The following terms and conditions (these "Terms") govern the provision by Mainframe Central Hosting ("Company") of the services and/or products (referred collectively herein as "Services and Products") described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the "Service Descriptions") and defined in any of the Company's product support listing, to the customer ("Customer") identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this "Agreement." Mainframe Central Hosting reserves the right to change and update this document as needs change or arise.
- Maximum Hard Disk Space. Customer will be provided with the amount of disk space stated in either their dedicated quote or corresponding plan from https://mainframecentral.com Disk space and usage are monitored by Mainframe Central Hosting, when possible quotas are soft and responsible overages should not impair Customer's ability to access said disk space. Customers are responsible for purchasing additional disk space beyond that detailed in their "Plan" or to remove files in order to bring their usage with their Plan's limit.
- Jurisdiction and Jurisdictional Disputes, Legal Responsibilities. The parties expressly recognize that, where Mainframe Central Hosting is acting solely as Customer's Host, Mainframe Central Hosting is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where Mainframe Central Hosting is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold Mainframe Central Hosting harmless, defend Mainframe Central Hosting exhaustively (including all legal cost(s), and challenge the jurisdiction of out of state authorities over Mainframe Central Hosting.
- Storage and Internet Link Mainframe Central Hosting. shall store Customer's data on Mainframe Central Hosting servers (not applicable to colocation service). The parties expressly recognize that Internet servers and links are susceptible to crashes and down time. Mainframe Central Hosting warrants that it shall maintain a consistent link (to the best of it's abilities), with the Internet, but Mainframe Central Hosting cannot and does not warrant that it shall maintain a continuous and uninterrupted link.
- Backups and Client Data Mainframe Central Hosting is not responsible or will be held liable for client data. Clients are advised to keep frequent, offsite backups. Mainframe Central Hosting does offer dedicated backup services, if interested, please inquire within.
- Bandwidth. Mainframe Central Hosting agrees that it shall maintain a 50Mbps (or the speed specified in your service agreement) connection to each server (from the server to the switch). However, Mainframe Central Hosting does not warrant any response rate or download time beyond its control; this may depend on Customer's and End Users ISP connections. We do NOT guaranty a set internet speed to your server. We do recommend, however, that you take advantage of our "speed and ping" test, prior to placing your order with Mainframe Central Hosting. If this test result does not meet your acceptable needs, please do not place your order with Mainframe Central Hosting.
1 Gbps Burstable Port: A 1 Gbps connection is provided, average use needs to remain at 100 Mbps billed at 95th percentile. Overage rate is $0.70 cents per 1 Mbps over 100 Mbps for the month at 95th percentile.
- Maintenance. Mainframe Central Hosting may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary. However, Mainframe Central Hosting shall provide prior notice where it is reasonably practicable under the circumstances, determined by Mainframe Central Hosting, and shall restore service as soon as is reasonably practicable, determined by Mainframe Central Hosting. Customer shall not be entitled to any setoff, discount, refund or other credit, in case of any service outage which is beyond Mainframe Central Hosting control or which is reasonable in duration. (Reasonable) is to be determined by Mainframe Central Hosting.
- Security. The parties expressly recognize that it is impossible to maintain flawless security, therefore the customer is soley responsible for properly securing their hosting service provided by Mainframe Central Hosting including changing intitial passwords used during the service provisioning process. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds Mainframe Central Hosting harmless for any compromise of Customer's security that resulted from their own actions.
- Privacy. Message and data encryption is possible on Mainframe Central Hosting, however Customer is solely responsible for encoding its Web Site and Emails to conform with generally accepted encryption standards, and Customer indemnifies and holds Mainframe Central Hosting harmless for any compromise of Customer's encryption method.
