User Agreement
This User Agreement ("Agreement") is an agreement
between MEIRHOSTING ("MEIRHOSTING") and the party set forth in the related order
form incorporated herein by reference (together with any subsequent order forms
submitted by Customer, the "Order Form"), and applies to the purchase of all
services (collectively, the "Services") ordered by Customer on the Order Form.
Such party is referred to in this Agreement as "Customer" or "you".
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING
ON THE BUTTON ON THE ORDER FORM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF
THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS
AGREEMENT, INCLUDING MEIRHOSTING'S USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES
ACCEPTANCE OF THIS AGREEMENT.
MEIRHOSTING reserves the right to reject this Agreement for any reason or no
reason, prior to acceptance thereof by MEIRHOSTING. Activation of the Services
shall indicate MEIRHOSTING's acceptance of this Agreement. Subject to the terms
and conditions of this Agreement, MEIRHOSTING will provide to Customer the Services
selected by Customer set forth on the Order Form.
MeirHosting.net (referred hereinafter as 'MeirHosting.Net',
'Meirhosting', 'our', 'we' and 'us') is a web hosting firm, main office: MeirHosting
Limited, 23 Woodville Road, Stoke on Trent, ST3 6BZ.
All accounts on our web servers are subject to the terms and conditions described
in this document. Under the terms of this agreement, your placement of information
on our servers is an acknowledgement that you have read, understand, and agree
to the terms and conditions below.
1. Usage Policy
Under this Agreement, Customer shall comply with MEIRHOSTING's then current
"Usage Policy", as amended, modified or updated from time to time by MEIRHOSTING,
which currently can be viewed at http://www.meirhosting.net/terms.php, and which
is incorporated in this Agreement by reference. Customer hereby acknowledges
that it has reviewed the Usage Policy and that the terms of the Usage Policy
are incorporated herein by reference. In the event of any inconsistencies between
this Agreement and the Usage Policy, the terms of the Usage Policy shall govern.
MEIRHOSTING does not intend to systematically monitor the content which is submitted
to, stored on or distributed or disseminated by Customer via the Service (the
"Customer Content"). Customer Content includes content of Customer's customers
and/or users of Customer's website. Accordingly, under this Agreement, you will
be responsible for your customers content and activities on your website. Notwithstanding
anything to the contrary contained in this Agreement, MEIRHOSTING may immediately
take corrective action, including removal of all or a portion of the Customer
Content, disconnection or discontinuance of any and all Services, or termination
of this Agreement in the event of notice of possible violation by Customer of
the Usage Policy. In the event MEIRHOSTING takes corrective action due to a
violation of the Usage Policy, MEIRHOSTING shall not refund to Customer any
fees paid in advance of such corrective action. Customer hereby agrees that
MEIRHOSTING shall have no liability to Customer or any of Customer's customers
due to any corrective action that MEIRHOSTING may take (including, without limitation,
disconnection of Services).
2. Amendment
MEIRHOSTING may amend, modify or update this Agreement or the Usage Policy at
any time in its sole discretion, and Customer shall be bound by any such amendment,
modification or update. MEIRHOSTING may, but is under no obligation to, provide
notice of any amendment, modification or update of this Agreement or the Usage
Policy. Any modification is effective on the earlier of thirty30 days after
posting on MEIRHOSTING's website or thirty30 days after the sending of a notice
by MEIRHOSTING to Customer by email or conventional mail. If any material modification
to this Agreement or the Usage Policy is unacceptable to you, you may terminate
your subscription as provided in Section 3. However, if you do not terminate
the Agreement, or if you continue to use the Services following effectiveness
of the modification, your continued use will mean that you have accepted that
modification. MEIRHOSTING reserves the right to amend its service offerings
and add, delete, suspend or modify the terms and conditions of the Services
at any time and from time to time, and to determine whether and when any such
changes apply to both existing and future customers.
