Terms & Conditions Home Terms & Conditions The following terms and conditions (these “Terms”) govern the provision by ManticHost (“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.” ManticHost 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 ManticHost. Disk space usage and bandwidth usage are monitored by ManticHost 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 ManticHost is acting solely as Customer’s Host, ManticHost is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where ManticHost 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 ManticHost harmless, defend ManticHost exhaustively (including all legal cost(s), and challenge the jurisdiction of out of state authorities over ManticHost). Storage & Backups ManticHost 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 ManticHost may need to preform maintenance on their services. Backups may be requested at any time if you have cPanel hosting, however ManticHost is not responsible for data that you may have lost due to said crashes, down time or vulnerabilities. In addition ManticHost 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. Maintenance ManticHost 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, ManticHost 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. Security 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 ManticHost 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 ManticHost harmless for any compromise of Customer’s security that resulted from their own actions, the actions of ManticHost or the actions of any third party. Privacy Message and data encryption is possible on ManticHost, 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 ManticHost harmless for any compromise of Customer’s encryption method. ManticHost 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 ManticHost harmless and blameless for any compromisse of your personal, business, or private information in any form. Refunds 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. PayPal Subscription Refund Canceling service with us will not cancel any recurring payments you already have setup for this package in PayPal. To stop your PayPal account from sending us payment, you need to cancel your PayPal subscription for this package manually. Otherwise, you will continue to see fees for this package come out of your PayPalbalance. Our Terms of Services states that you will not get refunded for payments made by a PayPal subscription for a canceled package. Our Terms of Service state that you will not get compensated for payments made by a PayPal subscription for a canceled package. Copyright ManticHost is not responsible for copy-right infringements caused by what the Customer hosted on ManticHost’s servers. Pornographic Material 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 ManticHost 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. Banned Services All the following services are banned on ManticHost: Topsites Anonymizers 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 MUDs/RPGs/PBBGs 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) TeamSpeak 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 Digital Millennium Copyright Act (DMCA) Policy ManticHost respects the legitimate rights of copyrights owners, and has adopted an efficient notice and takedown procedure as required by the DMCA and described below. This policy is intended to guide copyright owners in utilizing that procedure, and also to guide webmasters in restoring access to websites that are disabled due to mistake. We are accepting all abuse reports via email and courier on following communication options Email: info[at]ManticHost.com Address ManticHost Shahibaug Ahmedabad Gujarat 380004 Format of DMCA report that we accept An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest. A description of the copyrighted work or other intellectual property that you claim has been infringed. A description of where the material that you claim is infringing is located on the site. Your address, telephone number, and email address. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.