General Usage:

Services may only be used for lawful purposes. Transmission, storage or displaying any information, data or other material in violation of any United States Federal, State, County or City law is strictly prohibited. This includes, but is not limited to:
Copyrighted Materials
(which you do not have written permission from the copyright holder)
Pirated Software
Hacking / Cracking related sites or software
Warez Materials
Copyrighted MP3 files
Pornography or other adult related material
Sexually related materials (products, services, banners)
Links to any above materials

Sites found to contain any prohibited materials may be canceled immediately without warning and will not be eligible for any refund. We retain the final decision as to what constitutes a violation of this policy. We may, at our discretion, report and forward any suspected materials to a variety of police agencies, including, but not limited to the Software Piracy Association, the FBI and other local, state or national police agencies as we deem necessary. We will cooperate fully with official investigation by any recognized law enforcement organization.

Sites whose primary purpose is for the file distribution or site mirroring are prohibited.

Email / Spam / UCE

MCOL.COM maintains a "zero tolerance" for spam and UCE. Spamming or "UCE" (Unsolicited Commercial E-mail, which does not necessarily need to be commercial in nature, however) is the sending of unsolicited e-mail to any person or persons the sender does not know or have prior explicit consent to send the message(s) to. Using fictitious e-mail addresses of any domain housed on our network is forbidden. Unsolicited e-mail of any type (to e-mail addresses or newsgroup postings) is classified as UCE.

UCE referencing sites on our servers in any manner (as originator, intermediary, destination or reply-to address) is STRICTLY PROHIBITED and your account may be terminated without notice or refund if you send UCE through our network or your site on our network is referenced in UCE. In addition, we reserve the right to impose a minimum $250 fee for each reported unsolicited e-mail. Additional charges may apply for administrative work or any penalties incurred by MCOL.US or it's up line providers for abusing our services.

Opt-Out mailing lists are strictly prohibited. This includes any lists or databases purchased or otherwise obtained from third parties, as the persons on such lists did not specifically solicit mail from you. Any mailing lists you maintain must be true opt-in in nature. This requires a user to specifically request to be added to your mailing list. Having to unsubscribe from mailing lists during product registration and similar sign up forms is not classified as opt-in, but rather opt-out, which is in violation of this UCE policy. In addition, any opt-in mailing lists must include an automated unsubscribe facility where clicking on a link within the e-mail will automatically and immediately unsubscribe users from lists. Reply-to e-mail addresses to unsubscribe are known to be ignored and are unreliable, therefore not permitted within our UCE policy.

Any violation of this policy may result in the immediate termination of your e-mail service and/or your entire account without notice at our sole discretion. No refunds will be issued for accounts canceled for sending or being referenced in UCE. We reserve the right to refuse or cancel service of known spammers. We may also notify any confirmed UCE to other service providers used or referenced in the transmission of UCE, as well as law enforcement agencies when appropriate.

Bottom-line -- UCE will not be tolerated! UCE violations can be sent to abuse@MCOL.US.

Right to Cancel

MCOL.US reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable. MCOL.US will not refund any shipping or handling fee, set up fees, installation fees, satellite or wireless equipment purchased, etc. Cancellations after the first of the month will be charged for that month.

No Confidentiality

Information transmitted through MCOL.US and through the Internet in general is not confidential. MCOL.US can not and shall not guarantee privacy or protection of any User. MCOL.US reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of MCOL.US.

Customer Information

Unless required by court order, subpoena or other legal request, MCOL.US will not share any information with any third party. We respect and protect your privacy.

Non-transferable

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service

If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No System Backup

MCOL.US is not required to perform system backups on any User's account(s). MCOL.US shall not be held responsible for any lost e-mail data, e-mail attachments, or any e-mail message contents, Web data, Web files, or any Website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, MCOL.US will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Failure to Comply With Terms and Conditions

MCOL.US may deny User access to all or part of the Service without notice if User engages in any conduct or activities that MCOL.US in its sole discretion believes violates any of the terms and conditions in this Agreement. If MCOL.US denies User access to the Service because of such a violation, User shall not have the right (1) to access through MCOL.US any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through MCOL.US, and MCOL.US shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Excessive Usage

User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to the MCOL.US system for periods exceeding (5) five hours, in any single continuous session. User authorizes MCOL.US to enforce these restrictions by appropriate software and network measures, automated and manual.

User agrees that they will be limited to 400 hours of access per month using our local approved access network. Otherwise, account will require an upgrade to a dedicated connection account, or the hours will vary by network from 150 hours to 400 hours. If a customer exceeds the hourly limit, their account will be temporarily disabled until the first of the next month. The timezone used for determination of hours will be EST time.

CGI, ASP, Cold Fusion, and other scripts may cause excessive usage (system resources and/or bandwidth) which will detrimentally effect other sites on our network. Client takes full responsibility for all scripts executed from their account - regardless how the script was obtained. Any account found to be using excessive usage may be suspended or terminated without warning. When possible, advanced warning will be provided, however if the excessive usage is deemed to be causing immediate harm to our servers or network, no warning will be provided. Clients will need to make acceptable arrangements (typically removal of the offending script) with MCOL.US prior to the account being reinstated. Repeated excessive usage will result in the account being canceled without the possibility for reinstatement or refund.