3. Term; Termination; Cancellation Policy
The initial term of this Agreement shall be as set forth in the Order Form (the
"Initial Term"). The Initial Term shall begin upon commencement of the Services
to Customer. After the Initial Term, this Agreement shall automatically renew
for successive terms of equal length as the Initial Term, unless terminated
or cancelled by either party as provided in this section. The Initial Term and
all successive renewal periods shall be referred to, collectively, as the "Term".
This Agreement may be terminated
(i) by MEIRHOSTING in the event of nonpayment by Customer, (ii) by MEIRHOSTING,
at any time, without notice, if, in MEIRHOSTING's judgment, Customer is in violation
of any term or condition of the Usage Policy or Customer's use of the Service
disrupts or, in MEIRHOSTING's judgment, could disrupt, MEIRHOSTING's business
operations and (iii) by MEIRHOSTING in accordance with Sections 1, 8, and 9
of this Agreement.
If MEIRHOSTING cancels this Agreement prior to the end of the Term or you cancel
this agreement prior to the end of the Term, MEIRHOSTING shall not refund to
you any fees paid in advance of such cancellation and (i) you shall be obligated
to pay all fees and charges accrued prior to the effectiveness of such cancellation,
(ii) you shall be obligated to pay 100% of all charges for all Services for
each month remaining in the Term.
4. Billing and Payment
Payment Policy
General Admin Fees
General admin fee's apply at the discretion of Meirhosting and may be subject to change without notice. The general admin fee will be no less than £10 per item or request where applicable and where not covered by other fee descriptions.
Setup Fee
The setup fee is required before service is activated, if applicable.
The setup fee and domain name registration fee are non-refundable.
Hosting Fees
The minimum contract is 1 months.
All services are on a monthly basis only. There are no month-to-month prepayment programs.
Full payment of the setup fee, if applicable, and, if the account is not a domain transfer, the domain name registration fee, are required before any hosting service is rendered.
Unless the account was ordered during a promotion, the initial 1 month is billed in advance and then monthly thereafter. The credit card on file at our payment processor will be automatically processed for payment.
Payment Method - Credit Card
MEIRHOSTING accepts credit card payments (Visa, MasterCard, American Express, Discover) through secure payment processing services such as Paypal. Other methods may be used at Meirhosting's discretion.
Online credit card payment is authorised and assessed in real time.
Once an order is successfully submitted, the client is subject to MEIRHOSTING's refund policy.
Credit card will be billed on the first day of the billing cycle. If the credit card fails, we will retry every 5 days. If the credit card fails a 2nd time, the account will be suspended. If it fails a 3rd time, the account will be cancelled.
If payment is not received on time, then the account is cancelled.
Policy Changes
MEIRHOSTING reserves the right to change prices or fee's at any time.
All monetary transactions will occur in either in £UK pound sterling or $US dollars.
Additional Features
Additional features such as disk space and email can be added at any time and are billed monthly.
Monthly additional feature prices are not prorated.
Add on costs are non-refundable regardless of whether the service was used.
Credit Card: Charges are assessed in real time for the current month and every upcoming month until the end of their billing cycle.
Credit card will be billed on the first day of the billing cycle. If the credit card fails, we will retry every 5 days. If the credit card fails a 2nd time, the account will be suspended. If it fails a 3rd time, the account will be cancelled.
Additional services will be activated when payment is received.
Renewal and Billing Schedule
MEIRHOSTING automatically renews your account based on your previous payment option.
5. MEIRHOSTING as Reseller
or Licensor.
MEIRHOSTING is acting only as a reseller or licensor of the hardware, software
and equipment used in connection with the products and/or Services that were
or are manufactured or provided by a third party ("Non-MEIRHOSTING Product").
