These Terms of Services govern the use of the MozzineHosting website and its services for server clients. The term "MozzineHosting" is used to refer to MozzineHosting Hosting Ltd. The term "account" refers to the access, content, and services that MozzineHosting provides to its users.
By using the MozzineHosting Web Site, Hosting Services, any Support Services, any MozzineHosting software, or any other products or services of MozzineHosting, you agree to be bound by the terms of this Agreement. MozzineHosting reserves the right to change, amend and/or otherwise alter the MozzineHosting Services with equivalent or otherwise equal services without prior notice to you.
The terms contained herein supersede and replace any other agreement or negotiation between you and MozzineHosting, whether oral, written or otherwise, including any statements made to you by any representative of MozzineHosting at any time. Any amendments, changes, additions, deletions or other modifications of this Agreement are void unless specifically expressed in writing and agreed to by MozzineHosting.
MozzineHosting reserves the right to cancel any account, including files and content, for any reason, or no reason at all, at any time. You agree to maintain back-up files of all information you post on MozzineHosting and you agree that MozzineHosting will have no liability for removing any data you have posted.
Subscribers to MozzineHosting Services must be at least 18 years of age or require the approval of the minor's legal guardian.
At your request, MozzineHosting may acquire a Second-Level Domain Name("Domain Name"), on your behalf and in your name, assuming that the Domain Name you request is available for registration. MozzineHosting will not own or otherwise legally control any Domain Name registered on your behalf under this Section. MozzineHosting provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against MozzineHosting for any and all damages, losses, claims or expenses arising or related to the acquisition, registration and/or use of the Domain Name. Domains for more than three years will be provisionally registered for one year to protect both parties from fraudulent transactions. Registrants should react on renewal reminders through support ticket. You agree that MozzineHosting will have no liability of any kind for any loss resulting from (i) processing of registration requests, renewal requests, transfer requests or any domain modifications (ii) any dispute over any domain name registration/renewal. Any costs incurred by MozzineHosting to obtain and/or maintain the Domain Name on your behalf shall be charged to you by MozzineHosting at an amount determined by MozzineHosting, at their sole discretion.
Client is required to check the renewal/working of his account himself regularly. If any discrepancy/malfunction is discovered it must be reported to MozzineHosting through "Support Ticket" within 7 business working days. In the absence of any such "Support Ticket" the account will be deemed to be running to the satisfactory of client.
Support for dedicated hosting plans is offered via Ticket Support System, Live Chat, and e-mail. This support is offered 24 hours a day, seven (7) days a week as per your managed or unmanaged contract server agreement.
MozzineHosting reserves the right to access and review its user's content, files, or web pages for any reason at its sole discretion. MozzineHosting does not preview the content of its users and therefore all user content is provided "AS IS" and without warranty of any kind by MozzineHosting. MozzineHosting does not endorse any content contained within it's user's pages. MozzineHosting will cooperate with all law enforcement efforts pertaining or involving the use of MozzineHosting's user's web space and content. This may result in MozzineHosting disclosing all information given to MozzineHosting including but not limited to information contained in MozzineHosting's customer database records.
MozzineHosting does not permit the following file types: .cmd, and .bat.
A partial list of the actions that may cause termination of account:
It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of MozzineHosting including but not limited to the MozzineHosting customer service tools. You acknowledge that all right and title to any such MozzineHosting intellectual property shall remain the sole property of MozzineHosting and that you have no right, title or interest therein. You further agree not to provide access to the MozzineHosting services to any third party. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the MozzineHosting Services shall also remain the sole property or MozzineHosting.
During the term of this agreement you may have access to certain information and materials relating to the MozzineHosting business, customers, software technology and marketing which MozzineHosting treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of MozzineHosting; and (ii) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
Confidential Information also includes passwords and access codes.
In case any other person/entity contacts MozzineHosting for change of ownership of domain, MozzineHosting will have a right to do so after obtaining confirmation of the claim to sole satisfaction of MozzineHosting.
A change of the registrant name or email address is considered a domain Transfer and requires a written authorization from the domain owner.
