through the Internet, they must keep in mind that we cannot monitor, verify, warrant or vouch for the accuracy and quality of the information that customers may acquire.  For this reason, the customer must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive.  Because we cannot monitor and censor the Internet, and will not attempt to do so, we cannot accept any responsibility for injury to our customers that results from inaccurate, unsuitable or offensive Internet communications.

When customers disseminate information through the Internet, they also must keep in mind that we do not review, edit, censor or take responsibility for any information our customers may create.  This places on customers what will be, for most, an unfamiliar responsibility.  When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech.  Also, because the information they create is carried over our facilities and may reach a large number of people, including both customers and non customers of ours, customers' postings to the Internet may affect other customers and may harm our goodwill, business reputation and operations.  For these reasons, customers violate our policy when they, their affiliates or subsidiaries engage in the following activities:

Spamming -- Unsolicited, commercial mass e-mailing (known as "spamming") is a strongly disfavored practice among Internet users and service providers.  SPAMMING, in case you do not know, is the practice of sending unsolicited E-mails to people who do not want to receive them!   This is an illegal practice according to Federal Law, it is now a Federal Crime and enormous fines are being given!  It is particularly harmful not only because of its negative impact on consumer attitudes toward us, but also because it can overload our equipment and disrupt service to our customers.  Miriah System does not tolerate SPAM.  You can be assured that if you SPAM and cause any of our servers to be shut down, we and others will take action against you to the fullest extent of the law and we will file legal charges against you at a minimum of $1500 each day our hosting site is down!   Your account will also be terminated and a letter sent to your legal address, from our attorney, in regards to fines and legal action.  We maintain our hosting sites on a very expensive host server to ensure our sites are always available.  Therefore, we consider anyone who spams a threat to our hosting site's existence and will do all we can to ensure it does not happen.  Web sites eliminated are irreversible and are done so at our sole discretion!  We take our spam policies very seriously and report all abuse to www.spamcop.net.

Copyright Violation -- Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer, and can involve the ISP in litigation and possible loss of reputation.

Distribution and/or Transmission of "Adult", Obscene or Indecent Speech or Materials -- Violation of indecency and obscenity laws can result in criminal penalties.  You are expressly forbidden of using our hosting service for "adult", obscene, indecent speech, or indecent material services.  The definition of what constitutes "adult", obscene, or indecent material is entirely at our discretion and is not subject to debate.  If we deem your site is hosting "adult", obscene, or indecent material, your site will be immediately shut down and you will not receive a refund for unused service time.

Defamation -- Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the ISP whose facilities were used to distribute the defamatory material.

Illegal/Unauthorized Access to Other Computers or Networks -- The illegal or unauthorized accessing (often known as "hacking") of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states.

Distribution of Internet Viruses, Worms, Spyware, Trojan Horses and Other Destructive Activities -- Distribution of Internet viruses, worms, Spyware, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law.

Export Control Violations -- The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States.

Downloading -- It is not permitted to have any commercially available software, fixes, patches or electronic media for download from your site.  In plain English - no download sites.

Licensing Agreements --  Your site must not be in violation of any licensing agreements currently in place.

Other Activities -- whether lawful or unlawful, that we determine to be harmful to our customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer.  We will not, as an ordinary practice, monitor the communications of our customers to ensure that they comply with our policy or applicable law.  When we become aware of harmful communications, however, we may take any of a variety of actions.  We may remove information that violates our policies, implement screening software designed to block offending transmissions, or take any other action we deem appropriate, including termination of a customer's contract with us.

We also are aware that many of our customers are, themselves, providers of Internet services, and that information reaching our facilities from those customers may have been originated by customers of those customers or other third parties.  We do not require our customers who offer Internet services to monitor or censor transmissions created by customers of its customers.  At the same time, customers who knowingly transmit materials that violate law or our policy are, themselves, in violation of our policy.  Similarly, we anticipate that customers who offer Internet services will cooperate with us in any corrective action that we deem necessary, in order to correct and prevent the transmission of material that is harmful to us or our customers.  Failure to cooperate with such corrective and preventive measures is a violation of our policy.

We also are concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised.  As a matter of prudence, however, we urge our customers to assume that all of their on-line communications are insecure.

We can not take any responsibility for the security of communications transmitted over our facilities.  We will comply fully, however, with all applicable laws concerning the privacy of our customers' on-line communications.  In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our customers unless required to do so by law.  We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily.  Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests.  Finally, we may disclose information transmitted over our facilities where necessary to protect us and our customers from harm, or where such disclosure is necessary to the proper operation of the system.

We are not responsible for loss of customer content due to server or hardware failure.  We do, however, backup our systems daily, but cannot guarantee the content is up-to-date.  It is the customer's responsibility to have a full backup of their site.