Bulletin Boards (such as the Ultimate Bulletin Board) are known to use excessive resources. If you expect to host a highly used bulletin board script, you may want to consider moving to a dedicated server to prevent potential account suspension or cancellation. Chat scripts are not allowed on our shared servers due to their known resource demands. MCOL.US retains sole discretion over what constitutes excessive usage.

Server Abuse

Any attempt to cause harm or hack into our servers in any manner is strictly prohibited and we will pursue any user attempting to illegally access our servers. All evidence will be turned over to the FBI or other law enforcement agencies.

Subdirectories / Breaking Up of Sites

Any subdirectory that seems to be a site within an existing site is strictly prohibited. MCOL.US has the discretion to determine whether or not a sub directory requires an additional account. The breaking up of one account to multiple accounts via subdirectories is strictly prohibited. MCOL.US can suspend a site without notice and charge a $75 reconnection fee if we are forced to shut down a site that doesn’t comply with this rule. This holds true even if it is found out that the customer is not reselling these subdirectories.

Overages

If a customer is using more than what he/she signed up for, MCOL.US reserves the right to charge the customer overages. Invoices will be sent to the customer. MCOL.US reserves the right to go back twelve (12) months for overages. Overage rates for bandwidth are $15 per GB. Overage rate for space is $20 per 50 MB per month.

Commerce on the Web

Through your uses of the MCOL.US service, you may have opportunities to sell merchandise or services to subscribers to the MCOL.US service and users of other communications outlets such as the Internet. You further acknowledge that all transactions relating to merchandise or services offered by you through the MCOL.US service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers. MCOL.US and its affiliates make no warranties or representations whatsoever with respect to your goods and services, or with respect to the qualifications of any third party purchaser.

--------------------------------------------------------------------------------

DIGITAL CONTENT LICENSE AGREEMENT

PLEASE READ CAREFULLY BEFORE DOWNLOADING THE DIGITAL CONTENT (AS DEFINED BELOW). THIS LICENSE AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND MCOL.US ("MCOL.US", "WE" OR "US"), A PROVIDER OF WEB HOSTING, E-MAIL, AND ELECTRONIC COMMERCE SERVICES"). WE ARE NOT IN A POSITION TO OFFER GUIDANCE ON EACH INDIVIDUAL USE OF THE DIGITAL CONTENT. PLEASE CONSULT INDEPENDENT LEGAL RESOURCES IN CASES WHERE YOU ARE UNCERTAIN ABOUT INTENDED USAGE. SUPPLEMENTARY RIGHTS MAY NEED TO BE ACQUIRED IN SOME CASES.

A. ACCEPTANCE:

YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS LICENSE AGREEMENT;
IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT TO MCOL.US THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY; AND
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD THIS DIGITAL CONTENT.

B. LICENSE:

Through our Services, you may be provided with objects as well as images, photographs, templates, animations, video, audio, music, text and "applets", and "online" or electronic documentation (together called the "Digital Content").
You may use, and publish the Digital Content in accordance with the terms of this License Agreement.
Any supplemental software code and supporting materials provided to you as part of support services for the Digital Content shall be considered part of the Digital Content and are subject to the terms and conditions of this License Agreement.
The copyright and all other rights to the Digital Content shall remain with our licensors.

C. PERMITTED USE OF DIGITAL CONTENT:
YOU MAY incorporate the Digital Content into your own original work and publish your work in a web site provided that:
The Digital Content is incorporated for viewing purposes only and no permission is given to download or save the Digital Content for any reason; and
You continue to pay for our Services.

D. UNAUTHORIZED USES OF DIGITAL CONTENT:
YOU MAY NOT:
Post web pages containing the Digital Content on servers other than those owned or operated by MCOL.US or our suppliers;
Use the Digital Content for any purpose, if you no longer pay for our Services;
Use the Digital Content to create printed or "hard copy" documents;
Use the Digital Content in electronic format, on-line or in multimedia applications unless the Digital Content is incorporated for viewing purposes only and no permission is given to download or save the Digital Content for any reason;
Use the Digital Content in Web page design whereby the Digital Content is in a format designed or intended for storage or re-use by others;
Use or permit the use of the Digital Content or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Digital Content or any part thereof;
Use the Digital Content with images of identifiable individuals, products or entities in a manner that suggests their association with or endorsement of any product or service;
Create scandalous, obscene, defamatory or immoral works using the Digital Content, nor use the Digital Content for any other purpose which is prohibited by law;
Translate, reverse engineer, decompile, or disassemble the Digital Content;
Rent, lease, assign, transfer or redistribute the Digital Content or a copy thereof, to another person or legal entity; or
Use the Digital Content or make copies of it except as permitted in this License Agreement.

