MTK Hosting's Terms Of Service
MTK Hosting provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of MTK Hosting are subject to the following terms of service:
Acceptable Use Policy:
All services provided by MTK Hosting 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 is prohibited. MTK Hosting reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers.
Prohibited activities include, but are not limited to:
Illegal activities in any form, including but not limited to: storing and/or distributing illegal copies of copyrighted software or other data, warez sites, violations of copyrights and trademarks, violations of U.S. laws, selling and/or distributing illegal contraband, Proxy Scripts and or websites / Anonymizers, IRC Bots, image hosting only sites without a domain name, download or upload sites, backup space sites, CDN services (content delivery network), free web hosting service providers, Escrow Sites, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites and or archives,programs, harassment, fraud, trafficking in obscene material. Pornography is prohibited on all MTK Hosting servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Certain types of content are not allowed on our network, which includes but is not limited to: adult content of any description, content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials, other copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The determination of what is "adult content" and prohibited shall be solely made by MTK Hosting.
Internet abuse includes but is not limited to: spamming - mass unsolicited Emailing, distribution of mass emailing programs, cross-posting messages to large number of usenet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners, and spamming our support staff. Spammers are held responsible for a $600 dollar clean up fee.
Systems abuse includes but is not limited to: use of excessive CPU resources, use of excessive disk space, use of excessive email storage space, hacking our systems, installing continuously running programs, such as IRC bots, and reselling CGI scripts.
Banned Scripts: The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
Inodes: Users may not exceed more than 50,000 Inodes per shared hosting account ( a shared hosting account is one cpanel username ). This limit is in place to prevent system overusage. Every email, webpage, file, etc takes up one inode.
The subscriber agrees to indemnify and hold harmless MTK Hosting and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken, MTK Hosting reserves the right to terminate the account without notice and without any refunds.
The policy violating client will be held responsible for any damages to MTK Hosting's system, servers, connectivity, reputation, business, service, network, operations, or equipment. The policy violator may be charged a $600 clean up fee.
Accounts suspended due to content or AUP violation are not refunded under any circumstances.
MTK Hosting shall be the sole judge of what violates this Policy.
Web Site Content:
The client is responsible for keeping a copy of their most current web site files as backup on a remote system (not on MTK Hosting servers). MTK Hosting is not responsible for any lost files, information, or data.
Data Transfer:
Should any users go over the allotted bandwidth amount the user will assess a fee of $3.00 per gigabyte.
System Updates:
The client understands that system updates occur in real-time and as queued batch processes. For example, account passwords are currently updated as queued batch processes, therefore the update does not occur in the system instantaneously. MTK Hosting reserves the right to modify the processing times at any time without notice. If a client or MTK Hosting support personnel (when authorized by client) makes any modifications to a hosting account, the client is responsible to make sure these updates have occurred in our system.
Shared Hosting Account Disk Space and Bandwidth Usage:
90% or more of your content on your website must be linked from an HTML, PHP or similarly coded web page where all content is freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. Downloadable files, media, streaming content or any file which consumes more than 500kb of space must not exceed 10% of your total used disk usage. In order to ensure that these limitations on our hosting accounts are not broken, webspace and bandwidth will be allocated in increments of 1,000 MB of web space and 10,000 MB of bandwidth. When more space and or bandwidth is needed the user agrees to contact our helpdesk requesting more.
Shared Hosting Resource Usage:
Users may not:
1) Use 25% or more of system resources for longer then 90 seconds.
2) Run IRCD or standalone server side unattentded processes.
3) Run cron jobs that in intervals of less than 15 minutes.
4) Run gaming servers, process game server stats, teamspeak, ventrillo or any other voice application, torrents, torrent related sites, trackers or applications on hosting plans.
5) Run any processes related to or that interface with IRC programs and or networks.
6) Run any kind of web indexer or web spider.
7) Repeatedly create and delete large numbers of files on a regular basis causing system damage.
8) Image Hosting Scripts (similar to Photobucket)
9) Auto-Surf Scripts
10) Mirror Scripts / Auto Dump Scripts (similar to rapidshare)
Support:
Free customer techincal support is provided via our helpdesk. Technical support emails will be answered within 24 hours. Billing inquiries will be answered within one business day. Client agrees not to spam support. MTK Hosting does not provide web site design, custom programming and scripting, or web site consulting services
Billing:
Invoices that have been paid more than once with multiple paypal subscriptions can only be credited towards the account and cannot be refunded via paypal. If you require assistance with this policy please contact Sales@MTKSupport.com
Additional Features:
Additional features can be added at any time. When a feature is added, the client is assessed charges for the month and every upcoming month until the end of their billing cycle. Feature prices are not prorated.
