Terms of Service (TOS)
MBS Hosting Customer (Users) agrees when using, or accessing MBS Hosting services that the terms and conditions of this policy will be met:
- User agrees to use the service in a manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, MBS Hosting reserves the right to cooperate with all or any law enforcement agencies.
- User agrees to follow the Acceptable Use Policy of any network user connects to, including MBS Hosting system Policies, TOCs, values, ethics and resource usage policies.
- Neither MBS Hosting nor its Information Providers are responsible for any damages arising from User’s use of MBS Hosting or by User’s inability to use MBS Hosting service.
- User hereby agrees that any material submitted for publication on MBS Hosting through user’s account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. User’s may not host any hardcore adult content or porn websites, nor any websites with human or animal abuse, or any abusive content of any matter, on our servers. Software intended to facilitate any such violations or infringements may not be stored on MBS Hosting. An account on MBS Hosting that violates these terms will be immediately suspended without any refund or return of fees to the user.
- The following violations of “netiquette” are grounds for immediate suspension of service pending investigation by MBS Hosting and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.
- Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
- Sending unsolicited mass e-mailings which provoke complaints from the recipients. (Spam emailing is not tolerated.)
- Engaging in either of the above from a provider other than MBS Hosting and using an account on MBS Hosting as a mail drop for responses, or advertising a web site hosted at MBS Hosting.
- Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by MBS Hosting.
- Impersonating another user or otherwise falsifying one’s user name in email, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
- MBS Hosting prohibits IRC and associated programs, including psybnc, “bots”, etc., scripts commonly used for abuse, attacks, or flooding threatening, harassing, or obscene content and any proxies which do not require authentication, including open mail proxies, unprotected anonymous web surfing proxies.
- Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by MBS Hosting.
- User agree to not use excessive amounts of resources above their allocated daily quota if per day usage, or monthly and yearly quota. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your user account.
- Shared Hosting Resource Limits: User with MBS Web Hosting account and/or MBS Managed WordPress Hosting account may use up to 200% CPU out of 2 CPU Cores, but no more than 200% CPU of 2 CPU Core, and the usage is limited to 2 CPU core, 2 GB memory worldwide or 4 GB for USA, average of 5 Mbps worldwide (10 Mbps USA) read & write operations, no more than 100 NPROC – processes or no more than 40 Entry Process. Cron jobs must not execute more than once every 30 minutes unless if specified by the script provider and will be niced to 15 or greater. Each user account may not send more than 200 emails per hour.
- If it is determined that a customer’s account is overusing the system resources, we may temporarily suspend the account to prevent the server from experiencing any issues, resulting problems to other valued customers. If it is determined that the account is not suitable for the shared server environment, a notice will be sent to the customer providing them alternative solutions or such as a Custom Hosting Plan with high resources, VPS or a Dedicated Server. MBS Hosting will be the sole arbiter as to what constitutes a violation of this provision and MBS Hosting reserves the right to make adjustments to these limits at their sole discretion.
- All unmetered dedicated servers and virtual private servers (VPS) are installed on hundred mbps shared bandwidth ports, unless service is sold as a specified port size or specified/requested as a capped port. MBS Hosting reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources. This will generally not include short spikes in usage, but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client’s data transfer rate affects other MBS Hosting clientele, MBS Hosting reserves the right to throttle the service causing such a problem.
- MBS Hosting performs daily or daily and weekly backups on all of our servers to ensure critical files are never lost. Our daily and weekly backups are created for accounts that are under 20 GB and 250,000 Inodes. These limits apply to each cPanel user individually. Furthermore, MBS Hosting does not guarantee this feature to any of the clients, and therefore strongly advise the client to regularly perform a backup of their own data, hosted with MBS Hosting. In the unfortunate event that the client has lost their data hosted with MBS Hosting, will use reasonable endeavors to restore the client’s data; however, MBS Hosting will not be responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups or any data loss due to faulty hardware. We highly encourage our customers to have their own separate backups if user website or data is critical to user business or livelihood as no backup method is failsafe therefore MBS Hosting make no warranties.
