MCM Systems' Terms and Conditions for Service
MCM Systems' goal is to provide as unrestricted and satisfying an Internet experience as possible for our customers. These common rules are designed to satisfy what the law demands, to protect MCM Systems, and to protect our customers. These terms and conditions are similar to what you would find at any quality ISP, and are the general guidelines the Internet community tends to deem as good 'netiquette'.USE OF YOUR ACCOUNT CONSTITUTES YOUR APPROVAL AND ACCEPTANCE OF THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT IS A CONDITION TO USE OF THE MCM SYSTEMS NETWORK SYSTEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE THE MCM SYSTEMS NETWORK SYSTEM. PLEASE CALL 660-269-8088, OR EMAIL SALES@MCMSYS.NET IF YOU DO NOT AGREE TO THESE TERMS SO WE CAN INITIATE CLOSURE OF YOUR ACCOUNT.
1. MCM Systems reserves the right to modify these terms and conditions without prior notice at any time. We suggest you check our website monthly so you can view our current Terms and Conditions.
2. Enforcement of Terms and Conditions
Depending upon the circumstances of any violation of our Terms and
Conditions (including any actions that cause damage, downtime, excessive
load, or harm to people or systems) we may issue a warning, suspend your
service, or terminate your account without notice or refund. (And if appropriate,
we bill/collect our fee of $300 per-hour during office hours and $600 per-hour
during non-office hours and holidays (plus any expenses to collect) to
repair malicious damage caused by mail- bombing, hacking or attempting
to damage our system, or other networks via our system.)
3. Illegal activities
We are required by law to report any criminal activity that we become
aware of. Be aware that if it comes to our attention that you are using
our system to commit illegal acts (e.g., storing or transporting commercial
software via our system illegally) we must immediately suspend/terminate
your service. We support your right to free speech, but can't support your
use of our service to harm, abuse, harass, or libel others. By use of our
service, you indemnify MCM Systems from any damages resulting from your
actions or the content you store on our systems. However, if we believe
MCM Systems will likely be held liable for your content (e.g., libel/harassment)
hosted on our system, and you refuse to fix the problem, MCM Systems may
terminate your account.
4. Harassment and privacy
Your account and business is private with us. We do not sell mailing
lists and do not share your private information. We ask you to do the same
:
Do not snoop or disturb other users' files or directories. You may
not harass or threaten any of our staff or other customers. You may not
make public any private email, or provide any of our system files to other
persons on the Internet. You may not harass or make threats against another
person via email or news, web, or any other electronic media/service we
make available. Nor may you impersonate another person.
5. Spamming
Spamming is not tolerated at MCM Systems. Spamming is sending unsolicited
email, whether "mass" or ostensibly targeted, to people who have not asked
for such email. Spam is also posting to Usenet news a single cross-post
to many newsgroups, or many individual posts to multiple newsgroups that
are not related to the topic of your article, or where doing so is in violation
of a group's charter or common use. Posting identical or nearly identical
Usenet posts on a regular (daily, weekly) basis, with exception of FAQ's
and other informational content posts, is similarly prohibited. Spam sent
via other networks, but referencing email addresses or websites at MCM
Systems is similarly prohibited. You may not use MCM Systems as a "drop
off" address for replies to spam mail or spam posts sent from other networks.
We encourage the appropriate use of email and Usenet news, and we do not
censor for content. We will censor those users who annoy vast numbers of
innocent people on the net who do not wish to be bothered by unsolicited
materials. Downstream MCM Systems commercial customers: Regardless of your
connectivity to MCM Systems you are bound to these same restrictions. If
you or your customers spam, you risk loss of connectivity until the problem
is mitigated.
6. Denial of service attacks
You may not mount an attack against our system or any other. This includes
mail bombing, "hacking" or attempting to gain root access, tsunami or flood
bots or annoyance utilities like "nuke" or "flash," employing packet sniffers,
flood pings, etc.
7. Telneting in to Shell
You may telnet in a reasonable number of concurrent sessions. Note
however that simultaneous telnet sessions originating from multiple disjoint
networks will be assumed to indicate that the user's password has been
compromised or shared. We reserve the right to restrict access until we
can determine whether or not the account has been breached.