We expect that our customers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications.  A customer's failure to comply with those laws will violate our policy.  Finally, we wish to emphasize that customers subscribing to our ISP service, indemnify us for any legal violation of law or corporate policies, that results in loss to us or the bringing of any claim against us.  This means that if we are sued because of activities by you (our ISP customer) that violate any law, or non adherence to our policies, you (our ISP customer) will pay any damages awarded against us, plus costs and reasonable attorneys' fees.

We reserve the right to permanently discontinue service without refund at any time, without notice, should you be found in violation of the terms and conditions herein.  We reserve the right to arbitrarily not host any website we deem not suitable in content as described herein.  Inclusion of a web site on our hosting server does not constitute or imply endorsement by Miriah Systems

We hope this Policy Statement is helpful in clarifying the obligations of Internet users, including us and our ISP customers, as responsible members of the Internet.

All contents on the web pages throughout this website is the property of Miriah Systems and is protected by U.S. and International copyright laws.  The contents of this site is provided solely for the purpose of web page design and web page hosting; any other use, including the reproduction, copying, downloading, distribution, transmission, republication or display of the content of this site is strictly prohibited.  This site is provided by Miriah Systems on an "as is" basis and Miriah Systems makes no warranties or representations of any kind, express or implied, as to the operation, content, material, and/or information included on this site.  To the full extent provided by law Miriah Systems disclaims all warranties, express or implied, as to the fitness of information on this site for a particular purpose and will not be liable for damages of any kind arising from the use of this site, including direct, indirect, incidental, punitive, and/or consequential damages for more than $100 or payment received (whichever is larger).  This website is created and controlled by Miriah Systems in the State of Wisconsin, USA; the laws of the State of Wisconsin will thereby govern the disclaimers outlined herein.  Miriah Systems retains the right to make changes to anything on this site, including all terms and condition, at any time without notice.

Complaints about violators of our policies should be referred to policyviolation@web48.com.  Each complaint will be investigated.

Illegal Use
Our hosting servers may be used for lawful purposes only.  Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited.  This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.  Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Adult Content
Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited.  This includes sites that may infer sexual content or provide links to adult content elsewhere.  This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Security
Violations of system or network security are prohibited and may result in criminal and civil liability.  Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Miriah Systems hosting shall be the sole arbiter of what is considered to be a high server usage level.  All shared web hosting accounts come with a file limit of 2,000 files per account.  This can be expanded to over 20,000 files but will incur additional charges.  Contact us for pricing.  Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

CGI Scripts
CGI script sharing with domains not hosted by  Miriah System Inc. hosting is not permitted.  Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Chat Rooms
Miriah System Inc. hosting does not allow customers to install their own chat rooms.  Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option.  However, Miriah System inc. hosting does provides Java chat rooms that meet most users' needs and run without hindering system performance.

Background Running Programs and Cron Jobs
Miriah Systems hosting may allow programs to run in the background.  These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed.  If you wish to run background programs please contact Miriah Systems hosting at support@web48.com so that we can arrange set-up.

IRC
Miriah Systems hosting does not allow IRC or IRC bots to be operated on our servers.

UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email from or through a Miriah Systems hosting server or using an email address that is maintained on a Miriah Systems hosting machine is STRICTLY prohibited.  Miriah Systems hosting will be the sole arbiter as to what constitutes a violation of this provision.  Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but channel activities through a Miriah Systems hosting server as a mail drop for responses.  Violators may be assessed a  fine and will face immediate suspension.

Server Abuse
Any attempts to undermine or cause harm to a Miriah Systems hosting server or customer are strictly prohibited.

Software Distribution
Miriah Systems hosting accounts are not configured for the purposes of distributing software and/or multimedia products.

Multimedia Files
Multimedia files are defined as any graphics, audio, and video files.  Miriah Systems hosting shared web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files.  Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Databases
Any database stored on Miriah Systems hosting servers shall be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.

Actions Taken by Miriah Systems hosting
When Miriah Systems hosting becomes aware of an alleged violation of its Terms of Use, Miriah Systems hosting will initiate an investigation.  During the investigation, Miriah Systems hosting may restrict a customer's access in order to prevent further potentially unauthorized activity.  Depending on the severity of the violation, Miriah Systems hosting may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies.  If such violation is a criminal offense, Miriah Systems hosting will notify the appropriate law enforcement authorities of such violation.

Miriah Systems hosting does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.

Miriah Systems hosting customers agree to indemnify and hold harmless Miriah Systems hosting from any claims resulting from the use of our services that damages them or any other party.  The Miriah Systems hosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.  Miriah Systems hosting expressly disclaims any representation or warranty that the Miriah Systems hosting service will be error-free, secure or uninterrupted.  No oral advice or written information given by Miriah Systems hosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice.   Miriah Systems hosting and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. 

The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation.  Miriah Systems hosting will be the sole arbiter as to what constitutes a violation of the Terms of Use.  Miriah Systems hosting reserves the right to remove any account without prior notice.

Modification
Miriah Systems hosting reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice.

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