applies to all individuals, businesses, organizations, resellers, and
end-clients (collectively, “users”) employing any MangoXchange
services, hardware, property or other products.
Use of MangoXchange resources constitutes acceptance of all
policies in effect at the time of use. Modification to this policy may
be made at any time and will be immediately effective upon posted
changes.
MangoXchange reserves the right to protect its resources, users,
and reputation from any activity deemed damaging, offensive or
abusive. To this measure, MangoXchange will act as sole arbiter in
determining violations of this policy.
Provisions:
Use of MangoXchange services indicates the acknowledgment that:
- Users are responsible for the security of accounts, systems,
passwords, etc...and will not hold MangoXchange liable for any
loss or damages caused by exploitation or any other misuse of
MangoXchange resources.
- MangoXchange is not responsible for any damages, anticipated or
otherwise, caused by viewing materials, links, or other content
posted to systems on the local network or linked via this network.
All users agree to indemnify MangoXchange from any claims
resulting from any use of its services.
- Adult content is sanctioned by applicable local and federal
governments/laws. Legal adult content is permitted on all
MangoXchange product lines. The viewing, downloading, or
possession of legal adult content by MangoXchange users and other
Internet viewers, is not governed by MangoXchange policy, and is
left to the discretion of individuals requesting this material.
- MangoXchange may monitor its network and audit systems for any
data or activity indicating potential policy violations.
- MangoXchange reserves the right to remove any account without
prior notice. If MangoXchange deactivates an account due to the
direct or indirect participation of users engaging in illicit
activities, any rights to a refund are forfeited by the
client/reseller in control of the account at the time of the
violation. Furthermore, no refunds for advance payments will be
granted for deactivated accounts. Critical offenses and
involvement in illegal activity will negate any perceived
obligation of MangoXchange to return data.
Abusive Clientele:
MangoXchange may, at its discretion, suspend or terminate the service
of any client/reseller who is financially delinquent,
abusive/harassing to MangoXchange personnel, or causes general
disruption to the operation of the company and service of its users.
Examples of such activity include, but are not limited to:
- verbal or written abuse of MangoXchange personnel (obscene
language, threats, etc.)
- excessive complaints or persistent disregard for alerts,
warnings, and/or notices
- repeated reactivation of abusive users
- consistent errors or administrative changes causing unnecessary
workload
- spamming MangoXchange email addresses, ticket systems, and/or
servers
- frequent late or bounced payments
- issuing chargebacks
- public harassment or derogatory/false/exaggerated
forum/discussion group postings
Abuse of MangoXchange Systems and Resources:
Any damaging or abusive activity, whether unlawful or considered to be
detrimental to the operations of MangoXchange resources, is a
violation of this policy. Any attempt to harm equipment owned by
MangoXchange, or hosted in its facilities, is strictly prohibited.
Violations will result in legal action, to the fullest allowable
extent.
Illegal Usage Restrictions:
Resources provided by MangoXchange may be used only for lawful
purposes. Examples of unlawful content include, but are not limited
to:
- unlicensed hosting of, linking to, or any involvement in the
transmission of copyrighted media, applications, published works,
or any data protected by trade secret, without sufficient rights
to engage in this activity
- child pornography and/or kidnapping material
- content deemed to be terroristic in nature
- material posted to incite violence
- violations of human and animal rights, including the display of
acts of cruelty and other abuse
- pyramid/ponzi schemes
- fraudulent sites and other forms of “phishing”
(emails/forms/sites used to gather personal information from
unsuspecting individuals)
- cracking programs and/or key generators
- violations of import/export restrictions
Prohibited Usage Restrictions:
In addition to activities governed by law, MangoXchange strictly
prohibits:
- IRC and associated applications (including bouncers,
"bots", etc.)
- malware (malicious software) and/or botnets
- automation tools, auto typers, macros and bots used to
circumvent restrictions on games or other applications (e.g.
