Network, Billing and General Policies

Network Policies
At Mile High Computer, LLC (MHC), we value our customers and wish to provide them with a positive experience. To offer you the best service possible, all customers need to follow the same rules and guidelines. These policies are intended to make MHC’s service available to all our customers as consistently and efficiently as possible.

User-Supplied Content
All services may be used for lawful purposes only. Through MHC’s service, you may have access to chat Areas, bulletin Boards, web pages, email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US federal, state, or local law. You are solely responsible for the content you make accessible through the MHC network. You may not use the service to assist any other person or entity to violate any federal, state, or local laws, ordinances or regulations.

MHC is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, MHC has the right, but not the obligation, to edit, remove or deny access to such content. MHC may disclose any content or records concerning customer's account as required satisfying any law, regulation, governmental request or court order.

Sites that promote any illegal activity or content that may be damaging to MHC’s servers or any other server on the Internet are not allowed. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links:

• Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
• Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
• Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet site or Providers.

Network Security
Customers may not use the MHC network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or Account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. MHC will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Traffic/Bandwidth
Currently MHC does not enforce a traffic/bandwidth usage policy which sets us apart from the other web companies.  If this privilege is abused by any customer then we may, without notice, begin imposing traffic/bandwidth limits on your account and begin charging at the rate of $5/month for each additional 1GB used.

CGI Scripts
Each MHC account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-Script sharing with domains not hosted by MHC is not allowed.

Chat Rooms
MHC prohibits its customers from installing outside chat rooms on their domain, as these tend to be a resource problem. MHC does provide its customers a choice of Java Chat rooms to choose from for a nominal monthly charge. These chat rooms were designed to meet the growing needs of customers and function without hindering the performance of the servers for others.

Server Resources
Any Web site that uses a high amount of server resources (such as, but not limited to CPU Time, Memory Usage, and network Resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level. Any website deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice.

IRC
MHC currently prohibits its customers from operating IRC or IRC Bots on any of the servers in the MHC network.

Weekly Backups / Restores
As a courtesy, MHC provides a weekly backup service on shared hosting accounts. You can request our administrators to run a backup of your site or any files for a one time charge. Although MHC tries to ensure these backups are complete and accurate, we cannot guarantee data integrity. It is possible that a site and/or file may not be able to be restored up without our knowledge. MHC recommends that the customer periodically and frequently backup their site to their local computer.  A backup may not be included with a dedicated server type plan. We recommend dedicated server customers can purchase a backup option to protect data.

Commercial Advertising/ Mass Mailings
You must not use the MHC network, MHC equipment or any MHC email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the MHC network, MHC equipment or any MHC email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, without warning, MHC reserves the right to disable your domain. In addition, MHC may impose a $100 penalty for each spam policy violation. MHC solely reserves the right to refuse or cancel service to known spammers. Lastly, MHC reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Distribution and/or Transmission of Obscene, Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights
Material accessible to you through MHC’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use MHC’s services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the MHC network. If you use a domain name in connection with MHC’s services or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of service
MHC reserves the right at its sole discretion to refuse or cancel service. Violation of any of MHC’s rules, regulations and/or policies could result in a warning, suspension, or possible account termination without prior notice or warning. Accounts terminated due to policy violations will not be refunded.

Billing Policies

Service Cancellation
To authenticate a cancellation request, you must fill out the on-line cancellation form. If this is not possible, you may fax the notice to 303-833-5952 or mail the cancellation notice to Mile High Computer, PO Box 1059, Frederick, Co 80530. You must include your account email Address, account name, account password and the domain name that you want to cancel the hosting.

Billing
We bill all web hosting customers quarterly.  All payments are due on the due date listed on the invoice you will receive from us.  Any payments that are not made by the due date will incur a $10.00 late fee.  Any payments not received within 10 days after the due date will have their account suspended and will incur a $20.00 re-connect fee.  Any payments that are over 30 days due will be turned into our collection agency for collections.

We cannot accept cancellation requests over the phone for security reasons.

30 Day Money Back Guarantee
MHC provides a 30 day "no nonsense" money back guarantee for all direct shared hosting accounts (this does not apply to accounts sold by resellers and/or dedicated servers). If for any reason, you request cancellation before your 2nd bill date, we will refund you the 1st month's cost plus set-up fee.

Please note that the setup fee for dedicated servers and fees for resold domains are non-refundable.

Indemnification
Customer agrees that it will protect, indemnify, save and hold MHC harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against MHC, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold MHC harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with MHC’s services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from MHC’s services.

