Agreement Between MCCE And All Customers
Activities Subject to Immediate Deactivation.
MCCE will not tolerate verbal or written abuse towards any staff member with MCCE of any description. If this happens the account will be terminated from the MCCE server immediately.
Any Hosting Account that is used for Illegal, Abusive or Unethical Activity may be immediately deactivated by us without warning to you. Any misuse or overuse of the server will result in immediate deactivation of an account. Illegal, Abusive or Unethical Activities include, but are not limited to inclusion of or linking to, pornography, mp3′s, obscenity, nudity, phishing, violations of privacy, hacking, irc related scripts and programs, psyBNC, non approved server scripts, eggdrops, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. In the event these are found to be on our servers your account will be suspended and voided. At that time any monies due will be refunded less any monies paid by MCCE during signup. These fees could include merchant account and gateway fees. These fees will be deducted from the lump sum payment and the difference refunded.
You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we are not required to give notice before deactivating your use of our services if, in our discretion, your use is or results in Illegal, Abusive or Unethical activities. If a Hosting Account is disabled, the regular monthly fees still apply. Each individual hosting account is allowed 1 main domain name with all additional parked domain names pointing to the main site of the main domain, unless otherwise specified. MCCE reserves the right to Cancel/Deactivate any account at any time for any reason.
There will be no tolerance of any abuse of any of our support methods, which will result in immediate suspension. Please understand that all information submitted on the Hosting Account shall be considered publicly accessible. Important and private information should be protected/backed up by you. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use. Unsolicited Electronic Mail. No harvesting of email addresses will be tolerated and will lead to termination without notice. You are expressly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming will be immediately subject to a $250 cleanup/network abuse fee.
MCCE’s web hosting service primary function is serving web pages. We reserve the right to discontinue any account which uses our servers extensively or primarily for some other purpose (e.g. compilation of programs, data analysis, etc.) or any other purpose intended to reduce the load on another server that is run by anyone other than MCCE.
Servers are not to be used for the hosting or serving of file downloads.
Any site with traffic or disk usage consisting of more than 33% of file downloads (non html traffic) may be suspended.
* Customers are not permitted to open connections to the server at a rate of more than 3,000,000 connections/month.
* Customers are not permitted to run scripts (pertaining to game servers) to monitor connections and statuses of other servers unless otherwise prior written authorization is granted. MCCE can and will terminate accounts of people using our servers not to host their domain but only scripts. Minimum server specifications are not guaranteed on all machines, however upon request any account will be moved to a server matching our current minimum server specifications. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute.
MCCE reserves the right to remove such illegal material from its server immediately. MCCE expressly forbids anyone from using MCCE servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, satanic material, or any other material which we deem to be objectionable. MCCE has the right to have ssh keys setup on each server for monitoring. Any time a client removes these keys he will be open to termination and no refund of any monies paid. MCCEs sets the port for which ssh is utilized on any server. These ports will only be changed with permission from MCCE. At any time MCCE has the rights to terminate any account that changes this port without permission from MCCE. No refund of any monies will be given if this occurs.
The designation of any materials as such described above is left entirely to the discretion of the MCCE management.
Payment Policies
- In some cases if a problem arises with the account, the user will be notified via e-mail.
- All accounts are set up upon receipt of full payment.
- Check and money orders clients will have their account activated once payment is received. Invoices for subsequent payments are due upon receipt.
- Payment is due on the account renewal dates without dispute.
- We are very confident in our services. We offer all customers a 100% Money Back Guarantee on hosting services. If you are dissatisfied with your services within the first 30 days of signing up your account, and if we are unable to fix the problem, we will refund 100% of your monthly hosting fee back to originating payment method (for the first month only) minus the setup fee. If you signup for a quarterly or annual plan, we will refund the first month hosting minus the setup fee.
- If users signup a domain account and that domain is already owned by somebody else, MCCE will contact the user and request a new domain; a $35.00 fee may be assessed to update the account if the account is already setup on our system.
- Current domain and renewal fees for .com, .net, and .org are $25.00. Other extensions will vary in cost.
- All accounts are set up on a prepay basis. Setup fees that are charged for all new accounts and major account changes including domain name registration are non-refundable.
- Development, maintenance, setup, etc. fees are non-refundable.
- MCCE reserves the right to change prices at any time without notification.
- Any cancellations or modifications in services included in a Special invalidates the Special price. No refunds given for cancellations.
- Service fees do accrue during any period of suspension.
- The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies MCCE in writing for a request for termination of services. Checks returned unpaid (NSF) will be assessed a $35 charge. All payment is in U.S. currency.
