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MGMhost.net reserves the right to change this Policy any time, so
please, check this page at least once a month or when in doubt.
MGMhost.net strives to provide the best possible service to all our
customers, but we will not tolerate any unlawful activity or abuse on
our servers. We respect freedom of speech and expression unless it is
harmful to others. These brief guidelines are imposed to protect you,
other Web Site Source customers and us against such harm.
On this page:
Payment
Policies, Fees, and Refunds:
Full payment is required before any hosting service is rendered, which
includes renewals. All payment-due notices will be sent by electronic
mail. No bills or invoices will be sent by postal mail or fax.
Prepayment is due each anniversary (one month, three month, six month,
one year) following the date the account was established. Billing will
continue until you cancel your hosting account. You may cancel at
anytime. As a policy, we do not offer credits or refunds for hosting
time already expended. Domain registration fees and setup fees are
nonrefundable.
We do give
refunds for full months unused, should you want to cancel prepaid
service. If you decide to cancel after prepayment, you will not receive
a refund for the current month in use (We do not give partial months
refunds). If you have prepaid and received a multi-month discount, upon
cancellation we will figure the refund retroactively withdrawing the
discount back to the start date of the contract. This will result in
paying full undiscounted price for the months used and refunding the
balance. This only applies to cancellation by the client. If
cancellation is done by MGMhost.net due to restrictions violation, there
will be no refund. Web Site Source will only allow for the discount if
cancellation is not the fault of the client, as determined by
MGMhost.net.
Resellers'
refund will be debited $25 per month for virtual name servers installed
on the account, should you opt to cancel before your billing cycle
renews. Domain registration/setup fees are nonrefundable. The customer
is responsible for all money owed on the account from the time it was
established to the time that the customer notifies MGMhost.net by fax,
email, or mail for cancellation of services. All monetary transactions
are in $US dollars. Additional features can be added at any time.
Monthly feature prices are not prorated. MGMhost.net reserves the right
to change prices at any time.
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Terms:
The validity, terms, performance and enforcement of this Agreement
shall be governed and construed by its provisions and in accordance with
the laws of the State of Ohio (without regard to conflicts of laws
principles).
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Indemnification Policy:
You agree to use all MGMhost.net services and facilities at your own
risk. Web Site Source specifically disclaims all warranties of
merchantability and fitness for a particular purpose. In no event shall
MGMhost.net be liable for any loss, or loss of data, or other commercial
damage, including but not limited to special, incidental, consequential
or other damages. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND
HOLD MGMhost.net HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN
BY MGMhost.net. CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE
AND HOLD MGMhost.net HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES,
LOSSES, COSTS, CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED
AGAINST MGMhost.net, 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, ITS AGENTS,
EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD
HARMLESS MGMhost.net AGAINST LIABILITIES ARISING OUT OF:
(1) any injury to person
or property caused by any products sold or otherwise distributed in
connection with MGMhost.net servers;
(2) any material supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer from MGMhost.net servers.
MGMhost.net shall be the
sole judge of what violates this Policy.
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Account
Cancellation:
To cancel your account, please
login to your billing account and
submit cancellation ticket. You may cancel at anytime. As a policy, we do
not offer credits or refunds for hosting time already expended. Domain
registration fees and setup fees are nonrefundable.
NOTE:
MGMhost.net charges a $25.00 fee for returned checks as well as charge
backs. For international customers, if you are sending a check/money
order the amount must be drawn in US dollars. You may cancel at anytime.
Phone requests will not constitute acceptance of any cancellation.
Notification of cancellation must be received at least five business
days prior to your cycle date, with the cycle date being the day of the
month you sign up, in order to avoid charges in full for the next cycle.
It is the Clients Responsibility to secure email confirmation from
MGMhost.net that account has been cancelled. If the client has not yet
received email confirmation of account cancellation, then the account
remains active, and you will continue to be invoiced.
If Client
has a balance due at the time of cancellation, this balance must be paid
in full. Cancellation does not absolve Client of any outstanding
financial obligations. All MGMhost.net accounts must be paid in full
before the cancellation will be considered complete.
