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Términos y Condiciones
Masterprohosting - Acceptable Usage Policy (AUP)

Masterprohosting is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.
Failure to follow any term or condition will be grounds for immediate account deactivation without notice. Masterprohosting will be the sole arbiter as to what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies, please contact abuse@masterprohosting.com .


Illegal Usage

Masterprohosting servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to Masterprohosting service agrees to indemnify and hold harmless Masterprohosting from any claims resulting from the use of the service that damages the subscriber or any other party.

Masterprohosting will be the sole arbiter as to what constitutes a violation of this provision.


Adult Content

Legal Adult Content is allowed


Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.


Server Resource

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra for a dedicated server / semi-dedicated server (which depends on the resource needed) or reducing the resource used to an acceptable level. Masterprohosting shall be the sole arbiter of what is considered to be a high server usage level.


Chat Rooms

Masterprohosting does not provide nor allow chat room's On shared hosting enviroments. You may elect for a Dedicated Server to Run a chat room efficiently.


Background Running Programs

Masterprohosting does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.


IRC

Masterprohosting does not allow IRC or IRC bots to be operated on our servers.


Backups

Masterprohosting performs daily backups on all servers to ensure critical files are never lost. However Masterprohosting is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for
Redundancy.


Client Responsibility

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of Masterprohosting's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Masterprohosting to provide this knowledge or support outside matter specific to Masterprohosting servers.


UCE (Unsolicited Commerce Email) – SPAM

Spamming, or the sending of mass unsolicited email, from or through a Masterprohosting server or using an email address that is maintained on a Masterprohosting machine is STRICTLY prohibited. Masterprohosting will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a Masterprohosting server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension. See our NO SPAM Policy for more details.


Server abuse

Any attempts to undermine or cause harm to a Masterprohosting server or customer of Masterprohosting is strictly prohibited.
Any sub-networks of Masterprohosting and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.


Software Distribution

Masterprohosting.com's shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@masterprohosting.com for special arrangement.


Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. Masterprohosting.com Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.


Actions Taken by Masterprohosting

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. Masterprohosting will be the sole arbiter as to what constitutes a violation of the AUP. Masterprohosting reserves the right to remove any account without prior notice.
When Masterprohosting becomes aware of an alleged violation of its AUP, Masterprohosting will initiate an investigation. During the investigation, Masterprohosting may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Masterprohosting may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Masterprohosting will notify the appropriate law enforcement authorities of such violation.
Masterprohosting does not issue credits for outages incurred through service disablement resulting from AUP violations.
Masterprohosting customers agree to indemnify and hold harmless Masterprohosting from any claims resulting from the use of our services that damages them or any other party. The Masterprohosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Masterprohosting expressly disclaims any representation or warranty that the Masterprohosting service will be error-free, secure or uninterrupted. No oral advice or written information given by Masterprohosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Masterprohosting and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.


Modification

Masterprohosting reserves the right to add, delete, or modify any provision of this Policy at any time without notice.


Refusal Of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion within human reason.



Masterprohosting - Terms of Service (TOS)

There are no hidden fee’s so if you are searching for them in small print, just a head’s up.
Use of Masterprohosting’s Service constitutes acceptance and agreement to Masterprohosting’s AUP (Acceptable Use Policy) as well as Masterprohosting’s TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to Masterprohosting, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of Masterprohosting.


Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Masterprohosting, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.

2. Masterprohosting will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay Masterprohosting any additional fees as specified in the Service Description within three (3) days of invoicing period. Any BW overage bill not paid within three (3) days of invoicing will be subject the server and services to suspension.


What may not be hosted on our network:

-Warez
-IRC
-Child pornography
-Copyrighted media, includes but not limited to: Video, Music, TV, Radio
-Hacking tools / material
-Anything that may harm us, the server, or anyone else (mentally, physically)

Network Uptime is the total time in a calendar month that Masterprohosting network is available through the Internet, provided that Client has established connectivity. Masterprohosting takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99% of each calendar month.

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Masterprohosting’s Network as confirmed by Masterprohosting. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any Masterprohosting scheduled 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 with a minimum of 12- 24 hours notice.


Hosting Plan Upgrade

The upgrades from one plan to another plan with more disk space, or to another special configuration requested by the customer and accepted by Masterprohosting are possible. When an upgrade is done, the one year service time will be counting from the upgrade date.

SLA Network Violation Credit

Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: · Scheduled downtime · Problems outside of Masterprohosting’s network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network · Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately.


Payment

Establishment of this service is contingent upon receipt of payment from Customer to Masterprohosting. Subsequent payments are due on the anniversary date of the year for that year’s service. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account’s.
The Customer will be advised twice before the anniversary date of service payment.


Payments and Fees

Payment is due on the defined yearly date of each year. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200.00 reconnect charge. Accounts not paid by due date are subject to a $8 late fee. Accounts that are not collectable by Masterprohosting will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty ($50.00) nor more than One Hundred, Fifty ($150.00)


Delinquent Accounts

Masterprohosting may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.


Account Cancellation

All requests for canceling any service / services must be made in writing with at least 15 days notice but not more than 30 days prior written via email to cancellation@masterprohosting.com Include your domain name, last name on credit card, order number in your email.


Refunds and Disputes

All payments to Masterprohosting are nonrefundable. This includes any setup fees and yearly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in Masterprohosting’s discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.


Dedicated Server Restore

Masterprohosting is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. Masterprohosting shall not be liable for loss of data under any circumstance.


Hardware replacement will occur within 1 - 8 hours of the reported problem, Masterprohosting will refund 5% of the monthly fee per additional 10 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must email sales, within 10 days of reported violation, at: sales@masterprohosting.com . SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST. *Hardware SLA violations do not cover network violation*


Service Level Agreement

Web Site Availability Service Level Agreement

COVERAGE

This Web Site Availability Service Level Agreement applies to YOU if YOU have ordered *any* hosting plans ("Service") and YOU are in good financial standing with Masterprohosting.


SERVICE LEVEL

Masterprohosting endeavours to have network connectivity available for http access by third parties 99% of the time ("Web Site Availability").


LIMITATIONS

On-line problems occur continuously. There might come a time when you cannot access your website or any other service. This is not necessarily due to Masterprohosting. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and Masterprohosting, making communication difficult or impossible. We cannot bear the responsibility of such problems. Our monitoring agents determine the uptime of our service, and not any one client's experience.

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