The following terms and conditions (these “Terms”) govern the provision by MeraHost (“Company”) of the services and/or products (referred collectively herein as “Services and Products”) described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the “Service Descriptions”) and defined in any of the Company’s product support listing, to the customer (“Customer”) identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this “Agreement.” MeraHost reserves the right to change and update this document as needs change or arise.
Disk Space and Bandwidth
Customer will be provided with the amount of disk space and bandwidth stated in their quote or plan from MeraHost. Disk space usage and bandwidth usage are monitored by MeraHost and will be provided to the client to use at their leisure. Customers are responsible for purchasing additional disk space or bandwidth beyond that detailed in their “Plan” or to remove files and stop network usage in order to bring their usage with their Plan’s limit. In one month you may use a extra 5% of your quota, however continued heavy usage of this will require an upgrade or extra usage fees.
Jurisdiction and Jurisdictional Disputes, Legal Responsibilities
The parties expressly recognize that, where MeraHost is acting solely as Customer’s Host, MeraHost is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where MeraHost is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold MeraHost harmless, defend MeraHost exhaustively (including all legal cost(s), and challenge the jurisdiction of out of state authorities over MeraHost).
Storage & Backups
MeraHost shall store Customer’s web sites, files, email and databases on their servers. The parties expressly recognize that internet servers and links are susceptible to crashes, down time, vulnerabilities and that from time to time MeraHost may need to preform maintenance on their services. Backups may be requested at any time if you have cPanel hosting, however MeraHost is not responsible for data that you may have lost due to said crashes, down time or vulnerabilities. In addition MeraHost will not support illegal activities by providing you with a backup if your Web Hosting contains any of the materials found under the Abuse section of this document.
MeraHost may temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary to maintain adequate services. However, MeraHost shall provide prior notice within 24 hours for all maintenance. Failure to provide prior notice on our part does fall under our SLA. Invalid rDNS records may be removed in our own discretion.
MeraHost agrees that it shall maintain a minimum of 1Gbit/s connections to our servers. However, MeraHost does not guarantee any response rate or download speed beyond our control, as this is depending on Customer’s and End Users ISP connections. We do NOT guaranty a set internet speed to your server. We do recommend, however, that you take advantage of our “speed and ping” test, prior to placing your order with MeraHost. Your refund rights will be voided if you use more than 10% of your package’s bandwidth quota. Your service will be suspended if it receives and or sends any DDoS attack. Service activation or termination after the suspension will be in our sole discretion
The parties expressly recognize that it is impossible to maintain flawless security, therefore the customer is solely responsible for properly securing their hosting service provided by MeraHost including changing initial passwords and making any security adjustments and patches over time. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds MeraHost harmless for any compromise of Customer’s security that resulted from their own actions, the actions of MeraHost or the actions of any third party.
Message and data encryption is possible on MeraHost, however Customer is solely responsible for encoding their web site, content, and data to conform with generally accepted encryption standards, and Customer indemnifies and holds MeraHost harmless for any compromise of Customer’s encryption method. MeraHost respects the individual privacy of each user, however breaches in security and personal mistakes on the part of our employees do happen. You agree to indemnify and hold MeraHost harmless and blameless for any compromisse of your personal, business, or private information in any form.
Refunds are available on our hosting and storage services for up to 3 days for Virtual Private Servers.
Limitation on Company Liability.
Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products (including server interruption) to Customer(s) resulting, directly or indirectly, from any
- (i) weather conditions, natural disasters or other acts of God,
- (ii) action of any governmental or military authority,
- (iii) failure caused by telecommunication or other Internet provider, or
- (iv) other force or occurrence beyond its control.
No fees paid by the Customer to the Company, (MeraHost) shall be refundable after 30 days or if the purchases included: control panel license fees, IP addresses or general products which are not services. The current term of this Agreement.
COMPANY SHALL NOT BE LIABLE FOR
- (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR
- (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
Failure by either Company (MeraHost) or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
MeraHost is not responsible for copy-right infringements caused by what the Customer hosted on MeraHost’s servers.
Pornographic material is allowed to be hosted on VPS Accounts. Hosting child pornography is NOT allowed and any client found to be doing so will be canceled immediately upon discovery and reported to the proper authorities.
Suspension and Termination.
MeraHost will suspend VPS Hosting after 3 days of non-payment. After 5 days of non-payment Web Hosting will be terminated along with all data, IP addresses and other information. Repeated failure to pay invoices with termination will lead to account termination and refusal of service.
All the following services are banned on MeraHost:
- Pirated Software/Warez
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- Link generator scripts for downloading from other file dump sites
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
- Public Proxies / VPN’s / TOR Exit
- Video Encoding / Streaming
- Minecraft server on OVZ (OK on KVM)
- Public Game Servers
- Virtual currency mining
- zPanel / Kloxo (Kloxo-MR is okay)
- .exe files/scripts
- DDoS-prone applications or booters / flood scripts
- QEMU / Wine / Nested Virtualization and related