MEIRHOSTING shall not be responsible for any changes in the Services that cause
the Non-MEIRHOSTING Product to become obsolete, require modification or alteration,
or otherwise affect the performance of the Services. Any malfunction or manufacturer's
defects of Non-MEIRHOSTING Product either sold, licensed or provided by MEIRHOSTING
to Customer or purchased directly by Customer used in connection with the Services
will not be deemed a breach of MEIRHOSTING's obligations under this Agreement.
Any rights or remedies Customer may have regarding the ownership, licensing,
performance or compliance of Non-MEIRHOSTING Product are limited to those rights
extended to Customer by the manufacturer of such Non-MEIRHOSTING Product. Customer
is entitled to use any Non-MEIRHOSTING Product supplied by MEIRHOSTING only
in connection with Customer's permitted use of the Services. Customer shall
use its best efforts to protect and keep confidential all intellectual property
provided by MEIRHOSTING to Customer through any Non-MEIRHOSTING Product and
shall make no attempt to copy, alter, reverse engineer, or tamper with such
intellectual property or to use it other than in connection with the Services.
Customer shall not resell, transfer, export or re-export any Non-MEIRHOSTING
Product, or any technical data derived therefrom, in violation of any applicable
United States or foreign law.
6. IP Address Ownership.
If MEIRHOSTING assigns Customer an Internet Protocol address for Customer's
use, the right to use that Internet Protocol address shall belong only to MEIRHOSTING,
and Customer shall have no right to use that Internet Protocol address except
as permitted by MEIRHOSTING in its sole discretion in connection with the Services,
during the term of this Agreement. MEIRHOSTING shall maintain and control ownership
of all Internet Protocol numbers and addresses that may be assigned to Customer
by MEIRHOSTING, and MEIRHOSTING reserves the right to change or remove any and
all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
7. Caching.
Customer expressly (i) grants to MEIRHOSTING a license to cache the entirety
of the Customer Content and Customer's website, including content supplied by
third parties, hosted by MEIRHOSTING under this Agreement; and (ii) agrees that
such caching is not an infringement of any of Customer's intellectual property
rights or any third party's intellectual property rights.
8. CPU Usage.
Customer agrees that Customer shall not use excessive amounts of CPU processing
on any of MEIRHOSTING's servers. Any violation of this policy may result in
corrective action by MEIRHOSTING, including assessment of additional charges,
disconnection or discontinuance of any and all Services, or termination of this
Agreement, which actions may be taken in MEIRHOSTING's sole and absolute discretion.
If MEIRHOSTING takes any corrective action under this section, Customer shall
not be entitled to a refund of any fees paid in advance prior to such action.
9. Bandwidth and Disk Usage.
Customer agrees that bandwidth and disk usage shall not exceed the number of
megabytes per month for the Services ordered by Customer on the Order Form (the
"Agreed Usage"). MEIRHOSTING will monitor Customer's bandwidth and disk usage.
MEIRHOSTING shall have the right to take corrective action if Customer's bandwidth
or disk usage exceeds the Agreed Usage. Such corrective action may include the
assessment of additional charges, disconnection or discontinuance of any and
all Services, or termination of this Agreement, which actions may be taken in
MEIRHOSTING's sole and absolute discretion. If MEIRHOSTING takes any corrective
action under this section, Customer shall not be entitled to a refund of any
fees paid in advance prior to such action.
10. Property Rights.
MEIRHOSTING owns all right, title and interest in and to the Services and MEIRHOSTING's
trade names, trademarks, service marks, inventions, copyrights, trade secrets,
patents, know-how and other intellectual property rights relating to the design,
function, marketing, promotion, sale and provision of the Services and the related
hardware, software and systems ("Marks"). Nothing in this Agreement constitutes
a license to Customer to use or resell the Marks.
