User agrees to use the service in 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, TheMothHost.com 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 TheMothHost.com system.
Neither TheMothHost.com nor its Information Providers are responsible for any damages arising from User's use of TheMothHost.com or by User's inability to use TheMothHost.com service.
User hereby agrees that any material submitted for publication on TheMothHost.com 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 on our shared, reseller servers. Software intended to facilitate any such violations or infringements may not be stored on TheMothHost.com.
The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by TheMothHost.com 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 (i.e., to more than 25 users) which provoke complaints from the recipients.
Engaging in either of the above from a provider other than TheMothHost.com and using an account on TheMothHost.com as a mail drop for responses, or advertising a web site hosted at TheMothHost.com.
Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by TheMothHost.com.
Impersonating another user or otherwise falsifying one's user name in e-mail, 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 re-mailer services.)
TheMothHost.com 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 TheMothHost.com.
User agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account. User may not use 50% or more of available system resources (CPU or memory) for longer then 30 seconds or more than 2% CPU daily, 3% memory daily. User may not run more than 10 simultaneous processes per user or allow any process to run for longer than 30 CPU seconds or run any process that consumes more than 32 MB of memory. Databases are limited to 16 max user connections. 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 cPanel account may not send more than 300 emails per hour. If it is determined that a customers account is overusing the system resources, we may temporary 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 or reseller server environment, a notice will be sent to the customer. TheMothHost.com will be the sole arbiter as to what constitutes a violation of this provision and TheMothHost.com reserves the right to make adjustments to these limits at our sole discretion.
TheMothHost.com 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 20GB and 150,000 Inodes. Furthermore, TheMothHost.com 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 us. In the unfortunate event that the client has lost their data hosted with TheMothHost.com, will use reasonable endeavors to restore the client's data; however TheMothHost.com 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 your website or data is critical to your business or livelihood as no backup method is failsafe therefore we 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 150,000 Inodes. Accounts found to be exceeding the 150,000 inode limit will automatically show resource exceeded message and may be suspended if no action is taken to reduce the inode count.
Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our 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 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 our 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.
You MUST NOT use our ACCOUNTS to offer any of the following kinds of FREE services but are not limited to; Free Web hosting services, Free e-mail services, Free blogging services, Free home pages, Free image hosting, Free trial accounts.
There are several reasons for these prohibitions on free services. The reasons include, but are not necessarily limited to, the following:
First, free services generally do not require any reliable means of identifying the person who registers for them. As such, it can be practically impossible to track down persons who abuse the free services.
Our customers are all paying for prompt, reliable service and we have built a solid reputation for delivering excellent service to them. We cannot risk having unidentified persons damage our reputation.
Users of free services are notorious for registering for free accounts and immediately spamming or otherwise consuming very large amounts of system resources and bandwidth before their accounts are shut down. Such abusers often register for successive or multiple accounts and cause many problems for the servers and network.
Spammers, operators of phishing and pharming scams, phishing sites, distributors of spyware, viruses, Trojan horses, worms, and other malware, operators of illegal Warez sites, operators of illegal or unauthorized file-swapping or archive sites, and hackers frequently abuse free online services. Allowing free services would expose our servers to severe abuse and could harm us or all of our customers, and all the customers of our resellers.
Free services lead to various forms of abuses that may violate criminal laws or even foster terrorist activities. Because such abuses violate applicable laws as well as our policies, we must prohibit them.
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 shared and hosting servers. You MAY NOT use your hosting with TheMothHost.com 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 TheMothHost.com Staff or Support Personnel: At TheMothHost.com, 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. 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 e-mail, 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 TheMothHost.com 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 TheMothHost.com may apply the amount due to User's credit card at any time.
TheMothHost.com 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 TheMothHost.com the right to charge payments to that card on each due date. Customer further agrees not to challenge nor dispute any charge representing hosting payments.
Non-Payment: Shared 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 TOS. Failure to remit payment for three (3) consecutive days, including the anniversary date, may result in suspension of customer services. Failure to remit payment for services within five (5) 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. Once your account has been terminated for non payment, you may be charged a re-connection fee.
It is clients responsibility to make sure the sufficient funds are available on their credit card payment account. It is the customer’s sole responsibility to make sure that due's are paid on time and the email address on file is working and allowed to receive reminders from TheMothHost.com. Once a payment reminder dispatched from TheMothHost.com it is considered as a valid payment reminder. TheMothHost.com does not take any responsibility for non deliverable email addresses or e-mail's sent by TheMothHost.com not reaching the client destinations, including but not limited to spam filters or network issues.
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 SIGNUP with TheMothHost.com in the first place.
Situations of Refunds
If you're server was delivered to you in working order, than you received what you had paid for as laid out in this AUP. We will not provide any refund for issues such as rDNS delays, reboots, hardware failure, OS software reinstalls, late delivery becuase of non-business days, or out of service time for issues that are beyond our control. We may provide you a provisional credit or adjust your billing due date, should there be a major disruption of service. In regard to a provisional credit, that is to be used for future orders at management's sole descretion.
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 TheMothHost.com > Services > My Services > Product/Service > View Details > Management Actions > Request Cancellation. TheMothHost.com 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 TheMothHost.com does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.
All cancellation requests must be made directly via TheMothHost.com. Cancellations requests are not accepted by email, postal mail, by phone or via the help desk. If a customer canceled a recurring order by contacting any 3rd parties, we will consider it as an account cancellation request. In such cases, TheMothHost.com reserves the right to terminate the customer account with immediate effect without any prior notice.
TheMothHost.com may modify these terms and conditions upon notice published online via TheMothHost.com. User's use of TheMothHost.com 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.
By using our site, you consent to our AUP & TOS.