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Acceptable Use Policy

As a provider of web site hosting, and other Internet-related services, Maxium Hosting offers its clients, and their customers and users, the means to disseminate a wealth of public, private, commercial, and non-commercial information. Maxium Hosting respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Maxium Hosting reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Maxium Hosting has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Maxium Hosting’s services. This AUP will be revised from time to time. A customer's use of Maxium Hosting after changes to the AUP are posted on Maxium Hosting’s web site, www.MaxiumHosting.com or any variation thereof, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet to disseminate information to others.

When information is disseminated through the Internet, they also must keep in mind that Maxium Hosting does not review, edit, censor, or take responsibility for any information its clients may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Maxium Hosting’s network and may reach a large number of people, including both clients and non-clients of Maxium Hosting, clients' postings to the Internet may affect other clients and may harm Maxium Hosting’s goodwill, business reputation, and operations. For these reasons, clients violate Maxium Hosting policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
• Spamming
• Intellectual Property Violations
• Adult Material
• Photos or videos showing graphic violence, death or dismemberment.
• Defamatory or Abusive Language
• Forging of Headers
• Illegal or Unauthorized Access to Other Computers or Networks
• Background Running Programs
• Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
• Facilitating a Violation of this AUP
• Export Control Violations
• Resellers or Customers offering "Unlimited Bandwidth"
• Other Illegal Activities
• Other Activities
• Proxies are not allow the placement or the usage of proxies on any of the servers.


Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Maxium Hosting, but also because it can overload Maxium Hosting's network and disrupt service to Maxium Hosting clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Maxium Hosting has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list. Refer to our UCE/SPAM Policy for more information.

Intellectual Property Violations

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Maxium Hosting is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Maxium Hosting’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Payment Policies

Cancellations must be made in advance. The customer is responsible for all money owed on the account from the time it was established to the time it is terminated. Requests for terminations must be submitted in writing to Maxium Hosting.

ALL orders are routed through the system and created AUTOMATICALLY after you use our web hosting form to signup. If you would like a manual setup, or a custom plan, please contact Maxium Hosting.

We accept payments via Credit Card & PayPal

Refusal of Service

Maxium Hosting reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Maxium Hosting if Maxium Hosting institutes its right of cancellation. If cancellation is caused by customers violation of these policies, then no refund will be disbursed.

Customers can cancel service at any time and be refunded any amount exceeding the pre-payment of the current month. Due to security concerns, all account cancellations must be done in writing via US mail or email with account name and reason for cancellation. Several checks will occur before the account is closed out. Payment will be made by PayPal within 30 days of receipt of cancellation. The account will be closed within 24 hours of the closure request.

Server Updates

Maxium Hosting reserves the right to update its servers at anytime. As a result, we can not be held responsible for anything that may result in a person's site(s) not working properly due to the changes or updates on the server.


We do not allow copyrighted MP3 music for download or archive. You are allowed to have your own MP3's. An example would be a band that would like to promote the music on their website, or a Home recording of something.

Adult Material

Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Maxium Hosting has been forced to create its no adult sites policy for its virtual server users.

What does Maxium Hosting consider "Adult Material?"

• Any site whose revenue is gained in part or whole from its adult content.
• Photos or videos showing frontal nudity on either men or women for non-
scientific or non-artistic purposes.
• Revenue-generating hyperlinks to sites who violate policy #1.

Why does Maxium Hosting have this policy?

Bandwidth and Resources

A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average "adult site" gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be extremely slow if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.

Maxium Hosting reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.

Photos or videos showing graphic violence, death or dismemberment.

Photos or videos showing graphic violence, death, or dismemberment, is considered disrespectful, and will not be tolerated on our servers. This includes graphic war images or videos, or any image or video containing the depiction of graphic violence, death, or dismemberment.

Defamatory or Abusive Language

Using Maxium Hosting’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks

Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Background Running Programs

Background Daemons in general are prohibited on Maxium Hosting servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.

