Hosting Terms & Conditions - Mobile Tech Support

Last Modified April 11, 2012

As a provider of web site hosting, and other Internet-related services, Mobile Tech Support, Inc. offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Mobile Tech Support, Inc. respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Mobile Tech Support, Inc. reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Mobile Tech Support, Inc. has developed an Acceptable Use Policy (AUP), which supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations when utilizing Mobile Tech Support, Inc’s services. This AUP will be revised from time to time. A customer’s use of Mobile Tech Support, Inc’s services after changes to the AUP are posted on Mobile Tech Support, Inc’s web site, www.mobiletechsupport.com, will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes. If you do not agree to these terms and conditions, please notify our Billing Department at 623-937-8555 so we can initiate a closure of your account.

One important aspect of the Internet is that no one party 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 subscribers obtain information through the Internet, they must keep in mind that Mobile Tech Support, Inc. cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber 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 Mobile Tech Support, Inc. cannot monitor or censor the Internet, and will not attempt to do so, Mobile Tech Support, Inc. cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that Mobile Tech Support, Inc. does not review, edit, censor, or take responsibility for any information its subscribers may create. 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 Mobile Tech Support, Inc’s network and may reach a large number of people, including both subscribers and nonsubscribers of Mobile Tech Support, Inc, subscribers’ postings to the Internet may affect other subscribers and may harm Mobile Tech Support, Inc’s goodwill, business reputation, and operations. For these reasons, subscribers violate Mobile Tech Support, Inc. policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming — A message or email is unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not invited or requested such message or email. You may not send unsolicited commercial email to any account that has not specifically requested such unsolicited information or email that causes complaints from the recipients of such email. You may not flood or “spam” newsgroups with unsolicited commercial or non-commercial postings. You may not utilize the Service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited message to 10 or more recipients or eight or more newsgroups in a single day. If you violate this clause, you will be fined $300 per message, payment of which by you pursuant to this provision shall not prevent Mobile Tech Support, Inc. from seeking other legal remedies against you. Unauthorized use of Mobile Tech Support, Inc’s network in connection with the transmission of unsolicited bulk email, including the transmission of counterfeit email, may result in civil and criminal penalties against the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.); the Virginia Computer Crimes Act (Va. Code Ann. § 18.2-152.2 et seq.) (amended, effective July 1, 1999); the Washington Commercial Electronic Mail Act ( Wash. Rev. Code Chapter 19.190 et seq.); and other state and federal laws.

You may not continue to send email using the Services to a recipient if the recipient has requested of you that you discontinue such communication.

You may not engage in the transmission of email that is potentially harassing, libelous, defamatory, legally obscene, threatening, abusive or hateful to non-consenting recipients or in the forwarding or propagation of chain letters of any type or in the practice of “mailbombing,” which is defined as flooding a user or site with a large email or numerous emails.

You may not forge header information.

Intellectual Property Violations — If Mobile Tech Support, Inc. becomes aware of material that could be infringing on a third party’s copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer’s materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, Mobile Tech Support, Inc, at its discretion, may, at any time deny access to the challenged material of Customer.

Obscene Speech or Materials — Using Mobile Tech Support, Inc’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Mobile Tech Support, Inc. is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Mobile Tech Support, Inc’s network.

Defamatory or Abusive Language — Using Mobile Tech Support, Inc’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language is prohibited.

Forging of Headers — Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is prohibited.

Illegal or Unauthorized Access to Other Computers or Networks — Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”) is prohibited. Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity) is prohibited.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities — Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks is prohibited. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP –– Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software is prohibited.

Export Control Violations — Exporting encryption software over the Internet or otherwise, to points outside the United States is prohibited.

Usenet Groups — Mobile Tech Support, Inc. reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities — Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software is prohibited.

Other Activities — Engaging in activities, whether lawful or unlawful, that Mobile Tech Support, Inc. determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations is prohibited.

Users may not:

Run any process that requires more than 16Mb of memory space.
Run any program that requires more than 15 CPU seconds.
Use any ssh, telnet or similar to access a “shell” account on our server.
Send out mail to more than 50 addresses in one batch, whether sequentially or in parallel. (This is in regards to solicited messages, for SPAM see above) Such batches must “sleep” for at least 30 minutes between each delivery attempt. Users responsible for violating this clause of the Mobile Tech Support, Inc. Acceptable Use Policy will be fined $300 per message. Payment by user under this provision shall not prevent Mobile Tech Support, Inc. from seeking other legal remedies against the user.
Send or receive, through mail, any file larger than 20,000Kb. This limit, or a similar limit, may be enforced in our software.
Run their own mailing list software.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Mobile Tech Support, Inc. will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Mobile Tech Support, Inc. policy or applicable law. When Mobile Tech Support, Inc. becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Mobile Tech Support, Inc. reserves the right to refuse or discontinue service to anyone at Mobile Tech Support, Inc’ sole discretion. Mobile Tech Support, Inc. may deny you access to all or part of the service without notice if you engage in any conduct or activities that Mobile Tech Support, Inc. in its sole discretion believes violates any of the terms and conditions in this agreement. In instances in which an excessive amount of system resources are utilized by a subscriber, Mobile Tech Support, Inc. reserves the right to place CPU process limits on the Customer’s account to prevent disruption of service to other customers. Mobile Tech Support, Inc. shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Mobile Tech Support, Inc. has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Mobile Tech Support, Inc. reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

