Meyer Computer, Inc.

Meyer Computer Policies

Payment Policies and Fees:

Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, three month, six month, one year) following the date the account was established. Additional features can be added at any time. Meyer Computer, Inc. reserves the right to change prices or plans at any time.

Note:
Meyer Computer, Inc. charges a $25.00 fee for returned checks as well as charge backs. For international customers: check or money order funds must be drawn in US dollars.

Account Cancelation:

You may cancel at anytime. Notification of cancelation must be made via our Cancelation Form. Phone requests will not constitute acceptance of any cancelation. Notification of cancelation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Clients Responsibility to secure email confirmation from Meyer Computer, Inc. that account has been canceled. If the client has not yet received email confirmation of account cancelation, then the account remains active, and you will continue to be invoiced.

If Client has a balance due at the time of cancelation, this balance must be paid in full. Cancelation does not absolve Client of any outstanding financial obligations.

Note:
In the event of account termination due to violation of the Meyer Computer, Inc. Acceptable Use Policy, owner(s) of the offending account shall receive no compensation for any losses incurred by account termination or any other action taken by Meyer Computer, Inc. against the offending account.

Indemnification

You agree to use all Meyer Computer, Inc. services and facilities at your own risk. Meyer Computer, Inc. specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Meyer Computer, Inc. be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Meyer Computer, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Meyer Computer, Inc., its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Meyer Computer, Inc. against liabilities arising out of:

  1. any injury to person or property caused by any products sold or otherwise distributed in connection with Meyer Computer, Inc.'s server;
  2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
  3. copyright infringement and
  4. any defective products sold to customer from Meyer Computer, Inc.'s server.

Meyer Computer, Inc. shall be the sole judge of what violates this Policy.

Acceptable Use Policy (AUP) - Spam
Unsolicited Commercial Email/Unsolicited Bulk Email (UCE/UBE)

Unsolicited commercial email (UCE) is defined by Meyer Computer, Inc. as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc?) sent for purposes of distributing commercial information of any kind, soliciting the purchase or sale of products or services or soliciting any transfer of funds to a recipient who has not agreed to receive such communication.

Unsolicited bulk e-mail (UBE) is defined by Meyer Computer, Inc. as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc?) to multiple recipients who have not agreed to receive such communication.

Use of the Meyer Computer, Inc. network, servers or services to transmit any unsolicited commercial or unsolicited bulk-e-mail is expressly prohibited, as is hosting web sites or services on an account which is advertised in any UCE/UBE. Meyer Computer, Inc. also prohibits the sending of any fraudulent, malicious, harassing, false or misleading electronic communications, including, without limitation, chain letters, pyramid schemes, or e-mails with forged headers. Posting off-topic advertisements to Usenet discussion groups, ICQ, Instant Messenger, etc., is also expressly prohibited. Additionally, Meyer Computer, Inc. customers are expressly prohibited from sending any UCE/UBE from our network or any email from another network that in any way references a document, image, or Web site that resides on the Meyer Computer, Inc. network. Violations of this type may result in the termination of the offending Meyer Computer, Inc. account. In addition, account reseller customers are ultimately responsible for any violations of the AUP by their clients, and any violation of the AUP by a client of a Meyer Computer, Inc. customer shall be deemed a violation of the AUP by such Meyer Computer, Inc. customer.

Customers whose actions directly or indirectly result in Meyer Computer, Inc.'s IP space being listed in any of the various abuse databases may be subject to having the offending domain(s), account(s), or user(s) immediately removed from our network. In addition, if Meyer Computer, Inc. in its sole discretion determines that a customer is in violation of our AUP, Meyer Computer, Inc. may, at its sole discretion, restrict, suspend or terminate a customer's account. Meyer Computer, Inc. will, in most cases, attempt to contact a customer prior to suspension or termination of an account(s), but can not guarantee prior notification. Any account suspended or terminated for AUP violations will be reconnected only after the customer agrees to cease all activities that violate the Meyer Computer, Inc. AUP and pays all applicable reconnect fees and related charges. Any account suspended a second time for AUP violations WILL be immediately and permanently removed from our network.

Customers that Meyer Computer, Inc. determines in its sole discretion to be in violation of the Meyer Computer, Inc. AUP may be subject to additional fees or fines including, without limitation, any applicable reconnect fees.

