Terms of Service

mozunkhost^.com

mozunkhost.terms of service

1.)    Account Setup

a.      We, MozunkHost.com, will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address that is not at the domain(s) you are signing up under. For example, if you register www.mycoolweb.com with us, your email address cannot be you@mycoolweb.com.

b.      Accounts will be suspended/terminated and fees placed if proper arrangements are not made for convenient billing.

2.)    Content

a.      All services provided by MozunkHost.com may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.

b.      Examples of unacceptable material: IRC Bots, Warez Sites, Pirated Software, Hate sites, Hack programs and archives. Hosting of this information/data will result in immediate termination of hosting without chance of refund.

3.)    Zero Tolerance Spam Policy

a.      MozunkHost.com takes a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice and without chance of refund.

b.      Any account setup to solely receive spam will be terminated with no chance of refund.

c.      MozunkHost.com reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy at its sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.

d.      These modifications can extend to account termination if necessary.

e.      We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of MozunkHost.com. All rights reserved.

4.)    Payment Information

a.      You agree to supply appropriate payment for the services received from us in advance of the time period during which such services are provided. You agree that until and unless you notify MozunkHost.com of your desire to cancel any or all services received, those services will be billed on a recurring basis.

b.      Billing will be sent the month prior to the billed month(s). If payment is not received within ten days after the due date for the billed month, a $25 USD late fee will be applied. Account suspension will result after the last day of the billed month.

c.      MozunkHost.com reserves the right to change the monthly payment amount and any other charges at anytime without notification.

d.      MozunkHost.com free domain deal limits each customer to only one domain only while promotion is running.

5.)    Backups and Data Loss

a.      Your use of the service is at your sole risk. We are not responsible for the permanency files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on our servers.

6.)    Cancellation and Refunds

a.      We reserve the right to cancel the account at any time.

b.      Customers may cancel at any time. We give you a 15-day money back guarantee on managed shared hosting. Refund requests after 30 days will be refunded on a prorated basis of any unused time at MozunkHost.com's discretion. The 15-day money back guarantee is not available if your account violates these terms.

c.      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 or if you have opened a second account with us.

7.)    Resource Usage

a.      Users may not initiate the following:

                                                               i.      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.

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

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

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

                                                             v.      Run any gaming servers such as counter-strike, half-life, battlefield1492, etc – no exceptions.

8.)    Bandwidth Usage

a.      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.

9.)    Money back Guarantee

a.      On dedicated servers, and collocation, no full refund will be honored; the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

10.)                        Price Change

a.      We reserve the right to alter package pricing at any time provided a one(1) month notice is given to the customer.

b.      We reserve the right to change prices listed on our site and the right to increase or decrease the amount of resources given to plans at any time.

11.)                        Indemnification

a.      Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its customers, officers and employees that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of:

                                                               i.      any injury to person or property caused by any products sold or otherwise distributed in connection with us

                                                             ii.      any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party

                                                            iii.      copyright infringement

                                                           iv.      any defective products sold to customers from HostGator.com's server or MozunkHost.com’s server.

12.)                        Disclaimer

a.      We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by our employees and us.

13.)                        Changes to the TOS

a.      We reserve the right to revise its policies at any time without notice.

AFFILIATE PROGRAM AGREEMENT

This Agreement contains the complete terms and conditions that apply to your participation as a member of the MozunkHost.com Affiliate Program.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY TICKING THE CHECKBOX ON ANY REGISTRATION FORM ON MOZUNKHOST.COM, YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGRREMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.

1. Enrollment in this Program.  We will evaluate your account in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, "Content Restrictions").

2. Utilizing Links on Your Site. As an affiliate website of MozunkHost, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain MozunkHost’s trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by MozunkHost. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.

3. Commissions. We will pay you a commission based on below structure:

Commision Rates:

20% of the first month’s bill for every customer you refer IF that customer remains a paying customer of MozunkHost.com beyond the first 30 days.

10% of any design client bill you refer.

The Commission Rate is subject to change from time to time, upon e-mail notice to you and commencing the 30-days following such notice.

4. Commission Payment. Commissions due and owing to you under the Program will be paid to you directly by mozunkhost.com one time per month: on the 3rd day of the month. Payments will be in the form of PayPal or a check payable to you  as identified in your application, and will be mailed to the street address indicated in your application.  There will be a 30 day hold from the time you generate a signup, and the time you are eligible to be paid on that signup. If during the 30 day hold the Referral takes advantage of our 30 day money back guarantee your commission will be forfeited. No commission will be paid for signups by you or anyone within your organization.

5. Responsibility for Your Site. You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:

- Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or AOL customers or otherwise violate the anti-spamming policies of MozunkHost or state law;
- Provide inaccurate or incomplete information to MozunkHost concerning your identity, address or other required information;
- Attempt to cheat, defraud or mislead us in any way;
- Misrepresent to the public the terms and conditions of our sites or your sites;
- Engage in popup advertisement network activities;
- IFrames may only be used on pages or sites in which the other content represented on the site is related to MozunkHost

6. Term of the Agreements. The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.

7. Modification. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.

8. Relationship of Parties. You and MozunkHost are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of the MozunkHost and MozunkHost expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.

9. Limitation of Liability. We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.

10. Disclaimers. We make no express or implied warranties or representations with respect to the Affiliate Program or any COMPANY services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

11. Representations and Warranties. You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide MozunkHost with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.

12. Confidentiality. We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to MozunkHost, customer and vendor lists relating to MozunkHost and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.

13. Indemnification. You hereby agree to indemnify, defend and hold harmless MozunkHost, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.

14. Miscellaneous. Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of the United States and the State of West Virginia, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MOZUNKHOST. BY REPLYING TO THIS EMAIL WITH THE PHRASE “I AGREE TO THE TERMS SET FORTH BY MOZUNKHOST.COM TO ENROLL IN THE MOZUNKHOST AFFILIATE PROGRAM” YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.