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Terms of Service

Terms of Service for all Products & Services

Users and customers of Services provided by MechanicWeb must accept and comply with the terms and conditions (referred to in this document as 'TOS') set out below. Your continued use of the service will be deemed consent to these TOS.

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of services by us to you and your use of the services.

If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following notice from us specifying the breach, we may terminate any and all agreement forthwith.

If you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate and all agreement forthwith.

On termination of any agreement or suspension of the services we shall be entitled immediately to lock your account, block all access and remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.

SLA Conditions

If our service drops below 99.9% uptime in any given month, you will be credited with one free month. This must be claimed within 7 days of our monitoring dropping below this level.

Any planned maintenance work is except from this guarantee and will be ignored. VPS and Dedicated servers are not subject to this SLA.

Uptime level is calculated by our status page and monitors only.

Refund Policy

If you are unhappy with any aspect of our service, please contact our support department who will attempt to rectify the situation. If the problem cannot be fixed, you are entitled to a refund within the money back guarantee period. There are no refunds past the money back guarantee period.

Refunds are not available for .COM, .NET, .ORG or any other domain names, SSL certificates, domain transfer in fees, domain transfer out fees, or any other products or services provided by us through other companies.

No refunds are provided for VPS or dedicated servers under any circumstances.

No refunds will be made if we terminate your hosting or other services due to any violation of our TOS, except as may be provided therein. This does not affect your statutory rights.

Credit on your account cannot be refunded and must be used for purchases and renewals.

Refunds will be issued at our discretion. Setup fees are non refundable.

Services/products purchased under a promotion, with or without a promo code, are excluded from the money back guarantee.

Any funds sent to us which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.

Payment

All charges payable by you for the services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.

Without prejudice to our other rights and remedies under this TOS, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of services to you and imply additional charges for re-activation.

If you fail to pay any sums due to us as they become due, we may suspend the services and/or terminate any and all agreement forthwith without notice to you.

We will not add charges to customers using either VISA or MasterCard card schemes. The final price will be the same regardless of payment method.

Affiliates

Affiliates may not mask, hide or modify the affiliate link. It must be used as displayed in the client area.

You may not spam or advertise in areas or sections of websites that breach the rules of the displaying site.

The affiliate system may not be used to receive a discount on packages ordered for yourself.

We reserve the right to remove any credit or earnings we deem to be suspicious without warning. Once removed, the credits will not be re-added.

Domain

We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should not assume registration of your requested domain name(s) until you have been notified that it has been registered.

The registration and use of your domain name is subject to the terms and conditions applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG. You shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired domain name.

We shall have no liability in respect of the use of any domain name by you; any dispute between you and any other person or entity must be resolved between the concerned parties in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

We shall not release any domain to another provider unless full payment for that domain has been received by us.

Free Domain Conditions

A free domain name will be registered for you with any hosting package offering such for any period of time.

A free domain name must be ordered within the first 7 days of ordering any hosting package offering such.

Only one domain will be registered free of charge per account.

Minimum hosting term of 3 months, after which you will be free to transfer the domain to another host should you wish. The domain also may not be transferred to another client during this time.

If you cancel your hosting within the the first 3 paid months of service, we reserve the right to cancel or resell your domain.

The offer applies to .com, .net, .biz, .org, .info domains only.

Delivery of Services

All orders are delivered electronically via email.

Domain & hosting services will be delivered immediately upon successful payment. You will receive an automated receipt from our systems. Please print and retain a copy of this in a safe place for future reference.

Your unique customer username will be on this receipt and should be used for all enquires to us.

Products & services provided under signed agreement(s) will be delivered in accordance with the agreement between you and us.

We aim to deliver all goods as soon as signup is complete. If we will be unable to adhere to this, you will be informed via email or telephone or both. Payment will be deducted when services are delivered.

The services available on this site are subject to both export and or import restrictions. Please check regulations in the country you are in to see if these products are allowed for import into your country.

Web Hosting

This TOS is an essential part of your relationship with us. By using your account with us, you agree to all of the Terms and Policies set out in this document.

General Terms and Policies

The product(s) or service(s) are provided to authorized persons or organizations or entities (referred to in this document as "subscriber" or "you"). Any use of the service(s) is subject to any restrictions listed below. By using the service(s), you agree to be bound by all of these terms and policies. If you do not agree to be bound by these terms and policies, you must cancel your account immediately and may not thereafter use or attempt to use the service(s).

Coverage - If you are an individual subscriber, these terms and policies apply to all persons who gain access through your account. If you are a commercial subscriber, these terms and policies apply to all your employees, agents and/or customers. In either instance, a violation of these terms and policies by anyone using your account will be treated as a violation by you.

Prices and Charges - MechanicWeb provides the use of WHM, cPanel and domain control panels to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you.

Term - The service(s) is provided to you for as long as you wish to use it, however we withhold the right to terminate the service if you use it in a way that violates the terms of service.

Backups - MechanicWeb carries out backups on timely intervals, these backups are strictly for our own use in-case of a server failure. However, you can also login to the backup server when available to you or contact support department to restore files. This is not meant as a replacement for keeping your own backups and we are not responsible for any loss of data.

Grounds for Suspension and Termination

You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for MechanicWeb to suspend or terminate your account. You agree that MechanicWeb has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following.

