Messahost, provides web hosting to a large number of clients. We have a responsibility to protect each client and provide the best services available. The following guidelines have been established to insure this intent is met.
Messahost ("The Company") agrees to furnish services to the Account Holde/Subscriber, subject to the following TOS (Terms of Service). From herewith in this TOS and AUP, the usage of "us", "we", "our", "ours" shall constitute reference to Messahost and Messahost's beneficiaries, the usage of "you", "your", "they", "them" shall refer to client / customer of Messahost. Use of company services constitutes acceptance and agreement to the company's AUP as well as the company's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Messahost and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Account Holder/Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Disclosure : The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber.
Commercial Advertising- Email (SPAM) : Spamming, or the sending of unsolicited email, from a our server or using an email address that is maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. Messahost will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by Messahost about spam from any of our users or users of theirs, will be fined and billed for such work. The fee for such an instance if you are found to be at fault is $.50 per email sent and up to a $500 fine per incident.
Server abuse : Any attempts to undermine or cause harm to any Messahost server or customer of Messahost is strictly prohibited. Messahost holds no responsibility for the use of our clients' accounts. Any account that abuses server resources and is not corrected, calls for immediate de-activation without any refund of payments made thus far. Any site using what we deem to be using excessive cpu cycles or any resources that cause strain to other sites may also be offered new terms.
IP Ownership : If we assign a Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to us, and Customer shall have no right to use that Internet Protocol address except as permitted by us at our sole discretion in connection with the Services, during the term of this Agreement. We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by us, and we reserve the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies.
Contact & Billing Information : You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are required, secondary sources for contact are encouraged.
Domain Registrations and New Orders : You are also requesting us to register your site for you when selecting "new domain" in the order form of our site. We will use our registrar to register such services for you on your behalf and ensure the correct name servers are used saving you time and money. All domain registrations are NON-REFUNDABLE.
Free Domain Names : Any offers for free domains are for a one year registration unless it is stated otherwise. Domains that are offered under this type of promotion will need to be paid for upon the next years renewal date. Renewal is set at the regular low rates.
Billing and Fees: Subsequent payments are due on the anniversary date of the month or year for that month or year's service. Accounts not paid within a reasonable time may have their service interupted. Re-activating a suspended or terminated account may be subject to a $20 fee. If any terms or conditions are failed to be followed the account in question will be automatically deactivated. All credit card accounts are to be automatically billed on their anniversary date unless otherwise requested by the client. We are not responsible for any fees accessed on the client by their bank as a result of the client's account being invoiced.
Disputes and Failure to Pay: All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Messahost's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay an "Administrative Fee" of not less than $50 and not more than $150. The Company may temporarily deny service or terminate this Agreement upon the failure of the Account Holder to pay charges when due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Refunds : All payments are NON-REFUNDABLE! All annual and monthly plans are NON-REFUNDABLE! All payments for related services are NON-REFUNDABLE!
30 Day Guarantee : All new accounts are entitled to a 30 day money back guarantee. This guarantee begins the day we send out your accounts login details and activate your services. If you wish to cancel your account and receive a full refund within 30 days of the date you signed up, please contact sales (at) messahost.com with your request and domain name. Please note: This policy only applies to shared, multi-domain and reseller hosting services provided by us and does not apply to services such as dedicated servers, web design or products such as SSL certificates, domain names, and other products.
If you registered a free domain with a one year term and want to cancel within the 30 day guarantee the following will apply. You will be refunded the entire hosting cost minus $9.95 for the domain and a $5.00 cancelation fee.
Cancellation : All cancellations must be sent to sales (at) messahost.com. While there are no cancellation fees for normal cancelation of a hosting package older than 35 days, you must cancel a min. of 48 hours prior to your next billing cycle. Payments made up to your cancellation date are not refundable.
Domains registered through us included with a hosting package shall remain with us after cancelation and be renewed at our regular low yearly rates. Should you choose to transfer the domain to another registrar there will be a one time processing fee of $10.
We reserve the right to remove any account without advanced notice for any reason at any time.
SLA and Credit for uptime : All users are subject to the terms off this TOS (terms of service), our AUP (acceptable use policy), and our SLA (service level agreement). and Liability. If the server you are on falls below 99.9% uptime in a given month you will be eligible for a credit of one quarter of the month's fees per hour of down time encurred up to that entire month's fee.
Warranty : We are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. Messahost denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. You further acknowledge that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Refusal of Service : We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Modifications : These terms may be modified at any time and without notice. All users previous and new clients are always subject to the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of service and other policies at all time. It is our responsibility to provide these policies in a ready and readable form. We may or may not elect to post updates to our policies in various mediums available including but not limited to; email, forums, ticket systems, and chats.