Acceptance of Contractual Agreement Use of Michelonia’s Service constitutes acceptance and agreement to Michelonia’s AUP (Acceptable Use Policy) as well as Michelonia’s TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to Michelonia, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of Michelonia.
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 Michelonia, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.
2. Michelonia 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 Michelonia 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:
Network Uptime is the total time in a calendar month that
Michelonia network is available through the Internet, provided that
Client has established connectivity. Michelonia 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 Michelonia’s
Network as confirmed by Michelonia. 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 Michelonia 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.
SLA Network Violation Credit
see: Michelonia's Service Level Agreement
Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:
Payment
Establishment of this service is contingent upon receipt of payment from Customer to Michelonia. Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account’s monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees divided by 30) times the number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.
Payments and Fees
Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $10.00 declination fee. 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 $7.95 late fee. Accounts that are not collectable by Michelonia 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
Michelonia 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.
Delinquent Reseller Accounts
Should your reseller account become delinquent, and payment not made to Michelonia, resulting in a suspension of service you will have 48 hours to make restitution for the delinquent balance. Any account left unpaid after 48 hours of suspension and reseller not contacting the Michelonia billing department to resolve the issue will allow for the reseller's client to be able to purchase the server directly, and assume financial responsibility from that point forward. The balance must be paid entirely by the client prior to lifting the service suspension. Resellers shall not hold Michelonia responsible for failure to appropriately pay their invoices in a timely manor set forth in your original contracts.
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 billing@michelonia.com include your domain name, last name on credit card in your email.
Refunds and Disputes
All payments to Michelonia are nonrefundable. This includes any setup fees and monthly 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 Michelonia’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.
30 Day money back Guarantee
All shared hosting, reseller hosting, and windows hosting plans come with a 30 day money back promise. If for whatever reason we fail to satisfy your needs and are within 30 days we will fully refund your money all we ask is you give us a reason so this will help us improve as a company. Dedicated Servers do not fall under this policy due to the labor involved in setting them up and also cost.
Dedicated Server Restore
Michelonia 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. Michelonia shall not be liable for loss of data under any circumstance.
Hardware replacement will occur within 1 - 8 hours of the reported
problem, Michelonia will refund 5% of the monthly fee per additional 8
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@michelonia.com
within 10 days of reported violation, . SLA violations will be reviewed
by our personnel Monday - Friday 9AM to 5PM EST. *Hardware SLA
violations do not cover network violation*
Michelonia Networks (hereafter referred to as Michelonia) 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. Michelonia 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@michelonia.com
Illegal Usage
Michelonia 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 Michelonia service agrees to indemnify and hold harmless Michelonia from any claims resulting from the use of the service that damages the subscriber or any other party.
Michelonia 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. Michelonia shall be the sole arbiter of what is considered to be a high server usage level.
Chat Rooms
Michelonia does not provide chat room software. You may elect for a Dedicated Server to Run a chat room efficiently
Background Running Programs
Michelonia does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. IRC Michelonia does not allow IRC or IRC bots to be operated on our servers.
Backups
Michelonia performs daily backups on all servers to ensure critical files are never lost. However Michelonia 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 Michelonia'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 Michelonia to provide this knowledge or support outside matter specific to Michelonia servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or through a Michelonia server or using an email address that is maintained on a Michelonia machine is STRICTLY prohibited. Michelonia 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 Michelonia 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 Michelonia server or customer of Michelonia is strictly prohibited. Any sub-networks of Michelonia 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
Michelonia'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@michelonia.com for a special arrangement.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Michelonia's 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.
Domain Names
Michelonia will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. Michelonia does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.
Actions Taken by Michelonia
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. Michelonia will be the sole arbiter as to what constitutes a violation of the AUP. Michelonia reserves the right to remove any account without prior notice.
When Michelonia becomes aware of an alleged violation of its AUP, Michelonia will initiate an investigation. During the investigation, Michelonia may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Michelonia 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, Michelonia will notify the appropriate law enforcement authorities of such violation.
Michelonia does not issue credits for outages incurred through service disablement resulting from AUP violations.
Michelonia customers agree to indemnify and hold harmless Michelonia from any claims resulting from the use of our services that damages them or any other party. The Michelonia 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. Michelonia expressly disclaims any representation or warranty that the Michelonia service will be error-free, secure or uninterrupted.
No oral advice or written information given by Michelonia, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Michelonia 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
Michelonia 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.
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 Michelonia.
SERVICE LEVEL
Michelonia endeavors to have network connectivity available for http access by third parties 99% of the time ("Web Site Availability").
CREDITS
In the event that there is no Web Site Availability, Michelonia will credit the monthly service charge for the Service as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month: Web Site Availability Credit 95% to 99.4% = 25% 90% to 94.9% = 50% 89.9% or below = 100% In order for you to receive a credit on your account, you must request such credit within seven (7) business days after you experienced no Web Site Availability. You must request credit by sending an electronic mail message to billing@michelonia.com For security, the body of this message must contain your account number/domain name, the dates and times of the unavailability of your web site, and such other customer identification requested by Michelonia. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event that there is no Web Site Availability.
RESTRICTIONS
Credits shall not be provided to you in the event that you have no Web Site Availability resulting from (i) Scheduled maintenance, (ii) Your behavior or the performance or failure of your equipment, facilities or applications, or (iii) Circumstances beyond Michelonia's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web Site.
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 Michelonia. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and Michelonia, 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.
Michael Glatz
CEO, Michelonia