- The use of more than 50,000 inodes on any cPanel account (single user) may result in automatic warning on cPanel > Stats > inodes. There will be no service interruption at this stage but if no action is taken to reduce the inodes, service interruption may take place once a user reach 250,000 Inodes. Accounts found to be exceeding the 250,000 inode limit will automatically show resource exceeded message and may be suspended if no action is taken to reduce the inode count. Virtual private servers have a server wide limit of 5 million and there are no per cPanel user limits. Users with reseller plans have a reseller wide limit of 1 million inodes in addition to the per user limit, however this reseller limit is not something we actively enforce and it will only become an issue if a reseller is causing problems for other resellers on the server. If a resellers inode usage is in between 5 to 10 million inodes we may request the reseller to upgrade to a dedicated server or provide adequate time to resolve the inode usage, if no action is taken by the reseller, account may be suspended. Budget resellers have a per user limit of 50,000 inodes and a 250,000 reseller wide limit of inodes. If this limit is exceeded, we may request the budget reseller to upgrade to a normal reseller plan or provide adequate time to resolve the inode usage, if no action is taken by the budget reseller, account may be suspended.
- Every file (a web page, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed MBS Hosting inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files or resellers with millions of files that cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past the MBS Hosting inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.
- User MUST NOT use our hosting services to offer any of the following kinds of FREE services but are not limited to; Free Web hosting services, Free email services, Free blogging services, Free home pages, Free image hosting, Free trial accounts.
- If you violate this prohibition on free services, we may suspend your account immediately, with or without notice, as we in our sole discretion deem necessary to address the situation.
- File hosting and file storage of any type is strictly prohibited on any and all reseller, shared and hosting servers. You MAY NOT use your hosting with MBS Hosting as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specializes in downloads like Download.com or similar and you may not use your account as a storage repository for MP3, games, video, photos, images, audio or music files or as a backup storage facility.
- Abuse of MBS Hosting Staff or Support Personnel: At MBS Hosting, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you the user. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice. We will issue a refund only for the unused portion of pre-paid service. Abusive conduct includes, but is not limited to, the following behaviors:
- Repeatedly addressing members of our staff in a demeaning or rude manner. Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to email, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol, or in-person communication. Yelling or shouting at our staff. Deliberately using all capital (uppercase) letters in any written communication to our staff; Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.
- User agrees to pay MBS Hosting all charges relating to the use of User’s account(s) according to rates and prices stated on said sales order at the time of commencement.
- User is responsible for charges at the time the service is used and MBS Hosting may apply the amount due to User’s credit card at any time.
- MBS Hosting reserves the right to suspend access to service for User’s account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.
- Credit Card payment: If Customer chooses to pay for services by credit card, Customer grants MBS Hosting the right to charge payments to that card on each due date. Customer further agrees not to challenge or dispute any charge representing hosting payments.
- Non-Payment: All web hosting payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the MBS Hosting TOS. Failure to remit payment for five (5) consecutive days, including the anniversary date, may result in suspension of customer services. Failure to remit payment for services within seven (7) consecutive days, including the anniversary date, may result in termination of access to the service network and all services shall be reclaimed. All customer data remaining after fourteen (14) days of non-payment will be destroyed for security and privacy reasons.
- All Dedicated Server and Virtual Private Server payments are due in full on the monthly anniversary date. If full payment has not been received within three (3) consecutive days, including the anniversary date, suspension of public access to customer services may be incurred. Failure to remit payment for services within five (5) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed.
