mupugly : Terms of Service : T.O.S.
TERMS OF SERVICE

1. ACCEPTABLE USE POLICY
1.1  XXXXX will hereby be referred to as "we", us", "our", 'mupugly', 'mupugly.no-ip.org'. The customer will be referred to as "customer", "you" or "I".
1.2  Customer means anyone that we supply a service to.
1.3  We will provide a firewall for the server configured in accordance with good practice.
1.4  You acknowledge that:
1.4.1  you are solely responsible for familiarising yourself with the details of the configuration of our firewall, and for satisfying yourself that it is an appropriate configuration for your needs
1.4.2  we are not responsible for any failure of any firewall or other security hardware or software, to provide full protection of web server/s or any web site
1.4.3  we are not obliged to alter the configuration of our firewall to suit you.
1.4.4  any degree of Internet access involves security risks, and it is not feasible to exclude all security risks, as threats to Internet security are continually being discovered.
1.5  We may block, restrict access to or block public access to web content or a web site where we believe such content or web site has been exploited or poses a security risk in our absolute discretion.
1.6  If the volume of data coming to or from your web site exceeds any pre set quota in your plan, then you may be liable for the payment of excess charges.
1.7  If you have reason to anticipate that the volume of data coming to or from your web site will vary significantly, you must give us notice immediately.
1.8  If we request it, you must in good faith give us forecasts of your anticipated requirements for disk quotas, or the volume of data coming to or from your web site from time to time.
1.9  We may require you to upgrade your plan, where you exceed your data usage exceeds your pre set quota under your plan.
1.10 You may not use a Service to:
1.10.1  send, allow to be sent, or assist in the sending of Spam
1.10.2  use or distribute any software designed to harvest email addresses or
1.10.3  otherwise breach the Spam Act 2003 or the Spam Regulations 2004 of the Commonwealth.
1.11 Our right to suspend your account applies regardless of whether the open service is provided or the breach is committed intentionally, through misconfiguration, or by other means not authorised by you including but not limited to through a Trojan horse or virus.
1.12 We may scan any IP address ranges allocated to you for your use with the Service in order to detect the presence of open or otherwise misconfigured mail and proxy servers.
1.13 If the Service is suspended and the grounds upon which it was suspended are not corrected by you within 7 days, we may terminate the Service.
1.14 It is your responsibility not to exceed disk quotas.
1.15 If you exceed your disk quota then we may impose excess charges.
1.16 Our service must not be used to:
1.16.1  abuse, menace, harass, intimidate or stalk anyone
1.16.2  break the law or allow another person to break the law
1.16.3  damage property including intellectual property
1.16.4  injure anyone
1.16.5  mislead or deceive anyone including the creation of spoof websites
1.16.6  facilitate the commission of a tort, or breach of contract
1.16.7  allow for the misuse of anyones confidential information
1.16.8  misuse or allow for the misuse of anyones personal information, sensitive information or health information, as defined by the Privacy Act 1988
1.16.9  deceive, access or manipulate (or allow anyone else to) our billing systems or any part of our network
1.16.10 send or distribute any virus, worm, trojan or other malicious code
1.16.11 send alter or create an electronic message (including spoofing) to conceal the true identity of the person from whom it originates
1.16.12 control or contribute to a Denial of Service attack
1.17 If you use one of our services to provide commercial content, we recommend that you adequately label the content, an example of a labeling system is administered by Internet Content Rating Association (ICRA) www.icra.org.
1.18 Our right to suspend your account applies regardless of whether the open service is provided or the breach is committed intentionally, through misconfiguration, or by other means not authorized by you including but not limited to through a Trojan horse or virus.
1.19 We reserve the right to charge the customer of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of us, calculated by the number of messages sent, administration time and removal of spam blocks from external networks.
1.20 The customer agrees not to use the shared URL 'mupugly.no-ip.org' as a primary download link or web site address, except for genuine shared SSL usage as outlined below. This link is provided for web site testing purposes only. If found to be using the shared URL as a primary download link or web site address, you will be charged extra bandwidth usage charges and/or a clean up charge at the discretion of XXXXX. The shared SSL link can only be used for valid sites that need secure access for their functionality e.g. running an online store.
1.21 Users may not attempt any of the following:
1.21.1  Use 25% or more of system resources for longer then 90 seconds.
1.21.2  Any activity which causes the server to crash / restart

2. OBLIGATIONS
2.1  Unless a customer contract specifies that we will create a back up of any data and/or customised software set up of yours, you are solely responsible for ensuring that you have a complete, working back up of them.
2.2  You indemnify us against loss or damage that you or anyone else suffers as a result of damage to data or customised software set up on your computer system.
2.3  We are not obliged to provide you or any third party with historical data (e.g. material that used to be stored on our server).
2.4  You do not have any rights to any particular user identification, password, customer number, IP address, or any other thing which we may provide as part of a service. We can change or direct you to change these at anytime.
2.5  We are not required to store any email or data in accounts that are not active, and we are not responsible for any loss or damage because of this.
2.6  The backup regime will not be tailored to your needs, and you are solely responsible for deciding if it is adequate for its purposes.
2.7  If you request us to restore any data, we will do so if we can from the backups then available. If we cannot, we are not liable to anyone in any way.
2.8  Your use of our products and services is at your sole risk. We are 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 our servers at all times.
2.9  We are not liable for any data loss due to server failure, unforeseeable corruption of programs, hacking, or any other failure whatsoever.

3. PRIVACY
3.1  Each party must treat the confidential information of the other party as confidential and commercially valuable and ensure that its representatives do the same.
3.2  XXXXX may give your personal data to people with a legitimate reason for asking for it (based on the exemptions in the Data Protection Act 1998 or similar laws that replace or follow it), including government or law enforcement agencies