11. Customer Website; ECommerce; Customer Warranties.
Customer shall be solely responsible for the development, operation and maintenance
of Customer's website, online store and ecommerce activities, for all products
and services offered by Customer or appearing online and for all contents and
materials appearing online or on Customer's products, including, without limitation
(i) the accuracy and appropriateness of the Customer Content and content and
material appearing in its store or on its products, (ii) ensuring that the Customer
Content and content and materials appearing in its store or on its products
do not violate or infringe upon the rights of any person, and (iii) ensuring
that the Customer Content and the content and materials appearing in its store
or on its products are not defamatory or otherwise illegal. Customer shall be
solely responsible for accepting, processing and filling customer orders and
for handling customer inquiries or complaints. Customer shall be solely responsible
for the payment or satisfaction of any and all taxes associated with its website
and online store.
Customer shall be responsible for the security and confidentiality of any customer
information (including, without limitation, customer credit card numbers) that
Customer may receive as a result of its website or online store.
Customer is responsible for keeping a copy of their most current web site files
as backup on a remote system (not on MEIRHOSTING servers). MEIRHOSTING is not
responsible for any lost files, information, or data. MEIRHOSTING does not provide
any file retrieval services.
Customer understands that system updates occur in real-time and as queued batch
processes. For example, account passwords are currently updated as queued batch
processes, therefore the update does not occur in the system instantaneously.
MEIRHOSTING reserves the right to modify the processing times at any time without
notice. If a client or MEIRHOSTING support personnel (when authorized by client)
makes any modifications to a hosting account, the client is responsible to make
sure these updates have occurred in our system.
Customer represents and warrants to MEIRHOSTING that Customer owns or has the
right to use the Customer Content and material contained therein, including
all text, graphics, sound, music, video, programming, scripts and applets, and
the use, reproduction, distribution and transmission of the Customer Content
and any information and materials contained therein does not, and will not,
(i) infringe or misappropriate any copyright, patent, trademark, trade secret
or any other proprietary right of a third party, (ii) violate any criminal laws
or (iii) constitute false advertising, unfair competition, defamation, an invasion
of privacy, violate a right of publicity or violate any other law or regulation.
Customer grants MEIRHOSTING the right to reproduce, copy, use and distribute
all and any portion of the Customer Content to the extent needed to provide
and operate the Services.
12. Disclaimer of Warranty.
Customer agrees to use all Services and any information obtained through or
from MEIRHOSTING, at Customer's own risk. Customer acknowledges and agrees that
MEIRHOSTING exercises no control over, and accepts no responsibility for, the
content of the information passing through MEIRHOSTING's host computers, network
hubs and points of presence or the Internet.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED
ON AN AS IS, AS AVAILABLE BASIS. NONE OF MEIRHOSTING, ITS PARENT, SUBSIDIARY
OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS,
DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION
PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "MEIRHOSTING PERSON") MAKE
ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT,
FOR THE SERVICES OR ANY EQUIPMENT MEIRHOSTING PROVIDES. NO MEIRHOSTING PERSON
MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE;
NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF
ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE
SERVICES. MEIRHOSTING IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY,
FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED
BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY MEIRHOSTING.
NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY MEIRHOSTING PERSON, WILL
CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
The terms of this section shall survive any termination of this Agreement.
13. Indemnification.
Customer agrees to indemnify, defend and hold harmless MEIRHOSTING and its parent,
subsidiary and affiliated companies, and each of their respective officers,
directors, employees, shareholders and agents (each an "indemnified party" and,
collectively, "indemnified parties") from and against any and all claims, damages,
losses, liabilities, suits, actions, demands, proceedings (whether legal or
administrative), and expenses (including, but not limited to, reasonable attorney's
fees) threatened, asserted, or filed by a third party against any of the indemnified
parties arising out of or relating to (i) Customer's use of the Services, (ii)
any violation by Customer of the Usage Policy, (iii) any breach of any representation,
warranty or covenant of Customer contained in this Agreement or (iv) any acts
or omissions of Customer. The terms of this section shall survive any termination
of this Agreement.
