| Terms and
Conditions
MNA Host agrees to provide services
to the subscriber subject to the following terms and
conditions and Acceptable Usage Policy.
1. The Contract
By the use of our services, you are automatically
in acceptance of these terms and of our Acceptable
Usage Policy.
MNA Host reserves the right to amend these terms and
our Acceptable Usage Policy. The subscriber should
understand that the following is not grounds for non-payment
or early contract termination.
MNA Host reserves the right to deny, cancel or suspend
all services. This is of the sole discretion of MNA
Host and its subsidiaries.
2. Pricing and Billing
MNA Host reserves the right to change pricing structures
of any of its services at any time. MNA Host will
give the subscriber thirty (30) days notice prior
to increasing the prices of its services.
All payments to MNA Host are non refundable with the
exception of any made under the 30 Days Money Back
Guarantee (Subject to terms for guarantee).
It is the subscriber's responsibility to notify MNA
Host of any change in billing circumstances and to
ensure this is done in a secure manner.
3. Service Interruptions
MNA Host shall not be liable for failure or delay
in performing its obligations hereunder if such failure
or delay is due to circumstances beyond its reasonable
control, including, without limitation, acts of any
governmental body, war, insurrection, sabotage, embargo,
acts of god, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability
of interruption or delay in telecommunications or
third party services, failure of third party software
or inability to obtain raw materials, supplies, or
power used in or equipment needed for provision of
the Services. Customer understands and agrees that
occasional temporary interruptions of any Internet
Services may occur as normal events in the provision
of the Internet Services.
4. Site Contents
The subscriber is solely responsible for maintaining
a current backup of their site; MNA Host takes no
responsibility for any damages resulting from the
loss of data.
All sites must be written in the English Language,
any sites not in English must be confirmed by MNA
Host prior to ordering and the Subscriber is responsible
for producing an accurate and up to date translation
on demand.
Your websites content cannot contain any of the following
itineraries: mp3's, crackz, warez, illegal adult material,
serial codes, key generators, advertisement or the
sale of pirated software, the promotion of criminal
activity, the promotion of an ideological or political
belief that can directly or indirectly break the law,
offensive content toward a certain ethnic minority
or religion, individual or individuals or company,
the sale or promotion of criminal hardware, or IRC
bots. Your site cannot contain links to sites that
contain any of the above.
The discovery of such material will result with the
termination or suspension of your account or the removal
of the material.
5. Domain Name Registration
Domain names can take up to 72 hours to propagate
and become active. MNA Host accepts no responsibility
for a delay in this procedure beyond its control.
The transferring of any domain to MNA Host servers
is the subscribers full responsibility, and is dependant
on the subscriber being able to change the nameservers
or being able to move their domain to our registrar
(any costs involved are accepted by the subscriber).
6. IP Addresses
MNA Host will designate some subscribers with IP addresses
for the length of the contract. These IP addresses
are the sole property of MNA Host and will be retained
after service has ceased. MNA Host does reserve the
right to change the customer IP address designation
at any time. All IP's are subject to RIPE regulations.
7. Server Resources
Any website deemed to be using high amount's of server
resources (such as, but not limited to, CPU time,
memory usage, and network resources) will be asked
to either pay an extra fee, which depends on the resource
required, or reduce resource usage to an acceptable
amount specified by MNA Host. MNA Host will be the
sole judge of what is deemed to be 'high server usage
levels'.
8. Support
MNA Host provides support via telephone (working hours
9:00 AM - 5:30 PM), email, fax, forum and a web based
ticketing system. MNA Host reserves the right to withdraw
any of the above, if it is felt they are being abused.
9. E-mail and SPAM
The use of SPAM and UCE (Unsolicited Commercial Email)
is prohibited on MNA Host systems. MNA Host reserves
the right to impose any costs associated with penalties
relating to SPAM and UCE on to the customer infringing
the rules. Any infringement will also result in the
immediate termination of the subscribers contract
and removal of all service. MNA Host reserves the
right to instigate legal proceedings where applicable
against subscribers infringing this rule.
The subscriber must check their e-mail at least once
a month. If large volumes of un-checked mail build
up, MNA Host reserves the right to delete them. You
should inform us if you are unable to do this.
Mail Bombing: Defined as sending large volumes of
unsolicited e-mail to individuals from your MNA Host
account. This is strictly prohibited.
Harassment: Defined as sending threatening or harassing
e-mail after being requested to stop, is prohibited.
Extremely threatening or harassing e-mail is never
allowed.
10. Bandwidth and Diskspace
MNA Host agrees to provide Internet connectivity services
(bandwidth) and Hard Drive Space (Diskspace) in accordance
to these terms.
MNA Host customers can monitor their diskspace and
bandwidth usage from the control panel provided. Subscribers
must ensure that they have a suitable level of Bandwidth
and Disk space available to them. MNA Host reserves
the right to suspend service on accounts that exceed
their limits by more than 150%. Subscribers should
take all necessary steps to notify MNA Host if they
are going to exceed their limits. MNA Host reserves
the right to charge a fee to subscribers exceeding
their account limits.
11. Security
Violations of system or network security are prohibited,
and may result in criminal and civil liability. Examples
include, but are not limited to the following: Unauthorized
access, use, probe, or scan of a systems security
or authentication measures, data or traffic. Interference
with service to any user, host or network including,
without limitation, mail bombing, flooding, deliberate
attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of
the header information in an email is prohibited.
Taking any action in order to obtain services to which
such the subscriber is not entitled, is prohibited.
12. Data Protection
MNA Host collects data via our online order form.
The subscriber agrees that this information can be
used for the purpose of registering your Domain Name;
with a third party Name Registry. This means your
registrant details will be made publicly available
by the Named Registry.
MNA Host also collects information for the creation
of your hosting account. This information is kept
secure. All our employees who have access to, and
are associated with the processing of personal data,
are obliged to respect the confidentiality of our
visitors' personal data. The subscriber must agree
that the information collected can be used for such
purposes.
Without limitation, the subscriber gives us authorisation
to use your details and other account information
in connection with any such investigation, including
disclosing it to any third party whom we consider
has a legitimate interest in any such investigation
or its outcome.
13. Termination
You may terminate this contract and services provided,
by sending an e-mail to sales@mnahost.com . MNA Host
in its sole discretion may terminate this contract
and or terminate your access to the site or the services
immediately without notice for any reason including,
without limitation, for your infringement of the terms.
Any fees related to the cancellation of your service
will be fully covered by the subscriber, including,
but not limited to, domain name transfer.
14. General
Customer shall defend, indemnify, and hold harmless
MNA Host from and against all liabilities, judgments,
claims, damages, settlements, expenses and costs (including
reasonable solicitors fees) arising out of or relating
to any breach of this Agreement by Customer.
MNA Host and its subsidiaries are not liable for the
costs of any damages arising from the use of its service
directly or indirectly.
15. Governing Law and Jurisdiction
The contract shall be governed by the laws of England
and Wales and the parties agree to submit to the exclusive
jurisdiction of the English Courts.
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