Transferring your domain to another provider or nonuse of your hosting
account does not constitute canceling your account. You must notify
MGMhost.net to formally
cancel your account and avoid further
charges.
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Account Changes:
Most account
maintenance issues can be handled in your
Control Panel. Simply access your
control panel. If you need to cancel your account, please see our
instructions for canceling an account. There is a one-time
fee of $20 for replacing an existing account domain name with another
domain name, whether from spelling error(s) or other purposes.
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Account Ownership:
MGMhost.net is only responsible to the present owner of the Web hosting
space. We verify ownership by credit card number (if paid for by credit
card), name, address, email address, username, & password. If you give
this information to any other party or give access to your email address
on your account to another party, you risk having your Web site and any
other information on your account changed and/or deleted. We are not
responsible for any information on your account should you reveal this
information to another party who causes damage to your account and/or
Web site.
If you are a Web
designer and you are not the person paying for the hosting account we
advise you to receive payment for your work before you publish it to our
servers. Once the Web site is published to our servers the account owner
has retained ownership of that content.
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Email
Policy:
MGMhost.net may not be the source, intermediary, or destination address
involved in the transmission of any unsolicited email, email bombs, hate
email, or any mass email. Your email account may not be referenced as
originator, intermediary, or reply-to address of such email. We consider
mass email any email message sent to more than 25 email addresses or
more than 10 news groups.
Client is
responsible for keeping email storage on hosting account below 10 MB.
This is normal for most accounts since email is typically downloaded
from the server on a regular basis using an email client such as
Outlook, Outlook Express or Eudora.
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SPAM Policy:
MGMhost.net is committed to a zero-tolerance, anti-Spamming policy.
Under this policy, we prohibit Spam, or any
unsolicited commercial email, from being sent either: Over the
MGMhost.net network, by customers or any other users of the MGMhost.net
network (including customers' customers); AND/OR over ANY network— if
the message sent advertises or mentions a site hosted on the MGMhost.net
servers.
We react
quickly and seriously to violations, and we further reserve the right to
terminate the services, without prior notice, of any customer
disregarding this policy. Sending unsolicited commercial email (a.k.a.
"spam"), cross-posting messages to a large number of usenet groups,
posting obscene or threatening messages while using or referring to an
MGMhost.net email address or web site URL is prohibited. The use of
MGMhost.net servers as a mail drop for responses to activities described
above is also prohibited. Accounts canceled due to spam will be billed a
"clean up" fee of $500.
If you
have any complaints or comments regarding Spam on our network, please
direct them at to our staff
here.
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Content
Policy:
All services provided by MGMhost.net may be used for lawful purposes
only. Transmission, storage, or presentation of any information, data or
material in violation of any United States Federal, State or City law,
or in violation of the laws of any country, is prohibited. This
includes, but is not limited to: copyrighted material, trademark,
intellectual property, material we judge to be threatening or obscene,
material that advocates or calls for the commission of crimes or civil
harms to any person, group of people, corporation, country, or any
entity, or material protected by trade secret and other statute without
proper authorization. The subscriber agrees to indemnify and hold
harmless MGMhost.net from any claims resulting from the use of the
service which damages the subscriber or any other party.
Adult and sex-related pages or merchandising
are NOT prohibited on all MGMhost.net servers.
Also
prohibited are sites that promote any illegal activity or present
content that may be damaging to MGMhost.net 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
- Child pornography
MGMhost.net does not host sites of its competitors or web pages
promoting sites of its competitors.
Any
illegal activity, including child pornography, spamming or hacking will result in your site being shut down and
all your files deleted without warning.
Any
customer trying to use our services (servers) for child pornography WILL
BE REPORTED TO FBI.
MGMhost.net will be the sole arbiter as to what constitutes a violation
of this provision.
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CGI
Scripts Policy:
Each account comes with its own cgi-bin. You are free to use CGI scripts
you wish, however we reserve the right to disable any CGI script that
effects normal server operation or service to other MGMhost.net
customers. You will be notified in 24 hours about.