14. Limitation of Liability.
Customer agrees that no MEIRHOSTING Person, under any circumstances, shall be
held responsible or liable for situations where the Services are accessed by
third parties through illegal or illicit means, including situations where such
data is accessed through the exploitation of security gaps, weaknesses or flaws
(whether known or unknown to MEIRHOSTING at the time) which may exist in the
Services or MEIRHOSTING's equipment used to provide the Services.
Under no circumstances, including negligence, shall any MEIRHOSTING Person be
liable for any indirect, incidental, special, consequential or punitive damages,
or loss of profits, revenue, data or use by Customer, any of its customers,
any Reseller Customer or any other third party, whether in an action in contract
or tort or strict liability or other legal theory, even if MEIRHOSTING has been
advised of the possibility of such damages. No MEIRHOSTING Person shall be liable
to Customer, any of its customers, any Reseller Customer or any other third
party, for any loss or damages that result or are alleged to have resulted from
the use of or inability to use the Services, or that results from mistakes,
omissions, interruptions, deletion of files, loss of data, errors, viruses,
defects, delays in operations, or transmission or any failure of performance,
whether or not limited to acts of God, communications failure, theft, destruction
or unauthorized access to MEIRHOSTING's records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, MEIRHOSTING's maximum
liability under this Agreement for all damages, losses, costs and causes of
actions from any and all claims (whether in contract, tort, including negligence,
quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount
paid by Customer for the Services which gave rise to such damages, losses and
causes of actions during the 12-month period prior to the date the damage or
loss occurred or the cause of action arose.
Customer understands, acknowledges and agrees that if MEIRHOSTING takes any
corrective action under this Agreement because of an action of Customer or one
if its customers or a Reseller Customer, that corrective action may adversely
affect other customers of Customer or other Reseller Customers, and Customer
agrees that MEIRHOSTING shall have no liability to Customer, any of its customers
or any Reseller Customer due to such corrective action by MEIRHOSTING.
This limitation of liability reflects an informed, voluntary allocation between
the parties of the risks (known and unknown) that may exist in connection with
this Agreement. The terms of this section shall survive any termination of this
Agreement.
15. Force Majeure.
MEIRHOSTING 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, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability of, interruption
or delay in telecommunications or third party services (including DNS propagation),
failure of third party software or hardware or inability to obtain raw materials,
supplies or power used in or equipment needed for provision of the Services.
16. Governing Law; Jurisdiction; Arbitration.
This Agreement shall be governed in all respects by UK law without regard to
the conflict of law provisions thereof. Both parties submit to personal jurisdiction
in the UK. Any controversy or claim arising out of, relating to or in connection
with this Agreement, or the breach thereof, shall be subject to arbitration
in accordance with existing Commercial Arbitration Rules. Any judgment upon
the award rendered by the arbitrator may be entered in any court having jurisdiction
thereof. The place of arbitration shall be Los Angeles, California, or any other
place selected by mutual agreement of the parties. An award rendered in connection
with an arbitration pursuant to this Section shall be final and binding upon
the parties and the parties agree and consent that the arbitral award shall
be conclusive proof of the validity of the determinations of the arbitrations
set forth in the award, and any judgment upon such an award may be entered and
enforced in any court of competent jurisdiction. The parties agree that the
award of the arbitral tribunal will be the sole and exclusive remedy between
them regarding any and all claims and counterclaims between them with respect
to the subject matter of the arbitrated dispute. The parties hereby waive all
in personam jurisdictional defenses in connection with any arbitration hereunder
or the enforcement of an order or award rendered pursuant thereto. In any legal
action, the prevailing party will be entitled to recover all legal expenses
incurred in connection with the action, including but not limited to its costs,
both taxable and non-taxable, and reasonable attorney's fees. The terms of this
section shall survive any termination of this Agreement.
17. Assignment.
Customer shall not have the right to assign this Agreement without the prior
written consent of MEIRHOSTING. This Agreement shall be binding upon and inure
to the benefit of Customer and MEIRHOSTING and their successors and permitted
assigns.
