Terms of Service

This Terms of Service ("TOS") shall constitute a binding contractual agreement between MaxtonHosting.com hereinafter ("MaxtonHosting" and "The Company") and the subscriber of services ("Client", "You", "User", "Customer"). By using the service(s) provided by MaxtonHosting.com under this TOS, You acknowledge that You have read fully and agree to be bound by all terms and conditions of this TOS, and any pertinent rules or policies that are or may be published by MaxtonHosting. As our Customer, you are responsible for all your accounts. Should the Client violate the Terms of Service outlined within, the Client's account will be terminated without prior notice chance of refund.

1) Account Setup

MaxtonHosting.com will setup the Customer's account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is the Customer's responsibility to provide us with an email address which is not @ the domain(s) You are signing up under. If there is ever an abuse issue or we need to contact You, the primary email address on file will be used for this purpose. It is the Customer's responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of account.

2) Content

All services provided by MaxtonHosting.com may only be used for lawful purposes. Storage of any information, data or material in violation of USA law is prohibited. This includes, but is not limited to: material we judge to be threatening or obscene, or material protected by trade secret and other statute. Any attempt to undermine or cause harm to a server or Customer of MaxtonHosting.com is also strictly prohibited. The Subscriber agrees to indemnify and hold harmless MaxtonHosting.com from any claims resulting from the use of service which damages the Subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to MaxtonHosting.com' servers, or any other server on the Internet. We reserve the right to refuse, cancel or suspend service, at our sole discretion. Examples of unacceptable content include: child pornography, IRC bots, fraud, phishing, multi-level marketing, pyramid schemes, or any other activities deemed to be fraudulent, commercial audio or video streaming, malicious scripts, sending of unsolicited e-mail. Using an account as a backup and/or storage device is not permitted.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at support@MaxtonHosting.com.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

2.1) Backups and Data Loss

Your use of the service is at your sole risk. MaxtonHosting.com is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on MaxtonHosting.com servers.

3) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any User who sends out spam will have their account terminated with or without notice.

Websites advertised via spam ("spamvertised") may not be hosted on our servers. No organization or entity listed in the ROKSO may be hosted on our servers. Any Customer account which results in our internet protocol ("IP") space being blacklisted will be immediately suspended and/or terminated. MaxtonHosting.com reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

The Company reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of MaxtonHosting.

4) Resource Usage

The User may not:

a) Use more than 10MB of memory space, for more than 30 CPU seconds, or use more than 10% of all available system resources at any time. This is purely at the system administrators descretion. Resellers users cannot run any process that requires more than 15% of all available system resources at any time.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any software that interfaces with an IRC (Internet Relay Chat) network.
d) Run any bittorrent application, tracker, or client. The User may link to and/or index torrents that are off server, but may not host or store them on the Company's server.
e) Participate in any file-sharing/peer-to-peer activity.
f) Run cron entries with intervals of less than 15 minutes.

4.1) Inodes

The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file on your account uses up 1 inode. Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

4.2) Bandwidth Usage

All hosting solution plans come with a predetermined amount of traffic allowance. Should the Customer's account pass the allocated amount of bandwidth allocated, MaxtonHosting.com reserves the right to suspend the account until the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until the User upgrades to a larger package, or terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

5) Billing and Payment

You agree to supply appropriate payment for the services received from MaxtonHosting.com, in advance of the time period during which such services are provided. You agree that until and unless you notify MaxtonHosting.com of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of MaxtonHosting.com, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. MaxtonHosting.com provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact support@MaxtonHosting.com.

MaxtonHosting.com reserves the right to change the monthly payment amount and any other charges at anytime.

5.1) Cancellations and Refunds

MaxtonHosting.com reserves the right to cancel an account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time by sending a cancellation request via the client control panel (MHS Account Manager) at least 7 days before the renewal date. Cancellations will not be accepted via support ticket or email. MaxtonHosting.com offers a 7 day money-back guarantee on shared hosting and reseller hosting. There are no refunds on dedicated servers, administrative fees, installation fees for custom software, domain name purchases or any non-refundable licensing fees. MaxtonHosting.com reserves the right to refuse any refunds.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

5.2) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on MaxtonHosting.com, and the right to increase or decrease the amount of resources given to plans at any time.

6) Up-time Guarantee

If your shared/reseller acount has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of MaxtonHosting.com dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. Uptime guarantees only apply to shared/reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

7) Resellers

Resellers are responsible for supporting their clients. MaxtonHosting.com does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. MaxtonHosting.com will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

8.1) Limitation of Liability

Customer agrees that it shall defend, indemnify, save and hold MaxtonHosting.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against MaxtonHosting.com, 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 MaxtonHosting.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with MaxtonHosting.com; (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 customers from MaxtonHosting.com's server.

8.2) Arbitration

By using any MaxtonHosting.com services, you agree to binding arbitration. If any disputes or claims arise against MaxtonHosting.com or its subsidiaries, such disputes will be handled by an arbitrator of MaxtonHosting.com's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

8.3) Disclaimer

MaxtonHosting.com shall not be responsible for any damages your business may suffer. MaxtonHosting.com makes no warranties of any kind, expressed or implied for services we provide. MaxtonHosting.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by MaxtonHosting.com and its employees.

9) Disclosure to Law Enforcement

MaxtonHosting.com may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

10) Changes to the Terms of Service

MaxtonHosting.com reserves the right to revise its policies at any time without notice.

last updated: 25th November 2007.