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Terms,
Conditions and Acceptable Use Policy.
The terms below are an important part of the service
contract between you and MesraHosting.net Once you
apply for our service, we deem that you have agreed
to this terms and conditions or your order will not
be processed. The following words used in context
of the Service Contract are defined as follows:
| Provider |
MesraHosting.net |
| Client |
The
person or entity or company who is using
MesraHosting.net's
Web hosting services |
The Provider agrees to provide, and Client agrees
to receive, access to the virtual server or Web hosting
services according to the following terms and conditions:
Specific
Acceptable Use Policies
Unauthorized
use of other people's accounts or computers
MesraHosting.net will strongly react to any use or
attempted use of an Internet account or computer without
the owner's authorization. Such attempts include "social
engineering" (tricking other people into releasing
their passwords), password cracking, security hole
scanning etc.
Any unauthorized use of accounts or computers by a
MesraHosting.net customer, whether or not the attacked
account or computer belongs to MesraHosting.net, will
result in action against the attacker. Possible actions
include warnings, account suspension or cancellation,
and civil or criminal legal action, according to the
seriousness of the attack.
Adult Oriented Websites
We do not allow adult oriented websites on our servers
due to the fact that they are resource intensive.
We do not feel is it fair to our other customers to
allow sites that inhibit their performance. We reserve
the right to terminate any adult sites, damaging,
violation, hacking that are found
on our servers without issuing a refund.
File backups and restore
Although MesraHosting.net does back up data daily,
it is the users responsibility
to back up all files. MesraHosting.net's automatic
back up system is designed to
restore entire file systems in the event of complete
disk loss. It is not,
however, designed to restore individual user's files.
At no time will we
be liable for lost data, and if asked to restore files
for an individual
customer outside of a complete file system failure.
Customers who use CGI/PHP scripts to maintain
file-based databases should take precautions to ensure
that data is not
lost in the event of a shortage of disk space (including
over quota
errors), reboots or killed processes. At no time shall
MesraHosting.net be liable
in the event a customer CGI/PHP application fails to take
proper precautions
and truncates user data, even in the event of a reboot
or shortage of diskspace.
Lawful Purpose
MesraHosting.net reserves the right to refuse service
to anyone. Customers may only use MesraHosting.net's
server for lawful purpose. Transmission of any material
in violation of any Federal, State or Local regulation
is prohibited. This includes, but is not limited to
copyrighted material, material legally judged to be
threatening or obscene, material protected by trade
secrets, child pornography and satanic materials.
MesraHosting.net expressly forbids anyone from using
MesraHosting.net's servers for the propagation, distribution,
housing, processing, storing, or otherwise handling
in any way the above, or any other material which
we deem to be objectionable. The designation of any
materials as such described above is left entirely
to the discretion of MesraHosting.net's management.
MesraHosting.net's services are intended for the end
user only. Customers cannot sublease, subhost, or
give away control of any portion of MesraHosting.net's
resources. Doing so could result in immediate account
cancellation.
Your password is considered private and is not to
be given out to any third party outside your organization.
Payment Policies
If make an order, we will create an account for you.
If we did not receive any payment three (3) days after
your order, we will suspend your account. Two (2)
weeks after suspension, we will terminate your account
if the payment is still not being made. You will continue
to be automatically billed and renewed until you fill
out a cancellation request form.
The payment must be made through money order or postal
order and pay to Multi System Resources and Network
Sdn Bhd.
The customer is responsible for all money owed on
the account from the time it was established to the
time that the customer properly executes a cancellation
request.
If you are a check paying customer, terms and condition
will be sent to you via e-mail. We allow up to seven
(7) days for payment to arrive for those who are inside
Malaysia and two (2) weeks for those who are outside
from Malaysia.
For monthly payment, If we did not receive any payment
after 24 hours of your expired date, we will suspend your account.
One (1) weeks after suspension, we will terminate your account if the payment is still not being made.
For yearly payment, If we did not receive any payment after
24 hours of your expired date, we will suspend your account.