Using the Service(s) in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)

Hosting websites dedicated to pornography. Legal adult content is allowed. However, it cannot be the main focus of your website.

Using the service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming"); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a cleanup fee of $50 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.

Using your hosting as a file or image hosting service.

Using the service in an attempt to break security, or so as to actually break security of any computer network (including the service itself), or to access an account, message, or file which does not belong to you.

Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are exempt from this.

Using the service in such a way as to forge or misrepresent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender's identity or location. This includes the hosting of proxy server applications.

Uploading, linking to or storing warez, cracks or other pirated software.

Assisting in or directly distributing copyrighted material.

Excessively using the service in such a way as to limit the bandwidth available to others.

Providing fake or incomplete contact details, including name, postal address and telephone number.

Using the service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, web servers, or streaming audio/video servers.

Using the service for unauthorized relays through any third party systems.

Attempting, in any way, to interfere with or deny service to any user or any host on the internet.

Performing a chargeback or a dispute on any transactions past or present will result in account suspension until resolved. If such is issued, we reserve the right to suspend, and/or remove your account and deny any future business.

Using the service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.

Using the Service to add or attempt to add addresses to any mailing list (yours or a third party's) without the explicit positive consent of the addressee(s).

Attempting to cancel, supersede, or otherwise interfere with email other than your own.

Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.

Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.

Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.

No credit will be given for any period of suspension. In the event of termination of your use of the service under this section, MechanicWeb may at its sole discretion retain any or all amounts you have paid for use of the service as liquidated damages for your actions.

Security - You agree not to access or attempt to access private areas of the service. You agree to notify MechanicWeb as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the service.

Intellectual Property - MechanicWeb does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the service. Complaints regarding alleged copyright infringement can be sent to abuse department using the contact information available on mechanicweb.com

Continuing a specific identification of the allegedly infringing material and the location(s) on MechanicWeb facilities where the materials are to be found. Upon receipt of such written notice, MechanicWeb will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If MechanicWeb receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, MechanicWeb will send the subscriber a copy of that notification. Unless the subscriber notifies MechanicWeb of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or otherwise made accessible again.

Liability - You agree that the use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by MechanicWeb, neither MechanicWeb nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the service. MechanicWeb neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that MechanicWeb is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the internet, including but not limited to postings to web sites, whether residing on MechanicWeb equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless MechanicWeb and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.

You agree that, should you use the service to send or receive voice communications, MechanicWeb is not acting as a telecommunications carrier or telephone, that there is no representation made by MechanicWeb as to the suitability of the service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that MechanicWeb has no liability of any sort for the failure or lack of quality of such use of the service.

You agree to be liable for any damages or loss of service which results in damages to MechanicWeb as a result of any spamming or other violations of this TOS. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that MechanicWeb may pursue any such claims against you in court.

You agree that in no event will MechanicWeb have financial liability to you.

Warranty - MechanicWeb makes no express or implied warranties, including warranties of title, non-infringement, and warranties of merchantability or fitness for a particular purpose, regarding the service, or any software or other material available through the service, regardless of what you may have told MechanicWeb about your intended use of the service. No oral advice or information given by MechanicWeb or its employees shall create a warranty or otherwise alter the provisions of this section.

The service and any software provided to you by MechanicWeb are provided on an "as is, as available" basis; MechanicWeb does not warrant that they will be error-free and/or uninterrupted, or that defects will be corrected. MechanicWeb does not guarantee the security or back-up of any of your data which may be stored on the service.

Resource Usage

User may not:

Use 80% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

Run any software that interfaces with an IRC (Internet Relay Chat) network.

Run any bit torrent application, tracker, or client.

Participate in any file-sharing/peer-to-peer activities

Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.

Run cron entries with intervals of less than 15 minutes

You may create your own backup of your account from your control panel however these may only be stored for up to 7 days. Please download archives to a local source and remove them from your account.

Content

You understand and agree that information and access available through the service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. MechanicWeb has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.

Privacy

MechanicWeb will not provide names, addresses, telephone numbers, email addresses, or other personally identifiable information on any subscriber to any third party without prior permission from that subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the service. MechanicWeb may provide aggregate data on subscribers to third parties in the operation of MechanicWeb business.

Disputes

You agree that any dispute between you and MechanicWeb arising out of your use of the service on in any way based upon your subscription to and/or use of the service which cannot be resolved between you and MechanicWeb will be submitted by the aggrieved party for binding arbitration under the auspices of the respective law.

Cancellation Procedure

Cancellation requests must be submitted through the client area or via authorized email.

Choosing an immediate cancellation means your service will be terminated with 24 hours of submitting the form.

It is your responsibility to ensure any PayPal subscriptions you have setup are cancelled.

No other forms of cancellation are accepted.

Cancellations must be submitted before the invoice for that billing cycle is due. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices.

Resellers

Resellers may use their website for personal use or to sell to their own clients. Resellers cannot host free accounts under any circumstances.

Discount Vouchers

Only one voucher can be used per transaction.

If the order value is lower than the value of the voucher, the remaining amount is lost.

Discount vouchers are restricted to one per customer.

Amendments

These Terms and Policies may be amended in any respect at any time by MechanicWeb upon the posting of the amended Terms and Policies on mechanicweb.com website. Your continued use of the service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of the Service to MechanicWeb.