- Caching Permitted by Mainframe Central. Customer expressly grants to Mainframe Central Hosting a license to cache the entirety of Customer's Web Site and Email in RAM, hard disk space, web site caches, dynamic language caches and database server caches, Customer expressly agrees that such caching is also deemed "fair use" under the United States Copyright Act, and Customer expressly agrees that such caching is not an infringement of any of Customer's Intellectual Property Rights.
- Export Control. Customer agrees that its Web Site and Email shall comply with all export, re-export or import laws and regulations of any jurisdiction from which Customer's Web Site is transmitted or accessed. Customer agrees that it shall obtain written authority from all appropriate governmental bodies, if Customer intends at any time to re-export any items originating from that jurisdiction to any proscribed destination. Customer shall indemnify Mainframe Central Hosting, hold Mainframe Central Hosting harmless and provide a defense, (including all legal costs), to Mainframe Central Hosting for any such compromise or violation of export/re-export/import laws.
- Operating System reinstalls. For most clients, an OS reinstall is something that is not done very often. We understand some clients may need additional reinstalls. Our support will cover one free reinstall per account. Additional reinstalls beyond this will incur a $5 fee. We offer a KVM on demand service if the client wants to proceed with a self-administered reload.
- Refunds. We always try our best to give our customer(s) outstanding equipment, support and the best pricing for these services on the planet! This being said, Mainframe Central Hosting has a strict NO REFUND policy on all services that include VPS and Dedicated hosting. Customer has the right to cancel services with Mainframe Central Hosting before the monthly renewal period and will not incur and additional cost. Whenever you decide to place your order(s) with Mainframe Central Hosting, please ask the staff (approximate set-up time) for your server. At times, due to heavy ordering and our fantastic pricing, we cannot get equipment delivered fast enough to meet this same demand. If the set-up time does not meet your needs, PLEASE do not place your order(s) with Mainframe Central Hosting. We are not the Post Office or UPS and sometimes cannot control how fast our vendors get our equipment shipped to us.even when we pay extra for overnight shipping! Therefore, once again, please ask our staff the approximate time for set-up for your order(s). If you have an emergency on your server set-up needs, please speak with our staff and request (1-2) day set-up pending availability. If Mainframe Central Hosting is unable to deliver a dedicated hosting service due to a server that the customer has ordered and is unavailable, Mainframe Central Hosting will grant the customer a full refund. This will be determined at Mainframe Central Hosting's discretion.
- Chargebacks, Disputes, Fraudulent Orders and Remedies. If client initiates a dispute or chargeback against Mainframe Central Hosting for existing service; Mainframe Central Hosting reserves the right to suspend and or cancel any and all services being provided to the client. A $50 fee will apply and will be demanded before any services are restored if the server(s) is/are still available.
If client initiates a dispute or chargeback against Mainframe Central Hosting for a pending service order; Mainframe Central Hosting will place the order(s) in question on hold while the dispute is amicably resolved.
If a fraudulent order is received, Mainframe Central Hosting reserves the right to contact law enforcement agencies, provide any and all information regarding the matter for investigation and cancel the order outright.
- VPS Specifications. Our listed CPU speeds are not meant to be a literal reporting of the clock speed of the virtual CPU. They represent the relative performance of each VPS package.
By signing the order form, entering into an agreement after a quote, accepting an invoice or taking presence on a Mainframe Central Hosting server, the Customer hereby agrees to the following:
- Customer agrees to pay for hosting services rendered in advance of each monthly service term. Invoices will be emailed to the customer five calendar days before the invoice is due. Customer has up until the due date to pay the invoice.
- Server charges will be incurred immediately once service has been provisioned and delivered by Mainframe Central Hosting. Customer billing will not start at sign-up date, but the date in which the service is delivered.
- Non-payment of services shall result in service interruption and will be subject to a late NOTICE via email to the email accounts on file for demand of payment due. If Mainframe Central Hosting does not receive a response to said notice, then a termination of service will commence immediately. Mainframe Central Hosting will cancel service outright and decommission the server or virtual service within 24 hours of original late notice if no response is received. This includes reclaiming and deleting all data from virtual and physical hard drives. Mainframe Central Hosting is NOT responsible for data contained on these devices. If the server(s) is/are still available after suspension commences and have not yet fully been decommissioned, then a $25 restoration fee will apply per server to restore the service.
