Terms of Service (TOS)

The Web Hosting General Terms of Service Agreement ("Agreement") governs the terms of use of the web hosting service ("Service") described on this website ("http://www.mission-web-hosting.com") and for use by Customers ("Customer") offered by Mission Web Hosting (“Mission Web” or "Provider"). The Agreement is made between Customer and Provider whenever Service is requested or ordered by Customer. The Agreement is maintained independently of any other agreement between Provider and Customer, even if Provider and Customer are engaged in other Service Agreements or arrangements such as professional services, software development, or web development.

Mission Web reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy (AUP) and this document, Terms of Services (TOS).

Fees

Fees and Expenses: Customer will pay all fees due according to the prices and terms listed in the Order Form(s) and all other fees incurred by Customer.

Setup fee: Customer agrees to pay in full the amount of any non-reocurring one-time setup fees listed in the Service description prior to the account being setup.

Recurring fee: Customer agrees to pay any recurring fees listed in the Service description, one term in advance each anniversary date.

All other charges for Services received and expenses incurred for Supplemental or Professional Services during a month (e.g., bandwidth usage fees) will either be billed immediately or at the end of the month in which the Services were provided.

All payments will be made in USD. Notwithstanding anything to the contrary in this Agreement, Mission Web expressly reserves the right to alter, change or amend its billing practices in its sole discretion, including, but not limited to, the date on which such billing will occur and the types of charges that will be included in such bills.

Network Transfer overage fee: You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Suspensions and Termination: Any payment not received within seven (7) days of the invoice date of the Initial Bill, Mission Web reserves the right to suspend the account or terminate service without any notice.

Account Cancellation: Account cancellations must be made at least 5 days in advance via e-mail with all customer details (i.e. full name, billing , transaction # & account #). Any missing information may delay the cancellation of your account. Mission Web will not be responsible for additional charges made if missing data is found.

Money Back Guarantee: The Mission Web Hosting money back guarantee is only applicable to those products and services that are specified with this offer. Any other products or services with no specification in money back guarantee are not entitling to any money back or refund. Under the money back guarantee, only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. Mission Web Hosting reserved the right to determine the definition of first-time account.

A list of services that qualify for the money back guarantee program are:

* Web hosting purchased on website - 30 Day Money Back Guarantee.

* Account cancellations must be made at least 5 days in advance via e-mail with all customer details (i.e. full name, billing , transaction # & account #).

* Money Back Guarantee program does not apply to items or services including, but not limited to, Domain Transactions, SSL Certificates, Personal Security Certificates, and/or Flash Communication Services.

* Accounts cancelled/terminated by Mission Web for violation of the Acceptable Usage Policy will not qualify for the money back guarantee. Example; if your service is cancelled due to a spamming violation, you will not qualify for the money back guarantee refund.

* Please allow 7 days for refunds made by credit card.

* Please allow 4-6 weeks for refunds made by check or money order payments.

Billing Disputes: All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Mission Web sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Mission Web an "Administrative Fee" of not less than $50 and not more than $200.

Term: This Agreement shall be effective as long as Customer or Customer's contacts continue to use Provider's Service. Customer shall pay any applicable federal, state or local use, franchise, excise, sales or privilege taxes, duties, fees or similar liabilities chargeable to or against Provider resulting from the services furnished by Provider.

Other

Compliance with Law: Customer will use the Services offered by Provider in a manner consistent with all applicable local, state and federal laws and regulations.

Common Carrier: Provider and Customer agree that Provider is solely acting as a common carrier in its capacity of providing services hereunder, and is not a publisher of any material or information, and has no right to edit or censor the material at the Servers in use by the Customer. Provider is not responsible nor pre-approves any of Customer’s website content. All material submitted by Customer for publication will be considered publicly accessible. Provider does not screen in advance Customer's material submitted to Provider for publication. Provider's publication of material submitted by Customer does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.

Resource Usage: User may not:

• Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
• 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 type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
• Participate in any file-sharing/peer-to-peer activities
• Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
• Run cron entries with intervals of less than 15 minutes

Availability of service: Customer understands and agrees that interruptions of Web Hosting Services may occur due to scheduled maintenance and repair by Provider, or by strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other causes beyond Provider's control, as defined by standard practices in the industry. Customer agrees that under no circumstances will Provider be held liable for any financial or other damages due to such interruptions. In no event shall Provider be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this Agreement.

