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Last Updated: August 23, 2023
These Terms of Service set forth the terms and conditions (collectively, the "TOS") governing access to and the use of the products, services, and website (www.mechanicweb.com) to which the TOS is linked (collectively, the "Websites" or "Website") operated by MechanicWeb ("MechanicWeb", "us", "we", or "our"), by a Website visitor, user and/or the party outlined in the related MechanicWeb order form ("Customer", "User", "Subscriber", or "You"), together with any subsequent order forms submitted by Customer to MechanicWeb, (collectively, the "Order") and applies to Customer's use and/or purchase(s) of products and services ordered by Customer (each a "Service" and collectively, the "Services").
The following definitions are used in this TOS. Unless otherwise defined herein, all capitalized terms used in this TOS will have the meanings given in the Agreement (as defined below):
The term "Website" includes, and is not limited to, any webpages, subdomains of the Website, and any content, code, data, Services, products, features, or functionality made available from or through the Website or Services. MechanicWeb and Customer may be individually referred to as a "Party" or collectively, the "Parties".
All orders are delivered electronically via email.
Domain and hosting services will be delivered immediately or by their delivery time mentioned in Service description and/or on our website upon successful payment, subject to fraud check and subsequent manual review. You will receive an automated receipt from our systems. Please print and retain a copy in a safe place for future reference.
Your unique customer username will be on this receipt and should be used for all inquiries to us.
Services provided under signed agreement(s) will be delivered in accordance with the agreement between you and us.
We aim to deliver all Services as per their delivery times. If we cannot adhere to the delivery times, you will be informed via email, telephone, or both.
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.
If the Service drops below 99.9% uptime in any given month, you will be reimbursed with service credits as per our Uptime SLA. This must be claimed within the first 7 days of the following month.
Uptime is calculated by our monitors and status pages only.
Planned maintenance is exempt from this SLA and will be ignored.
Outages due to issues beyond our control, including but not limited to DDoS attacks, upstream network outages, internet backbone congestion, facility power failures, natural disasters, and acts of God, are exempt from this SLA.
We reserve the right to deny a claim if an abuse was committed.
Customers in arrears, grace periods, or in violation of our TOS may not qualify for the SLA.
Refund Policy can be found here.
Cancellation requests must be submitted through the client area. No other forms of cancellation are accepted.
Choosing an immediate cancellation will cause the Services to be terminated within 24 hours of submitting the form.
It is your responsibility to ensure any PayPal or Credit Card subscriptions you have set up are cancelled.
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.
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 the 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.
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. MechanicWeb may allow exceptions at its sole discretion.
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.
The affiliate system may not be used to get a commission, credit, or discount on packages ordered by 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.
Resellers may use their website for personal use or to sell to their own clients. Resellers cannot host free accounts under any circumstances.
MechanicWeb will not contact clients of Resellers with offers or promotions regarding MechanicWeb's Services.
The registration and use of a domain name is subject to the terms and conditions applied by the relevant naming authority, including, but not limited to, ICANN in the case of .COM/NET/ORG. You shall ensure you are aware of those terms and conditions and comply with them. You shall have no right to bring any claim against us in respect of refusal to register, renew, or transfer 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.
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 participate in any such dispute.
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, renewal, or transfer of your requested domain name(s) until you have been notified that it has been registered, renewed, or transferred.
You are responsible for unlocking the domain and obtaining a correct EPP code or assigning a correct IPS Tag to transfer a domain (whether inbound or outbound). We shall not release any domain to another provider unless we have received full payment for that domain.
We shall not be liable for any loss or damages that may arise in respect of the use of any domain name by you or as a result of a dispute, domain not being registered, renewed, or transferred, including the loss of a domain.
A free domain name will be registered for you with any Service offering such for any period of time. The free domain name must be ordered within the first 7 days of ordering any such Service.
The free domain can be transferred away after a minimum of 3 months. The domain may not be transferred to another Customer during this time.
If you cancel the Service within the the first 3 months, we reserve the right to cancel or resell your domain.
Only one domain will be registered free of charge per Customer.
We may change the prices of any of our Services at our sole discretion upon providing advance notice of at least 30 days to the Customer. Domain prices may occasionally fluctuate to reflect current market prices, and updated prices will be published on the Websites. If we incur any charges through misuse, overuse, or abuse on your part, we reserve the right to pass these charges on to you.
MechanicWeb carries out backups of applicable Services, as mentioned in Service description and/or on the Website, at timely intervals strictly for administrative purposes, including, but not limited to, use in the event of a server failure or disaster recovery. You can log in to the backup server or contact the support department to restore files when available. However, this is not a replacement for keeping your own backups.
You bear the sole responsibility for keeping your own backups of all data hosted on our servers. MechanicWeb makes no guarantee that the backups will be available at all times, including, but not limited to, due to software issues, data corruption, or hardware issues.
MechanicWeb creates backups of applicable Services hosted on servers in Europe and stores the backups on remote backup servers in Europe. However, MechanicWeb reserves the right to encrypt and store the backups and/or their copies on remote servers outside Europe, in the United States, and anywhere else globally at its sole discretion. If you are a resident of the European Union, your acceptance of this TOS constitutes your explicit permission for us to store and process your data abroad.
