MikHoSoft

BASIC POLICY & SERVICE GUIDELINES (AUP)

Use of any MikHoSoft service constitutes acceptance and agreement to MikHoSoft's AUP as well as MikHoSoft's TOS (Terms of Service).

IMPORTANT NOTICE: *All Payments To MikHoSoft Are Non-Refundable After The 30 Days Period Is Over*

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. MikHoSoft may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your MikHoSoft account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understanding of MikHoSoft's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of MikHoSoft's AUP:

Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression and exchange of information
Preserve the privacy and security of individual users
MikHoSoft intends to provide its customers access to everything the Internet has to offer. While MikHoSoft is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both MikHoSoft and the Internet and cannot be permitted under the guise of free speech. The resources of MikHoSoft and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use our services to publish material, which MikHoSoft determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a MikHoSoft account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

VIOLATIONS OF MIKHOSOFT ACCEPTABLE USE POLICY
The following constitute violations of this AUP:

Illegal use: MikHoSoft's services may not be used for illegal purposes, or in support of illegal activities. MikHoSoft reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harm to minors: Use of MikHoSoft services to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Threats: Use of MikHoSoft services to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment: Use of MikHoSoft services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of MikHoSoft services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of MikHoSoft services to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending account.
E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account.
E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through MikHoSoft services is in violation of this AUP.
Usenet SPAMing: MikHoSoft has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Unauthorized access: Use of MikHoSoft services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of MikHoSoft's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending MikHoSoft account is subject to immediate termination.
Copyright or trademark infringement: Use of MikHoSoft services to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Collection of personal data: Use of MikHoSoft services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Network disruptions and unfriendly activity: Use of MikHoSoft services for any activity which affects the ability of other people or systems to use MikHoSoft Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. MikHoSoft will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
Inappropriate Use of Software: Use of software or any device that would facilitate a disruption in MikHoSoft network, while using MikHoSoft services could result in suspension of services.
Third Party Accountability: MikHoSoft subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
Violation Of MikHoSoft Services: It is absolutely forbidden to host illegal pornographic content or IRC servers on any service provided by MikHoSoft. Accounts found hosting this material will be subject to immediate cancellation without refund.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not 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 or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with services to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. MikHoSoft will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Network Performance

Network Performance

MikHoSoft accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU processes, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of MikHoSoft systems or networks. MikHoSoft reserves the right to terminate or limit such activities.

REVISIONS TO THIS ACCEPTABLE USE POLICY

MikHoSoft reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

TERMS OF SERVICE (TOS)

This agreement (“Agreement”) between MikHoSoft, (“MikHoSoft ”) and the Customer ("Customer") which this agreement governs the provision of MikHoSoft and related services (the “Services”). This Agreement is effective the instant Customer (a) signs up for Services through any of MikHoSoft’ websites or (b) establishes an account with MikHoSoft or uses the Services or any part thereof (“Effective Date”). MikHoSoft may revise this Agreement without warning to the Customer.

Services.

MikHoSoft will provide Customer with what they signed up for within their order according to the fees indicated to the Customer before MikHoSoft billed Customer. Customer also understands that unless MikHoSoft is running a promotion, MikHoSoft will not discount their price or provide anything more or less than what the customer signed up for without Customer upgrading their plan by a MikHoSoft customer service representative.

Rejection of Services.

MikHoSoft reserves the right to cancel, temporarily suspend or deny services to Customer at our desecration. If MikHoSoft feels that it is not of its best interest, or a liability to obtain a customer, MikHoSoft will take into consideration past history on both business levels and personal levels to determine if customer is a liability to the company. MikHoSoft will give notice of cancellation if MikHoSoft cancels Customers account, as well as temporary suspension and denied services.

Payment.

Customer agrees that as long as account is active, customer will maintain a good standing balance with MikHoSoft, and will pay before or on the due date of invoice. Any setup fees associated with the opening of the Customers account, or future upgrades are one time fees; services ordered during initial signup with setup fees will be charged up front, as well as the Customers hosting services.

