Mercurial provides web hosting to a large number of clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure that these obligations are met.

Content:
All services provided by Mercurial may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Canadian Federal, Provincial or City laws is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute, and invasion of privacy. The subscriber agrees to indemnify and hold harmless Mercurial from any claims resulting from the use of the service which damages the subscriber or any other party.

All pornographic content and sex-related merchandising is prohibited on all Mercurial servers. This includes sites that may infer sexual content or links to adult content elsewhere. Mercurial will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Mercurial's servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:
• Pirated software
• Hacker programs or archives
• Warez sites
Mercurial will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from an Mercurial server or using an email address or domain that is maintained on a Mercurial machine as reference is STRICTLY prohibited. Mercurial will be the sole arbiter as to what constitutes a violation of this provision. Sites that promote, sell, or otherwise provide access to spamware products or products that are solely for the purpose of extraction or sale of email addresses or which are used to send bulk email are not permitted on any Mercurial server.

Misuse of System Resources:
Any attempt to undermine or cause harm to a server, or customer, of Mercurial is strictly prohibited. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer's own account; resale of disk space without an appropriate reseller agreement; use of servers for backup of files unrelated to the web site of the account; or resale or remote access to CGI scripts installed on our servers. No IRC related software is permitted on our servers. This includes servers, bots, bouncers, or any other software that is used for the purpose of creating, or maintaining access to IRC servers or channels. Accounts that are found to have such software uploaded to their web space are subject to immediate suspension and/or termination without notice.

Account Policies and Cancellation:
Cancellation requests can be submitted via email to hosting@mercurial.com. Although no advance notice is required, and there is no cancellation fee, all fees paid for service up to the notice of cancellation are non-refundable. If cancellation is made within the first 30 days of service all hosting fees will be refunded. This does not include fees for domain registration, which are nonrefundable.

Accounts are payable in full at the time the account is created. Accounts paid via credit card are subject to suspension if payment cannot be processed at the time the account is created. If payment by check or money order is selected, payment must be received within two (2) weeks of account activation or the account will be suspended without further notice to the end user. New accounts that remain past due thirty (30) days after account activation are subject to termination. Any account reaching thirty (30) days past due is subject to suspension for nonpayment. Such accounts are subject to termination after forty-five (45) days in a past due state.

Suspension:
Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension.

Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

All sub-networks, distributive hosting sites, and dedicated servers of Mercurial must adhere to the above policies. Please direct any reports of violations of the above policies to hosting@mercurial.com

Failure to follow any term or condition will be grounds for immediate account deactivation.

IN NO EVENT WILL Mercurial BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Mercurial'S SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.