One (1) weeks after suspension, we will terminate your account if the payment is still not being made.
Cancellations and Refunds
Customers can cancel service any time. The customers
account comes with our 30 day money-back guarantee
which is only valid for the initial billing period.
This is the only method we accept for cancellations.
If you wish to cancel your account, you may do so
by emailing us at sales@MesraHosting.net
MesraHosting.net reserves the right to cancel service
at any time without notice for any reason that
MesraHosting.net
deems appropriate. All monthly service fees paid in
advance of cancellation will be pro-rated and refunded
by MesraHosting.net if MesraHosting.net institutes
its right of cancellation. If cancellation is caused
by the customer's violation, damaging of these
policies, then no refund is due. If customer initiates
cancellation and this cancellation is placed after the
first 30 days of the initial billing period, then no
refund is due. Each billing period is considered a
contract that you are responsible for fulfilling. Your
files WILL BE DELETED when we receive this form. Phone
or email requests will not constitute acceptance of
any cancellation. Refunds will be made by company
check within 30 days of receipt of cancellation, if a
refund is due. No refund for any hosting account after
the domain name is registered and no refund for
Reseller Hosting Account, Colocation and Dedicated
server.
Indemnification
Customer agrees that it shall defend, indemnify, save
and hold MesraHosting.net harmless from any and all
demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against
MesraHosting.net,
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
MesraHosting.net against liabilities arising out of;
(1) any injury to person or property caused by any
products sold or otherwise distributed in connection
with MesraHosting.net's server; (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
customer from MesraHosting.net's server.
Disclaimer
MesraHosting.net will not be responsible for any damages
your business may suffer for any reason, including
negligence on our part. This includes loss of data
resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by
MesraHosting.net
and its employees. MesraHosting.net makes no warranties
of any kind, expressed or implied about the services
we provide. MesraHosting.net specifically disclaims
all warranties of merchantability and fitness for
a particular purpose.
Content:
All services provided by MesraHosting.net may be used
for lawful purposes only. Transmission, storage, or
presentation of any information, data or material
in violation of any Malaysia Federal or State law
is prohibited. This includes, but is not limited to:
copyrighted material, material we judge to be threatening
or obscene, unlicensed software or files, or material
protected by trade secret and other statue. The subscriber
agrees to indemnify and hold harmless MesraHosting.net
from any claims resulting from the use of the service
which damages the subscriber or any other party.
Examples of non-acceptable content or links
· Pirated software
· Illegal MP3's
· Hackers programs or archives
· Warez Sites
· Child Pornography
MesraHosting.net will be the sole arbiter as to what
constitutes a violation of this provision.
Background Processes/Programs
MesraHosting.net may allow programs to run continually
in the background, these are considered on a one to
one basis and a extra charge may be incured based
on system resources used and operational maintenance
needed.
Cron
Jobs:
MesraHosting.net does allow Cron Jobs to be conducted
on our servers.
IRC:
MesraHosting.net currently does not allow IRC or IRC
bots to be operated on our servers.
Idle
Timeouts:
MesraHosting.net may disconnect any idle connection
to the network.
Average timeouts are:
FTP - 300 seconds
Dial-Up - 10-15 minutes
Telnet - 2 hours
Commercial
Advertising - Email:
Spamming, or the sending of unsolicited email, from
a MesraHosting.net server or using an email address
that is maintained on a MesraHosting.net machine is
STRICTLY prohibited. For general reference, we consider
spam any email that is sent to more than 10 people
at a time that did not ask for it to be sent to them.
If a client is identified as spammer, we will immediately investigate, and if proven true, the account will be terminated immediately and the client will be liable to cover all damages caused and the costs of any penalties imposed by law.
All payments made by said customer will not be refunded.