- If your payment is declined after the third attempt, MCCE reserves the right to add a $35 fee. Declined Credit Cards at treated the same way as a check being returned for insufficient funds
- Customers authorize MCCE to initiate either an electronic debit or to create and process a demand draft against payee bank account whenever a check for payment of goods or services is submitted. The amount of the debit and bank account information will be used directly from the check. Customer acknowledges that the origination of ACH transactions to my account must comply with the provisioning of United States law. This payment authorization is to remain in full force and effect until customer, notify MCCE of its cancellation by sending written notice in such time and in such manner to allow both the MCCE and receiving financial institution a reasonable opportunity to act on it.
Backups
MCCE will perform daily, weekly, and monthly backups for each site. Each day, the previous day’s backup will be overwritten. Once a week and once a month the weekly and monthly backups will be overwritten also. Based on this some backups, depending when they run, will have the same date at certain times. This is provided as a convenience to the client at no charge, there are no guarantees for this backup service; MCCE is not responsible for clients content. Clients are encouraged to periodically backup their sites also. Restores will accrue a fee.
In the event a client cancels their website, the client may request a compressed copy of their website at that time. Request made after cancellation will be assessed a charge. MCCE will keep a copy of the clients website on file for 30 days after cancellation. After the 30 days expires the website files will be removed from the servers of MCCE.
MCCE is not required to keep copies of any site that is terminated by MCCE for any reasons in breach of this agreement.
Disclaimer
MCCE will not be responsible for any damages whether direct, consequential or otherwise your business may suffer. MCCE makes no warranties of any kind, expressed or implied for services we provide. MCCE reserves the right to dump any raw access logs when it affects the operation of servers used. MCCE disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by MCCE and its employees. If MCCE must institute legal proceedings, the subscriber shall incur all reasonable legal fees, court costs, and expenses.
MCCE furthermore expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber’s failure to comply with those laws will violate MCCE policy. Finally, MCCE wishes to emphasize that in accepting services, subscribers indemnify MCCE for any violation of the subscriber of the Services Agreement, or of law or MCCE policy, that results in loss to MCCE or the bringing of any claim against MCCE. This means that if MCCE is sued because of activities of the subscriber that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the subscriber will pay any damages awarded against MCCE, plus costs and reasonable attorneys’ fees.
Design & Scripting Copyright
MCCE reserves the right on all design and scripting work done for their customers. Any design or programming done by MCCE is copyrighted and can not be resold without prior constant from MCCE in a certified document form. All agreements and cost of said design or Programming is required to be kept between the client “MCCE” and the customer on a one on one basis. These prices or and quotes must not be given out. Any time this is done and effects MCCE’s design pricing on future designs person or persons involved in this could be held accountable for all lost cost’s to MCCE in a court of law.
Guaranteed Uptime
We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all accounts are well taken care of. We cannot guarantee or predict server downtime. Any network problem, or outage, is not covered under any guarantee or warranty and will not be grounds for reimbursement for any subsequent financial damages or losses. Even though we do daily, weekly, and monthly backups on all accounts on all servers user backups are ultimately the account holder’s responsibility.
MCCE guarantees that your server will be operational for 99% during a calendar month. This does not include scheduled downtime for maintenance on servers, which will be minimal, and necessary. This also doesn’t include mass-network problems such as major backbone problems or hardware failures.
You must submit full documentation by email to MCCE with your credit request, documentation must show details of proof of downtime. These can be in any manner including Pings, trace routes, or 3rd party outage notifications. Emails without full details are not liable for a credit. The credit must be requested within the first 3 days of the outage that has occurred.
MCCE will not be liable for any lost revenues during your down time.
Cancellation
In the event you cancel your service, you will be charged in full for the entire month in which you canceled your service. If you pre-paid for service, no refund will be given for any un-used time. For example, if you signed up for a year, and used 6 months, you will not receive a refund for the un-used 6 months. Any reseller accounts are the responsibility of the reseller and not MCCE. No refunds will be given for these type accounts. Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance will be terminated, including domain registrations. Refunds will not be given for any reason in the case of account non-use, misuse, or abuse. This could include spamming, phishing, or abusive remarks towards our company and staff.
Refunds will not be given on domain registration fees. There is a $50 administrative fee for any illegitimate chargebacks placed against us. Any illegitimate chargebacks or threatened illegitimate chargebacks are grounds for immediate account cancellation.
30 Day Guarantee
The 30 day guarantee covers cancellation of an account during the first 30 days of service, due to our inability to deliver satisfactory service. The customer will be refunded all hosting charges made to their credit card less any setup fees, software installs, Secure Site Certificates “ssl”, and domain registrations which are non-refundable. This guarantee is also applicable to yearly customers.
Refunds will not be given for any reason in the case of account non-use, misuse, or abuse. This could include spamming, phishing, or abusive remarks towards our company and staff.
Refunds will not be given on domain registration fees.
MCCE reserves the right to revise its policies at any time without prior notification.