Maxium Hosting will be the sole arbitor of what consitutes a violation of the above policy.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

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.

Facilitating a Violation of this AUP

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.

Export Control Violations

Exporting encryption software over the Internet or otherwise, to points outside the United States.

Resellers or Customers offering "Unlimited Bandwidth"

We are strictly against this practice because it's not only unethical, but an outright lie. "Unlimited Bandwidth" is not possible, in any scenerio. Therefore any customer running a small hosting business from their shared account, or any reseller of Maxium Hosting will be suspended or terminated (the sole judgement of Maxium Hosting) upon realization of this practice being conducted by the customer or reseller.

Other Illegal Activities

Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities

Engaging in activities, whether lawful or unlawful, that Maxium Hosting determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. Maxium Hosting will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with Maxium Hosting policy or applicable law. When Maxium Hosting becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action deemed appropriate.
Maxium Hosting is also concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Maxium Hosting urges its clients to assume that all of their on-line communications are insecure. Maxium Hosting cannot take any responsibility for the security of information transmitted over Maxium Hosting’s facilities.

Maxium Hosting will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. Maxium Hosting may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Maxium Hosting may disclose information, including but not limited to, information concerning a client, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Maxium Hosting assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Maxium Hosting may disclose client information or information transmitted over its network where necessary to protect Maxium Hosting and others from harm, or where such disclosure is necessary to the proper operation of the system.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Maxium Hosting and its clients, as responsible members of the Internet. Any complaints about a client's violation of this AUP should be sent to


UCE/Spam Policy

The abuse and misuse of e-mail is a serious problem, and Maxium Hosting will not tolerate it.

Definition of UCE (Unsolicited Commercial E-mail), or SPAM:

The bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to Maxium Hosting or any URL (domain) that is hosted by Maxium Hosting.

Unsolicited postings to newsgroups advertising any IP or URL hosted by Maxium Hosting.

The use of webpages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by Maxium Hosting.

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.

Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
For further information on mail abuse, please visit the Mail Abuse Prevention System (MAPS) website.

Repercussions of SPAM

Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice.

Maxium Hosting:

SPAM is not only harmful because of its negative impact on consumer attitudes toward Maxium Hosting, but also because it can overload Maxium Hosting’s network and resources, especially on our shared (virtual) server environments.

Our Providers:

Since it is unsolicited, users who receive SPAM often become angry and send complaints to our upstream providers. This upsets our providers who abhor SPAM for the same reasons that Maxium Hosting does - it causes negative consumer attitudes and drains resources. We strive to maintain favorable business relationships in the Web community and obviously will not allow any practice that threatens these relationships.

Punishment For SPAM.

Maxium Hosting reserves the right to terminate, without warning, any account that violates this policy. Usage of Maxium Hosting services constitutes acceptance and understanding of this policy.

Maxium Hosting may, at its option, charge $25.00 per SPAM complaint we receive for Virtual Server customers. Resellers will be charged for resold accounts, receiving SPAM complaints. Reseller may choose to pass this charge down to their client. These are non-refundable charges and will be invoiced at the time of complaint notification.

Maxium Hosting reserves the right to decide what it considers "SPAM", "UCE", "mail bombing", or "bulk e-mail", and to determine from all of the evidence whether or not the e-mail recipients were from an "opt-in" e-mail list.

Should you choose to e-mail from Maxium Hosting servers, especially if you use mailing lists, you must read and adhere to the following guidelines, which are offered as a statement of Internet standards and best current practices for proper mailing list management and preventing e-mail abuse.

Basic Mailing List Management Principles for Preventing Abuse

Mailing lists are an excellent vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool.

Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to e-mail. Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.

The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.

Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.

Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.

Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.

Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a "suppression list" of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.

Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.

Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.

