Terms of Service and
Acceptable Usage Policy Agreement
When using the
Service provided by m1host.com, defined below in Section 1.1, you agree to
be bound by all of the following terms (the "Terms of Service") within this
Agreement.
m1host.com is a registered domain of M1Host. and act as one of
hosting providers of M1Host
m1host.com
reserves the right to alter, amend or modify any provision of this Terms of
Service Agreement at any time with or without prior notice to you.
This Agreement is
effective from your acceptance thereof, which is indicated by the establishment
of your account. If you are a current m1host.com client when this Agreement
is activated, your continued use of the Service constitutes your acceptance of
this Agreement.
1. Service
1.1.
m1host.com provides Website Hosting services, including, but not limited
to, Disk space for File Storage; FTP Access for uploading and downloading
files to and from your assigned account.
1.2. Any means of
identification assigned to you by m1host.com (including username and IP
address) will remain the property of m1host.com. m1host.com reserves
the right to alter or replace these forms of identification at any time.
1.3.
m1host.com makes no guarantees as to the continuous availability of the
Service or any specific feature of the Service. m1host.com reserves the
right to discontinue and/or change the Service or any of its features at any
time with or without notice.
2. Registration
Requirements
2.1. In
consideration of the Use of the Service, outlined below in Section 3, Client
certifies to m1host.com that he/she is not a minor. By accepting this
Agreement, you represent that you are at least 18 years of age. If you are a
minor, we will need approval from the parent/guardians.
2.2. You agree to
provide m1host.com with accurate, complete and up-to-date billing
information, including your legal name, electronic mail (e-mail) address, home
address, and telephone number. All changes to this information must be
reported to m1host.com within 30 days of the change.
2.3. By accepting
this Agreement, you agree that you are responsible for all charges posted to
your account until you close the account as specified in Section 10. If any
information provided by you is inaccurate, not current or incomplete, m1host.com retains the right to suspend or terminate your account.
3. Use of the
Service
3.1. You, and
those you authorize, are the only individuals who are authorized to access the
Service through your account. You must ensure that all authorized users on
behalf of your account comply with this Agreement.
3.2. You are
responsible for maintaining the confidentiality of passwords used by yourself
or any authorized user for your account.
3.3. You will not
use the Service or permit others to use the Service through your account in
any way that violates any law or regulation; subjects m1host.com to
liability; or is in any violation of the m1host.com Terms of Service
Agreement.
4. User Conduct
4.1. You agree to
be solely responsible for the content of your transmissions through the
Service. You acknowledge that m1host.com simply acts as a passive conduit
for the distribution and transmission of data.
4.2. You agree not
to resell any part of the Service under your account including, but not
limited to, disk space; pre-installed CGI scripts; software and any form of
identification assigned to your account except you have the
authorization from m1host.com.
4.3. You agree
that your use of the Service is subject to all applicable local, state,
national and international laws and regulations. Furthermore, you agree that
you recognize that violation of any such laws, rules and regulations shall be
cause for immediate termination, without notice, of your account at the sole
discretion of m1host.com.
5. Unacceptable
Use of Service
5.1. Illegality in
any form, including, but not limited to, activities such as unauthorized
distribution or copying of copyrighted software; violation of
Canada export
restrictions; harassment; fraud; drug dealing; intentionally inflicting
emotional distress; violating trademarks; copyrights;
Privacy and other intellectual
property rights.
5.2. We reserve
the right to remove permission to access the Service if we suspect security
violation attempts involving your account, whether directly deliberately
caused by you or not.
5.3. Spamming, to
send unsolicited commercial or non commercial email or newsgroup posts, from the server or
involving your domain.
5.4. Mail bombing,
sending of large files or emails to other users against the request of an
Internet user, whether or not our servers are used.
