Acceptable Use Policy and Terms of Service

1. INTRODUCTION

Marien Technologies' Acceptable Use Policy and Terms of Service ("AUP & TOS ") is intended to help enhance the use of the Internet by preventing unacceptable use. All users of Marien Technologies' services must comply with this AUP & TOS. We support the free flow of information and ideas over the Internet and do not actively monitor use of our services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Website, electronic mail transmission, news group, or other material created or accessible over or through the services, except for certain proprietary websites. However, in accordance with our AUP & TOS, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP & TOS. Marien Technologies may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP & TOS may result in the suspension or termination of either your access to the services and/or your Marien Technologies account or other actions as detailed in Section 7. This AUP & TOS should be read in conjunction with our other policies or specific customer agreements.

2. VIOLATIONS OF MARIEN TECHNOLOGIES' AUP & TOS

The following constitute violations of this AUP & TOS:

a. Illegal use. Using the services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated hereunder.

b. Harm to minors. Using the services to harm, or attempt to harm, minors in any way.

c. Threats. Using the services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

d. Harassment. Using the services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.

e. Fraudulent activity. Using the services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters."

f. Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.

g. Unsolicited commercial email/Unsolicited bulk email. Using the services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature are prohibited.

h. Unauthorized access. Using the services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Marien Technologies' or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

i. Copyright or trademark infringement. Using the services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

j. Collection of personal data. Using the services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

k. Reselling the services. Reselling the services without Marien Technologies' written authorization.

l. Network disruptions and unfriendly activity. Using the services for any activity which adversely affects the ability of other people or systems to use Marien Technologies Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the client's responsibility to ensure that their network is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A client may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

3. BILLING AND PAYMENT POLICY

All services are on a monthly (30 day) prepayment basis. Annual prepayment program is also available.
Full payment is required before any hosting service is rendered, which includes renewals.

Bills, invoices or receipts will be sent by email. It is the customer's responsibility to maintain a current email address with Marien Technologies billing staff.

Marien Technologies does not currently accept credit card payment. Checks and money orders should be made out to Marien Technologies. Print Domain Name/Client Name/Invoice Number on Check.

Marien Technologies' mailing address is:

Marien Technologies
46 Reingold Ave.
Fitchburg, MA 01420

Once an order is successfully submitted, the client is subject to Marien Technologies' refund policy.

Client has 14 days to get payment to Marien Technologies after first email notification to the billing contact of a renewal. Payment must be received or services are not rendered.

If payment is not received on time, then the account can be suspended or canceled. Closing accounts will erase all customer data from hosting servers.

If a check is returned due to non-sufficient funds, there will be an additional processing fee of $25.

All monetary transactions will occur in $US dollars.

All orders, time-frames, and terms are final. Once the service is ordered there is no refund if the service contract is cancelled by the customer before the regular expiration or anniversary date. Marien Technologies reserves the right to deny any 30 day money back guarantee.

4. REFUND POLICY

All of our web hosting plans carry a money back guarantee. If you are not completely satisfied with our service within the first 30-days, you will be given a full refund excluding domain name registration fees.

All cancellations must be received by Marien Technologies within the first 30 days of the contract and must be submitted as follows:

• Submission of our Account Cancellation Request form which requires account identification.
• Also, let us know the reasons why you decided to cancel, what you liked about our service and what you think we can improve upon. Your feedback is crucial to our continued success!

If Marien Technologies terminates an account due to policy violation, there will be no refund. The policy violator may be charged a $500 clean up fee.

Recurring fees and one-time fees associated with additional features are non-refundable.

5. TERMINATION OF SERVICE

Marien Technologies reserves the right to terminate service at any time. If an account is terminated for a policy violation, there will be no refund. Marien Technologies reserves the right to delete the policy violating website content without notice.

If an account is terminated due to non-payment, Marien Technologies reserves the right to delete the website contents without notice.

Marien Technologies reserves the right to refuse, terminate, or suspend service at our sole discretion.

6. INDEMNIFICATION

Client agrees to defend, indemnify and hold harmless Marien Technologies against any liabilities arising out of defective products sold to customers from Marien Technologies servers, personal injury or property damage caused by products or services sold or distributed from Marien Technologies servers, any material that infringes or allegedly infringes on the rights of a third party available from Marien Technologies servers, and any material that libels or allegedly libels a third party available from Marien Technologies servers.

7. REPORTING VIOLATIONS OF MARIEN TECHNOLOGIES AUP & TOS

Marien Technologies requests that anyone who believes that there is a violation of this AUP & TOS to please to report to us via email.

If available, please provide the following information:

• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the time zone or offset from GMT
• Evidence of the alleged violation

Marien Technologies may take any one or more of the following actions in response to complaints:

• issue warnings: written or verbal
• suspend the client's account
• terminate the client's account
• bill the client for administrative costs
• bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

8. REVISIONS TO THIS ACCEPTABLE USE POLICY & TERMS OF SERVICE

Marien Technologies reserves the right to revise, amend, or modify this AUP & TOS and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the service.