MyProxyHosting Terms of Service

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The use of any hosting services provided by "MyProxyHosting" constitutes your full agreement to the TOS (terms of service) outlined below. From herewith in this TOS, the usage of "us", "we", "our", "ours" shall constitute reference to "MyProxyHosting", the usage of "you", "your", "they", "them" shall refer to the client / customer of "MyProxyHosting".

Please email us at abuse@myproxyhosting.com to report any violations of these terms.

MyProxyHosting provides shared web hosting specialized for proxies. We reserve the right to suspend or permanently terminate your hosting account, with no refund, upon failure to follow the terms outlined below. While your account is suspended, invoices will continue to be generated.

It is your responsibility to make sure your payment information is fully up-to-date and accurate. It is your responsibility to make sure that invoices generated to your account are payed in full and on time.

MyProxyHosting offers a 10-day grace period from when your invoice is generated to when payment is due. If the invoice is not payed within these 10 days, then your account will be suspended. Failure to pay the invoice within 20 days of generation will result in an additional late fee equivalent to $5 (USD) if you choose to continue hosting with us. Failure to pay your invoice within 60 days will result in complete termination and deletion of your account and all related information.

Invoices payed in mistake (including double-payments, or extra payment) cannot be refunded, but will be rewarded as account credit upon proper notice, at the discretion of MyProxyHosting.

Hosting accounts will be protected from future price-increases. Existing clients will continue to pay the same as they did upon account creation for their entire hosting period (the exception being account cancellation).

Upon canceling your account (via the Client Area), invoices will no longer be generated. All information related to your hosting account (including files/databases/etc.) will be permanently deleted.

Any invoices previously payed before account cancellation will not be refunded, regardless of time between invoice payment and account cancellation.

MyProxyHosting reserves the right to suspend or completely terminate your hosting account with no refund for any and/or no reason.

All content hosted on MyProxyHosting's servers must be legal in the United States of America, and be allowed by these terms.

The following content is not allowed to be hosted on any account:
- Illegal Content/Warez/Stolen Scripts
- Copyrighted/Trademarked Content (ebooks, media, articles, etc.)
- Pornography/Adult Material
- Hacking/Phishing Websites
- Content that is potentially harmful to minors (including child pornography)
- All other websites promoting illegal activity
- File Storage/Sharing Websites (including mp3s, video streaming, image hosts, etc.)
- Gambling/Lottery Websites
- IRC or IRC-Related Software
- Web spiders or Indexers (including Google Cash / AdSpy)
- Sales of Controlled Substances
- Hate/Racist/Harassment oriented sites
- Any kind of CGI-based Proxy Scripts

In addition, you may not link to any illegal, adult, or hacking content.

If we feel that you are hosting inappropriate content that is not listed above, we reserve the right to ask you to remove that content. Failure to comply will result in suspension and possible termination.

We have a strict no-SPAM policy. You must comply with the CAN-SPAM law. If you are unsure of the provisions of this law, please click here [http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm].

You must also send email in a way that respects the stability of our network, and allows other customers to use our services. If we determine that your use of email affects our network or our other customers, we may suspend your account until you have agreed to modify your behavior.

MyProxyHosting reserves the right to completely disable any and all email services for accounts that fail to comply with this policy.

In a shared environment (such as the one MyProxyHosting provides), server resources are shared between accounts. To better the quality of hosting for all accounts, no specific account is allowed to use excessive amounts of server resources.

Clients 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 CGI Proxies or other scripts that use excessive resources
- Run IRC networks or any program that interfaces with IRC.
- Run web spiders or indexers (including Google Cash / AdSpy)
- Run any bit torrent application, tracker, or client
- Run game servers of any sort.
- Run websites in the nature of file sharing/file hosting (including mp3 and video sharing)
- Run cron jobs with intervals of less than 15 minutes

We will suspend any account that uses resources to a point that we feel are excessive. You should not cause excessive load on the server, ruining the quality of hosting for others.

Any proxies hosted on MyProxyHosting servers may only be used for legal purposes. Like an internet service provider, barring any technical issues, proxies allows the user to access any website on the internet. It is the responsibility of the end user to use the abilities this service grants in a manner that is consistent with both US law and the locals laws and policies in effect at the user's personal location.