18. Entire Agreement; Severability.
This Agreement, together with the Order Form and any other documents or agreements
specifically identified in this Agreement, represents the entire agreement between
the parties, and supercedes all previous representations, understandings or
agreements. If any provision of this Agreement shall be held by a court of competent
jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement
shall remain in full force and effect.
Customer hereby represents that he, she or it is either, an individual entering
this Agreement for his or her personal use and is over 18 years of age, or a
corporation, limited partnership or other legal entity, duly organized, validly
existing and in good standing under the laws of the state of its organisation
and the person acting on behalf of Customer is duly authorised to accept, execute
and deliver this Agreement on behalf of Customer.
19. Conditions of Free Hosting.
Free Hosting means' free of charge' for the
provision of the "UK Charity Package" subscription only, to Charities
and Non-profit Organisations Registered in the United Kingdom, Subject to Availability
and following successful verification. Charity to Business ratio(guidelines
for allocation, and for the purpose of the provision of adequate funding) will
be 3:1. This ratio is approximate and may be changed without notice.
Additional services, upgrades and requests will be charged in accordance with
the MeirHosting.Net published prices or prices agreed with the customer.
20. Conditions of Domain name sales.
All .co.uk, .org.uk and .me.uk registrants must agree to Nominet UK's terms
and conditions located at http://www.nominet.org.uk/nominet-terms.html
All other domains extensions are covered by the relevant authority for your
chosen domain extension. Our main domain registrar is enom inc but may change
without notice. By agreeing to these terms and conditions, you are also agreeing
with the terms and conditions of registration with enom. http://www.enom.com/terms/agreement.asp
Meirhosting or meirhostingdomains will register domains on behalf of the client
with a reputable domain registrar of its choice. Prior payment is necessary
before domain registration at the agreed price between Meirhosting and the client.
Service charges or general admin fee's may apply in respect of domain detail
alterations requested by the client or their agent. Once domain names have been
registered they cannot be cancelled, so we are unable to refund the costs of
your domain registration after you have placed your order. Instead, you will
retain full ownership of your chosen domain and you will be free to use it with
other web hosts in the future subject to invoice account settlement.
Usage Policy
This is MEIRHOSTING's Usage Policy, which supplements the service agreement
of each user of MEIRHOSTING's services (each, a "Subscriber"). Every Subscriber
is subject to this Usage Policy, and by virtue of using MEIRHOSTING's services,
network and/or systems (collectively the "Services") agrees to be bound by this
Usage Policy. MEIRHOSTING will revise this Usage Policy from time to time. A
Subscriber's use of the Services after revisions to the Usage Policy are posted
on MEIRHOSTING's website at http://www.meirhosting.net, will constitute such
person's acceptance of any changes or additions to the Usage Policy.
Subscribers violate this Usage Policy when they (or their affiliates or customers)
engage in the following prohibited activities.
The following cannot be held on our servers
Pirated software
Hacker programs
Warez
Pornography or nudity of any kind, until verified by Meirhosting.
Copyrighted materials
ROMs
Emulators
any links/affiliations to the above
Violations of Intellectual Property Rights
Any violation of any person's intellectual property rights, rights of privacy,
rights of publicity or other personal rights is prohibited. MEIRHOSTING is required
by law to remove or block access to content appearing on or through the Services
upon receipt of proper notice of copyright infringement (see "Copyright Infringement
Notice Information" below).
Spamming
MEIRHOSTING has zero tolerance for UBE/UCE (unsolicited bulk email/unsolicited
commercial email). This policy protects our customers as well as the Internet
community from the negative effects of "spam" related activity. MEIRHOSTING
defines UBE/UCE as unsolicited broadcast or commercial email that is sent to
addresses that do not affirmatively and verifiably request such material from
that specific sender.
Our Policies
1. MEIRHOSTING customers, or any user of bandwidth and/or services on our network (herein described as 'users') are prohibited from sending UBE/UCE. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. MEIRHOSTING may consider the lack of such proof of explicit affirmative permission of a questionable UBE/UCE at its sole discretion.