E. TERM:

This License Agreement shall remain in effect only for so long as you:
1.) Are in compliance with the terms and conditions of this agreement; and
2.) Pay for the Services provided by MCOL.US.
You agree, upon termination, to cease using and destroy all copies of the Digital Content.
Section D above and the Limitations of Warranties and Liability set out below shall continue in force even after any termination.

F. LIMITATION OF WARRANTIES AND LIABILITY:
THE DIGITAL CONTENT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE DIGITAL CONTENT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR ONE MONTH'S ACCESS TO OUR SERVICES. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

G. INDEMNIFICATION:
YOU SHALL INDEMNIFY MCOL.US, OUR LICENSORS, PROVIDERS, SUPPLIERS OR AFFILIATES AGAINST ANY LOSSES, EXPENSES, COSTS OR DAMAGES INCURRED BY ANY OR ALL OF THEM AS A RESULT OF YOUR BREACH OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, OR YOUR UNAUTHORIZED USE OF THE DIGITAL CONTENT AND RELATED RIGHTS.

H. U.S. GOVERNMENT RIGHTS:
With respect to any acquisition of the Digital Content by or for any unit or agency of the United States Government (the "Government"), the Digital Content shall be classified as "commercial computer software", as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense ("DoD") FAR Supplement (the "DFARS"). The Digital Content was developed entirely at private expense, and no part of the Digital Content was first produced in the performance of a Government contract. If the Digital Content is supplied for use by DoD, the Digital Content is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as amended or applicable. If the Digital Content is supplied for use by a federal agency other than DoD, the Digital Content is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as amended or applicable.

I. GENERAL:

In the event that MCOL.US notifies you that certain components of the Digital Content may no longer be used (for whatever reason), then such components cannot be used as part of a web site design or template layout, nor can they be used in any other larger work. If you receive such notification, you agree to cease using and destroy all copies of those components of the Digital Content identified by MCOL.US in your possession or control.
This License Agreement is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.
This License Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable.
If any provision of this License Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License Agreement and the other provisions shall remain in full force and effect.

--------------------------------------------------------------------------------

TERMS OF SERVICE

1. APPROPRIATE USE OF THE SERVICES.

MCOL.US shall be entitled to immediately terminate this Agreement if MCOL.US determines that your account is in violation of portion of its Acceptable Use Policy

2. PAYMENT OBLIGATIONS

All services provided by MCOL.US are due and payable in advance. MCOL.US has ZERO TOLERANCE for delinquency. Past due accounts are subject to immediate termination and subsequent service re-establishment fees. Any account which reflects a past due amount is subject to termination of any or all services, regardless of prepayment of any other particular service.

Additionally, to reestablish terminated service will require a reconnect fee of up to $75 per domain or access user. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event MCOL.US utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of MCOL.US attorneys' fees and costs in the collection of these sums.

MCOL.US reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

If Client terminates this Agreement, Client shall be responsible for any outstanding fees owed to MCOL.US and agrees to pay any and all fees incurred by Client. Clients who subscribe to services billed on a monthly basis will not be eligible for refunds of any kind.

3. CLIENT LIABILITY AND INDEMNIFICATION

The parties agree that in no event shall MCOL.US be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless MCOL.US from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

4. TERM, TERMINATION, REINSTATEMENT

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party.

5. TAXES

Client will pay and indemnify and hold MCOL.US harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

6. DISCLAIMER OF WARRANTY

THE SERVICES, THE MCOL.US SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE MCOL.US SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. MCOL.US DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MCOL.US SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL MCOL.US BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE MCOL.US SITE OR ANY MCOL.US PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL MCOL.US CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).

8. LAWFUL PURPOSE

MCOL.US reserves the right to refuse service to anyone. Customers may only use MCOL.US services for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of MCOL.US management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Martin County, Indiana, and any dispute will be litigated or arbitrated in Martin County, Indiana. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Martin County, Indiana courts.

9. MISCELLANEOUS

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by MCOL.US. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

MCOL.US may modify this Agreement from time to time by placing such modification on our Website, and User's continued use of the Service following such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the United States of America, State of Indiana, without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

MCOL.US shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of MCOL.US.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming MCOL.US as the defendant, shall be proper only in a venue determined by MCOL.US.

In any action between MCOL.US and User to enforce any of the terms of this Agreement, MCOL.US shall be entitled to recover expenses, including reasonable attorney's fees.

User agrees to notify MCOL.US if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to MCOL.US.

Links to other Web sites are available as a convenience, and do not constitute endorsement of material at those sites, or any associated organization, product, or service.

COPYRIGHT

The names "MCOL.US" and logos are property of Optimum Choice Communications, Inc. Use of the MCOL.US text, graphics, or programming code, in any manner is strictly prohibited without prior written consent of MCOL.US. Violations will be prosecuted to the fullest extent of the law.

This Agreement constitutes the entire agreement between User and MCOL.US with respect to the Service.