This Mystic Dreams Enterprises Acceptable Use Policy/Terms of Service ("AUP/TOS") describe the proper kinds of conduct and prohibited uses of Mystic Dreams Enterprises' hosting services (the "Services"). This AUP is not exhaustive and Mystic Dreams Enterprises reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at www.mysticdreams.net. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as Mystic Dreams Enterprises deems appropriate.

     IMPORTANT NOTE - Mystic Dreams Enterprises has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined below.

     Shared Server Abuse

     Any attempt to undermine or cause harm to a server, or customer, of Mystic Dreams Enterprises is strictly prohibited.

     Unauthorized use of other people's accounts or computers Mystic Dreams Enterprises will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

     Any unauthorized use of accounts or computers by a Mystic Dreams Enterprises customer, whether or not the attacked account or computer belongs to Mystic Dreams Enterprises, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

     Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Mystic Dreams Enterprises to be unacceptable use of Mystic Dreams Enterprises' services including abuse of server resources.

     All hosting accounts may be terminated that include the following content or which have links to the following content:

1. Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
2. Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
3. Displaying material that exploits children under 18 years of age.
4. Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
5. Exporting encryption software over the Internet or otherwise, to points outside the United States.
6. Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
7. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software. Any account that is deactivated by the abuse team will be charged the following reactivation fees:
   • 1st offense - $100.00
   • 2nd offense - $250.00
   • 3rd offense - $500.00 + Account termination

     This fee will only be waived if it is determined by the abuse team that the account was disabled without cause.

     Abuse of Unlimited Traffic

     Mystic Dreams Enterprises' customers are privileged to be offered unlimited traffic for their web sites. The intention of Mystic Dreams Enterprises is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on Mystic Dreams Enterprises' server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of Mystic Dreams Enterprises management. Any customer who violates Mystic Dreams Enterprises' Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.

     To maintain the integrity of our shared hosting service the following limitations apply:

• Sites with banners, graphics or cgi scripts running from their domain used on other domains.
• Sites with picture galleries (This is any site where 50% of the files transferred is graphics).
• Sites offering download files or archives (This is any site where 50% or more of there monthly traffic is from file downloads).
• Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).
• Sites acting as document repositories or document storage/backup services.

     Traffic will go unmonitored until you reach 5 GB per month. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages you must contact Mystic Dreams Enterprises for further instructions.

     You will have 7 days to pay for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice. Failure to pay in no way relieves the user's obligations to make full payment.

     Mystic Dreams Enterprises will be the sole arbiter as to what constitutes a violation of this provision.

     Unsolicited Email (Spam)

     Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.

     Mystic Dreams Enterprises takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

     The following activities are not allowed:

• Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
• Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
• Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
• Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
• Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
• Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.

     Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through Mystic Dreams Enterprises (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

     Penalty: Depending on the severity of your SPAMMING, Mystic Dreams Enterprises reserves the right to charge you between $1.00 - $100.00 PER SPAM sent through our network. Your web site content will also be confiscated and it will be NEVER returned to you.

     CGI Scripts

     Each shared Unix web hosting account comes with its own cgi-bin, in which you are free to use any *CGI scripts you wish.

     *See the Server Resource Abuse section.

     Server Resource Abuse

     Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.

     Child Pornography

     Our policy on child pornography is zero tolerance! Mystic Dreams Enterprises will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Mystic Dreams Enterprises network, and will be liable for illegal material posted by their clients.

     According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

     Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

     Chat Rooms

     We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the Mystic Dreams Enterprises Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

     Abuse of SMTP Mail Server

     We do not allow clients to send more than 100 pieces of e-mail per day from a shared hosting account. If you do send more than 100 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 100 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server.

     Background Running Programs

     We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

     IRC

     We currently do not allow IRC IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.

     Current Contact Information

     Current customers must provide Mystic Dreams Enterprises with, and keep current and up to date, good contact information including full address, email, phone, and fax numbers. Mystic Dreams Enterprises uses contact information to reach customers during network emergencies, server downtime, maintenance windows and in case there are billing issues with your account. Failure to keep contact information up to date could lead to temporary account suspension until the information is updated.

     Abuse of Bandwidth Allotments

     Mystic Dreams Enterprises' customers are privileged to be offered large amounts of bandwidth and monthly transfer to their servers. The intention of Mystic Dreams Enterprises is to provide large bandwidth allotments to businesses and consumers to serve as connections for their web sites and web documents ("normal usage," and not for off-site storage areas for electronic documents and files. All (90%) of your web pages (.html) must be 'linked' with files (.GIF, .JPEG, .WMV, .RA, etc.) stored on Mystic Dreams Enterprises' server. Web sites that are found to contain either /or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of Mystic Dreams Enterprises management. Any customer who violates Mystic Dreams Enterprises' Policies in abusing bandwidth allotments and site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.

     To maintain the integrity of our hosted accounts the following account limitations apply if your site is not deemed as "normal usage:"

Servers that contain:

• Sites with banners, graphics or cgi scripts running from their domain used on other domains.
• Sites with picture galleries (This is any site where 50% of the files transferred is graphics).
• Sites offering download files or archives (This is any site where 50% or more of there monthly traffic is from file downloads).
• Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).
• Sites acting as document repositories or document storage/backup services.
• Sites where 30% or more of the files or graphics are linked to by outside off-network third-parties.

     Excessive Use/Overages

     You will not exceed the bandwidth, storage and E-mail usage limits outDedicated lined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, Mystic Dreams Enterprises may, in its sole discretion, assess you with additional charges. If Mystic Dreams Enterprises elects to take any corrective action, Mystic Dreams Enterprises will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth overages are currently billed at $15/GB/month. Disk space overages are currently billed at $.50/MB/month. Email attachments overages are currently billed at $.20 per email over 10MB.