- Payment Reminders: Our credit card processor or online payment processors will remit payment for all recurring orders, for services on the monthly anniversary date. It is clients’ (users’) responsibility to make sure the sufficient funds are available on their credit card payment account. It is the customer’s (users) sole responsibility to make sure that dues are paid on time and the email address on file is working and allowed to receive reminders MBS Hosting. Once a payment reminder dispatched from MBS Hosting. it is considered as a valid payment reminder. MBS Hosting does not take any responsibility for non-deliverable email addresses or email sent by MBS Hosting not reaching the client destinations, including but not limited to spam filters or network issues. For the first day after payment should have been made; you will receive a payment reminder notice that states you must update your credit card and pay your invoice. The third day and the fifth day, second and third payment reminders will be sent us. From the seventh day customer services may be suspended temporarily for non-payment.
- We have a zero-tolerance policy for posting negative feedback on any public locations about our company and/or our employees before submitting a ticket to our “Suggestions & Complaints” Department to discuss your issue, this will result in immediate account termination without any refund.
- Although it is your right to post feedback without discussing your issue with us first, it is undoubtedly unfair and unprofessional not to, which is not the type of client that we want to deal with. We have the utmost respect for all of our clients, and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we ask is to discuss your issue with our Complaints Department first. For example, if you are the type of person to run to the forums at the first chance you get to complain, please DO NOT SIGN UP with MBS Hosting in the first place.
- Without waiving any of its other rights under this Agreement, MBS Hosting offers to its Customers (users) a fourteen (14)-day money-back guarantee on fees for hosting services. If for any reason you cancel your account within fourteen (14) days starting from the day MBS Hosting dispatch your welcome email including your account information or the day you place the order with us, whichever comes first. MBS Hosting will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 14-Day Guarantee. If you have ever previously obtained a refund under the 14-Day Guarantee, your account will be canceled, but no money will be refunded to you.
- Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 14-Day Guarantee. The 14-Day Guarantee applies to your first order of hosting services from MBS Hosting and does not apply to any changes to your service at any time.
- Our refund policy does not apply to any additional items or services, this includes but not limited to Domain Registration, Domain Parking services, dedicated servers, virtual private servers and overage fees.
- Customers may voluntarily cancel their account at any time, for any reason or for no reason, by requesting a cancellation from your members area at MBS Hosting > Services > My Services > Product/Service > View Details > Management Actions > Request Cancellation. MBS Hosting requires a five (5) day cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requisite five (5) days will result in a full billable monthly cycle prior to cancellation. All due amounts must be settled in full before we cancel the customer account. Customer understands and agrees that MBS Hosting does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable, unless stated otherwise under our any 14-day money back guarantee.
- All cancellation requests must be made directly via MBS Hosting. Cancellations requests are not accepted by email, postal mail, by phone or via the help desk (my.mbshosting.com). If a customer canceled a recurring order by contacting any 3rd parties, we will consider it as an account cancellation request. In such cases, MBS Hosting reserves the right to terminate the customer account with immediate effect without any prior notice.
- MBS Hosting may modify these terms and conditions upon notice published online via MBS Hosting or any other method MBS Hosting deems fit at the time. User’s use of MBS Hosting services after such notice shall constitute user’s acceptance of the modifications to this Agreement.
This agreement, User account, contract, and billing will automatically renew unless cancelled in writing prior to the renewal date.
Service Level Agreement
- MBS Hosting offers a 99% Uptime. That means your web server is guaranteed operational 99% of the time in any calendar month. MBS Hosting 99% service uptime allows for 45 minutes of unscheduled (HTTP) service outage per month as defined here.
- MBS Hosting will not be held responsible for Service Outages resulting from non-MBS Hosting operated equipment including, but not limited to, Internet NAP failures, upstream network outages or congestion and backbone failures. Additionally, MBS Hosting will not be held responsible for delays in the registration or transfer of a domain due to InterNIC-related issues, unscheduled outages, web site specific outrages and outages resulting from malfunctioning customer scripts or applications that are installed by the customer, or for unusual traffic spikes or “denial of service” attacks on customer web sites.
- Hybrid services, colocation services or renting out rack space, cloud servers, services under bare metal environment such as dedicated servers and virtual private services does not qualify for any credit under this server uptime guarantee.
- Refunds will not be issued during service outage, as defined by this guarantee, has occurred.