MPS Web Hosting Terms of Use Agreement

MPS Terms of Service

MPS has certain ethical, legal and moral responsibilities consisting with the use of its VPS servers and equipment involved in the services of VPS hosting and marketing. We reserve the right to suspend, deny or cancel a subscriber's access to any or all services whenever we decide the services it has rendered have been inappropriately used. Use of our services constitutes acceptance and agreement to our policies.

Share Hosting, VPS Servers and Network Content/Use Provisions

All services provided by MPS and its underlying service providers may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material protected by trade secret and other statutes, material that would cause harm to minors, threats and harassment, forgery, fraud, unfriendly network disruptions, and distribution of viruses. The subscriber agrees to indemnify and hold harmless MPS from any claims resulting from the use of the service which damages the subscriber or any other party. The subscriber also agrees that MPS may disclose, without subscribers consent, any and all information related to the subscriber and their service with MPS to any law enforcement agent who makes a written request.

MPS is not responsible for any material input by anyone other then MPS and/or posted to the MPS network by anyone other then MPS. This includes the content and links on websites hosted by MPS. MPS disclaims any liability and responsibility relating to inappropriate use or inappropriate content of anything hosted by MPS that MPS did not solely create and post to the MPS network.

Spamming

MPS prohibits its users from sending unsolicited e-mail messages ("spamming"), including, but not limited to:
* Posting the same, or similar, messages to one or more Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists
* Posting any Usenet or other newsgroup, forum, e-mail mailing list or other similar group, or list articles which are off-topic or otherwise violate the rules of the charter or other owner-published FAQ or description of the group or list
* Sending unsolicited e-mail, including commercial advertisements and informational announcements to Internet users, or any unsolicited e-mail that could reasonably be expected to provoke complaints
* Using e-mail to engage in harassment, whether through language, frequency or messages. Continuing to send someone e-mail after being asked to stop is considered harassment
* Sending e-mail with falsified or obscured header or information designed to hinder the identification of the location of what is advertised
* Collecting replies to either (i) unsolicited e-mail messages or (ii) messages that were either sent through another provider which violate these rules or those of the other provider. MPS allows only COI (Closed-Loop Opt-In) mailing lists. Users who send bulk e-mail to "opt-in" list must have a method of confirming or verifying subscriptions and be able to show evidence of subscriptions for users who complain about unsolicited e-mail. The Company's receipt of complaints from Internet users related to e-mails received due to users use of "opt in" list shall be a violation of this AUP.

Any user that gets any of MPS's IP Addresses listed on any legitimate Spam Block or Black hole list such as but not limited to SpamCop or Spamhaus will be billed a $100 charge to subscribers account and additionally a $100 per hour administrative charge to remove the block and protect our IP Address ranges and mail servers.

Pornography

Pornography is prohibited on any MPS VPS servers. MPS will be the sole arbiter as to what constitutes a violation of this provision but in general if its legal for all ages to see, its ok, if you have to be 18 or 21 to view, then its not ok. MPS also reserves the right not to host sites that it considers, in its sole discretion, to be religiously or racially offensive or inflammatory. MPS will not host warez sites or anything related to, promoting, or offering warez, serial numbers, cracks, illegal mp3's or anything else that would considered illegal by the laws governing the citizens of the United States and the state of Arizona and the city of Phoenix, Arizona.

With the few exceptions listed above and below, we support the uncensored flow of information and ideas over the internet. We do not actively monitor the information that our subscribers transmit and receive, however, we do react immediately to any alleged violations of any of our policies in which case we reserve the right to monitor anything on our network and any packet of information that traverses our network.

Bandwidth

Subscriber agrees to pay for all bandwidth they use that is above the amount included in their package, at the current rate which is listed on the MPS website. Subscriber may elect to have their bandwidth capped at any amount at their choice, or they may elect to have no cap and simply pay for the additional bandwidth used above what is included in subscribers package.
IP Addresses

IP Addresses: All IP Addresses that are assigned to MPS's subscribers must be used under the authorized use stipulations within 24hours of being assigned the IP. Authorized use stipulations are taken from ARIN, the organization that manages IP Addresses in the United States. There are to be no unused IP Addresses on MPS's networks, except those in reserve for MPS to assign its subscribers on an as needed basis. Subscribers are only allocated IP Addresses that they will use within 24 hours. Subscribers are not allowed to keep IP Addresses in reserve. IP Addresses are assigned by opening a support ticket and requesting an additional IP Address.