MesraHosting.net will be the sole arbiter as to what
constitutes a violation of this provision. Opt-In
email is acceptiable, as long as Opt-Out/Removal request
are fully honored. Please make an effort to limit
outgoing mail on your account to no more than 100
pieces per hour. Large mailings are preferred to be
sent from the hours of 12AM - 8AM GMT+8
Network and Server Security
Violations of system or network security are 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, forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Any attempts to undermine or cause harm to a Webhosty server, customer of Webhosty or servers outside Webhosty is strictly prohibited, and is followed by an account deactivation with no refund.
Server Resources
It is a violation for anyone to post information or to include programs on our servers that consume server system resources and slow down the server in turn. Any party that slows our servers down, can and will be notified.
MesraHosting.net reserves the right to terminate any running software processes that are overloading a server, or slowing it down heavily.
CPU/RAM
Usage
The CPU/RAM consumption of a web site may in no way affect the performance of a server. This means that the implementation of
scripts on a web site must be carefully studied by the account's owner. Examples of what can cause high CPU/RAM usage are:
- Scripts that handle too much data from text files. An example of this is a message board. The UBB (Ultimate Bulletin Board)
& Ikonboard is well known to consume very high amounts of CPU anytime it has to handle its flat file/mysql database (like when someone posts a message).
- Perl scripts constantly executed consume a lot of server resources, since the Perl interpreter must be launched each time the script is called.
- Scripts with long loops.
- Scripts that are constantly calling a database and doing complex queries.
- We reserve the right to disable any script that affects normal shared server operation without notice.
- Web sites with excessive traffic will consume plenty of CPU and RAM, since the webserver has to handle more. Any web site with more than
100,000 hits per day will be considered a high traffic web site. Special prices apply in such case. The user will be alerted if his/her site goes beyond such limit, and will be given 3 days to either upgrade his/her plan to accomodate the added traffic or to lower the traffic. If not, the account's traffic consumption will be controlled, or, the account might get cancelled
If a script (and its instances) is found to be consuming too much CPU power (more than 100MhZ) and/or RAM
(more than 64MB), and it's affecting the overall performance of a server,
MesraHosting.net has the right to move/block the script, and warn the account's owner. The warning will consist of a request to improve the performance of the script, or to replace it with a more efficient one. If, the account's user pays no attention to a warning (or several ones) and puts the script back to operation,
MesraHosting.net has the right to again block the script and/or change the account's password until the user complies. If, after that, the user still pays no attention to the warning and puts the script back,
MesraHosting.net will delete the account. No refunds
for the current month of service will be given.
Server
Abuse:
Any attempts to undermine or cause harm to a
MesraHosting.net
server or customer of MesraHosting.net is strictly
prohibited. MesraHosting.net will pursue legal action
to the fullest extent for all abuse of the
MesraHosting.net
Network.
Suspension/De-Activation:
If any terms or conditions are failed to be followed
it will result in grounds for account suspension or
de-activation. MesraHosting.net reserves the right
to remove any account without prior notice. If
MesraHosting.net
deactivates your account(s) for violating policy,
your will forfeit your rights to a refund...and none
will be given. No refunds for advance payments, on
de-activated accounts. Normal policy is a warning
first, and account de-activation the second offense.
Serious offenses may cause immediate de-activation.
MesraHosting.net
is proud to offer an exceptional level of performance,
reliability, and service. That is why we are making
commitments to our customers in the form of a Service
Level Agreement (SLA) which provides certain rights
and remedies regarding the performance of the
MesraHosting.net
network. The MesraHosting.net Service Level Agreement
(SLA) guarantees our network/equipment reliability
and performance. This Service Level Agreement (SLA)
applies to customers of MesraHosting.net web hosting,
reseller, dedicated server, and e-commerce services.
Uptime
Guarantee:
MesraHosting.net strives to maintain a 99.5% network
and server uptime service level. This uptime percentage
is a monthly figure, and is calculated solely by
MesraHosting.net
monitoring systems or MesraHosting.net authorized/contracted
outside monitoring services. If MesraHosting.net fails
to meet it's 99.5% uptime guarantee, and it is not
due to one of the exceptions below, credits will be
made available to each client, upon request, on a
case by case basis. MesraHosting.net does not credit
a full month's service for minor downtime. This would
not be financially healthy for MesraHosting.net and
in turn would only negatively affect the service level
MesraHosting.net provides to you. "Partial refunds
for partial downtime" is our standard policy.