Force Majeure: Provider shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.

Liability of Customer: Any mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission or Service which are caused or contributed to, directly or indirectly, by an act or omission of the Customer or by the use of Customer-provided facilities or equipment, or by the use of facilities or equipment furnished by any other person using Customer's facilities which are connected to Provider’s facilities, shall not result in the imposition of any liability upon Provider and Customer shall pay to Provider any reasonable costs, expenses, damages, fees or penalties incurred by Provider as a result thereof, including costs of local exchange company, labor and materials.

Nondisclosure: Provider and Customer shall use their best efforts to keep the provisions (including price) of the Agreement from the public, competitors, or others who may gain benefit from such knowledge unless required by law to divulge such information to regulatory authorities or unless required in connection with enforcing that party's rights hereunder.

Relationship of the Parties: The parties intend that an independent contractor relationship will be created by this Agreement, and that no additional partnership, joint venture or employee/employer relationship is intended – unless otherwise specific in a special agreement.

Taxes: If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Customer under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Customer, and Customer shall promptly pay such cost.

Waiver: Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.

Attorneys' Fees: If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.

Data Back-up: Customer is responsible for independent backup of data stored on Provider's servers; unless the Customer’s Web Hosting Service Order includes backup services in which case data backup will be performed under the terms of the specific data backup plan chosen by Customer.

Downtime: Downtime is defined as any Mission Web scheduled or unscheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail or forums with a minimum of 24 hours notice.

Domain Names: Domains purchased through Mission Web are bound to the following guidelines.

1) Domains offered at discount rates (promotions), are not released to the customer for 30 days.

2) If a client purchases a YEARLY account (Sortie package) with domain, the domain will be released to the customer after 30 days.

3) Domains offered at normal general rates will remain the full owner and controlling entity for the Customer's established domain name. There are NO REFUNDS for domains!

4) Any and all Domain transactions are excluded from the 30 Day Money Back Guarantee. There are NO REFUNDS for ANY domain transaction!

Abuse towards Staff or Users: Abuse Towards staff or users will not be tolerated. If you use foul language, threaten us, or anything we may find offensive, we may suspend your account, or if we decide it needs to be delete it and offer no refund.

Support Boundaries: Mission Web provides technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Mission Web provides support related to your service.

- Mission Web does not offer tech support for application specific issues such as cgi, programming, html, mysql or any other such issue.

- Mission Web does not provide technical support for your customers or your users.

Please use the support desk when you need assistance. If you are able to get online and have other questions, the answers may be on our home page at - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting Tech Support.

INDEMNIFICATON: Mission Web wishes to emphasize that in agreeing to the Mission Web Acceptable Use Policy (AUP) and Terms of Service (ToS), you as a customer agree to protect, defend, hold harmless, and indemnify Mission Web, any third party entity related to Mission Web (including, without limitation, third party vendors), and Mission Web's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Mission Web, from and against any and all liabilities, losses, costs, judgments, damages, claims, obligations, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Mission Web's services.

Provider agrees to defend, indemnify and hold Customer harmless from and against any and all claims, losses, liabilities and expenses (including reasonable attorneys' fees and costs ) incurred by Customer arising from or due to claims made by third parties (including customers of Customer) relating to:

(a) Claims alleging Provider’s infringement of the proprietary rights of third parties; or

(b) Provider’s contractual relationship with any third party providers of services or products to Provider in connection with the services and products provided under this Agreement.

The preceding sentence excludes any third party claims due to the negligence of Customer in connection with the transactions contemplated by this Agreement.

DISCLAIMER OF WARRANTIES: PROVIDER'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CUSTOMER TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL MISSION WEB (INCLUDING, WITHOUT LIMITATION, MISSION WEB'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS MISSION WEB, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING MISSION WEB'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICES, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE SINCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR MISSION WEB SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY MISSION WEB SERVICES EVEN IF MISSION WEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MISSION WEB'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR MISSION WEB'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY MISSION WEB OR MISSION WEB’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

MODIFICATIONS: Mission Web reserves the right to revise, amend, or modify this document (TOS), our AUP and/or our other policies and agreements at any time without notice.

Mission Web may discontinue, upgrade, replace, modify, or change in any way, without limitation or notification to customers, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Mission Web's services. Certain changes to Mission Web's services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and Mission Web is not liable, for any and all such personalized applications and content, except as expressly agreed to by Mission Web.