8. Technical support
We at MCM Systems are proud of our technical support staff. To maintain
the high quality of technical support our customers expect, we must limit
the availability of telephone tech support to one free hour with the primary
account holder. We cannot provide tech support for other persons whom you
may authorize to use your account, such as your wife, brother, business
partners, etc.. Similarly, we must limit tech support to issues related
to connectivity only. We cannot teach you how to design your web pages,
how to write perl scripts, how to compile code, etc.. We can only offer
such help on a consultancy basis, or we may refer you to other specialists.
However, we may (and frequently do), at our discretion and time permitting,
assist customer with non-connectivity issues. Providing such additional
service shall not be construed to mean that MCM Systems is obligated to
provide such service.
9. Payment and billing
All payments are due and payable in advance on the anniversary date of
when you signed up.
Accounts are subject to termination if not paid in 15 days. We DO
NOT mail an invoice, however, we do send invoices and statements via email.
Payment is accepted by the following methods:
1. - Automatic checking account draft.
2. - Automatic credit card charge.
3. - By mail to MCM Systems - PO Box 223 - Moberly,
MO 65270
4. - In person at our office at 112 S. Williams, Moberly.
Monthly charges accrue from the time you sign up until the time you
formally cancel with written notice via email, postal mail, or fax to MCM
Systems. Much like having to pay for a rented movie even if you don't watch
it, you must pay for your Internet access ability even if you don't log
in and use it. If you are not going to use your account for an extended
period (14 days minimum), you must notify MCM Systems in advance to avoid
paying for that interval. All MCM Systems prices can change without notice
at any time. All startup fees and equipment sales must be paid for in advance,
before equipment is shipped or circuits are activated.
10. Extra charges and fees
MCM Systems reserves the right to charge (and collect) for additional
expenses incurred. Some services are optional and provided at a nominal
charge. Listed below are rates for these services: (Add travel time to
all hourly rates where appropriate. All hourly rates 1/2 hour minimum.)
- Changes to existing Domain Name information: $10
- Changing MCM Systems login name: $10
- Changing password: FREE
- Per-hour fee for technician-level support (e.g., billing research, web consulting, training, debugging scripts/code/configurations, etc.): $30
- Per-hour fee for engineering-level support (e.g., router configuration, telco problem resolution, Sr. SysAdmin issues, research on collection issues, harassment, banking, investment, marketing, design, or legal matters): $75
- Credit card dispute fee: $10
- Returned check fee: $20
- Declined credit card fee: $5
- Re-connection fee: 50% of monthly charge
- Per-hour fee to research/prepare/collect/process defaulted debts: $85
- Excessive and unnecessary billing changes: $15 per occurrence
- Fee for compliance with civil and/or criminal subpoenas: $100
MCM Systems charges $50 for registering and setting up a domain name. Unless you are running your own domain name server, all Domain Name registration must be done by MCM Systems staff. We insist on processing any and all DNS requests that reside on our servers. (Our Business and commercial account customers get one free changing of Domain Name information per account.) MCM Systems does not charge fees on behalf of Internic. Internic charges (and domain ownership issues) are always the responsibility of the customer.
All domains hosted by MCM Systems or using our DNS servers, are kept at MCM Systems until the customers has paid all past debts to MCM Systems. We will not process any request to move any domain for any customer having a past-due amount owed to MCM Systems; and we reserve the right to wait for the check/payment to clear the bank before releasing the domain. Similarly, we cannot move domains to MCM Systems from other ISPs in cases where unpaid debts to the former ISP are a problem.
12. Dialup usage
MCM Systems' dialup accounts are flat-rate for normal and reasonable
usage. While we allow family/business users to share one account with prior
permission, the total connect time per personal dialup account should be
less than 150 hours per month (equivalent to 5 hours each and every day
of the month.) We enforce these limits to ensure that all of our customers
will have equal access to the connection they are paying for. The vast
majority of our customers will never reach these limits. With the exception of dedicated dialup
accounts, extended interval sessions that are either idle, or running only
automated functions such as email checks, pings, etc., may be terminated.