5.5. Violations of
system or network security is prohibited, and may result in criminal and civil
liability. Examples include, but are not limited to, the following:
Unauthorized access, use, probe, or scan of a systems security or
authentication measures, data or traffic. Interference with service to any
user, host or network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system and broadcast attacks.
5.6. The use of
programs that consume an excessive amount of CPU run time or Random Access
Memory (RAM) on the server.
High load
Chat Room Scripts and Programs.
All kind of Shell/SSH/Telnet
access Scripts. High loaded
Bulletin
Board/Forums Systems including
but not limited to: UBB - Ultimate
Bulletin Board™, YABB - Yet Another Bulletin Board.
5.7. Unacceptable
site content, links, storage and/or distribution including, but not limited
to, pirated software or programs which are intended or used for security
violation purposes ("cracking software"); "Warez Sites"; "IRC Bots";
pornography; nudity; sexually explicit or offensive material; and defamatory,
scandalous, or private information about a person without their consent.
5.8. Adult and "Rated X" Material, Site content or links including, but not limited to, pornography; nudity;
sexually explicit or offensive material. Disturbing site
content or links. Site content or
links including threatening, defamatory, or scandalous language or
information.
5.9.
Background Running Programs,
Background Daemons, including, but not limited to, IRC bots; eggdrop;
BitchX(IRC Client); XiRCON; ShoutCast Plus IceCast; and any other program that
interferes with normal server operation.
5.10.
Illegal
Activities including but not limited to:
5.10.1.
Distributing information regarding the creation of or sending of Internet
viruses; worms; Trojan horses; pinging; flooding; mailbombing; or denial of
service attacks.
5.10.2.
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.
5.10.3.
Accessing
illegally or without authorization computers, accounts, or networks.
Attempting to penetrate security measures of a system ("cracking").
5.10.4.
Exporting
encryption software over the Internet or otherwise, to points outside the
United States or Canada.
5.10.5.
Forging or
misrepresenting message headers, whether in whole or in part, to mask the
originator of the message.
5.10.6.
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).
5.10.7.
Any activity
including, but not limited to, advertising, transmitting, or otherwise making
available ponzi schemes; pyramid schemes; fraudulently charging credit cards;
and pirating software.
5.10.8.
Engaging in
activities, whether lawful or unlawful, that m1host.com determines to be
harmful to its clients, operations, reputation, goodwill, or customer
relations.
5.11.
Disclaimers found
on the offending website will not protect the client account from being
terminated if such site is in violation of this Agreement.
5.12.
Failure to enforce
strict performance of any provision of this Agreement shall not be construed
as a waiver.
ALL FORMS OF
'UNACCEPTABLE USE OF SERVICE' ARE STRICTLY FORBIDDEN. EVIDENCE OF SUCH MATERIAL
WILL BE CAUSE FOR IMMEDIATE TERMINATION OF SERVICE.
m1host.com ON BEHALF OF M1Host WILL BE THE
SOLE ARBITERS AS TO WHAT CONSTITUTES A VIOLATION OF THIS PROVISION.
m1host.com WILL NOTIFY THE APPROPRIATE LAW ENFORCEMENT DEPARTMENT IF SUCH
VIOLATION IS A CRIMINAL OFFENCE.
6. Fees
6.1. Setup fees
are non-refundable. m1host.com does not issue refunds for fees paid in
advance or for fees and/or payment made towards your account after the first
30 days of Service.
6.2. One time fees
including but not limited to additional features, change domain name and
upgrade/renew fees are non-refundable.
6.3. Current
pricing for m1host.com services may be obtained by
checking price pages in http://www.m1host.com, m1host.com reserves the right to change prices, rates and/or institute new
charges/fees at any time.
6.4. A service
charge, up to the maximum allowed by the state you reside in, will be assessed
to your account for each check that is returned to m1host.com for
insufficient funds.
6.5. Payment must
be made towards your account on its assigned due date. If your account is
delinquent, your account may be suspended or terminated at the sole discretion
of m1host.com.