Offending CGI scripts:
-
UltimateBBS (all versions)
-
Ikonboard (all versions)
- IRC
Egg Drops
-
Proxy Servers
- The
Anonymizer
- any
soap mailers
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Chat Policy:
You can have you own or you can however link your site to a chat
provider. Some examples of chat providers are: www.humanclick.com,
www.liveperson.com, and www.livehumanhelp.com.
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Subhosting Policy:
Subhosting (hosting more than one web site with a single MGMhost.net
user account) is generally not allowed on MGMhost.net servers. It is
subject to MGMhost.net approval on case by case basis. We do, however,
allow sub-domain accounts.
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Traffic
Policy:
MGMhost.net allows for very generous traffic, and most sites never
exceed 4 G per month, unless they offer shareware, sound, video, image
and multimedia archives, are mirror sites or any site whose primary
purpose is file distribution. MGMhost.net customers are discouraged from
storing any files that cause excessive traffic on MGMhost.net servers.
Please contact MGMhost.net Technical Support team for more information.
Again, 99% of the sites do not fall into this category and never reach
our traffic limits.
We reserve
the right to refuse service to anyone for any reason not prohibited by
law. Also we reserve the right to terminate service to any customer for
any reason not prohibited by law.
Any
deliberate attempt to cause damage to MGMhost.net or any other Internet
servers will result in immediate account deactivation without prior
notice. No refund is given in this case.
We reserve
the right to charge additional fees for extremely high bandwidth sites
(over 8 GB of transfer per month). This only includes .1% of our
currently hosted web sites. We will not host web sites which contain
adult material.
You will
be charged for transfer that you use beyond our generous data transfer
limits without prior notification. You can monitor your transfer at
anytime in your Control Panel.
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Backups:
Full backups are made weekly, and backups of new/changed data made
nightly. No guarantees are made of any kind, either expressed or
implied, as to the integrity of these backups. Backups are made for
server restoration purposes only. It is the clients' responsibility to
maintain local copies of their web content any information. The "Backup
Storage" is included in each hosting plan and client can use this tool
to back up their files. If loss of data occurs due to an error of
MGMhost.net, we will attempt to recover the date for no charge to the
client. If data loss occurs due to negligence of client in securing
their account or by an action of the client, MGMhost.net will attempt to
recover the data from the most recent archive for a $50.00 fee.
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Telephone Support:
Client agrees to use the Help Desk e-mail at
support@MGMhost.net for technical support issues. MGMhost.net
does, however, offer telephone support to clients. Client agrees not to
abuse this resource. Abuse includes placing multiple repeat calls
without leaving a message or leaving multiple messages in the same
24-hour period. Clients who abuse telephone support privileges may, at
Provider's sole discretion, have telephone support privileges revoked
and/or incur a charge of $5.00 per call. Web Site Source shall have sole
authority to determine violations of this policy.
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Resellers:
-
You provide billing
to your customers. We do not bill your customers. We bill you for
the domain and space, then you turn around and bill them for your
cost from us and your services in addition to that
-
We can only allow
you to be a reseller if you are paying by credit card
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Actual or attempted
violations of policy by a customer's end user shall be considered
violations of the policy by the customer regardless of intention and
will be acted upon accordingly
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Your customers are
given a limited amount of transfer and if we feel that one of your
customers are using up more transfer than allocated or are taking up
too much of the CPU usage then we will need to pass some of the
extra cost on to you and you will need to pass it on to your
customer. You will need to put that in your terms and conditions for
the hosting
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You agree that
neither you nor your customers can hold us responsible for services
that you offer
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Your customers have
to abide by the same terms and conditions as you do, or we have the
right to cancel any of your reseller accounts
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If you abuse our
services, we reserve the right to cancel your account, which will
also cancel your customers accounts
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Uptime Guarantee:
If our servers are not up 99% of the time during your first 30 days of
hosting we will gladly refund your hosting fees and cancel your account.
Just go to your
billing account and submit
cancellation
ticket and we will cancel you account. Be sure and mention that you would like a
refund based on our 99.9% Uptime Guarantee.
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Contact
Us:
Contact us at our Help Desk
here or e-mail us at
here if your question was not answered in this
Policy.
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