Terms of Service
1.) Account Setup
We will setup your account after we have received payment confirmation.
2.) Server Use
The servers provided by Malta Web Services are intended for web services use only. Accounts are to be used by the primary owner only. Account holders are not permitted to resell, store or give away web hosting or email services to other parties. Any use of our servers for file storage, data warehousing, backup data storage, mirror sites or any form of data file storage or management is prohibited. All services provided by Malta Web Services may only be used for lawful purposes. The laws of Malta, The United Kingdom, the United States of America, the State of Florida and the State of Texas apply.
The customer agrees that web pages and files uploaded to Malta Web Services servers will not violate any local, national or foreign laws or regulations; infringe on any intellectual property rights of Malta Web Services or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or send malicious, destructive or nuisance code, examples of which but are not limited to, viruses, worms, Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks.
The use of Malta Web Services systems to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. We are required by law to notify the Police if we become aware of the presence of child pornography on, or being transmitted through our systems.
Unacceptable uses also include but are not limited to: copyrighted files, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers.
Malta Web Services does not monitor the contents of its customers' servers; however, if suspicion occurs, Malta Web Services reserves the right to investigate and terminate the customer's subscription to the service.
Malta Web Services will be the sole and final arbiter as to what constitutes a violation of this policy.
4.) Zero Tolerance Spam Policy
Any sending of unsolicited e-mail, bulk emailing, chain letters and spam is prohibited. "Safe lists" and "double opt-in" will be treated as spam. Any customer who sends out spam will have their account terminated. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. Any account that causes our IP space to be blacklisted will be immediately suspended and/or terminated.
Malta Web Services reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee at Malta Web Services’ discretion.
5.) Resource Usage
The Customer may not: a) Use 25% or more of system resources for longer then 90 seconds. b) Run any type of interactive real-time chat applications that require server resources. 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. f) Run any gaming servers. g) 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").
Engaging in any activity that, at Malta Web Services’ absolute discretion, disrupts, interferes or is harmful to our services, business, operations, reputation, customers or ability of our customers to use our service is prohibited.
The customer agrees not to run any scripts, executables, proxys or other programs or processes on Malta Web Services servers that will in any way adversely affect the performance of said servers. When a website is found to be monopolising the resources available, the account holder will be contacted in order to discuss the situation. If no arrangement can be reached, Malta Web Services reserves the right to terminate the account.
6.) Peer to Peer / File - Media Sharing / Streaming
The customer will not run services or software related to Peer to Peer file sharing, bit torrent or any website providing media or file streaming/sharing. Media streaming requires a specific setup, which is not available.
7.) Bandwidth Usage (Limited Plans)
Should your account exceed its monthly bandwidth allocation it will automatically be suspended by our system. The account will remain suspended until the start of the next calendar month when the bandwidth is reset or until an extra bandwidth allowance is purchased or until the client purchases an account upgrade.
Malta Web Services provides the tools needed to create backups of account data. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Malta Web Services does not take backups of customer websites. Your data is stored on a storage platform with hardware redundancy to protect against data loss through hardware failure but we are not responsible for data loss caused by customer error.
9.) Payment Information
The customer agrees to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. We reserve the right to change the monthly or yearly payment amount and any other charges at anytime. Late Payments on domain name registration may cause the domain to go into quarantine with our supplier. In this case there will be a quarantine reinstatement fee ranging from €50 to €200 plus VAT depending on the domain registrar.
Malta Web Services will not be held responsible for any issues caused by late payments from the customer.
10.) Cancellation and Refunds
We reserve the right to cancel the account at any time. The customer may cancel at any time. Any refund requests granted will be refunded on a prorated basis of any unused time. Domain Name Registration is Non Refundable.
11.) Price Change
We reserve the right to change prices listed on our site, and the right to change the amount of resources given to plans at any time.
12.) Administration Fees
Due to the low cost nature of our services we reserve the right to charge for administration of the customers account at our standard hourly rate for any administration needed to assist with the management of the customer’s account where there have been no issues or errors with the hosting account service. Any request to transfer web hosting and/or domain registration to another party will also be chargeable for the estimated time needed and should be requested and paid for in advance.
The 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.
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 disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery and any service interruptions caused by our employees and us.
15.) Changes to the Terms of Service
We reserve the right to revise these policies at any time without notice.