This page contains our terms of service and usage policies. Please do take 5 minutes to read them before ordering to avoid any confusion or conflict at a later date.
These terms are applicable to all our services. In these Terms, the company name mikhosoft is used to describe the company and all of its brands.
Any attempt to undermine or cause harm to a server or customer of mikhosoft is strictly prohibited. As our customer you are responsible for all your accounts.
Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Excessive CPU use or continued high disk IO R+W requests will be considered server abuse, CPU cores are given on an equal share basis only they are not dedicated cores for your server alone.
As a general rule as long as you are not impacting others then you will not be restricted however as a guideline we ask that you do not average over 75% of a CPU core/thread for more than 24 hours on average or 100% of a core/thread for more than 1 hour.
To prevent server abuse, automated system monitoring is used. If you consider your automated suspension wrongfully handled, open a ticket and your service will be restored.
Repeated abuse will not be tolerated.
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER (CRACKER) PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, mikhosoft WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
All account plans come with a predetermined amount of traffic allowance. Your services may be suspended or limited if you exceed this.
We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of mikhosoft must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
By the Account Activation Date of each month, mikhosoft shall either: (1) debit the client’s credit card (when such information has been provided by the client); or (2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to mikhosoft by no later than the specified payment due date. mikhosoft shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended. Anyone wishing to use PayPal accepts that the email address and name in the billing information must match the details of the PayPal account used unless photographic and supporting documentation is sent in advance of your order your service will be suspended immediately quoting this subsection. PayPal disputes or claims result in immediate termination of your account.
Certain services carry a setup fee charged by mikhosoft to the client, which must be paid by client in order to have use of said services. If client terminates this agreement, the client shall be responsible for any and all outstanding fees owed to mikhosoft and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when the client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
We offer a 14 day Money back guarantee on all services where full price is paid except dedicated servers, domains, custom VPS packages and VPS packages with less than 256mb RAM, if your purchase was made in conjunction with a promotional code then only 48 hours from the order time is given instead of 14 days. In order to qualify you MUST request a refund via our ticketing system before putting in a cancellation request, any requests for a refund after a cancellation request has been made by a customer of mikhosoft will not be granted. You will only qualify for a refund if you have selected ‘Monthly’ or ‘Quarterly” during checkout and on your first order. Only the first service i.e. 1 hosting package or 1 virtual server or 1 dedicated server will qualify, orders of multiple products and or quantities are not eligible for refunds under any circumstances All refunds are subject to 10% or 1.00 US Dollar administration fee whichever is greater. If a client is found to have abused service in any way no refund will be granted. If you request a refund under the 14-day money back guarantee you accept that you will not be able to take service of any type with mikhosoft for a minimum period of 1 year and you will not qualify for any refund thereafter. PayPal subscriptions are your own to maintain, any overpayments or double payments will be held as account credit, in the event that you choose to close your account any credit gained through overpayment will be held for 7 days and can be refunded unless made by subscription payment, no refunds are possible if you have overpaid due to failure to manage your own payment subscription, mikhosoft will apply an admin charge of $25 to any credit or part thereof in the event a refund of an overpayment is requested, if your total credit does not exceed the admin charge and credit will be forfeit upon closing your account. The refund policy is not open for any negotiation and is final and absolute any attempts to pursue a refund outside of these conditions will be ignored and your account will be considered in abuse of terms.
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
We DO NOT refund partial monthly fees to accounts. please see the section above under 14-day refund policy for additional information.
mikhosoft shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from mikhosoft ‘ servers going off-line or being unavailable for any reason whatsoever. Furthermore, mikhosoft shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of mikhosoft ‘ servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be referred to by opening a ticket with the Abuse & General department. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
mikhosoft cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by mikhosoft are resold. Thus, certain equipment, routing, software and programming used by mikhosoft are not directly owned or written by mikhosoft. Moreover, mikhosoft holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as mikhosoft sees fit.
By activating your account with mikhosoft, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines, and disclaimer. NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however at our discretion, advise you by e-mail or phone prior to taking any action if possible and the issue in question is not affecting other customers to provide you with an opportunity to correct the problem.
mikhosoft guarantees 99.8% service (HTTP, FTP, POP, IMAP, SMTP) uptime on all hosting plans and 99.8% guarantee on the uptime of VPS and dedicated servers. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime. mikhosoft reserves the right to amend any or all of the above policies, guidelines, and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification. On any and all services, mikhosoft cannot and will not accept liability for any downtime caused by 3rd parties which include but is not limited to DDOS attacks, our carriers/upstream providers any user running any software scripts or services that may impact any other users service. Downtime due to Hardware faults will not be counted towards total uptime.
mikhosoft has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.
Order Forms
Our site uses an order form for customers to request services. (128-bit encryption minimum at checkout). We collect sensitive information which is used only for our purpose, no third party receives any type of information from us. Contact information from the order forms is used to get in touch with the customer when necessary. Billing information that is collected is used to bill the user for services. Unique identifiers are collected from Web site visitors to verify the user’s identity. Demographic and profile data is also collected at our site. We use this data to tailor our visitor’s experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.
Security
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. Our payment gateways use strong SSL encryption to ensure your privacy.