If Customer has not paid after 2 days of their account due date, MikHoSoft will suspend Customers account(s) and invoice customer $15 for late payment. If account is not paid after 3 days of the due date payment has not been received, MikHoSoft, at its descration, will terminate the customers account as well as all services, unless arrangements have been made by the customer with MikHoSoft.

Cancellation of Services.

The Customer may cancel their account with us at any time. MikHoSoft will not provide any compensation or refunds of any kind. Customer must submit a ticket to our Activations/Closure department within our help desk, verifying their account information and providing reason of cancellation.

Although a customer may cancel PayPal subscription, MikHoSoft does not consider this a form of cancel. Customer MUST still submit a ticket to our Activations/Closure department in order to cancel their account. All payments prior to account closure are non-refundable. This includes but not limited to setup fees, hosting fees and other services offered through MikHoSoft.

Refunds and Disputes.

All payments to MikHoSoft are non-refundable, and are considered to be the intellectual property of MikHoSoft. All billing disputes must be reported to MikHoSoft within 60 days in order to receive compensation. Charge backs with your credit card issuer are considered invalid, as they are not constitutional under the MikHoSoft Terms of Service Agreement. If customer files a charge back, MikHoSoft will charge a $50 Administrative Fee per charge back to customer. It is best to deal with MikHoSoft directly to come up with a resolution, instead of going to your credit card company first.

Ownership of Data, Software, Hardware, and IP Addresses.

All software, hardware and Internet protocol (“IP”) addresses provided by MikHoSoft are licensed to Customer and remain MikHoSoft’s sole and exclusive property.

Bandwidth Overages

At the end of your billing period and as well as periodic bandwidth checks, MikHoSoft will take an analysis of your server or VPS. If at that time you are found to be over your bandwidth, MikHoSoft will send you notice of these overages. Note that all overages will be charged $.50/GB that you went over.

Maintenance, Security, & Service Interruption.

(a) MikHoSoft may interrupt Service to perform maintenance on MikHoSoft equipment. MikHoSoft will exercise reasonable efforts (i) to inform Customer before interrupting Service and (ii) to restore the system promptly.

(b) Customer is responsible for maintaining security, for maintaining patches and disaster recovery systems, and for maintaining backups. MikHoSoft will not be liable for loss of data or for breaches in system integrity, even if Customer’s Service includes firewalls, backups, denial of service protections, or other mechanisms to protect data and system integrity. In the event that MikHoSoft suspects that security of any of equipment has been breached, it may disable such equipment and the Service.

(c) In the event that Customer’s use of Service causes a denial of service or in any other way injures the functioning of services MikHoSoft provides to other customers, MikHoSoft may interrupt Service or permanently disable it, even if such denial of service or injury occurred through no fault of Customer’s.

(d) MikHoSoft will not be liable for service interruptions, including without limitation interruptions executed in order to investigate suspected AUP violations, whether or not such violations occurred.

Spamming

Directly or indirectly transmitting or supporting the transmission of unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site. If you are caught in violation of spamming your services will result in immediate termination without a refund as you chose to violate this policy.

Disclaimers and Warranties.

(a) MikHoSoft will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages, even if MikHoSoft was advised in advance of the possibility of such damages. MikHoSoft’ maximum liability arising out of or related to this agreement will not exceed the total amount of fees billed to customer during the twelve-(12) months preceding the claim.

(b) MikHoSoft will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from: (i) other MikHoSoft customers or third parties accessing customer’s data or assigned computers; (ii) security breaches;
(iii) eavesdropping; (iv) denial of service attacks; (v) interception of traffic sent or received using the equipment or Service; (vi) customer’s reliance on or use of the equipment or Service; (vii) mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or other failures of performance of the equipment or Service; (viii) the accuracy, completeness, and usefulness of the Service; (ix) loss of data or loss of access to data; or (x) loss of equipment or injury to equipment.

