Terms of Service and Acceptable Use Policy
Changes to the Terms of Service
We may modify the Terms of Service from time to time and are not obligated to notify you. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Terms. You understand and agree that your continued access to or use of the website and/or services after any posted modification to the Terms indicates your acceptance of the modification.
In most cases, if you use our services consistently within the Terms of Service and these paragraphs, you will not need to worry about how much bandwidth your server is using. MckHost will use its 3rd party monitoring software to monitor the amount of bandwidth each service uses. You will be charged the appropriate bandwidth overage fees if the limit is exceeded.
Any attempt to undermine or cause harm to a server or customer of MckHost is strictly prohibited. MckHost will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by you, whether or not the attacked account or computer belongs to MckHost, will result in action against you. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack. IMPORTANT NOTE – MckHost has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown here WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined within. Unacceptable uses also include, but are NOT limited to: Bulk emailing, illegal pornographic content, unsolicited emailing, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by MckHost to be unacceptable use of our services including abuse of server resources. The severity of each abuse type is determined by the MckHost Abuse Department. You will be notified via a support ticket about any abuse complaints originating from your IP address and your service may be suspended. In the event of a severe abuse complaint, you may be subject to an administrative fine and/or service termination.
99.9% Uptime Guarantee
(1.) COVERAGE – This 99.9% uptime guarantee applies to any customer in good standing with MckHost at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT (“SLA”) & SPECIFICATIONS – MckHost endeavours to have the content of your services available for access by any party in the world 99.9% of the time. Network downtime (“unavailability”) is defined as 100% packet loss from MckHost to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via MckHost’s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by contacting support via email. MckHost’s administrators will determine the end of the downtime by a traceroute to your machine from outside the MckHost network.
(3a.) HOSTING CREDITS – In the event that your service is unavailable for less than 99.9%, MckHost will credit the following month’s service fee as follows. Your credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
Monthly Uptime Credit:
– 95% to 99.8% – your account will be credited 5% of your monthly hosting fee
– 90% to 94.9% – your account will be credited 10% of your monthly hosting fee
– 89.9% or below – your account will be credited 15% of your monthly hosting fee
(3b.) In order for you to receive a credit on your account, you must request such credit within five (5) days after you experienced the downtime. You must request credit by sending an e-mail message to support@MckHost.com or opening a ticket. For security, the body of this message must contain your first and last name, the dates and times of the unavailability of your service, and such other customer identification requested by MckHost. Credits will usually be applied within ten (10) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.
(4.) RESTRICTIONS – Credit shall not be provided to you in the event that you have any outage resulting from:
– Scheduled maintenance as posted from time to time by MckHost,
– Your behavior or the performance or failure of your equipment, facilities, or applications,
– Circumstances beyond MckHost’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications of third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in our equipment needed for provisioning of your service,
– you breaking any agreement policy in MckHost’s “Terms & Conditions and AUP” causing a machine to fail as a result.
Any account credit stored within your billing account at https://clients.MckHost.com is non-refundable. This includes, but is not limited to, credit received from MckHost’s SLA, adding funds, invoice overpayment, and affiliate commission.
MckHost does not offer a guaranteed refund period of any kind on any service including, but not limited to, dedicated servers, virtual private servers (VPS), or colocation. Refunds are at the discretion of management. Any refund approved by management can only be processed if your account is in good standing.
Under the circumstance that a client’s invoice becomes overdue, their service will be suspended. Files and associated control panel accounts will be kept for a two (2) day grace period. After the second day, the suspended service and associated accounts are subject to cancellation and removal at any time. Terminated accounts can be reactivated for no additional fee however any data previously stored on the service will not be recoverable by MckHost.
In the event that you decide to issue a chargeback or file a PayPal dispute on any service MckHost offers, your service will be suspended until the funds are once again available to us. If this period of service suspension exceeds 2 days, services are subject to termination.
Dedicated Servers – Provisioning and Client Shipments
MckHost guarantees that new orders of any dedicated server will be setup and accessible by the client within 72 hours if all ordered hardware is in stock at the time of the order. If MckHost fails to do so, you will receive a $0.20 account credit for each additional hour. MckHost customers are permitted to ship their own hard drives, solid state drives, or RAM sticks to our datacenter for use in their dedicated server for no additional charge besides shipping costs. MckHost cannot be held responsible for any damages that may occur to your hardware during inbound shipping, production use, or return shipping. The client is responsible for ALL shipping fees including, but not limited to, shipping to our facility and back to you when your server has been cancelled or you request the item to be shipped back. Your hardware will not be returned to you until the return shipping costs have been paid in full.
You agree that data stored by MckHost is not guaranteed. MckHost recommends that clients backup their data to their personal computers or storage servers. You are responsible for your own data.
Cancellation of Service
MckHost reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by MckHost if we institute our right of cancellation. Setup fees are refundable only if the account order is cancelled prior to account activation. All account cancellations must be done via our ticketing and/or billing system. E-mail requests will not constitute acceptance of any cancellation and will be ignored for security purposes. If a service is associated with an overdue invoice as per our billing system, that service is able to be deleted/removed/cancelled/terminated at any time while the invoice is marked as overdue and any lost data due to the termination is the client’s responsibility.
Customers may not use the MckHost network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. MckHost will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
MckHost does not allow spam of any kind of its network. SMTP traffic is blocked for all unmanaged VPS and shared web hosting accounts by default. Customers can apply to be whitelisted if necessary. We routinely monitor all IP addresses within our network for blacklist registers using 3rd party tools. If a listing is found on an IP address assigned to you, the following will occur:
(1.) If the IP address is on 1 blacklist, you will be notified via email and an abuse ticket will be opened. Email will be blocked from your service until the listing is removed.
(2.) If the IP address is on 2 or more blacklists, you will be notified via email and an abuse ticket will be opened. Your service will be suspended until the listings are removed. You will also be subject to a $100 administrative fee for each blacklist register due immediately. Failure to pay the fee may result in service termination and/or a referral to a collections agency.
(3.) Repeat spammers will have their services terminated without refund and find their customer profile closed. The $100 per blacklist administrative fee will be imposed for any remaining blacklist registers.
IP Address Ownership
MckHost shall maintain and control all IP numbers and addresses that may be assigned to you by MckHost. MckHost reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
MckHost reserves the right to refuse service to anyone. You may only use MckHost services for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limited to material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated Warez”, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3”. The designation of any materials as such described above is left entirely to the discretion of MckHost management. If illegal content or usage is found, the account will be suspended and/or terminated. You agree that MckHost may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification. Regardless of the place of agreeing to this agreement, you agree that for purposes of venue these Terms are entered in Tampa, Florida, and any dispute will be litigated or arbitrated in Tampa, Florida. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Florida courts.
YOU AGREE THAT YOU SHALL DEFEND, INDEMNIFY, SAVE AND HOLD MckHost HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST MckHost, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MckHost AGAINST LIABILITIES ARISING OUT OF: (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH MckHost’S SERVICES, (2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY, AND (3) COPYRIGHT INFRINGEMENT.
MckHost WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. MckHost MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, FOR SERVICES WE PROVIDE. MckHost DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY MckHost AND ITS EMPLOYEES. MckHost RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS, AND CLIENTS OF MckHost MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELLATION, SUSPENSION, TERMINATION, OR DELETION.