*This SPAM (UCE) Accepted Use Policy and all other Maxium Hosting policies are subject to change by Maxium Hosting without notice. Continued usage of the services after a change to this policy is implemented and posted on the Maxium Hosting site constitutes your acceptance of such change or policy. We encourage you to regularly check the Maxium Hosting site for any changes or additions. Visit our Terms & Conditions for further information regarding our policies.


Account Termination and Suspension

Maxium Hosting reserves the right to suspend or terminate a hosting account for not following the terms of service, non-payment, vulgar language or abuse towards any representative of Maxium Hosting. In addition, if you are found making false claims against Maxium Hosting, that are unfound, or without evidence, your account may be terminated without notice.

What is "Account Suspension"?

Account suspension is the temporary closing of an account. Suspension is typically 48 hours long and is the first step of customer/company mediation. While an account is suspension status, all of your files, emails, databases, subdomains, etc... are fully intact. Suspension simply removes account priveledges, and public viewing of your pages. Although suspension is typically the first step of the mediation process, this does not mean that you account must be suspended, prior to termination. If a customer's account is suspended for non-payment, all payments that are due, if any, including suspension fees, must be paid before the account is un-suspended. These payments must be made before the 48 hour deadline, to avoid termination of the account.

What is "Account Termination"?

Account termination is perminant. An account may be terminated without notice, and without prior suspension. Termination removes all of your files, folders, subdomains, email addresses, databases, etc. If your account has been terminated by Maxium Hosting or by the customer, the customer will be responsible for re-uploading their files, etc, if they choose to have their account turned back on. If a customer's account is terminated for non-payment, all payments that are due, if any, including termination fees, must be paid before the account is reinstated. Client Initiated Termination is when a client initiates account termination by request. Please note that Maxium Hosting will not terminate an account by request, unless the request is in writing, and mailed to Maxium Hosting via certified mail. The request must include the customer's username, and password, in addition to the request.

Client initiated termination will not be accepted via email, help desk, phone, or peer 2 peer messenging. Also note that the account will continue to bill until the request is received, and charges incurred will still apply. However, charges will be prorated. This includes Dedicated servers. If you cancel your account, you will be billed for the amount of days that service was used, after your last payment. Please visit our contact page, for Maxium Hosting's mailing address. Bandwidth Overage Suspensionare accounts that are not actually suspended for bandwidth overages. However, by default accounts that exceed purchased bandwidth, are temporarily unavailable, unless instructed otherwise, by the customer.

If you do not instruct Maxium Hosting to monitor your overages, rather than using the default settings, you may experience downtime, when you go over your limit. If you do instruct Maxium Hosting to monitor your bandwidth limit, you will be charged $1.00/GB. This process is in place to keep your account from incurring extra, unwanted charges. Are there any fees associated with termination or suspension? There are no fees for initial termination or suspension. However, there is a one time fee of $5.00 to have an account un-suspended. There is a one time fee of $10.00 to re-setup an account that has been terminated. If the customer initiates a termination, there are no fees associated for re-instating an account. Accounts terminated or suspended for TOS violation, or non-payment, are not eligible for refunds. Any overdue payments that are due, at the time of account termination, are subject to collection. Maxium Hosting will turn overdue payments into a collection agency. Any bill that has to be turned into a collection agency, will incur a $100 administration fee and reasonable collection agency fees in addition to the amount owed.


Customer agrees that it shall defend, indemnify, save and hold Maxium Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Maxium Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Maxium Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Maxium Hosting server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.


Maxium Hosting will not be responsible for any damages your business may suffer . Such acts will include war, fire, earthquakes, terrorism, acts of God, floods, vandalism, network outages not caused by Maxium Hosting, viruses, hacking, mechanical failure, loss of power, and loss of data due to uncontrolled reasons. Maxium Hosting disclaims any warranty or merchant ability or fitness for particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Maxium Hosting and its employees. Maxium Hosting makes no warranties of any kind, expressed or implied for services we provide. Maxium Hosting reserves the right to revise its policies at any time without prior notification.

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