| 1.)
Account Setup
We will setup your account after we have received payment
and we and/or our payment partner(s) have screened the order(s)
incase of fraud. It is your responsibility to provide us with
an email address which is not @ the domain(s) you are signing
up under.
2.) Content
All services provided by Malta Web Services may only be used
for lawful purposes. The laws of Malta, the United States
of America, the State of Florida and the State of Texas apply.
The customer agrees to indemnify and hold harmless Malta
Web Services from any claims resulting from the use of our
services.
Use of our services to infringe upon any copyright or trademark
is prohibited. This includes but is not limited to unauthorized
copying of music, books, photographs, or any other copyrighted
work. The offer of sale of any counterfeit merchandise of
a trademark holder will result in the immediate termination
of your account.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software /
Warez, ".img" / image hosting only sites that do
not host an actual domain name, Escrow, 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/archives/programs,
or sites promoting illegal activities
We reserve the right to refuse service to anyone. Any material
that, in our judgment, is obscene or threatening is prohibited
and will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within
48 hours may result in the suspension or termination of your
services.
Potential harm to minors is strictly forbidden, including
but not limited to child pornography or content perceived
to be child pornography:
Any site found to host child pornography or linking to child
pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement
agency.
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.
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. Please read our email policy for more details
here
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers.
This provision includes, but is not limited to SPAM sent via
fax, email, instant messaging, or usenet/newsgroups. No organization
or entity listed in the ROKSO
may be hosted on our servers. Any account which results in
our IP space being blacklisted will be immediately suspended
and/or terminated.
Malta Web Services 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.
Malta Web Services 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 Malta Web Services. All rights reserved.
4.) Payment Information
You agree to supply appropriate payment for the services
received from us, in advance of the time period during which
such services are provided. You agree that until and unless
you notify Malta Web Services of your desire to cancel any
or all services received, those services will be billed on
a recurring basis.
We reserve the right to change the monthly payment amount
and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. We are not
responsible for files and 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 our servers.
6.) Cancellation and Refunds
We reserve the right to cancel the account at any time.
Customers may cancel at any time. We give you an unconditional
30 day money back guarantee on managed shared hosting. Refund
requests after 30 days will be refunded on a prorated basis
of any unused time.
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.
7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90
seconds. There are numerous activities that could cause such
problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications
that require server resources. Remotely-hosted services are
fully allowed.
c) Run stand-alone, unattended server-side processes at
any point in time on the server. This includes any and all
daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet
Relay Chat) network.
e) Run any bit torrent application, tracker, or client.
Please note that you may link to torrents off server, but
may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities.
g) Run any gaming servers such as counter-strike, half-life,
battlefield1492, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file,
include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php")
use include("include.php")
7b.) INODES
The use of more then 50,000 INODES will result in
account suspension. Accounts found exceeding 50,000 INODES
will not be backed up on our backup servers. A INODE is the
actual file or directory and not the size of that file or
directory. For example your index.html file is 1 INODE. A
directory called homework is counted as 1 INODE as well.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance
varies depending on the hosting package you purchase. Should
your account pass the allocated amount we reserve the right
to suspend the account until the start of the next allocation,
suspend the account until more bandwidth is purchased at an
additional fee, suspend the account until you upgrade to a
higher level of package, 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.
9.) 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 our site, and the right to increase the amount of resources
given to plans at any time.
10.) Indemnification
Customer agrees that it shall defend, indemnify, save and
hold us, Malta Web Services, harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against us, 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 any
liabilities arising out of; (1) any injury to person or property
caused by any products sold or otherwise distributed in connection
with us; (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 Malta Web Services server.
11.) Disclaimer
We will not be responsible for any damages your business
may suffer. We make no warranties of any kind, expressed or
implied for services we provide. We 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 us and our employees.
12.) Changes to the TOS
We reserve the right to revise its policies at any time without
notice.
|