Media Basics, Inc. is able to provide customers with unmatched speed, power and performance only by ensuring that all system policies are enforced.

It is the responsibility of all Media Basics, Inc. customers to read and abide by our system policies. Below are the five policies that all customers acknowledge reading and agreeing to:

• Appropriate Usage Policy
• Spam / UCE Policy
• CGI Scripts Policy
• Bandwidth Usage Policy
• Billing Policy
• Web Hosting Support

Appropriate Usage Policy

1. Media Basics, Inc. reserves the right to refuse service or cancel existing accounts for any reason at any time. In the event of an account cancellation by Media Basics, Inc. or the customer, Media Basics, Inc. will not issue a refund unless otherwise agreed to by Media Basics, Inc. prior to cancellation.

2. Media Basics, Inc. reserves the right to change fees at any time.

3. Media Basics, Inc. is not responsible for lost revenue, traffic, or data caused by server down-time or failure, domain name transfers, or any other error - mechanical or human.

4. Customers of Media Basics, Inc. are forbidden from partaking in any "abusive practice." The following is a list of current abusive practices. Media Basics, Inc. reserves the right to add to or modify this list at any time.

Sending unsolicited commercial e-mail with your account is a violation and is incurred if any unsolicited email is reported relating to your domain with us in anyway, regardless of what SMTP (outgoing mail server) was used to transmit the message.

Upload, posting or reproducing in any way materials protected by copyright without the permission of the copyright holder is a violation.

Participating in an abusive practice will lead to an immediate account termination without prior notice or refund of any pre-payment.

5. Customers of Media Basics, Inc. are bound to all system policies listed within this agreement. Violation of any of these system policies will result in an immediate account cancellation without refund or access to hosted files.

6. Media Basics, Inc. hosting services may only be used for lawful purposes. Transmission of any material in violation of any U.S. or any state regulation is prohibited. This includes but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.

The client specifically agrees to indemnify and hold harmless Media Basics, Inc. from any claim resulting from a breach of these terms, and/or the use of the service which damages another.

7. This agreement shall be governed by the Laws of the State of Texas. Any action in regard to this agreement or arising out of its terms and conditions shall be instituted and litigated in the State of Texas District Court for Nueces County. Each of the parties consents to jurisdiction in such Court and agrees that service of process as provided by the statutes and rules of civil procedures of Texas shall be sufficient.

8. This agreement constitutes the entire agreement between the parties hereto. Media Basics, Inc. reserves the right to make changes to these policies at any time without notification to customers.

Spam / UCE Policy

Growth of the Internet has brought about more possibilities for abuse of this new communications medium. Media Basics, Inc. has developed the following policies regarding abuse of Internet services. These policies were established to protect you, our customer, from Internet harassment and intrusions of privacy.

"Netiquette" is generally defined as the standards or practices an individual or organization engages in to insure responsible Internet citizenship on their behalf, as well as refraining from standards or practices which would impose undue financial, time, or social constraints on other users of the Internet. Every facet of the Internet is overseen by individual organizations (such as Media Basics, Inc.) whose networks are interconnected to form the Internet. Every user of the Internet is responsible for their own behavior.

The Internet is simply an interconnected set of similar networks, each entity using the Internet assumes some liability for the cost associated with traffic and storage. When the costs of storage space and transmission are all figured together, a single posting can cost the collective Internet thousands of dollars! There are similar costs associated with the bandwidth required to transmit e-mail. A customer using e-mail or news postings for abusive purposes can create a large financial impact on the individual networks involved.

Individuals have fallen victim to some sort of Internet abuse have other costs including decreased effectiveness of the Internet. Someone besieged by SPAM e-mail (a massive bulk e-mail message to subscribers who did not indicate any desire to receive such e-mail) spends additional time downloading and responding to e-mail which was not requested in the first place.

When a Media Basics, Inc. customer performs one of these abusive activities, Media Basics, Inc. pays the price as well. The additional time Media Basics, Inc. employees spend responding to complaints could be better spent providing other services. In particularly some incidents, angry Internet users have been known to "mail bomb" an ISP by setting up programs to send so much e-mail that the ISP’s mail server crashes thereby denying e-mail access to every customer of the ISP. Our system is robust enough to escape most of these types of activities. Media Basics, Inc. cannot escape every undesirable activity.