RuneScape bots)
- network and systems abuse scripts
- circumvention of and/or provision of instructions to circumvent
security measures
- unnecessary port scans
- threatening, harassing, or obscene content
- anonymizers/proxies without password protection and sufficient
logging (including open mail proxies, anonymous web surfing
proxies)
- proxy detection scripts
- unsolicited and/or mass advertising via forums, blogs, comment
forms, and newsgroups
- mail bombing, email address harvesting, and/or unsolicited email
(including bulk mail sent to unconfirmed recipients and individual
unsolicited advertisement or link exchange requests)
- HYIPs (high-yield investment programs)
- excessive overutilization of resource limits
- evasion of bans or blacklistings by changing domains/IPs
*** Links to unacceptable content are also prohibited.
Bulk Email & Blacklisting:
MangoXchange understands that bulk email is an important mechanism for
keeping people informed. However, spamming from the MangoXchange
network, and spamvertising (unsolicited advertising of) sites hosted
on the MangoXchange network, is prohibited. Legitimate bulk email
meets the following criteria:
- ALL recipients have confirmed willingness to be added to a
distribution list by clicking on confirmation links or
(preferably) by responding to verification emails.
- Distributed messages include valid headers, removal
instructions, and information on the method by which the
subscribed addresses were obtained.
The usage of partially confirmed recipient lists is not allowed. All
bulk email senders must post privacy policies and must be clearly
identified to recipients during the subscription and confirmation
process. The usage of third-party distribution lists is prohibited. If
MangoXchange approaches a client for evidence of confirmation, the
request must be honored within 48 hours of the initial spam alert.
Deactivation of an account or service may be required, until proof of
confirmation is provided and approved. MangoXchange reserves the right
to require termination of any services involved in the transmission of
unsolicited email. If any activities lead to blacklisting, the
involved client/reseller may be charged an abuse fee of USD 500.00.
Policy Violations:
Storage, presentation, or transmission of any material in violation of
any laws, or otherwise prohibited by MangoXchange, is cause for
temporary account deactivation, server/service termination, or
complete cancellation of all account services. The MangoXchange Abuse
Dept will make an attempt to contact the involved client via email
when the first sign of a possible violation is noted. This
notification may occur before or after a service is disabled. Alerts
are provided as a courtesy. Prompt responses to alerts are required.
When an alert is sent, the designated abuse contact is responsible for
acknowledging his/her understanding of the offense and providing an
adequate response, to the satisfaction of MangoXchange, within 24
hours of the notice. Failure to sufficiently respond to an abuse alert
will lead to suspension of any active services involved in abusive
activity and will result in a USD 100.00 fee. If reactivation is
warranted, all abuse fees and any outstanding service fees must be
paid prior to service being reactivated. Repeated abuse and/or failure
to respond to abuse alerts will result in service termination.
Note: It is extremely important to ensure that the abuse email
address on record is valid and monitored at all times. This is the
address used for abuse notifications and warnings. The address may be
set within the client management interface.
Direct clients/resellers are fully responsible for any activity
found to originate from products and/or services under their care. In
any case involving unauthorized parties utilizing a MangoXchange
service for abuse, the direct client/reseller is responsible for
locating and stopping all affected applications, until the source of
the problem is found and removed. MangoXchange may opt to disable all
services until the client can perform such an investigation or the
system can be secured or reinstalled. If the support of MangoXchange
is required for the investigation, the client agrees to compensate
MangoXchange at a rate of $100 USD/hour for such service.
Reinstallations are performed at a flat-rate of $50 USD (which does
not include any operating system changes or licensing costs). Direct
clients/resellers are responsible for maintaining secure systems. This
includes, but is not limited to:
- requesting kernel updates
- applying application patches
MangoXchange will not be responsible for securing dedicated servers,
virtual private servers, user accounts/web sites, or third-party
applications. Direct clients/resellers with fully managed support
services, may be entitled to a higher level of support than clientele
with basic management. Further details may be found in the
MangoXchange Managed Services Definition and Backup Policy.
