4) Third Party Providers

All transactions with third party providers are solely between the visitor and the individual provider. M3 is not the agent, representative or trustee of you or the third party provider in any transaction. Some products provided by M3 are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party. All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing. We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

5) Content

All services provided by M3 may only be used for lawful purposes. The laws of The United States of America apply and will be followed. The customer agrees to indemnify and hold harmless M3 from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, videos, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@M3Server.com with the information required.

Examples of unacceptable material on all VPS and Dedicated servers include but not limitted to:

• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• File Dump/Mirror Scripts (similar to rapidshare)
• Escrow/Bank Debentures
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery/Gambling Sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Push button mail scripts
• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
• IRCD (irc servers)
• Anything that remotely provides the thought of children in the acts of pornography or erotic situations or poses any potential to harm or risk to kids of any nature.
• Mailer Programs or the sending of suck 3rd party bulk email addresses.

M3 hosting services, including all related equipment, networks and network devices are provided only for authorized customer use. M3 systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of M3 system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. M3 may, at its discretion, request and require documentation to prove access to a third party network or system is authorized. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 24 hours.

Sites hosted on M3 service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. M3 is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like M3 and many of M3's other web hosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, M3 should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under M3Server.com's web hosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us at abuse@M3Server.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

6) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

M3 reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

M3 reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of M3.

7) Payment Information

You agree to supply appropriate payment for the services received from M3, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify M3 of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of M3, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify M3 of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by M3. M3 reserves the right to bill your credit card or billing information on file with us. M3 provides a 7 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 7 days and not paid may result in a late fee being added on and/or an account suspension until account balance has been paid in full. Access to the account will not be restored until payment has been received. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact billing@M3Server.com

M3 reserves the right to change the monthly payment amount and any other charges at anytime.

8) Backups and Data Loss

Your use of this service is at your sole risk. We include (1) one copy of your server's configuration and all web site data to restore in the event of total system failure. This backup is provided as a service included in the hosting fee at no extra charge, but should NOT be considered 100% accurate, nor complete, nor are we responsible for the accuracy of lack of data thereof. Clients are reminded and highly encouraged to have their own backup copies stored safely for fast retrieval. If a client accidentally deletes or overwrites a file and needs the files restored, there is a $50 restore fee per incident,not per file. The backup service updates once per week and copies any new or updated files and purges missing files once per month. This service is provided to you as a courtesy. M3 is NOT, repeat, is not, responsible for files and/or data pertaining to your web site(s) or otherwise uploaded by you, your application, web site users, or other wise hosted on your server. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on M3 servers. Meaning, download your own files to your computer so you have your own backups.

9) Cancellations and Refunds

M3 reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and M3 is not responsible for any change in exchange rates between time of payment and time of refund. Customers may cancel at any time via a cancellation form. M3 gives you an unconditional 30 day money back guarantee on managed VPS hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal. Cancellations requested after the initial 30 days for VPS and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 30 day period will be given on a prorated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been canceled. Payments older than 60 days may require a refund via PayPal or mailed check due to our merchant account policies and procedures.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

• Bank Wire Transfers
• Western Union Payments
• Checks
• Cash
• Money orders

There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Refund requests for .com, .net., and .org domain names (made within the 30 day money-back guarantee period) will have the common market value subtracted for those tld's. Any ccTLD's domain name purchases are non-refundable. Please note that domain refunds will only be considered if they were ordered in conjunction with a hosting package. Eligibility of said refunds will be determined at the time of cancellation. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

10) Resource Usage

Users may not:

• Run more than 75% of CPU capacity on average on VPS servers. Be kind to your neighbors. If you need maximum CPU, we offer true dedicated machines for which you are authorized to use 90% CPU 24/7, leaving a small amount for administrative & monitoring purposes.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run any type of web spider or indexer (including Google Cash / AdSpy) on VPS servers.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our VPS servers.
• Participate in any file-sharing/peer-to-peer activities
• Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

11) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

12) Money back Guarantee

On dedicated servers no full refund will be honored -- the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all. We encourage the use of our VPS servers to save you money and test your web applications prior to selecting dedicated services when in doubt. Each of M3's managed, VPS, and reseller servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the first month payment amount unless the service was disrupted due to violation of our TOS.. Remember, this is only for monthly VPS or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

M3 will not activate new orders or activate new packages for customers who have an outstanding balance with M3. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by M3 in writing.

13) Reseller: Client Responsibility

Resellers are responsible for supporting their clients. M3 does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. M3 will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

14) Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

15a) Indemnification

Customer agrees that it shall defend, indemnify, save and hold M3 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against M3, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless M3 against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with M3; (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 customers from M3's server.

15b) Arbitration

By using any M3 services, you agree to submit to binding arbitration. If any disputes or claims arise against M3 or its subsidiaries, such disputes will be handled by an arbitrator of M3's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

16) Disclaimer

M3 shall not be responsible for any damages your business may suffer. M3 makes no warranties of any kind, expressed or implied for services we provide. M3 disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by M3 and its employees.

17) Disclosure to law enforcement

M3 may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

18) Changes to the TOS

M3 reserves the right to revise its policies at any time without notice.

19) Complaints and handling thereof

Complaints regarding illegal use of system or network security issues, email abuse, USENET abuse, or SPAM should be sent to abuse@m3server.com. This Acceptable Use Policy has been derived from our backbone provider's policy, since their policy is our policy. This Policy is to protect the common use of the Internet system to promote the Internets health and operation. Our customers can rest assured their resources are protected and their service will be protected from said offenders. M3 reserves the right to refuse service to whom we choose. Any abusive site, regarding bandwidth, CPU usage, SPAM, or any other activity that sacrifices our service capabilities will be dealt with on a case by case basis. No warranties are implied of any kind, written or suggested. Each customer has a 30 day money back guarantee and no written contracts, thereby each customer is month to month unless otherwise signed by both parties involved.