- The customer is responsible for all data stored on the server. We recommend clients keep their own backups of any data. Mainframe Central Hosting will not be held accountable for data loss for the following reasons:
- Suspension or termination due to resource/network abuse.
- Suspension or termination due to non-payment or late payment.
- Suspension or termination due to violation of the Acceptable Use Policy.
- Hardware failures.
- Power Outages/Brown-Outs
- Acts of God.
- Customers of Mainframe Central Hosting agree to pay all taxes applicable to their account, if their state and/or jurisdiction requires they do so.
- Customer agrees not to engage in activity that violates federal (United States), state or local laws applicable to the service terms described herein.
- Company reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Terms of Services.
- Remote Hands Services
- Mainframe Central Hosting will provide basic remote hands managed services to all colocation clients. This includes the following;
- Free reboots
- Free KVM over IP service
- Free network troubleshooting
Clients will be responsible for the following services but not limited to;
Managed Remote Hands Service Cost
Mainframe Central Hosting remote hands service is available at a monthly rate $200 (includes all service 24 x 7) or on a per issue basis at $60 per hour billing in 15 minute increments.
- Hardware replacement. Mainframe Central Hosting will aid the client in hardware replacement provided that the client provides the hardware to be replaced. This is subject to the remote hands fee.
- OS reloads. Mainframe Central Hosting will place a KVM on the server free of charge and client can reload the server and or pay Mainframe Central Hosting the remote hands fee to proceed.
- Infrastructure installation. Mainframe Central Hosting will assist the client in the initial setup of colo infrastructure free of charge. Subsequent changes, such as switch installation, wiring, etc.. will be the responsibility of the client. If Mainframe Central Hosting provides these services, it will be subject to the remote hands fee.
- Electricity Usage
Mainframe Central Hosting will provide uninterrupted, protected power to all colocation services per the package that the client has purchased. A monthly usage reading will be taken within the billing period. If the usage is greater than the package purchased the overage will be billed in 1 Amp 120V increments at $15 per amp. Client will be notified in writing and given the option to upgrade to a higher power package, remedy and or accept the overage.
Aceptable Use Policy
This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Mainframe Central Hosting. If you engage in any of the activities prohibited by this AUP document Mainframe Central Hosting may suspend or terminate your account.
Mainframe Central Hosting's Acceptable Use Policy (the "Policy") for Mainframe Central Hosting Services is designed to help protect Mainframe Central Hosting, Mainframe Central Hosting's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Mainframe Central Hosting. Mainframe Central Hosting reserves the right to modify the Policy at any time, effective upon posting at https://MainframeCentral.com/tos.html.
rDNS requests: All rDNS requests for ranges larger than ten (10) IP addresses may require, at the discretion of Mainframe Central Hosting, a justification and/or an opt-in list. Mainframe Central Hosting reserves the right to deny or revoke rDNS entries which it deems to be in violation of this document.
- Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, 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.
- Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Mainframe Central Hosting's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Mainframe Central Hosting's servers, is prohibited. Mainframe Central Hosting accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Mainframe Central Hosting customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Mainframe Central Hosting-hosted domain, or referencing any Mainframe Central Hosting account, is prohibited.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
- Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g. "cracking" or "spoofing").
- Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
- Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Mainframe Central Hosting customers or end-users by any means or device.
- Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Mainframe Central Hosting network or on another provider's network.
- Using Mainframe Central Hosting's Services to interfere with the use of the Mainframe Central Hosting network by other customers or authorized users.
- Child Pornography and related materials: Hosting child pornography is NOT allowed; Any client found to be doing so will be canceled immediately upon discovery and reported to the proper authorities. (Legal pornographic material is allowed to be hosted.)