Third Parties
Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC. Contacting the Web Site If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact us using the ticket system.
Self-Managed Services and Support
Unless managed or semi-managed support (see next section) is selected and paid for as an add-on all services are self-managed , if your service is self-managed then the responsibility for management of your service is your own, support tickets for issues outside your control such as network related problems or if your service becomes unavailable will still be given high priority. If you make your service unavailable through your own actions intentional or not and require intervention by mikhosoft outside of standard hours then a semi-managed add-on is required. Standard support hours for self-managed services are 10:00 – 18:00 CET, general informational tickets will be answered during this period.
Semi-managed Support
Semi-Managed support entitles you to the following on request: Assistance with initial set-up of your OS Optimization of standard services within the chosen OS Installation of software through your OS-specific package manager *1 IP Tables set-up Basic security on your OS e.g. updates, secured directories, setting up sshd on none standard ports and removing remote root login Out of hours support if required *2 Scheduling of off-site backups Any other requests as deemed reasonable by mikhosoft. *1 initial install only, full configuration not included *2 for urgent requests only, semi-managed customers will be given a separate method of contacting support out of hours. As a provider of web site hosting and other Internet-related services, mikhosoft offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. mikhosoft respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, mikhosoft reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, mikhosoft has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using mikhosoft’ services. This AUP will be revised from time to time. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that mikhosoft cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because mikhosoft cannot monitor or censor the Internet, and will not attempt to do so, mikhosoft cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications. When subscribers disseminate information from the Internet, they must keep in mind that mikhosoft does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information created is carried over mikhosoft’ network and may reach a large number of people, including both subscribers and non-subscribers of mikhosoft, subscribers’ postings to the Internet may affect other subscribers and may affect mikhosoft’ goodwill, business, reputation or operations. For these reasons, subscribers violate mikhosoft policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward mikhosoft, but also because it can overload mikhosoft’ network and disrupt service to mikhosoft’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, mikhosoft will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore mikhosoft reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should mikhosoft choose to pursue and prosecute. mikhosoft does not allow the use of mail servers for bulk mailing in any form, newsletters and or subscription lists may be used with prior authorisation from mikhosoft and under no circumstances are you permitted to send out any form of bulk emails on behalf of another person, company or other.
Passwords:
You agree not to use weak passwords for any services running on standard ports, if your server is compromised as a result of a weak password your service will be suspended without warning, for a password to be considered acceptable it must contain at least 1 x special character 1 x Upper case letter 1 x lower case letter 1 number
Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, mikhosoft reserves the right to limit bandwidth throughput to 20 mbit on any virtual server which streaming of audio or video content that is causing impact to other customers.
Adult-Oriented Content:
mikhosoft allows adult content that is deemed legal in the Country and states your Services are located in, mikhosoft reserve the right to request and or remove any content it deems illegal or offense, if you are unsure about your content please open a ticket and ask before publishing it.
Obscene Speech or Materials:
Using mikhosoft’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. mikhosoft is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:*Applies to shared hosting only.
Using mikhosoft’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software. Usenet Groups: mikhosoft reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
IRC:
You are not allowed to use IRC server, clients or other IRC related services on any VPS server unless over IPv6
BOTS & SCHEMES:
You may not run any automated game bots that use more than 20% of a single core for more than 15 minutes at a time, this includes re-spawned processes, you may not allow unattended click or hit schemes run i.e. artificial traffic generators, example hitleap, 247autohits, simplyautohits, 10khits or anything of a similar ilk.
GENERAL:
You may not install, use or facilitate the use of any Open Proxy this includes TOR, any activities that give other users access to the services in a manner which disguises their origin IP address without any auditing or logging. No crypto currency mining is permitted on any VPS package.
Other Activities:
Engaging in activities, whether lawful or unlawful, that mikhosoft determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations. As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. mikhosoft will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with mikhosoft’ policy or applicable law. However, when mikhosoft becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by mikhosoft. mikhosoft is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching mikhosoft’ facilities from those subscribers may have originated from a customer of the subscriber or from another third party. mikhosoft does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. mikhosoft reserves the right to directly take action against a customer of its subscribers. Also, mikhosoft may take action against the mikhosoft’ subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, mikhosoft anticipates that subscribers who offer Internet services will cooperate with mikhosoft in any corrective or preventive action that mikhosoft deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of mikhosoft policy. mikhosoft will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. mikhosoft may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, mikhosoft may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. mikhosoft assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, mikhosoft may disclose subscriber information or information transmitted over its network where necessary to protect mikhosoft and others from harm, or where such disclosure is necessary to the proper operation of the system. However, mikhosoft will never sell information to other services or outside companies. mikhosoft expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate mikhosoft policy. Finally, mikhosoft wishes to emphasize that, in signing the Service Agreement, subscribers indemnify mikhosoft for any violation of the Service Agreement, law or mikhosoft policy resulting in a loss to mikhosoft or the bringing of any claim against mikhosoft by any third party. This means that, if mikhosoft is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against mikhosoft, plus costs and reasonable attorney’s fees. We hope this AUP is helpful in clarifying the obligations of Internet users, including mikhosoft and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to abuse@mikhosoft.com.