Renewal Notification and Billing Schedule:
Renewal notification is emailed to the billing contact email address on file. Clients are responsible for keeping their contact information up to date. Clients agree to use a contact email address that is not hosted on MTK Hosting servers as their contact email.
Clients on quarterly prepayment may queue themselves for annual prepayment at least 10 days prior to the end of their current billing cycle. If the client does not queue themselves for annual prepayment, the account will automatically be assessed quarterly prepayment.
Clients on annual prepayment must renew for annual prepayment at least 10 days prior to the end of their billing cycle. If the client does not renew for annual prepayment, the account will automatically revert to quarterly prepayment.
Credit Card Failures:
In the event of any credit card failure, a notice will be sent to the billing contact via email. An attempt will be made to charge the credit card everyday until a successful charge or the end of the billing cycle. If the credit card is charged successfully, a notification of 'successful charge' will be sent to the billing contact via email. If payment is declined in three consecutive billing attempts suspension of the account will occur.
Late Payments:
All accounts are billed according to the dates they were first activated on. If you do not pay for service renewal in 5 days after deactivation, your account will be suspended. If you do not pay for service renewal in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.
Account Reactivation:
If an account was cancelled due to client request or billing issues and the client desires to reactivate the account, a non-refundable reactivation fee of $24.95 will be required prior to account reactivation. Accounts are reactivated after all outstanding charges are paid, including outstanding hosting charges and NSF check processing fees (if applicable).
If an account was cancelled due to policy violation, MTK Hosting will not reactivate the account.
Refund Policy:
MTK Hosting offers a 30 day money back guarantee for shared hosting services only. Once the first 30 days have passed there are no pro-rated refunds. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed days will be varied; and Domain Name registration fee is nonrefundable).
Cancellation:
The MTK Hosting reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund. The policy violator may be assessed a $600 dollar clean up fee. MTK Hosting reserves the right to delete the policy violating web site content without notice.
Customers can cancel service at any time. Account cancellations are not accepted via email. All account cancellations are to be requested through the client's billing control panel contact form.
First time Shared Hosting customers that cancel within the first 30 days of service are eligible for a refund per our 30 day money back guarantee. The 30 day money back guarantee applies to web hosting fees only.
If the client requests cancellation, their account will be terminated immediately. MTK Hosting reserves the right to delete the web site contents without notice.
Indemnification Policy:
You agree to use all MTK Hosting services and facilities at your own risk. MTK Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall MTK Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold MTK Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against MTK 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 MTK Hosting against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with MTK Hosting's server, any material that infringes or allegedly infringes on the rights of a third party available from MTK Hosting servers, and any material that libels or allegedly libels a third party available from MTK Hosting servers.
LIMITATION OF LIABILITY:
MTK Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from MTK Hosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, MTK Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of MTK Hosting servers. All damages shall be limited to the immediate termination of service.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Dispute Resolution:
By using any MTK Hosting services, clients agree to binding arbitration. If any disputes or claims arise against MTK Hosting or its subsidiaries, such disputes will be handled by an arbitrator of MTK Hosting's choice at the following location: Delaware, USA under the rules of the American Arbitration Association. All decisions rendered by that arbitrator will be binding and final.
Clients are also responsible for any and all costs related to such arbitration.
DISCLAIMER:
In no circumstance will MTK Hosting be liable for any claims resulting from the use or inability to use MTK Hosting's services - including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to MTK Hosting servers, InterNIC problems, DNS caching, Internet bandwidth congestion, power failures, vandalism, and natural disasters.
We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. MTK Hosting makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Use of MTK Hosting's web hosting and email service is at the client's sole risk.
MTK Hosting does not guarantee that our services will be uninterrupted or error free. MTK Hosting will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions. MTK Hosting's services are provided on an "as is, as available" basis.
Certain services provided by MTK Hosting are resold. Thus, certain equipment, routing, software, and programming used by MTK Hosting are not directly owned or written by MTK Hosting. Moreover, MTK Hosting holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as MTK Hosting sees fit.
FURTHERMORE, MTK Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
MTK Hosting Terms of Service last udated July 19, 2013.