IF YOUR ACCOUNT
INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL INSTITUTION, m1host.com
RESERVES THE RIGHT TO RE-BILL FOR THOSE CHARGES, REGARDLESS OF YOUR ACCOUNT
STATUS.
m1host.com
may, at its sole discretion, charge a fee of US$25.00 or greater to reinstate
a suspended account.
6.6. If you
believe that m1host.com has billed you in error, you must contact the
Billing Department within 30 days of the invoice or transaction date of the
charge. Refunds or adjustments will not be given for any charges billed in
error which are more than 30 days old. To contact the Billing Department,
please leave an email to sales@m1host.com
or use "contact us" link in m1host.com.
6.7. Any site
found to be in violation of the Acceptable use Policy or the details discussed
in section 5 will be suspended/removed and subject to a $30.00 fee.
6.8. All residents
of British Columbia (BC) are subject to pay PST and GST taxes at 14.5%.
Residents of British Columbia are all clients who have their billing address
in British Columbia.
6.9. All residents
of Canada outside British Columbia are subject to pay GST at 7.0%. Residents
of Canada are all clients who have their billing address in Canada.
7. Disclaimer of
Warranties
7.1. You assume
full responsibility and risk for use of the Service by you and your authorized
users. The Service is provided on an "as is" and "as available" basis.
m1host.com does not warrant that the Service will be uninterrupted or
error-free. m1host.com makes no express or implied warranties,
representations or endorsements including, but not limited to, warranties of
title, non-infringement or implied warranties of service or fitness for a
particular purpose regarding all information or service provided through
m1host.com. No advice or information given by m1host.com, its
employees, affiliates or contractors shall create a warranty.
7.2.
m1host.com shall not be liable for any costs or damages arising directly
or indirectly from use of the Service. It is solely your responsibility to
evaluate the accuracy, quality, completeness, and usefulness of all opinions,
advice, services, and other information provided through the Service.
8. User Remedies
8.1. If you are
dissatisfied with the Service or any of its terms, conditions, rules,
policies, guidelines, or practices, your sole and exclusive remedy is to
terminate this Agreement and discontinue using the Service by closing your
account by one of the methods outlined in Section 10.
8.2. Under no
circumstances shall m1host.com, its employees, affiliates or contractors
be liable for any direct, indirect, incidental, special, punitive, or
consequential damages that result in any way from any: use of your account or
the Service or your inability to use the Service; your reliance on or use of
information, services or merchandise provided on or through the Service or
that result from mistakes, omissions, interruptions, deletion of files,
errors, defects, delays in operation or transmission, or any failure of
performance.
9. Indemnity
You agree to
defend, indemnify, and hold m1host.com and its affiliates harmless from
any and all liabilities, costs, and expenses, including reasonable attorneys'
fees, related to or arising from: any violation of this Agreement by you or
those who access this Service through your account; the use of the Service or
the Internet in general; and the placement or transmission of any message,
information, software, or other materials on the Internet by you or by those
who have access to the Service through your account.
10. Termination
of Agreement
10.1. You may
terminate this Agreement by using the methods outlined in Section 12 of this
Agreement. Your termination will only be complete upon your receipt of a
confirmation number from m1host.com. You will receive this confirmation
number either via Canada Post, Electronic Mail or both. Charges to your account
will stop accruing the day you receive your confirmation number. m1host.com will not issue refunds for fees paid in advanced or for
accounts that have been activated passed the 30 Day Money Back Guarantee mark.
10.2. Termination
of the account will take up to 3 days to process. Therefore,
for non-yearly accounts, the cancellation
request must come before 3 days before the initial billing date of the next
month.
10.3.
m1host.com may terminate this Agreement at any time without cause upon 30
days prior notice; or; immediately if you or any person who has access to the
Service through your account, commit a material breach of this Agreement
including, but not limited to, a breach of any obligation imposed under
Sections 2, 3, 4, 5 or 6 or if you fail to pay any charges within 10 days of
the date they accrue.