In the event of account restriction, suspension, or termination, due to violation of the Meyer Computer, Inc. AUP, owner(s) of the offending account shall receive no compensation for any losses incurred by account restriction, suspension, termination, or any other action taken by Meyer Computer Inc. against the offending account.

Violation of Meyer Computer Inc.'s UCE/UBE policy may be reported to abuse@meyercomputer.com

Customers seeking to send any permission-based email marketing should read The Guidelines for Permission-Based Email to see our guidelines for sending this type of communication.

Guidelines for Permission-Based Email

While Meyer Computer, Inc. prohibits the use of its systems or network to send unsolicited email (UCE/UBE) as described above, customers may send permission-based email marketing, subject to the guidelines provided herein. Permission-based marketing is defined as electronic marketing that an end user agrees to receive. This is often referred to as 'opt-in' electronic marketing. All recipient information for such marketing conducted by Meyer Computer, Inc. customers must be documented and cataloged by the customer. This information is to include date, time, originating IP and the location from which the email address or other recipient information was obtained. Additionally, a customer must at a minimum comply with the following guidelines, and any additional guidelines established by Meyer Computer, Inc. from time to time in its sole discretion, to engage in permission-based email marketing without violating the AUP:

  1. All commercial or bulk email originating from a Meyer Computer, Inc. customer on the Meyer Computer, Inc. network must have a working unsubscribe link. The customer must honor all requests to unsubscribe within 72 hours. Additionally, there must be text in the email stating that while all requests to unsubscribe are honored, it may take up to 72 hours to process.
  2. All commercial or bulk email originating from a Meyer Computer, Inc. customer on the Meyer Computer, Inc. network must clearly list the email address to which the email was originally sent (the intended recipient's email address) in the body of the message OR in the 'TO:' line of the email.
  3. All Meyer Computer, Inc. customers sending commercial or bulk email must have a working abuse@theirdomain address from EVERY domain associated with the email campaign. Additionally, the abuse@ address must be prominently posted on the front page of the associated web site. Customers must regularly answer any messages sent to the abuse@ address.
  4. All Meyer Computer, Inc. customers sending commercial or bulk email must register the abuse@ address for every domain associated with commercial email they send at abuse.net.
  5. All Meyer Computer, Inc. customers sending commercial or bulk email must have a Privacy Policy/AUP posted for each domain associated with the email campaign.
  6. All commercial or bulk email sent must include information about where the email address was obtained in the body of the email. For example:
    "You opted-in to receive this email promotion from our web site or from one of our partner sites."
  7. All Meyer Computer, Inc. customers sending commercial or bulk email must answer all complainants' requests for details regarding where the complainant "opted-in" to receive electronic marketing within 72 hours. This information must include the date, time, originating IP and the location from which the email address or other recipient information was obtained. Instructions on how to get this information must be stated clearly in the body of the email. For example, a statement similar to the following must be present in the body of the email:
    "If you would like to learn more about how we received your email address, please contact us at abuse@thisdomain.com."
    Requests for "opt-in" information must be responded to within 72 hours.
  8. All Meyer Computer, Inc. customers sending commercial or bulk email must be able to track and identify anonymous complainants. There are several software packages that can help accomplish this.
  9. If a Meyer Computer, Inc. customer is using an affiliate program to send commercial or bulk email through the Meyer Computer, Inc. network and the affiliate program becomes subject to repeated abuse by users, the customer must discontinue use of the affiliate program or be subject to immediate suspension or cancelation.
  10. All customers of Meyer Computer, Inc. are required to have up-to-date and valid contact information on file with their registrar for any domain hosted on the Meyer Computer, Inc. network. Disclaimer

Meyer Computer, Inc. reserves the right to test portions of any customer's email list in response to complaints and request opt-in information from a random sample of that list at any time.

Meyer Computer, Inc. reserves the right to determine in its sole discretion the validity of any customer's email list. Any list Meyer Computer, Inc. determines in its sole discretion to be in violation of this AUP must be removed immediately or the customer will be subject to immediate suspension or termination. Repeated violations will result in permanent suspension.

Meyer Computer, Inc. reserves the right to test and otherwise monitor customer's compliance with the above guidelines and requirements at any time.

If Meyer Computer, Inc. determines in its sole discretion that the customer is not in strict compliance with the guidelines for permission-based e-mail marketing, Meyer Computer, Inc. may immediately suspend or terminate the customer's account.