Digital Millennium Act of 1998 Notice and Designation of Agent for Copyright Infringement Notification

Mobile Tech Support, Inc. is registered with the United States Copyright Office pursuant to the Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement by a Mobile Tech Support, Inc. customer (“the Customer”), you (“the Complaining Party”) must first provide Mobile Tech Support, Inc’s Copyright Agent with the following information in writing (“the Notification”):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed.
A description of the copyrighted work that you claim has been infringed; if multiple copyrighted works at a single site are covered by a single notification, then include a representative list of such works at that site.
A description of where the material that you claim is infringing is located on the site sufficient to permit us to locate the allegedly infringing material.
Your address, telephone number, and email address.
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please note that the Complaining Party will be liable for damages (including costs and attorneys’ fees) if the Complaining Party materially misrepresents that a product or activity is infringing copyrights. Accordingly, if the Complaining Party is not sure whether certain material is protected by copyright laws, we suggest that Complainant first contact an attorney.

Mobile Tech Support, Inc’s Copyright Agent for Notice of claims of copyright infringement on its site is Tom Cusack, who can be reached as follows:

By mail:

Tom Cusack
Mobile Tech Support, Inc.
P.O. Box 996
Peoria, AZ 85380-0996
copyright@mobiletechsupport.com

Upon receipt of the written Notification containing the above information by the Complaining Party, and only upon receiving such Notification, Mobile Tech Support, Inc. will:

Investigate. If appropriate, we will remove or disable access to the alleged infringing material and will attempt to notify the entity that submitted the material (Remove or disable access to the material that is alleged to be infringing).
Forward the written notification to the alleged infringer (“the Customer”).
Take reasonable steps to promptly notify the Customer that it has removed or disabled access to the material.

In response, the Customer may send a “Counter-Notification” to Mobile Tech Support, Inc. When filing a counter notification with us, Respondent must provide a written communication that sets forth the items specified below. A sample counter notification is located at the Chilling Effects Clearinghouse (http://www.chillingeffects.org/dmca/counter512.pdf). Please note that Respondent will be liable for damages (including costs and attorneys’ fees) if Respondent materially misrepresents that a product or activity is not infringing the copyrights of others. Accordingly, if Respondent are not sure whether certain material infringes the copyrights of others, we strongly suggest that Respondent first contact an attorney. To be effective, the Counter-Notification must be in writing and include the following information:

The Customer’s physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled as a result of a mistake or mis-identification of the material to be removed or disabled.
The Customer’s name, address, and telephone number, and a statement that the Customer consents to the jurisdiction of the Federal District Court in which the address is located, or if the Customer is outside the United States, for any judicial district in which Mobile Tech Support, Inc. may be found, and that the Customer will accept service of process from the person or his agent who provided the original Notification.

Upon receipt of the written Counter-Notification containing the above information by the Customer, and only upon receiving such Counter-Notification, Mobile Tech Support, Inc. will:

Provide the Complaining Party with a copy of the Counter-Notification.
Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days.
Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Mobile Tech Support, Inc’s Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Customer from engaging in infringing activity relating to the material referenced in the Notification.

Summary of Digital Millennium Act From the Copyright Office http://www.loc.gov/copyright/legislation/dmca.pdf

Your use of the service is at your sole risk. Mobile Tech Support, Inc. is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Mobile Tech Support, Inc. servers.

Mobile Tech Support, Inc. reserves the right to filter email messages for SPAM content and / or viruses. Any messages that are determined to contain a possible virus will be deleted. We may notify the sender & recipient of any virus activity and any details that may be helpful in locating the source of the virus infection (such as email headers). We reserve the right to block known SPAMMER IP addresses or domains to reduce the amount of SPAM and or virus email received. If we employ this ability, we reserve the right to subscribe to a service that tracks known SPAMMERS and block those respective IP addresses. If you own a domain that falls within this block, please correct the situation that placed you on such lists (e.g… contact your ISP, hosting company, etc). We may, at our discretion, add blocked domains/IP address onto a “white-list” that will allow successful email communications with these domains. Please contact us via FAX at 623-937-1555 or Phone at 623-937-8555 to resolve this. Due to the increase in Viral activity, we may, at our discretion, block an IP address of computers that are known to send email/network based viral attacks. We will periodically remove these IP(s) from the blocked list, and will do so within a reasonable time-frame if it is demonstrated that this IP address has been disinfected from the virus / worm. We may, at our discretion, employ additional Software to detect possible SPAM email and modify the subject line to indicate the message may be SPAM. This will allow easy filtering within the Client’s email program. We will not be held responsible for lost, undelivered, or delayed email messages or attachments.