The users of this service, and not the owners and operators of MyProxyHosting, will be responsible for any consequences stemming from any improper or illegal usage of the service. We reserve the right to cooperate with appropriate law enforcement agencies about any activities conducted via any proxy on our servers that may violate any law enforceable in the jurisdiction under the United States of America.

Our hosting is specifically built to deal with proxies, which tend to use a large amount of resources and bandwidth.

We have the following rules in place in regards to proxies:
- CGI Proxies are NOT allowed. Only PHP and JavaScript proxies can be hosted.
- Your hosting account's main priority should be to run proxies. We are a proxy host; if you are not using your account to run a proxy, then we may ask you to change hosts. You are allowed to run non-proxy sites in ADDITION to a proxy site.

MyProxyHosting also recommends that you:
- Disable hotlinking on your proxy. Hotlinking increases resource usage and lowers earnings.
- Ban low monetizing traffic, such as Iran and China. These tend to also use many resources, and do not earn much back. Plus, traffic surges could account for a big bill. For this purpose, our servers have mod_geoip installed (Our staff will gladly help you set it up).

When ordering, you pay for a certain amount of monthly bandwidth (transfer). Bandwidth is used every time your website is loaded. If you exceed your maximum bandwidth for a month, your account will automatically be suspended (usually), to prevent more usage. At this point, you will then need to either:

a) Pay for extra used bandwidth ($1/4GB - always rounded up) and wait until the next month.
b) Pay for extra used bandwidth ($1/4GB - always rounded up) and upgrade your account.
c) Pay for extra bandwidth usage until the end of the month ($1/4GB - always rounded up).

MyProxyHosting makes remote backups. These backups are available ONLY to be used in emergencies (such as server-wide data loss), and will not be released in the event of data loss of one client. Do not rely on our backups, and make sure to backup within your cPanel often. We are not required to send you backups at any time.

MyProxyHosting is not responsible for any data loss on your account, regardless of the reasons, including negligence on the part of MyProxyHosting.

Clients using our shared hosting may not resell our services/plans to anyone. As a client, you agree that you are the sole user of any server resources granted to you.

Our staff are on hand to help provide you with support and to make sure your hosting experience is the best it can be. Rude behavior to our staff, including profanity or any other form of abuse, will not be tolerated.

If you are rude to our staff, we reserve the right to suspend and/or terminate your account(s).

If you feel one of our staff members is being rude or harrasing you, please contact us with complaints and proof.

MyProxyHosting offers a 14-day money back guarantee. If you are not completely satisfied with your hosting, simply contact us within 14 days of receiving your account set-up email (with the login information) and we will give you a full refund.

The refund guarantee terminates if:
- You break any section of the Terms of Service
- You use more than 50% of your monthly bandwidth
- You use an excessive amount of resources during your 14 days of hosting

Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including without limitation acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, interruptions of telecommunications providers, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay.

Notwithstanding the above, in the event Force Majeure has prevented us from performing our obligations under this Agreement for one month, you shall be entitled to terminate this Agreement at no additional cost. The party affected by the Force Majeure shall notify the other party as soon as possible, but in no event less than ten days from the beginning of the Force Majeure event.

MyProxyHosting clients agree to indemnify and hold MyProxyHosting, and its employees, officers, agents, co-branders or other partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the use of any MyProxyHosting service, connection to the MyProxyHosting service, the violation of these notices, terms and conditions, or the violation of any rights of another.

MyProxyHosting will take no responsibility for any damage to your business through direct or indirect use of our services. This includes loss of data or damage due to delays, no/wrong deliveries, downtimes, or any and all service interruptions caused by MyProxyHosting and its employees.

MyProxyHosting will comply with appropriate law enforcement agencies. We reserve the right to disclose any and all information about clients and client accounts in the event of lawful request from these agencies.

MyProxyHosting reserves the right to modify these Terms of Service at any time. Any changes may or may not be announced. Regardless of circumstances, it is the client's responsibility to keep up to date with the Terms of Service, and any issues that may arise will be governed by the current Terms of Service, regardless of any ignorance.

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