In extreme circumstances, MesraHosting.net may distribute
full month credits, but this is dealt with on a case
by case basis. Details on how credit amounts are calculated
can be found below.
Exceptions:
Customer shall not receive any credits under this
SLA in connection with any failure or deficiency of
the MesraHosting.net network caused by or associated
with:
1-Circumstances beyond reasonable control, including,
without limitation, acts of any governmental body,
war, insurrection, sabotage, embargo, "Acts of
God" (ie...fire, flood, earthquake, tornado,
etc...), strike or other labor disturbance, interruption
of or delay in transportation, unavailability of or
interruption or delay in telecommunications or third
party services, failure of third party software or
inability to obtain raw materials, supplies, or power
used in or equipment needed.
2-Telco
or Backbone Failure (TMnet, Jaring etc)
3-Hardware
failure (faulty hardware is rare, but cannot be predicted
nor avoided). MesraHosting.net utilizes only name
brand hardware of the highest quality and performance.
4-Software
bugs/flaws (Expolits and bugs may develop that cause
security issues or downtime)
5-DNS
issues not within the direct control of MesraHosting.net
6-Network
floods, hacks, attacks from outside parties or individuals
7-Failure
or error of any MesraHosting.net monitoring or measurement
system
8-Client's
acts or omissions, including without limitation, any
negligence, willful misconduct, or use of
MesraHosting.net
service(s) in breach of MesraHosting.net Policy and
Service Guidelines by Client or others authorized
by Client.
Connectivity:
MesraHosting.net goal is to make the MesraHosting.net
network available to Client free of outages for 99.5%
of the time. An "outage" is defined as an
instance in which Client is unable to transmit and
receive IP packets due to a MesraHosting.net service
failure for more than 15 consecutive minutes, excluding
service failures relating to MesraHosting.net scheduled
maintenance and upgrades.
Hardware Failure:
MesraHosting.net stands behind all equipment on our
network. Faulty hardware is rare, but cannot be predicted
nor avoided. MesraHosting.net utilizes only name brand
hardware of the highest quality and performance.
MesraHosting.net
will replace all faulty hardware affecting performance
levels of equipment within 48 hours, which includes
hardware issues that cause server crashes or speed
issues. Hardware failure resulting in complete network/server
outage/downtime will be corrected within two hours
of problem identification. MesraHosting.net will replace
all faulty hardware on dedicated servers (rented or
leased servers), at no charge to the Client, with
an unlimited free replacement policy. This includes
parts ordered as upgrades.
However, MesraHosting.net will not be liable for any loss of Client data resulting from any hardware or network failure, and stress the importance of back up by Clients themselves as mentioned above.
General:
MesraHosting.net reserves the right to change or modify
this SLA to benefit the Client, and will post changes
to location currently housing this SLA at time of
modification, which will be made available to Client.
Except as set forth in this SLA, MesraHosting.net
makes no claims regarding the availability or performance
of the MesraHosting.net network or servers. Specific
terms/points of this SLA may be adjusted on a case
by case basis by the specific Service Agreement signed/agreed
by client. In case of difference terms/points in SLA
and Service Agreement, the Service Agreement terms/points
prevail over this general SLA policy. The Service
Agreement signed/agreed by client, is above and beyond
this SLA, and Service Agreement terms are in affect,
including, but not limited to, limitations of liability.
OUR GUARANTEE!
We want you to be a satisfied customer! We can only
be successful if we have satisfied customers, so we
go the extra mile to make sure we offer the highest
quality of service at great prices. While our business
is MesraHosting.net, we will try to direct you to
places with answers to questions that are outside
of Hosting, but still part of being on the Web.
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