Due to the potential consequences of this type of activity, Media Basics, Inc. disapproves of this type of behavior by its customers. Any Media Basics, Inc. customer who abuses the resources of the Internet in any of the following ways will lose their access to the Media Basics, Inc. network permanently. This includes:

1. Excessive posting of e-mail to Internet users who previously have not indicated a desire to receive such e-mail;

2. Using the Media Basics, Inc. network for any illegal purpose.
If the subject of Internet abuse is still unclear, please see one of the following URLs:

http://marketing.tenagra.com/rfc1855.html
http://www.oak-ridge.com/ibbch4p1.html
http://www.vix.com/spam/

Any subscriber who violates the SPAM policies of Media Basics, Inc. will be charged $125.00 per hour (one hour minimum charge) for the time it takes to "clean up" the SPAM. This shall include but not be limited to the time required to answer mail from recipients of your SPAM and/or repair any damage to the server due to the mail program locking up, "mail bombing" or other actions of the recipients in response to the SPAM.

Media Basics, Inc. will turn provide the name and personal information of any person found to be in violation of any laws to the appropriate state and/or federal officials for further legal action.

CGI Scripts Policy

Our servers are not to be used as your testing platforms. Customer accounts are on high end, live server responsible for maintaining many accounts. Your server space is being provided to display your finished product to the web - NOT for application or script testing. If you are uploading a script to our server, you acknowledge that you have already tested your script elsewhere and that you know how to install the script. Any script that the server administrator deems to be potentially threatening to the overall performance of our web server will be terminated immediately and your account access could be subject to suspension or terminated without refund of any pre-paid fees. Termination includes the purging of all customer files.

Any time spent by Media Basics, Inc. to kill a script and/or to lock an account will be billed to the account at a rate of $65.00 per hour (one hour minimum charge). Malicious scripts are subject to immediate Account cancellation.

Please note the following cgi script usage policies:

The script must use low system resources. Scripts that consume a large amount of server memory or CPU power will be subject to account review, possible mandatory upgrade to dedicated server and/or additional fee.

Each user account may not use more than 1% of system resources at any given time. Scripts may not interact with any server configuration or hardware. Users running scripts that interact with any server configuration or any hardware will be subject to account review, possible mandatory upgrade to dedicated server, and/or additional fee.

The script can be used and referenced from any site on the Net (i.e. free counters, etc.); however, scripts must stay within the allowable usage of our system resources. Users using more resources than a single user account is entitled to use will be subject to account review, possible mandatory upgrade to dedicated server, and/or additional fee.

The script must be executed in a timely fashion. Any script that uses the processor for more than a few milliseconds is subject to removal by system administrator.

Scripts must be secure. Unnecessarily setting permissions (chmod) of scripts to 777 is a policy violation. Placing scripts in a publicly viewable directory (one without an index.html files) is a policy violation and is subject to removal by system administrator.

Any accounts with scripts found in violation of any Media Basics, Inc., policy are subject to future scrutiny of all cgi by our system administrator. If a script is found to be harmful to the system, it will be killed immediately and the account locked until the account owners have been contacted. Any time spent by Media Basics, Inc. to kill a script and/or to lock an account will be billed to the account at a rate of $65.00 per hour (one hour minimum).

Malicious scripts are subject to immediate account cancellation.

Bandwidth Usage Policy

The official Media Basics, Inc. policy is to provide enough monthly bandwidth so that any site using normal resources will be able to perform without a problem. If a site uses over it's allotment of bandwidth for its type of account, the customer’s type of account will automatically be upgraded and the customer charged the upgraded account type charges.

The customer will be e-mailed a notice once an upgraded account type is assessed to the customer. Warnings will not be sent to notify customer that the limit has been reached or exceeded. This term and condition is non-negotiable.

Billing Policy

All customers of Media Basics, Inc. must abide by all the terms set forth in this and all other policies. Violation of any of these terms can and will result in the immediate termination of an account with no refund including any pre-payment. Billing payment is due the first of the month. Prices are subject to change in the future, but are guaranteed through customers pre-paid billing period.