(c) MikHoSoft shall not insure or be responsible for any loss or damage to property of any kind owned or leased by Customer except to the extent such liability results from MikHoSoft gross negligence or willful misconduct. Any policy of insurance covering the property owned or leased by Customer against loss by physical damage shall provide that the underwriters have given their permission to waive their rights of subrogation against MikHoSoft, its affiliates and their directors, officers, partners, and employees, as well as their subsidiaries, and their respective directors, officers, partners, and employees.

(d) MikHoSoft’ limitations and exclusions of liability set forth in this section 7 and in this agreement apply equally to MikHoSoft’ officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.

Indemnity & Third Party Claims.

(a) Customer will defend and indemnify MikHoSoft, its officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies from any third party claim arising out of or related to: (i) alleged Customer conduct that would breach this Agreement, including without limitation alleged infringement of third party intellectual property or privacy rights; (ii) Customer’s use, misuse, or failure to use the Service; and (iii) any action taken by MikHoSoft as part of an investigation into a suspected violation of this Agreement or as a result of its conclusion that a violation has occurred. Such Customer obligation includes payment of losses, expenses, damages, and costs, including without limitation attorneys’ fees.

(b) Upon MikHoSoft’ request, Customer will immediately notify any third party that MikHoSoft is not responsible for (i) any content or materials posted on any Customer website or otherwise disseminated through Customer’s use of the Service or (ii) any use or abuse of the Service whatsoever by Customer or any third party.

Service Level Agreement.

99% Network Uptime Guarantee: MikHoSoft offers a 99% uptime guarantee on
all network related services (i.e. bandwidth, routers, switches, and cabling). The 99% uptime guarantee is applicable to all network services delivered to customers via a single independent network drop. Customer generated outages created by failed equipment, exploited servers, misconfigurations or traffic in excess of the maximum allowed by contract are not subject to the SLA. Service credits are based directly on all equipment and/or services affected by a network outage. Services or hardware not related to the network outage will not qualify for a service credit.

99.9% Service Uptime Guarantee: MikHoSoft offers a 99.9% Uptime guarantee to our general web hosting customers and reseller customers. This guarantee includes the availability of all services, network and the accessability of the customers website(s).

Customer credits are equal to one day’s usage for every hour of outage, not to exceed one month’s recurring charges.

MikHoSoft provides up to 50% monthly recurring revenue credit to a customer if service is unavailable. On outages of four hours or less, depending on access type, the customer receives a 3-day, prorated monthly credit. On outages over four hours, the customer receives an additional day credit for each hour the outage persists up to 50% of the monthly charge.

NOTE: Any service outage will need to be reported within 48 hours after restoration. After 48 hours, you will not be waranted a credit.

Money Back Guarantee.

MikHoSoft offers our web hosting account customers a complete 30 day money back satisfaction guarantee. If under the circumstances the customer is not happy with our services, MikHoSoft agrees to provide a full refund of the service, excluding any setup fee's. Customer may not change their cancellation reasoning after being informed of this policy. This policy is void if (a) customer signs of knowing they will cancel within 30 days (b) customer signs up for the purpose of cancelling (c) customer has no record or signs of dis-satisfaction in the MikHoSoft helpdesk.

Liability.

Customer is solely responsible for the conduct of the Customers business and all other matters under Customers control. IN NO EVENT SHALL MikHoSoft, ITS PARENT, SUBSIDIARIES, AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN PRODUCING, CREATING OR DELIVERING MikHoSoft
SERVICE, TECHNOLOGY OR CONTENT, BE LIABLE TO The Client IN ANY MANNER WHATSOEVER FOR LOSS OF OR INACCURACY OF DATA, GOODS, REVENUES, PROFITS, SERVICES, OR TECHNOLOGY OR FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES, EVEN IF MikHoSoft
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Client HEREBY WAIVES ANY AND ALL CLAIMS AGAINST MikHoSoft AND ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF CUSTOMERS USE OF MikHoSoft SERVICE.

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