Server Abuse

Any attempts to undermine or cause harm to MPS servers or the servers of its underlying service providers or a subscriber of MPS or its underlying service providers is strictly prohibited.
Network Security

Subscribers are prohibited from violating or attempting to violate the security of the MPS network or any of its other subscribers, and should a violation take place, civil or criminal liability may result. MPS will investigate any alleged violations and cooperate fully with law enforcement. Violations include but are not limited to the attempt to login to any machine which the subscriber is not exclusively paying for, interfering with any service by DDOS attacking, mail bombing or anything else that would be detrimental to the services that MPS provides, attempting to probe or scan or test the vulnerability of any machine on the MPS network, forging any IP Addresses, and taking any action in an attempt to receive services that the subscriber is not paying for. A violation of any of the above may result in immediate removal from the network.

Terms of Service (TOS)

You have the right to refuse service and cancel your accounts at anytime. MPS reserves the right not to accept accounts for hosting for any reason it deems appropriate. We also reserve the right to cancel an account at anytime, for any reason, other than those stated specifically in this policy statement, with 10 days notice. Accounts that violate any of the policies specifically stated herein, including late payment or non-payment of fees owed, may be canceled with no notice.

Communication

Our primary means of communications with clients, including for billing purposes and technical support is by e-mail. You must supply us with your current e-mail address so that we may contact you at any time. We cannot be held responsible for not notifying you of account cancellation if you do not supply us with your correct and current e-mail address. You should check your e-mail regularly to make sure you do not miss an important notice.

Technical Support

Technical Support is available from our website. Priority is given to the ticketing system in all cases. All technical support is free and not limited in anyway. Technical Support covers connecting to the VPS server, setup, e-mail, path, uploading files issues and more but does dot included troubleshooting and editing your Perl, PHP, ASP, or other scripts or databases.

Deactivation

If any of these terms or conditions are not followed it will result in grounds for account deactivation. We reserve the right to remove any account without notice if any of the terms or conditions stated herein are violated. If such an occurrence takes place, the fees for that month's service will not be refunded to the subscriber. Fees for the entire month are due if the account is active for any amount of time, even just one day during that month. If we deem it necessary to cancel an account for any reason other than those specifically stated in this document, we will give you a 10 day notice of cancellation by e-mail.
MPS reserves the right to make any changes to its policies and VPS plans, pricing, bandwidth providers, IP Addresses, and features offered at any time as necessary and in no way implies fitness of purpose warranties. MPS reserves the right to refuse service to anyone. MPS reserves the right to determine what violates any of MPS's policies.

Payment Policies

All charges are in U.S. Dollars. All order forms are done via encrypted SSL on the MPS website. All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. The subscriber is responsible for all money owed on the account from the time it was established to the time that the subscriber notifies MPS in writing for a request for termination of services. All payment is in U.S. currency and must be prepaid with Visa, Master Card, American Express, Discover, Check, or PayPal. Absolutely no wire transfers, cashier's checks, or money orders.

There is a $25.00 late fee for all payments that are not on time. This includes all credit card payments that do not go through as of the due date of the monthly payment because of the card being declined, expired, no longer good, or any other problem. It is the subscribers responsibility to let MPS know of any changes in their credit card information including expiration dates. The subscriber authorizes MPS to use whatever means necessary to effect payment for overdue accounts or cancellation fees, if any. This includes making the charge to the subscribers credit card, even if the subscriber does not usually pay by credit card. If a subscriber is late 3 times consecutively, the late fee will be $75.00 and will increment by $25.00 for each consecutive month that the subscriber is late thereafter, indefinitely.