Resource Usage:
Resource usage should be maintained within levels outlined in product
descriptions and/or service contracts. Abuse caused by users or
unauthorized parties may increase resource usage and lead to overage
fees. Overage fees apply to any service utilizing more than its
assigned bandwidth allocation, except for services advertised/sold as
"UNMETERED". Overages will be calculated based on overall
amount of GigaBytes (GB) transferred in a monthly period, unless a
service is sold based on Megabits per Second (MBPS). Services sold by
MBPS, will be calculated via the industry standard 95% method, unless
otherwise specified in the service agreement contract. MRTG or other
bandwidth reports are available, upon request. Bandwidth is supplied
from a shared pool and is not supplied as guaranteed/dedicated
bandwidth, unless advertised as such specifically. Burstable usage of
the UNMETERED service/port is permitted. However, a service that has
heavy sustained usage may have its port capped and the client/reseller
associated with the service may be required to upgrade to a dedicated
service plan. UNMETERED service is supplied on a
"best-effort" basis, which may result in some slowdowns
during peak traffic periods. Should a client/reseller utilize or
require large amounts of bandwidth, beyond the standard bandwidth
allocation, MangoXchange may require a deposit.
Port Usage:
Basic Dedicated & Co-Located servers are installed on 100MBPS
unthrottled ports, unless service is sold with a specified port size (ie.
10MBPS UNMETERED) or specified/requested as a “capped” port.
MangoXchange reserves the right to monitor network usage and throttle
the available speed (if a service significantly exceeds average usage)
to conserve network resources and to prevent any large billing
anomalies. This will generally not include short spikes in usage, but
will include, and not be limited to, sustained transfers of
significantly larger than average amounts of bandwidth. If, at any
time, a client's or reseller's data transfer rate affects other
MangoXchange clientele, MangoXchange reserves the right to throttle
and/or disconnect the service at the source of the problem.
Filtering:
MangoXchange reserves the right to block, filter, or throttle ports
and/or IP address ranges. For example, this may include blocking Port
6667 (IRC), denying access from a known spammer’s IP address range,
or limiting the speed of point-to-point file-sharing programs (Kazaa,
Limewire, eDonkey, etc...). This may also include prioritization of
certain traffic types, such as Voice-over-IP (VOIP) phone call
transmissions.
Shared Hosting:
MangoXchange is pleased to offer unlimited traffic/hits and server
usage to Shared Hosting clientele. “Unlimited traffic/hits” refers
to the number of visitors to a website and NOT the total amount of
bandwidth/data transfer. Each Shared Hosting account is still limited
to the bandwidth/data transfer included with its associated
service/package. To maintain the integrity of our service, the
following usage may be limited/disallowed on Shared Hosting service:
- banner, graphic, or CGI scripts running from the service and/or
being utilized on other domains/websites
- large graphic or download archives/galleries
- large chat room gatherings
If you do not qualify for unlimited traffic/hits, your account may be
required to be upgraded. To reduce the load on a server, MangoXchange
reserves the right to relocate any site to a different server and/or
IP address.
Virtual Private Servers (VPS):
To maintain the integrity of MangoXchange services, any VPS (virtual
private server) utilizing heavy amounts of system resources may be
temporarily disabled. When necessary, clients/resellers may be
required to upgrade the service package to accommodate actual usage.
Additionally, to reduce the load on servers, MangoXchange may relocate
virtual private server containers to different nodes and/or IP
addresses.
Backup Service:
To maintain the integrity of backup services, MangoXchange may
relocate any backup service to a different server and/or IP address in
an effort to reduce the load on the current hosting server.
Download/FTP sites, web-serving (httpd), and/or any usage that results
in heavy upstream/outgoing bandwidth consumption (beyond that of
normal backup operations) is not permitted on the backup service
machines. This service is meant for the backup/restore/sharing/storing
of data and not for usage normally performed by web/database servers.
Idle Timeouts:
MangoXchange may disconnect any idle connection to the network.
Average timeouts are:
- FTP - 300 seconds
- Telnet/SSH - 2 hours