MozzineHosting is provided on an "as Is" and "as available" basis. MozzineHosting expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. MozzineHosting makes no warranty that (i) MozzineHosting will meet your requirements or that, (ii) MozzineHosting will be uninterrupted, timely, secure, or error-free. Any material downloaded or otherwise obtained through the use of MozzineHosting 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 Any such Material. No Advice Or Information, whether Oral Or written, obtained By You from MozzineHosting shall create any warranty not expressly stated In herein. You expressly understand and agree that MozzineHosting shall not be liable for any direct, indirect, incidental, special, consequential Or exemplary damages, including but not limited to, damages for loss Of profits, goodwill, use, data or other intangible losses (even If MozzineHosting has been advised of the possibility of such damages), resulting from: (i) The use Or the inability to use the service; (ii) The cost Of procurement Of substitute goods and services resulting from any goods, data, information Or services purchased Or obtained Or messages received or transactions entered into through or from MozzineHosting; (iii) Unauthorized access to Or alteration Of your transmissions Or data; (iv) Statements Or conduct Of any third party on the service; Or (v) Any Other matter relating to the service. Some jurisdictions go not allow the exclusion Of certain warranties Or the limitation Or exclusion Of liability for incidental Or consequential damages. Accordingly, some Of the above limitations may not apply to you.
You agree to indemnify and hold MozzineHosting, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information or data you post on MozzineHosting your use of MozzineHosting, your violation of these Terms of Service, or your violation of any rights of another.
These Terms of Service constitute the entire agreement between you and MozzineHosting and govern your use of MozzineHosting, superseding any prior agreements between you and MozzineHosting. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms of Service and the relationship between you and MozzineHosting shall be governed by the laws of the Commonwealth of Virginia . You and MozzineHosting agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Virginia . The failure of MozzineHosting to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
MozzineHosting offers high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer, email or FTP accounts etc. MozzineHosting provides ample resources so that customers need not worry about exceeding limits.
It is acknowledged by users of MozzineHosting services that these resource allotments are optimized and dedicated towards serving web documents and self-need email services and is not to be used as offsite storage area for electronic files storage, sharing, transfer, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, compressed archives, electronic files, ebooks, audio and video storage/streaming or other media are strictly prohibited and are not allowed on MozzineHosting servers. The WebSpace is not allowed for any kind of storage, only website files are allowed.
It is also acknowledged by users of MozzineHosting services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. MozzineHosting takes measures to utilize the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of MozzineHosting services that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. MozzineHosting, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates.
It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, MozzineHosting reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization and memory. Additionally, web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of MozzineHosting.
Shared Hosting Plans (Gold, Platinum and all unlimited hosting plans) are restricted to 10 GB as total email space quota, however email quota will be limited as per web space in Bronze and Silver Hosting Plans. A Client can send 100 emails in one hour and 450 emails in 24 hours as a whole.
MozzineHosting strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or by defect in the coding of the script. If a user script is found to be in violation of this clause, or is found to be overwhelming system resources, the user may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the user account may be suspended for further review.
Use of MozzineHosting services requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of subscriber's website.
The subscriber is responsible for programming and for uploading the website to our servers. Website development, consulting, programming and debugging are beyond the free hosting support services.
The subscriber agrees that he or she has the necessary knowledge to create and maintain their website and agrees that it is not the responsibility of MozzineHosting to provide this knowledge or service.
MozzineHosting provides technical support for services only to its subscribers. We limit our technical support to our area of expertise. The following is our guideline when providing support:
MozzineHosting provides support related to your service plan’s features’ physical functioning. MozzineHosting does not provide technical support for the subscriber’s customers.
Subscriber agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer (“Agreed Usage”). MozzineHosting will monitor subscriber’s bandwidth and disk usage. MozzineHosting shall have the right to take corrective action if subscriber’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 is in MozzineHosting's sole and absolute discretion, at any time deemed necessary by MozzineHosting. If MozzineHosting takes any corrective action under this section, subscriber shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any cause, subscriber will be warned of approaching or exceeded resource limits via email by MozzineHosting’s automated notification system.
The subscriber is responsible for keeping a complete and current copy of their website files as a backup on a remote system (not solely on MozzineHosting servers).MozzineHosting is NOT RESPONSIBLE for any lost files, information or data i-e server migration, server upgrade/updates, software/hardware crash. MozzineHosting makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of subscriber websites. Although MozzineHosting backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the subscriber. MozzineHosting does not guarantee to possess the most current copy of a subscriber's website in its own backups.
MozzineHosting reserves the right to suspend network access to any subscriber if in the judgment of MozzineHosting, the subscriber‘s account is the source or target of a violation of any of the terms of the TOS, or for any other reason which MozzineHosting deems necessary. If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until our investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s machines were suspended if the subscriber is found to be at fault.