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Terms of Service

I. Purpose/Overview:
At Meso Networks we strive to provide the client with high quality website hosting that a successful website needs. The following terms of service are in place to ensure the integrity of all services provided by Meso Networks and are vital to the quality of service that Meso Networks offers each account holder, or any other 3rd party who may access Meso Networks network for any authorized purpose.

2. Client Consent to the Terms of Service set Forth:
By requesting an account from Meso Networks or accessing any part of the Meso Networks network for any reason, the client act's as a responsible user who understands the consequences of violating the Terms of Service and agrees to act in accordance with each of the Terms provided below. The client also understands that your continued use of the service constitutes as in agreement to the Terms and Conditions Set Forth. Meso Networks may terminate your account at any time if you fail to comply with these rules.

3. Modifications and Changes:
Meso Networks agrees to make an effort to notify each and every account holder through the primary address on file, Meso Networks reserves the right to modify, update, change and/or revise the Terms of Service at its sole discretion without notice to the client. Unless otherwise stated, changes are in effect upon the posting of such changes. Continued use of the Meso Networks services constitutes as acceptance of such change.

4. Use of Services:
1. The client agrees to use Meso Networks services for lawful purposes only, in compliance with all applicable laws in the province of New Brunswick, Canada and the client's residence.
2. Meso Networks accounts are provided for use in conformance with these Terms of Service. Meso Networks reserves the right to investigate of any suspected violations of these Terms of Service. When Meso Networks becomes aware of any possible violations, Meso Networks may initiate the investigation which may include gathering information from the client, any others involved, and the complaining part, if any, and an examination of the material on Meso Networks`s servers.
3. During an investigation Meso Networks may suspend the account(s) of the client or any others involved and/or remove the material involved from the Meso Networks servers. Meso Networks is not responsible in any way for damages resulting. If  Meso Networks believes that a violation of the Terms of Service set forth has occurred,  Meso Networks may take action at its sole discretion. Such action may include, but is not limited to, temporary or permanent removal of the material from Meso Networks`s servers.  Meso Networks at it's sole discretion will determine what action will be taken in response to the violation of the Terms of Service by a case-by-case basis. Violations of the Terms of Service may subject the client to criminal or civil liability.
4. Meso Networks agrees to perform and provide to the client, services consisting of non-exclusive electronic access to a digital information processing, transmission and storage system to store the clients website and make the site available on and via the internet as specified herein. 
5. Meso Networks shall attempt to provide the services twenty-four hours a day, seven days a week throughout the term of this agreement. The client agrees that from time to time the services may be inaccessible, or inoperable for any reason, without limitation: Equipment Malfunctions, periodic maintenance procedures or repairs which Meso Networks may undertake from time to time, causes beyond Meso Networks`s control which are not reasonably foreseeable by Meso Networks including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or any other failures. The client agrees that Meso Networks has no control of the availability of services on a continuous or uninterrupted basis. 
Meso Networks strives to maintain a 99.8% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by Meso Networks`s monitoring systems or a 3rd party Meso Networks has contracted. If Meso Networks fails to meet it's 99.8% uptime guarantee, and it is not due to one of the exceptions listed below, credits will be made available to each client, upon request on a case-by-case basis. Meso Networks will only credit up to 100% of the monthly fee's of the client's payment. If Meso Networks fails to meet it's uptime guarantee by less than 1% of the monthly figure, a refund of 25% will be given out. If Meso Networks fails to meet it's uptime guarantee by more than 1% but less than 2% a refund of 50% will be given out to the client. If Meso Networks fails to meet it's uptime guarantee by more than 2% but less than 3% a refund of 75% will be given to the client. If Meso Networks fails to meet it's uptime guarantee by more than 3% a 100% refund will be given out to the client.
Customers shall not receive any refund if the uptime guarantee is not met due to one of the following failures.
1. Circumstances beyond reasonable control, including, but not limited to, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God," strike or any other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supply, or power used in or equipment needed for provision of the Terms of Services.
2. Telco Failure
3. Backbone peering point issues.
4. Scheduled Maintenance for hardware/software upgrades.
5. Hardware/Software Failure.
6. Software bugs/flaws.
7. DNS Issues not within direct control of Meso Networks
8. Network floods, hacks, attacks for an outside party or individuals.
9. Failure or error of any Meso Networks monitoring or measurement system.
6. Adult/Pornographic Content is not allowed on Meso Networks servers, this includes sites that may allude to sexual content and/or links to adult content elsewhere. Child pornography of any kind is strictly prohibited and will be reported to the authorities if found. Meso Networks reserves the right to determine what violates this policy.

5. 15 Day Money Back Guarantee:
1. Shared Hosting : 15 day money back guarantee policy
You may cancel your shared hosting plan within the first 15 days and receive a full refund of the hosting portion of your payment if you are not completely satisfied. After the first 15 days, you may cancel at any time. However, your cancellation will be effective as of the next billing date. Previous clients are excluded from the guarantee.

2. Reseller Hosting : 15 day money back guarantee policy
You may cancel your reseller hosting plan within the first 15 days and receive a full refund of the hosting portion of your payment if you are not completely satisfied. After the first 15 days, you may cancel at any time. However, your cancellation will be effective as of the next billing date. Previous clients are excluded from the guarantee

3. VPS Plans: No money back guarantee due to limited availability
Due to limited availability, Virtual servers do not offer a 15 day cancellation policy. We also require a 30 day advanced noticed to cancel a VPS plan.