In the event of account restriction, suspension, or termination, due to violation of the Meyer Computer, Inc. Acceptable Use Policy, owner(s) of the offending account shall receive no compensation for any losses incurred by account restriction, suspension, termination, or any other action taken by Meyer Computer Inc. against the offending account.

Content

All services provided by Meyer Computer, Inc. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Meyer Computer, Inc. from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all Meyer Computer, Inc. servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Meyer Computer, Inc. will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Meyer Computer, Inc. servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • Pirated software
  • Hacker programs or archives
  • Warez sites

Meyer Computer, Inc. does not host sites of its competitors or web pages promoting sites of its competitors.

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.

In the event of account restriction, suspension, or termination, due to violation of the Meyer Computer, Inc. Acceptable Use Policy, owner(s) of the offending account shall receive no compensation for any losses incurred by account restriction, suspension, termination, or any other action taken by Meyer Computer Inc. against the offending account.

Meyer Computer, Inc. will be the sole arbiter as to what constitutes a violation of this provision.

Email

Meyer Computer, Inc. may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 25 email addresses or more than 10 news groups.

CGI Scripts

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other Meyer Computer, Inc. customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed.

Subhosting

Subhosting (hosting more than one web site with a single Meyer Computer, Inc. user account) is generally not allowed on Meyer Computer, Inc. servers. It is subject to Meyer Computer, Inc. approval on case by case basis. We do, however, allow sub-domain accounts. For more information, please contact support@meyercomputer.com.

Traffic

Meyer Computer, Inc. allows for very generous traffic, and most sites never exceed 5 G per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Meyer Computer, Inc. customers are discouraged from storing any files that cause excessive traffic on Meyer Computer, Inc. servers. Please contact Meyer Computer, Inc. Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Meyer Computer, Inc. or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

We reserve the right to charge additional fees for extremely high bandwidth sites (over 5 GB of transfer per month). This only includes .1% of our currently hosted web sites. We will not host web sites which contain adult material.

You will be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel, and you can have us notify you when you are nearing your limit by going to Account Management in your Control Panel and setting up notification.

Backups

Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content. The "Archive Manager" is included in each hosting plan and clients can use this tool to back up their files. If loss of data occurs due to an error of Meyer Computer, Inc., we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Meyer Computer, Inc. will attempt to recover the data from the most recent archive for a $50.00 fee.

Telephone Support

Client agrees to use the email address support@meyercomputer.com for technical support issues. Meyer Computer, Inc. does, however, offer telephone support to clients. Clients agree not to abuse this resource. Abuse includes placing multiple repeat calls without leaving a message or leaving multiple messages in the same 24-hour period. Clients who abuse telephone support privileges may, at Provider's sole discretion, have telephone support privileges revoked and/or incur a charge of $5.00 per call. Meyer Computer, Inc. shall have sole authority to determine violations of this policy.

Resellers

  • You provide billing to your customers. We do not bill your customers. We bill you for the domain and space, then you turn around and bill them for your cost from us and your services in addition to that
  • We can only allow you to be a reseller if you are paying by credit card
  • Actual or attempted violations of policy by a customer's end user shall be considered violations of the policy by the customer regardless of intention and will be acted upon accordingly
  • Your customers are given a limited amount of transfer and if we feel that one of your customers are using up more transfer than allocated or are taking up too much of the CPU usage then we will need to pass some of the extra cost on to you and you will need to pass it on to your customer. You will need to put that in your terms and conditions for the hosting
  • You agree that neither you nor your customers can hold us responsible for services that you offer
  • Your customers have to abide by the same terms and conditions as you do, or we have the right to cancel any of your reseller accounts
  • If you abuse our services, we reserve the right to cancel your account, which will also cancel your customers accounts

Uptime Guarantee

If our servers are not up 99.9% of the time during your first 30 days of hosting we will gladly refund your hosting fees and cancel your account. Just go to our cancelation page and follow our cancelation instructions. Be sure and mention that you would like a refund based on our 99.9% Uptime Guarantee.

Meyer Computer, Inc.
59A Kanoa Street
Wailuku, Hawaii 96793
(808) 249-0970
webmaster@meyercomputer.com
Meyer Computer, Inc.
Web Services provided by Meyer Computer, Inc.
Web Hosting & Design