Disclaimer
MHC will not be responsible for any damages you or your business may suffer. MHC makes no warranties of any kind, expressed or implied for services we provide. MHC disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by MHC and its employees. MHC reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

MHC furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of on-line communications. A customer's failure to comply with those laws will violate this policy. Finally, MHC wishes to emphasize that in accepting services, customers indemnify MHC for the violation of any law or MHC policy that results in loss to MHC or the bringing of any claim against MHC. This means that if MHC is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against MHC, plus costs and reasonable attorneys' fees.

Privacy Policy
MHC insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used "solely" by MHC, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the subscriber. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the subscriber; with exception as required by law, regulation or governmental authority.

MHC is committed to protecting and securing all subscribers provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information.

Payment Information
We accept payment in the form of a check, money order, and wire transfer as well as by MasterCard, Visa, Discover or AMEX or via PayPal with our userid of sales@milehighcomputer.com.

For credit card transactions you will be charged for the first 3 months plus set-up and new domain registration (if applicable). You will then be billed every 90 days from the date of activation for the upcoming month's service. Your account will be configured within 24 hours of submission of this form.  You may choose to be billed in 6 and 12 month increments as well.  If you choose to be billed for 12 months then you will receive 2 months free.

For check or money order transactions, please send payment for the first 3 months of service plus set-up and domain registration (if applicable). You will then be billed every three months for the upcoming quarter's service. You will be activated on receipt of payment. If you are a US resident you can expedite your order by faxing us a signed check and have your account set-up within 24 hours after we receive your fax. Domain registration is also non-refundable.  You may also pay us for your registration and setup fees via PayPal using our userid of sales@milehighcomputer.com.

Receipt of hosting login information does not guarantee ownership of domain name. Domain registration fees are not refundable for any reason, so please double check your entry before submitting this form. Re-pointing a domain from another host does not incur a new registration fee.

SERVICE LEVEL AGREEMENT

MHC is committed to providing you with superior service and support. Our Service Level Agreement (SLA) provides uptime and hardware guarantees if you have ordered any of our UNIX or NT dedicated server packages and your account is in good financial standing with MHC.

Support
Mile High Computer provides basic email support on all web/mail accounts.  Phone support is offered during our normal store hours.  The next level of support for outside our business hours and for expedited support is an additional $20.00 per month.

Network Uptime Guarantee
MHC’s servers connect to the Internet through redundant high-speed connections on diverse backbones, ensuring data delivery to the end user in the fastest, most efficient manner possible. MHC guarantees a 99.9% uptime excluding scheduled maintenance of 15-30 minutes per month. MHC’s Cisco Powered Network combined with 24/7/365 monitoring by highly qualified network engineers and administrators guarantee the functioning of all network infrastructure including routers, switches and cabling.

Credits
In the event that there is network outage*, MHC will credit the monthly service charge for the following month’s service as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed 40% of the monthly service charge for the affected month.

*Network outage means any outage in which end customers are unable to access the customer’s site, due to a failure in MHC’s network.

MHC will ONLY be held responsible for its network and not for general conditions on the Internet. Delays that occur outside MHC’s routers caused by backbone failures/congestion, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation) resulting in degradation of service and high packet loss or similar conditions, cannot be guaranteed by MHC.

Hardware Guarantee
MHC guarantees the functioning of all dedicated server type leased hardware components, and will replace any failed component at no cost to the customer. Hardware repair/replacement will begin immediately upon identification of the hardware failure and is guaranteed to be complete within 2 hours of problem identification. Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. The time required to repair/replace hardware does not include software reinstallation and/or data recovery from backup tapes/disks (time frame depends on size of disk).

Credits
In the event that it takes us more than 2 hours to repair/replace faulty hardware within the limits defined above, MHC will credit the customer 5% of the monthly fee per additional hour of down time (up to 100% of customer's monthly fee).

Service Credit Request Procedure
In order for you to receive a credit on your account, you must request such credit within 72 hours after you experience hardware failure or network outage.

• Request made by email to sales@milehighcomputer.com
• Include all support ticket numbers in your email
• Include your server name, your domain name and your full address as shown on your invoices.
• Dates and times of unavailability of your server and any additional information

Credits will usually be applied for the following month’s service within 30 days of acceptance of the request. Credit to your account shall be the sole and exclusive remedy in the event that there is a network outage or hardware failure.

Claim Review Process
All claims must be submitted via email to sales@milehighcomputer.com.  Claims will be acknowledged within two business days and reviewed within ten business days of receipt. Upon coming to a decision, the customer will be notified via email whether the appropriate service credit will be issued on the next invoice or reject the claim by specifying the basis for rejection.

These policies are subject to change without notice.

Copyright © 2008 Mile High Computer, LLC. All rights reserved