10.4. Upon
termination of this Agreement, all rights granted to you or your authorized
users under this Agreement shall immediately cease and terminate.
10.5. Termination
from this Agreement does not release you from the obligation to pay all
accrued charges under this Agreement.
10.6. Sections 6,
7, 8, 9, and 12 shall survive termination of this Agreement, m1host.com
retains the right to enforce these provisions regardless of account status.
10.7.
m1host.com provides a 30 day money back guarantee for the first 30 days.
Any client that cancels their account within 3 days of the end of the initial
30 days will be subject to a $5.00 penalty fee due to the time limits
discussed in 10.2.
10.8. If a client
is to cancel their non-yearly account after the initial 30 day period, and is
in violation of 10.2, they may be subject to a $3.00 termination fee.
11. Resellers
11.1. The 30 day
guarantee follows the same regulations as stated in 11.7.
11.2. All resold
accounts are subject to the terms discussed in section 1, 2, 3, 4, 5, 6, 7, 8,
9, 10, and 12.
11.3.
m1host.com accepts payment for reseller account via credit card
or PayPal only.
11.4. If a
reseller's monthly fee is past due, all accounts created under the reseller
account and the initial reseller account itself will be suspended.
11.5. A $10.00
re-activation fee will be charged to any reseller who is in violation of 11.4.
11.6. Any reseller
who's account has been listed as suspended for over 15 days will be cancelled
and charged a $10.00 cancellation fee.
11.7. Cancellation
of a reseller account must be submitted at least 5 days prior to the next
billing date. Any cancellation request that comes within the 5 day limit may
be subject to a $5.00 fee.
11.8. Upon
cancellation of a resold account, all accounts created under the initial
account and the initial account itself will be removed. It is your responsibility to inform your clients and move
their data.
11.9. If
cancellation of a non-yearly reseller account comes at the beginning of the month and no
payments have been made towards that month for 7 business days, all accounts
created under the reseller account will be immediately terminated and a $10.00
cancellation fee will be imposed.
12. Closing an
Account
12.1. You may
close your account by one of the following methods:
Send request via
Contact Us form C/O "Billing Department"
The request must meet the following criteria:
Include company or
personal letterhead.
Include your account information
(domain name, username, IP address, and password)
Reference your Order/Authorization Number you received with your first receipt
of payment.
Failure to enforce
strict performance of any provision of this Agreement shall not be construed
as a waiver.
This Agreement
shall be governed by and construed in accordance with the laws of the
Province of
British Columbia, Canada, without regard to its conflicts of law
provisions. You consent to the personal jurisdiction of the federal and state
courts having jurisdiction for Vancouver,
British Columbia, with respect to all disputes
arising out of this Agreement, your use of the Service or otherwise between you
and m1host.com. Any cause of action you may have with respect to the Service
must be commenced within six (6) months after the claim or cause of action
arises or such claim or cause of action is barred.
This Terms of
Service and Acceptable Use Policy Agreement constitutes the entire Agreement between you and m1host.com with respect to the Service.
Anti Spam
Policy
M1Host
Strictly Forbids Spamming and Enforces, this Policy. We Will
Terminate Your Membership if You Spam.
-
Anti-Spam Policy
m1host.com
strictly prohibits the sending of unsolicited mass e-mails of any kind. If a
member is reported for "spamming", m1host.com
will investigate and terminate the member's account and make them ineligible
for a new account. This includes clients
who have host space from m1host.com, resellers,
dedicated server owners, and referrals who earn money by referring others.
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What
does spamming mean?
Spamming mean sending
unsolicited and unauthorized e-mails to businesses and individual who do not
know you personally and have not agreed to receive your messages.
-
Take Action
Please report spamming to
abuse@m1host.com
Be sure to including the following in your report:
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