6. NO-SPAM Policy:
The account holder shall not use, nor recklessly or knowingly permit others to use any part of the Meso Networks network to send unsolicited messages of any kind, regardless of the content and nature of the messages.

7. Prohibited Software: The following software is NOT allowed on the Meso Networks servers due to a number of issues. The list is not complete or comprehensive, and additional software may be added without notice. In most cases if a user is found to be using prohibited software, a notice will first be sent out. In rare cases, it may not be possibly for a timely notification to be sent out, and immediate suspension may follow.
A. Ikonboard
B. YaBB
C. UBB

8. Network/Server Abuse through Flooding:
Flooding is strictly prohibited on Meso Networks servers. Flooding can be done through numerous ways, and is not limited to, ICMP Flooding, Mail Bombing, Fork Bombing, Mail Mailings, CTCP Flooding, as well as other methods.

10. Users found to be running programs such as packet sniffers, password crack programs and other similar utilities on their account will be terminated immediately. This also includes any attempts to compromise servers outside of  Meso Networks`s network.

9. Abuse of System Resources:
If a user is found to be using an excessive amount of system resources for a large amount of time, the user's may be suspended for the well being of other users. This is not limited to, but includes, network bandwidth, hard drive space, memory usage and processor usage.
10. Unauthorized Daemons are strictly prohibited. An unauthorized daemon is any process that continuously runs in the background that has not been started by Meso Networks and does NOT have the written consent of Meso Networks to operate. Programs that open listening sockets, whether TCP, UDP, Or Unix are forbidden.
11. File sharing networks are strictly prohibited due to the close relationship with illegal activities. File sharing/trading/exchange networks include, but are not limited to IRC, Usenet, Kazaa, Gnutella, Bit Torrent.
12. Bots are strictly forbidden from the Meso Networks network. This includes IRC Servers, IRC Bots, proxies, anonymizers and content spiders.

V: Payment Policies.
1. The client acknowledges, agrees to and assumes full responsibility for making timely payment to Meso Networks Timely payment includes keeping the account and billing information up to date. It is the Client's responsibilities to timely notify Meso Networks of any changes in the client's information.
2. Meso Networks gives a customer two weeks over payment deadline, and if payment is not received within that time, the account may be suspended.
3. In the event that a client chooses to cancel service from Meso Networks, the client must cancel through the following methods;
A. By submitting a ticket to our billing department.
The following information will be required when cancelling your account.
A. Your Full Name
B. Website Address
C. Website Username
D. Website Password
Cancellations must be received 30 days before the next bill is due. In the event that the cancellation comes with less than 30 days before the next bill, the bill will be charged at the FULL rate. In the event that the client has been a client for less than 30 days a full refund will be given. This does not include domain registration fee's or any other fee's that may be associated with the account
4. Meso Networks`s packages and/or pricing may change at any time. However, all clients that have signed up before the price change WILL BE grandfathered in to the old pricing scheme. The price changes will only effect new clients.


VI: Meso Networks reserves the right to refuse or cancel service at it's sole discretion.

VII: Indemnification: You and your agents agree to defend, indemnify and hold harmless Meso Networks and its Affiliates from and against any and all losses, liabilities, expenses and damages of every kind and nature, known and unknown, suspected and unsuspected, including legal fees and costs, incurred in connection with any claim arising out of, resulting from or relating or in any way connected to your account, breach of these Terms or use of any service, product, information or materials offered or provided by or obtained from Meso Networks or its affiliates.

VIII: Disclaimer of Warranties: USE OF Meso Networks SERVICES AND PRODUCTS IS AT YOUR SOLE RISK AND ALL SERVICES, PRODUCTS, INFORMATION AND MATERIALS PROVIDED BY Meso Networks OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, SERVICE PROVIDERS, LICENSORS OR OTHER AFFILIATED THIRD PARTIES (COLLECTIVELY, "AFFILIATES") ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Meso Networks DOES NOT WARRANT THAT ITS SERVICES, PRODUCTS, INFORMATION OR MATERIALS ARE ACCURATE, RELIABLE, CORRECT, VIRUS-FREE, ERROR-FREE OR WILL NOT BE INTERRUPTED FOR ANY REASON. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IX: Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL Meso Networks OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF, RESULTING FROM OR RELATING OR IN ANY WAY CONNECTED TO THE USE OR PERFORMANCE OF, OR INABILITY TO USE, ANY SERVICE, PRODUCT, INFORMATION OR MATERIALS OFFERED OR PROVIDED BY OR OBTAINED FROM  Meso Networks OR ITS AFFILIATES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF Meso Networks AND ITS AFFILIATES, COLLECTIVELY, TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ON ANY OTHER BASIS, EXCEED THE TOTAL PAYMENTS MADE BY YOU DURING THE TWELVE MONTHS PRECEDING THE MONTH IN WHICH THE ALLEGED LIABILITY WAS INCURRED, EVEN IF Meso Networks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU OR MAY BE LIMITED TO THE EXTENT PERMITTED BY LAW.


Last Modified: November 30th, 2007