For subscribers who pay by credit card, once a service is 10 days overdue for payment, service will be interrupted if prior arrangements with MPS have not been made. For subscribers who pay by PayPal, once a service is 3 days overdue for payment, service will be interrupted if prior arrangements with MPS have not been made. If subscribers service has been disconnected for lack of payment as per our payment policies and subscriber wishes to reconnect service, there will be a $50.00 reconnect fee. MPS reserves the right to turn over any debts owed to MPS to a collection agency or to attorneys in that order.

Refunds and Disputes

All payments to MPS are non-refundable and non pro-rateable. This includes the setup-fees and all subsequent monthly recurring charges and any one time fees. If you dispute a charge made to your credit card by MPS and it is found that the charge was valid, you agree to pay MPS a $100.00 administration fee.

Transfer of Service
Subscribers shall not transfer ownership of their service with MPS to any other person or entity without prior written consent from MPS. If MPS agrees to allow the transfer of service, the new subscriber must agree to the MPS TOS and AUP.

Hacked VPS Policy

When a VPS gets hacked, any recent backups that have been made will very likely contain the hack. It is generally not known when a hack was made to the server, and therefore any nightly or weekly backups will likely contain the hack. For this reason MPS does not generally permit subscribers to restore data from backups once a server has been known to be hacked. It is neither in the best interest of the client, nor MPS and the network to use the suspect data. If the data from the backup is needed, the standard procedure is for the subscriber to purchase the old hard drive and have it shipped to the subscriber. If for some reason any of the backed up data is allowed to be used, and the server is hacked again (within one week of the data being used), the subscriber will be billed hourly for all work to redo the server again. If the subscribers server has initiated a DDOS attack on the MPS network, and the subscriber uses any of the backed up data after the server has been restored, and the subscribers server initiates another ddos attack within one weeks time, the subscriber agrees to pay an immediate $500.00 fine in addition to all hourly fees associated with restoring the network and all of the credits that MPS might have to pay its subscribers in order to meet its SLA. This is generally not a risk that a subscriber will want to take.

Service Rates

Subscriber acknowledges that the initial costs and specifications of the service that the subscriber is subscribing to have been disclosed to the subscriber. MPS reserves the right to change pricing and specifications of its service at any time due to market fluctuations, cost to provide service, changes in cost of hardware etc. When changes are made to pricing or specifications of the service MPS is providing that result in lower pricing or in better specifications, MPS will make every effort to pass those changes on to the subscriber, however, in some circumstances additional fees will apply. When changes are made to pricing or specifications of the service MPS is providing that result in higher pricing or in lower specifications, MPS will make every effort NOT to pass those changes on to the subscriber. MPS is not obligated to change the rates and specifications of subscribers existing service for any reason at any time, and it will be at the sole discretion of MPS and based on financial evaluations of what is required to keep MPS a profitable operating company, able to provide the highest quality services to the subscribers.

Cancellation Initiated by Subscriber

Subscribers must notify MPS in writing via e-mail or a support ticket when they wish to cancel their accounts and must include in that e-mail or ticket the date they wish to cancel. Cancellation must be initiated at least 2 days before the cancellation date and this must be at least 2 days prior to the client's next invoice date or the client will be billed for the next month. Subscriber is responsible for and must pay in full all fees which may have accrued including any monthly recurring fees and third party software fees. MPS will not pro-rate any charges. Notification to MPS of the transfer of the subscribers domain name from internic or associated organization to another hosting provider does not constitute a cancellation as these are often forged without the subscribers knowledge.

Length of Service

All Share Hosting and VPS packages are month to month billing with the minimum being 1 month. MPS does not pro-rate monthly billing fees. MPS does not require any long-term contracts for any of its services.