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 in this TOS 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 Services 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 content that could be considered adult in nature on any package is not allowed. Legal adult content (without pornography) can be allowed on dedicated servers only upon prior approval from MechanicWeb. However, it cannot be the main focus of your website.
Hosting anything related to crypto nodes, farming, or mining services for cryptocurrencies are not allowed except on custom dedicated servers and after prior approval from MechanicWeb.
Using the Services in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk email ("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 the Services 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.
Using the Services 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.
Using the Services for unauthorized relays through any third party systems.
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.
Using the Services 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.
Attempting, in any way, to interfere with or deny service to any user or any host on the internet.
Uploading, linking to or storing warez, cracks or other pirated software.
Assisting in or directly distributing copyrighted material.
Running any bit torrent application, tracker, client, or operating, including, but not limited to, IRC servers, game servers, streaming audio/video servers, or any software that interfaces with an IRC (Internet Relay Chat) network.
Using your hosting as a file or image hosting service or participating in file sharing/peer-to-peer activities.
Using your account as a storage and/or backup space for files/archives. All files must be part of your website and must be linked to from your account. Regular backups of databases, websites, etc, are permitted within reason. Dedicated Servers are exempt from this.
Excessively using the Services in such a way as to limit the bandwidth available to others.
Impersonating any person or entity.
Providing fake or incomplete contact details, including name, postal address and telephone number.
Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
Performing a chargeback or a dispute on any transactions past or present will result in account suspension, and access to your account will be blocked until resolved. If such is issued, we reserve the right to suspend, and/or terminate, and deny any future business.
Security - You agree not to access or attempt to access private areas of the Services. 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 Services.
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 Services. 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.
The following restrictions apply to your use of the Services:
You may not:
Use 60% or more system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. MechanicWeb reserves the right to suspend/terminate any Service for resource abuse at its discretion.
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 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 the backups and remove them from your account.
You may not burst CPU usage up to 100% for longer than 10 minutes.
You may not consistently max out one full core or more, impacting the performance of other servers sharing the same node.
CPU cores and disk I/O are shared among multiple VPS on the same host node. Load may be generated by CPU usage and/or disk I/O. Excessive usage (as defined by MechanicWeb at its sole discretion) may result in corrective actions, including, but not limited to, assessment of additional charges, reboot, shutdown, suspension, and/or termination of the VPS.
Dedicated CPU: You may use 100% of the allocated CPU indefinitely.
Semi Dedicated CPU: You may not burst CPU usage up to 100% for longer than 10 minutes or exceed 50% of average CPU usage.
Load may be generated by CPU usage and/or disk I/O. Excessive usage (as defined by MechanicWeb at its sole discretion) may result in corrective actions, including, but not limited to, assessment of additional charges, reboot, shutdown, suspension, and/or termination of the server.
If you are an individual subscriber, this TOS applies to all persons who gain access through your account. If you are a commercial subscriber, this TOS applies to all your employees, agents and/or customers. In either instance, a violation of this TOS by anyone using your account will be treated as a violation by you.
The Services may only be used for lawful purposes. You understand and agree that information and access available through the Services 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.
You shall indemnify us and keep us indemnified and hold us harmless, without penalty, from and against any breach by you of this TOS 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 this TOS 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.
We reserve the right to terminate the Services at our sole discretion upon issuing an advance notice of at least 30 days to the Customer.
The Services are provided to you for as long as you wish to use them. However we withhold the right to terminate the Services at any time if you use it in a way that violates the TOS.
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 any 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.
Except for information or Services clearly identified as being supplied by MechanicWeb, neither MechanicWeb nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Services. 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 agree that, should you use the Services 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 Services 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 Services.
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 acknowledge and agree that you have sole responsibility to ensure any posting or publishing of any information or material(s) using the Services, including but not limited to material(s) posted by third parties, comply with this TOS and relevant laws.
No credit will be given for any period of suspension. In the event of termination of the Services, MechanicWeb may at its sole discretion retain any or all amounts you have paid for use of the Services as liquidated damages for your actions.
You agree to indemnify and hold MechanicWeb and its employees, customers, and subscribers harmless from and against any claims, losses, costs, liability, damages, or expenses arising out of your use of the Services.
You agree that in no event MechanicWeb shall have financial liability to you.
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 Services, or any software or other material available through the Services, regardless of what you may have told MechanicWeb about your intended use of the Services. No oral advice or information given by MechanicWeb or its employees shall create a warranty or otherwise alter the provisions of this section.
The Services 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 Services.
You agree that any dispute between you and MechanicWeb arising out of your use of the Services on in any way based upon your subscription to and/or use of the Services 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.
The Website and Agreements may be modified or amended in any respect at any time by MechanicWeb upon the posting to the Website. Any such modifications shall be effective immediately. A User's continued access and/or use of the Website or Services will be deemed acceptance to any such amended Website or Agreements. If you do not wish to continue to use the Services as a result of any such amendments, you may, without penalty, provide notice of your wish to terminate your Services to MechanicWeb.