You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply Mobile Tech Support, Inc. with a current and truthful name, postal address, telephone number, and FAX number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

Mobile Tech Support, Inc. also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Mobile Tech Support, Inc’s facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Mobile Tech Support, Inc. does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Mobile Tech Support, Inc. has the right to directly take action against a customer of a subscriber. Also, Mobile Tech Support, Inc. may take action against Mobile Tech Support, Inc. subscribers because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Mobile Tech Support, Inc. anticipates that subscribers who offer Internet services will cooperate with Mobile Tech Support, Inc. in any corrective or preventive action that Mobile Tech Support, Inc. deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Mobile Tech Support, Inc. policy.

Mobile Tech Support, Inc. also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Mobile Tech Support, Inc. urges its subscribers to assume that all of their on-line communications are insecure. Mobile Tech Support, Inc. cannot take any responsibility for the security of information transmitted over Mobile Tech Support, Inc’s facilities. We may enforce requirements, at our discretion, to protect transactions and require that communication with/from our server be encrypted. This may include, but not limited to, SSL purchases, encrypted email, encrypted logins and passwords.

Mobile Tech Support, Inc. will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Mobile Tech Support, Inc. may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. This includes, but is not limited to, the filtering of emails for viruses / SPAM, etc. Also, Mobile Tech Support, Inc. may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Mobile Tech Support, Inc. assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Mobile Tech Support, Inc. may disclose subscriber information or information transmitted over its network where necessary to protect Mobile Tech Support, Inc. and others from harm, or where such disclosure is necessary to the proper operation of the system.

You agree to supply appropriate payment for the services received from Mobile Tech Support, Inc, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. If your account is suspended for non-payment, services will not be restored until payment is received in full and any reconnect fees are paid. You agree that until and unless you notify in writing Mobile Tech Support, Inc. of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments may be billed and charged automatically, and that Mobile Tech Support, Inc. may apply the amount due to the provided card at any time. Mobile Tech Support, Inc. agrees that pro-rated refunds for unused time periods will be provided upon request, in the event of account termination.

Client shall be solely responsible for ensuring payment is received on time and will submit payment to Mobile Tech Support, Inc, with sufficient time to allow for delays in delivery for any reason.

A finance charge of 1.5% per month on the unpaid amount of an invoice or the maximum amount allowed by law, will be charged on past due accounts. Client payments will thereafter be applied first to accrued interest and then to the unpaid principal balance.

Client shall pay any attorney fees, court costs, or other costs incurred in collection of delinquent accounts.

If payment of invoices is not current, Mobile Tech Support, Inc, may suspend further work on site design and development. Furthermore, Mobile Tech Support, Inc, reserves the right to “take down” a working site if invoices for recurring fees are not current. Mobile Tech Support, Inc, may partially or totally suspend services while awaiting payment. In the event Client’s account is partially or totally suspended due to non-payment, Mobile Tech Support, Inc, shall no longer be liable to meet agreed-upon Client objectives (such as web development, email, hosting, etc)..

A reinstatement fee of at least $29.95 may apply to any account that has been partially or totally suspended due to non-payment of fees.

Mobile Tech Support, Inc. expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber’s failure to comply with those laws will violate Mobile Tech Support, Inc. policy. Finally, Mobile Tech Support, Inc. wishes to emphasize that in signing the service agreement, subscribers indemnify Mobile Tech Support, Inc. for any violation of the service agreement, law, or Mobile Tech Support, Inc. policy, that results in loss to Mobile Tech Support, Inc. or the bringing of any claim against Mobile Tech Support, Inc. by any third-party. This means that if Mobile Tech Support, Inc. is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against Mobile Tech Support, Inc, plus costs and reasonable attorneys’ fees.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND Mobile Tech Support, Inc. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DOES IT WARRANT THE AVAILABILITY OF ANY USER NAME OR DOMAIN NAME. Mobile Tech Support, Inc. MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH Mobile Tech Support, Inc. OR THE INTERNET. Mobile Tech Support, Inc. DOES NOT WARRANT THAT THE SERVICES OR USE OF YOUR ACCOUNT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OF OTHER MATERIAL ACCESSIBLE VIA THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY Mobile Tech Support, Inc, ITS EMPLOYEES, REPRESENTATIVES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY EITHER EXPRESS OR IMPLIED.

This agreement supersedes any written, electronic, or oral communication you may have had with Mobile Tech Support, Inc. or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Mobile Tech Support, Inc. and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to abuse@mobiletechsupport.com.

Last Modified April 11, 2012