Our network is designed to allow you access whenever you dial in. We have a no busy signal policy. However, there may be times of unreasonably high useage or telephone company problems, and a busy signal may be encountered. Getting a busy signal in no way relieves you of payment of charges owed.
The accountholder is ultimately responsible for the account. If someone is using your account, and you are not aware of it, you are still responsible for charges, etc.
13. Local number
Make sure that MCM Systems' dialup number is local to you! MCM Systems
can not, and will not be held responsible for phone charges, whether due
to error, a telco error, or yours. Always check with your telephone company
to insure MCM Systems' number is local to you. MCM Systems will not reimburse
for telephone company expenses under any circumstance.
14. Concurrent dialups
Only one simultaneous dial-in per account. This means that you may
not use more than one of MCM Systems' lines at the same time. If you are
found logged in more than once over a modem connection, we will assume
that your password has been compromised and will immediately suspend your
account.
15. Disk allotments
Personal dialup customers are allocated five megabytes of disk space
for their home directory, for web space (ten megabytes for Domain Name
customers). Five megabyte blocks are available for $5.
16. MOOs, IRCs, MUDs, and other servers
IRCbots or servers may not be run on MCM Systems. Bots found running
will be terminated, files associated with them may be deleted. MUDs and
MOOs may not be hosted on our system.
17. Bandwidth/CPU usage
You may make whatever material you like available for FTP or WWW as
long as it is legal and it does not generate in excess of 150 Megs per
day (Personal) or 300 Megs per day (Business). For this reason, we strongly
recommend that our customers avoid storing any adult-oriented materials
here. If your Internet site suddenly sucks giant amounts of bandwidth,
we retain the right to restrict access to it for such interval as we deem
necessary to maintain availability of bandwidth for all users. Similarly,
your actions/processes may not consume an unreasonable amount of system
resources/CPU cycles.
18. Network availability
MCM Systems' uptime record is second to none, and when a part of our
system (or yours) is down, it is usually because of a telco's error or
failed equipment. We can not refund for temporary service outages, no matter
what the cause.
19. Backup of data
Not a rule, but another topic involving common sense: Backups. MCM
Systems performs nightly, scheduled backups to a backup server, but nothing
in this world is failsafe. If you have something critical to your career
or hobby, it makes sense to keep a copy of it locally on your own computer,
in addition to ours. Our backups are designed for recovery from serious
system failures, not for recovery of files accidentally or intentionally
deleted by users. We may be able to restore files a user has deleted, but
there are substantial charges associated with doing so.
20. Agreements with Minors
MCM Systems requires that its agreement be made with a person who is
qualified to contract. As such, customers must be over the age of eighteen
years. Otherwise, a parent or guardian must accept this agreement and assume
responsibility for payment of MCM Systems services and for Customer's compliance
with this agreement.
21. Disclaimers
MCM System disclaims any and all responsibility for the loss of, or
damage to, any customer data stored on our system, or for any consequential
damages related to such loss, damage, or unavailability. MCM Systems' services
are provided with no warranty or merchantability or fitness for a particular
purpose. In no event shall MCM Systems be liable for incidental, consequential
or special damages including, without limitation, loss of data or profits,
regardless of whether MCM Systems has been advised of the risk of such
damages in advance. By using our services at any time, you unconditionally
agree to indemnify and hold harmless MCM Systems from and against loss,
suit, damage or claim including reasonable attorney's fees.
22. Limitation of Service
We reserve the right to refuse service to anyone at any time for any
reason. In some cases, we may not be able to give advance notice.
23. Wireless Equipment
All wireless equipment and wiring that is installed by MCM Systems is the property of
MCM Systems. All equipment is to be returned upon termination of service.
MCM Systems is not responsible for any damages pertaining to drilling holes
for mounts or entry points. MCM Systems is not responsible for damages to
yards caused by footprints or ruts caused by installation vehicles.
Customer is responsible for this equipment while it is in their posession.
Any theft or damage to our equipment will be the customer's
responsibility and will need to be turned into the customer's insurance
company for reimbursement.
In short, respect MCM Systems, it's customers, and the internet community.
Click here to e-mail us at MCM Systems