These Terms of Use constitute a binding agreement between you, the customer or end user, and Microthought Network with respect to your use of the services provided by Microthought Network.
All users of Microthought Network's services, and all customers upon signing up for Microthought Network's services, agree to comply with Microthought Network's Terms of Use . The spirit of the terms of use is to ensure customers are using Microthought Network's services with due regard to the rights of other Internet users and in conformity with the requirements of Microthought Network's network environment. Microthought Network reserves the right to add, delete, or modify any provision of its Terms of Service at any time without notice, effective upon either the posting of the modified Terms of Service to www.microthought.com or notification via email to our customers.
Web Hosting -Server Resources
Any website 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. Microthought Network will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting and Ecommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to our customers.
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. We do not permit CGI script sharing with domains not hosted by Microthought Network.
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
Ownership of website
The legal owner of customers' websites and accounts with Hostway will be the individual or organization whose name is listed in Microthought Network's database as the owner. Customers will fully cooperate with and abide by any and all of our security measures and procedures in the event of any dispute over ownership of customers' websites and accounts with us.
Illegal Use
Microthought Network servers and services 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, or that may directly facilitate the violation of any particular 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. Additionally, in purchasing our services, all customers certify that they and/or the organization they represent in procuring services from Hostway are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of Microthought Network services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use our services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a customer (per the DMCA) must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at our sole discretion.
DMCA Copyright Infringement Notification Requirements:
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Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
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Identification of the copyrighted work(s) claimed to have been infringed.
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Identification of the material claimed to infringe the copyright(s), and enough information for Hostway to locate it including URLs and specific descriptions of the infringing material at each URL.
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The Claimant's name, address, and telephone number(s).
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A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
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A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
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notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Hostway will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
Child Pornography
The use of Microthought Network'ss services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Microthought Network is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services. Microthought Network does not host adult sites.
Customer Responsibility
Customers are required to use the Microthought Network responsibly. This includes respecting our other customers.We reserve the right to suspend and/or cancel service with any customer who uses the network in such a way that adversely affects other customers.
Microthought Network customers agree to protect, defend, hold harmless, and indemnify Microthought Network, any third party entity related to Microthought Network (including, without limitation, third party vendors), and Microthought Network's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of our services.
Disclaimer
The Microthought Network 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. Microthought Network expressly disclaims any representation or warranty that the Microthought Network service will be error-free, secure or uninterrupted. No oral advice or written information given by Microthought Network, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Microthought Network 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.
Minimum Age Requirement
Microthought Network customers must be at least 18 years of age. .