2. MEIRHOSTING customers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation. Multiple infractions of this policy will result in a discontinuation of service.
3. MEIRHOSTING customers will be notified in the event that their sites are in violation of the above policy. Again, failure to rectify such situations may be cause for termination of service.
4. MEIRHOSTING customers are prohibited from providing hosting services for websites that have been included in UBE/UCE. Hosting includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services.
5. Valid complaints received by MEIRHOSTING will be forwarded to the customer for a response and resolution. If within twenty-four (24) hours there is no response, MEIRHOSTING may block traffic to and from the IP address involved in the UBE/UCE complaint until the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. All users are responsible for maintaining a working email contact and updating that information with MEIRHOSTING when it changes.
6. If MEIRHOSTING receives repeat complaints indicating that a problem has not been resolved, MEIRHOSTING reserves the right to suspend and/or cancel any and all services provided to the user after a notification of no less than two (2) hours.
To report an incidence of abuse, please email abuse@meirhosting.net
Misrepresentation of Transmission Information
Forging, misrepresenting, omitting or deleting message headers, return mailing
information and/or Internet protocol addresses to conceal or misidentify the
origin of a message is prohibited.
Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses, worms or Trojan
horses, or for pinging, flooding or mailbombing, or engaging in denial of service
attacks is prohibited. It is also prohibited for any Subscriber to engage in
other activity that is intended to disrupt or interfere with, or that results
in the disruption of or interference with, the ability of others to effectively
use the Services (or any connected network, system, service or equipment) or
conduct their business over the Internet.
Hacking
"Hacking" and related activities is prohibited. "Hacking" includes, but is not
limited to, the following activities: illegally or without authorization accessing
computers, accounts or networks, penetrating or attempting to penetrate security
measures, port scans, stealth scans and other activities designed to assist in
hacking.
Export Control Violations
The exportation of encryption software outside of the United States and/or
violations of United States law relating to the exportation of software is
prohibited.
Child Pornography
The use of the Services to store, post, display, transmit, advertise or otherwise
make available child pornography is prohibited. MEIRHOSTING is required by
law, and will, notify law enforcement agencies when it becomes aware of the
presence of child pornography on, or being transmitted through, the Services.
Other Illegal Activities
The use of the Services to engage in any activities that are determined by
MEIRHOSTING, in its sole and absolute discretion, to be illegal is prohibited.
Such illegal activities include, but are not limited to, storing, posting,
displaying, transmitting or otherwise making available ponzi or pyramid schemes,
fraudulently charging credit cards or displaying credit card information of
third parties without their consent, and failure to comply with applicable
online privacy laws. MEIRHOSTING will cooperate fully with appropriate law
enforcement agencies in connection with any and all illegal activities occurring
on or through the Services.
Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display or otherwise make available
obscene, defamatory, harassing, abusive or threatening language is prohibited.
Other Activities
Engaging in any activity that, in MEIRHOSTING's sole and absolute discretion,
disrupts, interferes with or is harmful to (or threatens to disrupt, interfere
with or be harmful to) the Services, MEIRHOSTING's business, operations, reputation,
goodwill, customers and/or customer relations, or the ability of MEIRHOSTING's
customers to effectively use the Services is prohibited. Such prohibited activities
include making available any program, product or service that is designed to
or could be used to violate this Usage Policy. In addition, the failure by
a Subscriber to cooperate with MEIRHOSTING in correcting or preventing violations
of this Usage Policy by, or that result from the activity of, a customer of
the Subscriber is a violation of this Usage Policy.
