terms
Mountain Communications' Terms Of Service

Mountain Communications provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Mountain Communications are subject to the following terms of service:

Parties

This agreement is between Mountain Communications (mc-host.net) (PROVIDER) and the party as specified in the on-line application (CLIENT). Hosting services may also be provided by a company associated with Mountain Communications.

Usage policy

We reserve the right to suspend or cancel a customer's access to any or all services we provided when we decide that the account has been inappropriately used, or is in arrears of payments. In short we do not allow certain activities hosted on our servers: * No adult content (No Pornography) * No online gambling * No Spam, No unsolicited e-mailing * No Warez, cracks, copyright infringement

Indemnification Policy

You agree that by your use, order, or by acquiring services from Mountain Communications (mc-host.net) that you accept and agree to the terms of this document. You agree to use all Mountain Communications services and facilities at your own risk. You agree that Mountain Communications is not responsible for your content of your website and or emails, and it is your sole responsibility to make backup copies of your information. Mountain Communications specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Mountain Communications be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Mountain Communications harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Mountain Communications, 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 customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Mountain Communications against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Mountain Communications's server.

Mountain Communications reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Mountain Communications's server. Mountain Communications shall be the sole judge of what violates this Policy.

 

Billing:

Dedicated Servers
 

All dedicated servers remain the property of Mountain Communications (mc-host.net) and/or its lendors, leasors or affliates. Payment for dedicated servers is due on or before the first day on each month. Service to the dedicated service will be suspended on the 3 day of the month or at the discrection of Mountain Communications (mc-host.net) if payment is not recieved. The server will be taken off line and all information will be removed from the server on the last day of the month which payment in full was not recieved. Mountain Communications (mc-host.net) is not responsible for any data stored on this server which was inrears. If cancellation does occur, then we the service provider, Mountain Communications, are not responsible for any and all data, information or other electronic media that is stored on our servers. Cancellation will result in the reformatting of the disk drives and loss of all information.

 

Hosting Accounts

Some accounts are set up on a pre-pay basis. Setup fees may be charged for all new accounts and major account changes. All pricing is guaranteed for the term of pre-payment. We reserves the right to change prices at any time. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. Any account that is in the rears for 30 days will be suspended and held until payment is made in full. At the discretion of Mountain Communications, it maybe required to prepay by credit card for monthly service to be provided. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies us in writing for a request for termination of services. Credit card information is stored on file and will be auto-billed on the due date of the account. Email notification will be sent to you prior to your hosting renewal date.

 

Cancellation:

We reserve the right to cancel any and all service including, but not limited to dedicated servers at any time, with or without prior notice.

You must cancel at least 5 days before your next billing cycle.

Should the client decide to cancel their service all fees paid in advance of cancellation will be pro-rated and paid by us if we institute our right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.) Dedicated or redundant backup servers require a 30 day notice to cancel. All accounts must be paid in full prior to cancellation. The Dedicated server accounts are set up on a monthly prepay basis, however they will not be entitled to a refund for the unused period of the prepaid month, since these services do NOT include Money Back Guarantee. Any incentives offered to the Customers upon sign-up will be also canceled.

All cancellation requests are processed within 72 hours. You have 24 hours to withdraw the request. If you do not withdraw the request within 24 hours, we cannot guarantee that your account will stay online.

If you cancel after your account is billed we cannot offer any refund.

If cancellation does occur, then we the service provider, Mountain Communications, are not responsible for any and all data, information or other electronic media that is stored on our servers. Cancellation will result in the reformatting of the disk drives and loss of all information.

Account cancellation must be submitted from the registered email address of the account holder  Phone requests will not constitute acceptance of any cancellation. If payment was made by check or bank transfer, payment will be made by company check within 30 days of receipt of cancellation.

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).

We accept Visa, Master Card, American Express. For webhosting plans we will setup your account once we have received your payment. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods, unless you agree to pay a year in advance, but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Late Payments:

All accounts are billed according to the dates they were first activated on. If you do not pay for dedicated server rental/leasing renewal in 3 days after the first of the month, then your account will be suspended. We reserve the right to cancel your services after notification has been given or at any time we deem necessary. Failure of pay outstanding invoices may result in legal action.

 

Acceptable Use Policy:

All services provided by Mountain Communications may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, Canadian Federal, State or provincial or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Mountain Communications and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Mountain Communications servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury. 

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.\

 

Banned Scripts:

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

 

  • IRC egg drops
  • Proxy servers
  • Mail bombers
  • Anonymous mailers
  • IP spoofers
  • Port scanners
  • Hivemail
  • Telnet or SSH Access Scripts
  • nph-proxy (and other scripts what operates like proxy)
  • UBB (Ultimate Bulletin Board, all versions)
  • lstmrge.cgi
  • phpShell
  • FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.

 Any hacking, spam email service or other activity deemed unacceptable use of the clients web hosting site and/or dedicated server will result in immediate termination of all service without prior notice. It is the sole discretion of Mountain Communications (mc-host.net) what is deemed as unacceptable use and behaviour.

LIMITATION OF LIABILITY:

Mountain Communications shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Mountain Communications servers going off-line or being unavailable for any reason whatsoever. Furthermore, Mountain Communications shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Mountain Communications servers. All damages shall be limited to the immediate termination of service.

YOU AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE SERVICES, EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT; (B) INTERRUPTION OF BUSINESS; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE(S) PROVIDED THROUGH OR BY THE SERVICES; (D) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE CONTROL OF THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER; (G) THE PROCESSING OF YOUR APPLICATION FOR THE SERVICES; OR (H) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU FURTHER AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER OR NOT EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF EITHER THE PRIMARY SERVICE PROVIDER OR THE BACKEND SERVICE PROVIDER EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES FOR A ONE-MONTH PERIOD, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE LIABILITY OF THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

DISCLAIMER:

Mountain Communications cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Mountain Communications are resold. Thus, certain equipment, routing, software, and programming used by Mountain Communications are not directly owned or written by Mountain Communications. Moreover, Mountain Communications holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Mountain Communications sees fit. FURTHERMORE, Mountain Communications retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

Lawful Purpose

We reserve the right to refuse service to anyone. Customers may only use our servers for lawful purpose. Transmission of any material in violation of any Federal, provincila or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. We expressly forbid anyone from using servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of our management.

Governing Law.

This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in that Province and will be treated, in all respects, as an Ontario contract.

INDEMNIFICATION

YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD THE PRIMARY SERVICE PROVIDER AND BACKEND SERVICE PROVIDER, THEIR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES AND COURT COSTS, FOR THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT BY YOU OR SOMEONE ELSE USING YOUR COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. WHEN EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY BE INVOLVED IN A SUIT INVOLVING A THIRD PARTY AND WHICH IS RELATED TO THE SERVICES UNDER THIS AGREEMENT, EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD SUCH PARTIES HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU.

For the terms of the Backend Service Provider see http://www.hostdime.com/support/legal/
By accepting service from Mountain Communications (Mc-Host.Net) you are also bound to agreement to all the legal obligations of HostDime.com, Inc.

You agree that the Backend Service Provider shall not be liable for the actions, inactions, negligence, or intentional misconduct of the Primary Service Provider. You acknowledge and agree that neither the Primary Service Provider nor the Backend Service Provider are agents for one another.Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our agents, our 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 customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from our servers.

 

DISCLAIMER OF WARRANTIES

NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER MAKE ANY REPRESENTATIONS NOR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Powered by WHMCompleteSolution