m8y web hosting Terms of Servie

Document updated: 10 April 2005

In this Document The term ‘PROVIDER’ refers to the company ‘M8Y’ also known as ‘M8Y WEB HOSTING’. The CLIENT refers to you the user.

Terms and Conditions:

1. Acceptable User Policy

1.1 Content,
1.2 Email and other Services
1.3 Resource Usage

2. Disclaimer of warranties
3. Privacy Policy
4. Copyright
5. Ordering and Payment
6. Cancellation and Refunds
7. Termination of Service
8. Backup and Storage
9. Overuse Charge
10. Limited Liability

1. Acceptable User Policy:

1.1 Content:
The Service will not be used for any of the following and are considered
as a violation of these TOS:

• Web Sites having only an IP address
• Illegal activities or materials, including but not limited to materials that
  may violate another's intellectual property rights
• Promoting pornographic, sexually explicit, violent, lewd or obscene materials.
• Anything that constitutes promotion of Spam or UCE(Unsolicited Commercial Email), Warez, Pirated or Hacker related software, Chat Rooms.
• MP3s of others (any created and Copyrighted by Client is fine)
• IRC Bots
• Attempts to undermine or cause harm to other Customer's of Provider
• Any other reason that is deemed by Provider to be unsuitable

1.2 Email: Spamming, or the sending of unsolicited email, from the Providers server or using an email address or domain that is maintained on the Providers machine as
reference is STRICTLY prohibited, and subject to suspension without notice.
The Provider will be the sole arbiter as to what constitutes a violation of this provision.

1.3 Resource Usage:

Client agrees that any Script of any type or format or process that uses
15% or more of Server resources, per instance, for more than 30 continuous
seconds, is subject to being shutdown and/or Client will be requested
to remove it.

Customers are not allowed to advertise or provide services similar to Web
Hosting services unless they have previously purchased a reseller account.

2.0 Disclaimer of Warranties:

The Provider makes no warranties, or assurances about the compatibility of the hardware and software provided. The services are provided AS IS and the client assumes all responsibility. Provider expressly disclaims all Warranties of any kind, whether express or implied, including, but not limited to, implied Warranties of merchantability, fitness for a particular purpose or use and non-infringement.

Use of the Services, including the storage of information, is at the Client's sole risk.
We will endeavour to provide safe secure backup services for all stored information,
but this is not a guarantee, and the Client should insure themselves against any such
loss.

Client agrees that any data or files downloaded or uploaded for storage through the
use of the Service is done at the Client's own discretion and risk, and that Client will be solely responsible for any damage to Client or third-party computer system(s) or loss of data that results from use of the Service.

Provider makes no Warranty regarding goods or services purchased or obtained through the Service or any transactions entered into through the Service.

The Client will indemnify and hold harmless the Provider against any loss, damage, cost and expense which we may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the Client's use of the service including, without limitation, the expense and cost of defending any and all such claims and actions. Client also agrees to extend this Indemnification to all officers, owners, employees, successors, assigns, agents and contractors of Provider.

We may temporarily suspend for the purpose of repair, maintenance or improvement,
part or all of the Services, generally without notice. We undertake to use reasonable
endeavours to inform Clients of future Service changes and/or downtime and to restore Services as soon as practical after any such suspension.

3. Privacy Policy:

3.1 We will use our best efforts to maintain, but do not guarantee, the privacy of e-mail, network use, and the contents of user directories.

3.2 The policy of Provider is to respect the privacy of its Client's, as well as the privacy of all those conducting business through use of the Service. However, unless expressly stated and identified, communications by and between Provider, Client, and third parties, cannot be considered completely private, and no Warranties about their privacy are thus made by the Provider.

4. Copyright:

If we are informed of an alleged copyright or trademark infringement involving a Client's Services, we will attempt to notify the Client of those allegations and secure a response.
We may, in our sole discretion, remove or terminate the Services containing, on a temporary or permanent basis, materials which we believe may create, constitute, or contribute to copyright or trademark infringements. Client expressly waives the right to assert any claims against us for any such removal or termination.

5.0 Ordering and Payment:

5.1 Accounts may be invoiced on a monthly or annual basis, as agreed. Payment is due upon receipt of each invoice. Overdue accounts may be terminated or suspended at the discretion of the Provider.

5.2 Additional Charges due to Bandwidth use in excess of that specified in this agreement will be invoiced on a monthly basis for immediate payment.

6.0 Cancellation and Refunds:

We offer 30 day refund on all web hosting plans. The commencement of 30 day refund period start from the first day of service to the 30th day of service. If a client wants to cancel an account, request must be issued to that effect by first day of the month. If the request is not received by first day of the month, the account will be cancelled from the next month onwards. Note that the month starts from the date the account has been activated.

Cancellation of the Service must be done, using email with the "FROM" address being the assigned email address on file with Provider, and the "TO" address being a functional email address of Provider. No other methods are acceptable and Client must respond to any contact made by Provider with regard to Cancellation.

The refund is subject to compliance by the Client with other provisions of TOS, such as "Acceptable User Policy". We may temporarily suspend services for the purpose of repair, maintenance or improvement, part or all of the Services, with or without notice.

7.0 Termination of Service:

7.1 We may terminate Services to the Client at any time, without notice, for violation of this agreement. We will not be liable for any damages or harm to the Client resulting from such termination. Return of any pre-paid amounts is contingent to the Client not having used the Service for Illegal Purposes and has not violated these TOS as stated elsewhere. Upon termination of the Service, Client's rights to use the Service immediately ceases, and Provider shall thereafter have no obligation to maintain or forward any data or communications to Client or any third party.

7.2 We may terminate Services to the Client at any time, giving 14 days notice to the termination date. A refund covering any remaining period of paid-up hosting charges will be made. We will not be held responsible for any other charges directly, indirectly or otherwise due as a result of suspension of Services.

7.3 Termination shall be accompanied by email notice to the email address currently on file with the Provider. Under certain circumstances described within this TOS, Provider may terminate Service with or without notice.

8. Back-Up and Storage:

Use of the Services, including the storage of information, is at the Client's sole risk. We will endeavour to provide safe secure backup services for all stored information, but this is not a guarantee, and the Client should insure them selves against any such loss. The client must have his own storage and back-up arrangements, and must not rely on the service provided by the Provider for this purpose.

9. Overuse Charges

Unlike other companies, we won't bill you the minute you overuse your account. We monitor accounts to see if the overusage is just a one off or if it is going to be a continuing trend. If the bandwidth usage continues over a two-month period over your allocation, we will inform you by e-mail and offer you the chance to upgrade your account. Current charges are per Gb per month and can be found in the Control Panel.

10. Limited Liabilities:

Client is solely responsible for the content and the use of services available to the Client. Client's use of the Service is subject to all applicable national and international laws and regulations.

Client agrees that any and all use of the Service is at the Client's sole risk. Provider does not warrant that the Service will be error free or uninterrupted. No claims or guarantees are made by Provider as to the accuracy or reliability of the Service, unless otherwise expressly stated in this TOS. Client also agrees that Provider shall be held blameless and deemed not responsible for any loss or damage to Client's business resulting from use or "inability to use" of the Service.

Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, Tort including negligence or otherwise, shall not exceed the aggregate sterling amount which Client paid during the term of Agreement for Service.

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