In general, MEIRHOSTING does not monitor its customers' websites or activities
to determine whether they are in compliance with this Usage Policy. However,
when MEIRHOSTING becomes aware of any violation of this Usage Policy or its
User Agreement, MEIRHOSTING may take any action to stop or correct such violation,
including, but not limited to, shutting down a website, denying access to the
Services or to the Internet, and/or removing information. In addition, MEIRHOSTING
may take action against a Subscriber or a customer of such Subscriber because
of the activities of such customer. MEIRHOSTING reserves the right to take
any such action even though such action may affect other customers of the Subscriber.
MEIRHOSTING may disclose any information in its possession, including, without
limitation, information about Subscribers, internet transmissions and website
activity in order to comply with a court order, subpoena, summons, discovery
request, warrant, statute, regulation or governmental request, to protect MEIRHOSTING
or others from harm, and/or to ensure the proper operation of the Services.
MEIRHOSTING has no obligation to notify any person, including the Subscriber
about whom information is sought, that MEIRHOSTING has provided the information.
Copyright Notice Infringement Information
In accordance with the Digital Millennium Copyright Act, MEIRHOSTING has adopted
a policy that provides for termination of websites hosted by MEIRHOSTING that
are found to infringe on copyrights of third parties. If a copyright holder
believes that there has been a violation of his or her copyright on a website
that is hosted by MEIRHOSTING or its subsidiaries, and the copyright holder
wants MEIRHOSTING to remove the website or disable the material in question,
MEIRHOSTING will remove the website or disable the material if the copyright
holder provides us with all of the following information:
1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
3. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
4. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Refund Policy
MEIRHOSTING provides a 30 Days Money Back Guarantee on all of
its hosting plans. If you are dissatisfied with your service for any
reason, you will receive a full refund (minus overage charges) if you
cancel your account within 30 days of activation.
Our refund policy does not apply to any additional items or services; this
includes but is not limited to Dedicated IP's.
Also NOT included are Domain Registration services, Dedicated
Hostings, and One-time Setup Fees.
No refunds are available after the initial 30 day period. Any request for cancellation
must be received via the web, regular mail or fax and you will receive a confirmation
upon the cancellation of your account.
Cancellations over the telephone, instant messaging and informal email are not
accepted.
This 30 day money back guarantee does not apply to any fees associated with
these accounts. Accounts cancelled/terminated by MEIRHOSTING. for violating
our Usage Policy do not qualify for our 30 day money
back guarantee. For example, if your account is cancelled due to spamming, you
will not be given any refund.
Please allow 3-4 working days for refunds to take place.
Privacy Statement
MEIRHOSTING demonstrates its commitment to our customers' privacy by providing
this statement(in accordance with the Data Protection Act 1998). We will do
everything in our power to ensure your right to privacy. We are committed to
developing long lasting relationships that are built on trust. MEIRHOSTING will
never violate that trust.
Personal Data Transmissions Are Encrypted
When you order from MEIRHOSTING, all your personal information is protected.
We use Secure Sockets Layer (SSL), the industry standard, for encrypting all
personal information, including name, address and credit card numbers.
Confidentiality of Personal Information
MEIRHOSTING will never provide or sell your personal information to any third
party.
Policy Changes
While MEIRHOSTING will provide our clients with reasonable notification, MEIRHOSTING
reserves the right to change its policy at any time to meet the needs of our
customers, changing laws and new technology.
Cookie Policy Statement
MEIRHOSTING understands that many of you are concerned about cookies. We provide
this Cookie Policy Statement to let you know how we use this technology. MEIRHOSTING
uses cookies to help us improve our website and web hosting services, and for
the increased convenience of our customers.
Cookies For Improving Our Website
MEIRHOSTING uses cookies to inform us of a repeat visit. The cookie does not
store personal information, such as your name, email address, or passwords.
Cookies For Customer Account Management
MEIRHOSTING is dedicated to using the newest technologies in order to simplify
our customers' lives. As part of our web hosting package, MEIRHOSTING offers
password-protected web-based management tools. MEIRHOSTING uses cookies to ensure
customer's security and detect amount of non-usage time for automated logoff.