Service Level Agreement

MPS guarantees 99.9% network uptime as a general rule excluding scheduled maintenance and internet wide vulnerabilities (things like linux slapper, sql sapphire and others that have taken large parts of the internet down due to thing far beyond the control of MPS). Some clients may have different uptime agreements based on their packages. In the event the network uptime guarantee is not met MPS will refund up to 5% of the clients monthly package amount for every 2 hours of downtime after the guarantee is not met, up to and not to exceed the full monthly amount. Network is considered unreachable if there is 100% packet lost between MPS and its backbone providers. MPS cannot provide any guarantees beyond its backbone providers. Downtime is measured starting 10 minutes past notification of network failure, or by calling MPS in the event that our website is not reachable. End of the downtime is when there is no longer 100% packet loss between MPS and its backbone providers. Customers are responsible to notifying MPS within 7 days of the incident if the customer believes they are entitled to a claim.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of MPS. Subscriber further acknowledges that the company's liability for its own negligence may not in any event ever exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Indemnification

Subscriber agrees that it shall defend, indemnify, save and hold MPS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against MPS, its agents, its subscribers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by subscriber, it's agents, employees or assigns. Subscriber agrees to defend, indemnify and hold harmless MPS against liabilities arising out of:
* Any injury to person or property caused by any products sold or otherwise distributed in connection with MPS's server
* Any material supplied by subscriber infringing or allegedly infringing on the proprietary rights of a third party
* Copyright infringement
* Any defective products sold to subscriber from MPS's servers

This means if MPS is sued because of a subscriber or a subscriber of a MPS subscriber's activity, the subscriber will pay for any and all damages and associated court costs and attorneys fees that MPS incurs. The failure of MPS or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

Disclaimer

MPS will not be responsible for any damages your business may suffer. MPS makes no warranties of any kind, expressed or implied for any service we provide. MPS disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, lack of customer backups, lack of data integrity and any and all service interruptions caused by MPS and its employees. Subscribers acknowledge that the service that is provided can be interrupted for reasons other then the negligence of MPS. Subscribers agree that MPS cannot be held liable for any damages arising from any disruption of service that is outside the direct and exclusive control of MPS. Subscribers also acknowledge that the absolute limit of any liability for anything for any reason to any subscriber at all can never exceed an amount equivalent to the charges payable by the subscriber to MPS during the period in which damages are alleged to have occurred. MPS reserves the right to revise its policies at any time but reserves the right to not send notify subscribers of the change. Subscribers must adhere to the policies and changes as they are made. Subscribers agree that continuance of business and/or lack of any response regarding policy changes will constitute agreement and adherence to MPS's revised policies by subscriber.

Firewalls & Network Security

The security procedures applied to your server are often intended to restrict access to or usability of certain system functions, which are commonly used to compromise servers. These procedures may alter the way the server behaves in certain instances. MPS has made every effort to ensure that its security procedures provide the maximum level of security while minimizing the impact to server usability however MPS accepts no responsibility for any complications associated with our security procedures.

Liability

MPS accepts no responsibility for the continued security of your server. By accepting the terms of this agreement you acknowledge that you understand that no server is ever immune to being compromised and furthermore agree that MPS will not be held responsible for data-loss, financial damages, server down-time or any other ramification resulting from your server being compromised or abused. All subscribers are required to make backups of their own VPS servers.

Dispute Resolution and Governing Law

This agreement shall be governed by and construed in accordance with the laws of the City of Phoenix, Arizona, and to the extent such courts have jurisdiction, by the State of Arizona or the United States District Courts located in Arizona. The parties hereby agree that the appropriate forum for any disputes arising out of this Agreement or the transactions contemplated hereby shall be the city court of Phoenix, Arizona, the state courts of the State of Arizona, and the United States District Courts located in Arizona, and the parties hereby irrevocably consent to the exclusive and personal jurisdiction of such courts.

Guarantee of Future Service

In the event that MPS is unable to act as hosting provider, the responsibilities of maintaining the hosting account will automatically transfer to DataKey Networks, LLC, who is the current ISP for MPS.   In the event that this happens, DataKey Networks, LLCwill become the service provider and will be managed by Adam Miller.  Adam can be contacted at This e-mail address is being protected from spambots. You need JavaScript enabled to view it to make arrangements for payments and other support related concerns.  Service will not be interrupted, and you will not be responsible for payment in the event that there is a delay in setting up new billing.  We do not foresee this happening, but as a failsafe our ISP is aware of this arrangement and has agreed to provide services for MPS's clients.