1. Payments via Credit Card:
Media Basics, Inc. accepts payment via Master Card, AMEX, Visa and Discover card. Usage of a credit card indicates an authorization to cover all future monthly or pre-arranged payments fees. Credit cards will be charged within the first week of the new calendar month.

2. Payments via Check:
Media Basics, Inc. accepts payments via check. For accounts paying by check, payment equivalent to the monthly or pre-arranged account fees must be received at our office before the order will be processed. All invoices are sent via email, unless specifically requested to send via US Postal Service by customer, on approximately the fifteenth of each month. Payments are due no later that the 10th of the each month. Customers are responsible for paying their account even if they do not receive their invoice via email or in the U.S. Postal Mail. If payments are made later than the 10th of each month, there will be an additional $10.00 late fee added to the next billing cycle.

3. Payments via International Checks:
Media Basics, Inc. accepts payments via International checks paid in U.S. funds – check must note payment in U.S. funds on check. Checks that are written that do not draw from a U.S. bank will have processing fees imposed by the banks. Processing fees imposed by the bank will be billed to the customer.

4. Late Payments:
When customer payments are late, the account(s) will be suspended on the 15th of the month and cancelled at the end of the month if there is no payment made. The customer will have the option of reactivating the account after paying the full amount of the invoice due and an additional fee of $15.00 will be assessed for reactivation. The reactivation fee is non-negotiable.

5. Accounts with Non-Usable credit cards: 
Credit cards on file are non-usable when any of the following occur:

a. The card has expired;

b. The card declines our charges for any reason;

c. The card is reported lost or stolen;

d. The card is declared invalid by our processing system.
If a credit card payment fails, the customer will be sent an e-mail and postal notice with 15 days to rectify the situation either with a new payment method or by updating the credit card information. The customer’s account(s) will be suspended on the 15th of the month and cancelled at the end of the month if there is no payment made. The customer will have the option of reactivating the account after paying the full amount of the invoice due. An additional fee of $15.00 will be assessed for reactivation. The reactivation fee is non-negotiable.

6. Frequently Delinquent Policy:
Media Basics, Inc. considers a customer to be "frequently delinquent" after the third past due or credit card problem notice within any one year period. Customers who become "frequently delinquent" are required to have a positive account balance at all times to receive continued service. On the 30th day of any month, a "frequently delinquent" customer must have enough money in his/her account to cover the next month’s hosting fee. When a "frequently delinquent" customer fails to have sufficient funds to pay for the next month of service, the account will be suspended immediately and the account will remain suspended until the end of the month and cancelled if there is no payment made. This policy applies to all payment methods. This policy is non-negotiable.

7. Cancellation Policy: 
A cancellation will only be accepted if it is done by one of the following methods:

a. When customer payments are late, the account(s) will be suspended on the 15th of the month and cancelled at the end of the month if there is no payment made.

b. The customer must submit his/her virtual authorization by requesting cancellation via email to: cancellation@rackmonster.com
The request must include the following information:
Account name and password
Cancellation request

c. The customer must fax a cancellation request to 361-937-7689. 
The request must include the following information:
Account name and password
Cancellation request
Signature of account owner

When a cancellation request is made, the technical department will immediately remove all configuration information as well as all contents of the account. Media Basics, Inc. will remove all files. This will include unread e-mail left on Media Basics, Inc. servers.

8. Refund Policy:
If an account is canceled within the first 30 days of service, the customer will receive a full refund of all account fees except overages. This 30 day policy shall include the 30th day. Any over usage fees including but not limited to additional bandwidth will not be refunded.

9. Refunds after the first 30 days:
All service rendered to date will be billed and must be paid in full.

10. Billing Records:
The customer is responsible for keeping records current at all times. Media Basics, Inc. is not responsible for actions that are taken as a result of customer’s failure to respond to Media Basics, Inc. notifications.

Web Hosting Support

For Support please use a contact below:

• ICQ us at: ICQ#21853915  or  ICQ#37437543
• e-mail:  support@rackmonster.com
• Fax:  361-937-7689
• Phone:  361-937-7337
• Emergency Cell Phone:  361-739-7906

You can submit billing information changes to Media Basics, Inc. via email to:
sales@rackmonster.com or fax to 361-937-7337. Any fax must include the main account user name / password as well as. You may also fax an update signature of the account owner.