- Resource/Node Abuse: Mainframe Central Hosting reserves the right to cancel or suspend any account which Mainframe Central Hosting deems to be abusive or over-using resources outlined in the respective Customer's service plan. VPS accounts are subject to suspension without notice if it is found to be abusing the VPS node's resources. Resource/Node abuses include but are not limited to:
- I/O Abuse
- Network abuse
- CPU abuse
- Memory abuse
Specifically prohibited services:
- Denial of Service attacks
- Processor Intensive Bots (Such as Mining)
- Torrent Seedboxes (Private Trackers Allowed)
When hosting websites through any Mainframe Central Hosting Service, you agree to these terms:
- Website(s) can not contain any illegal content of any kind.
- Web Scraped material that is reported to Mainframe Central Hosting will lead to an instant suspension of client's account until all legal issues are taken care of, possibility of (client) termination could occur.
- D.M.C.A. (Digital Millennium Copyright Act) report; upon a DMCA report being filed to Mainframe Central Hosting, accused hosting account may be suspended for investigation, upon completion, client may be forced by hosting provider (Mainframe Central Hosting) to remove all DMCA material. If client fails to do so, hosting provider (Mainframe Central Hosting) withholds the right to terminate, permanently suspend, and (or) remove material themselves (Mainframe Central Hosting) as an act of the protection for the World Wide Web Copyright law.
- Abuse of Service in the event client uploads mass amount of files and (or) exceeds or abuses given bandwidth or storage by Company (Mainframe Central Hosting), client may be terminated or suspended by Company (Mainframe Central Hosting)
- Termination Mainframe Central Hosting withholds all rights to terminate any hosting service at any given time with no notice if the Compant (Mainframe Central Hosting) is within reason
Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:
- Indemnification. Customer agrees to indemnify and hold harmless Company (Mainframe Central Hosting), and the employees and agents of Company (Mainframe Central Hosting) (each an "Indemnified Party") against any losses, legal fees, claims, data-loss, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
- Limitation on Company Liability. Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products (including server interruption) to Customer(s) resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. No fees paid by the Customer to the Company, (Mainframe Central Hosting) shall be deemed refundable. The current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY'S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
- Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Customer as set forth in the Service Descriptions or Company as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (ii) five days after being sent, if sent by first class registered mail.
- Mainframe Central Hosting shall not be liable for delays or defaults. Mainframe Central Hosting shall not be liable for delays or defaults in furnishing goods or services hereunder, if such delays or defaults on the part of Mainframe Central Hosting are due to:
Acts of God or of a public enemy.
Acts of the United States or any state or political subdivision thereof.
Fires, severe weather including but not restricted to wind, water damage, floods, earthquakes, natural disasters, explosions or other catastrophes.
Embargoes, epidemics or quarantine restrictions.
Delays of supplier or delay of transportation for any reason.
Causes beyond the control of Mainframe Central Hosting (as determined by Mainframe Central Hosting), in furnishing items or services including, but not limited to, breakdown or failure of machinery or equipment, or delay in Client reporting problems or furnishing information or materials. Acceptance of delivery of goods or services shall constitute a waiver and release pertaining to Mainframe Central Hosting as an entity, by Client (Customer), for any claim for damages, setoff, discount or other liability on account of delay or other reason(s).
- Third Party Transactions at Client's Peril. The parties expressly recognize that Mainframe Central Hosting does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with Mainframe Central Hosting. Mainframe Central Hosting does not make any express or implied warranties, representations or endorsements TO CLIENT OR ANY THIRD PARTY whatsoever with regard to any information, products or services provided through Mainframe Central Hosting AND OBTAINED OR CONTRACTED OVER the Internet, including, without limitation, warranties of: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON INFRINGEMENT AND 7) TITLE. Mainframe Central Hosting shall not be liable TO CLIENT CUSTOMER OR ANY THIRD PARTY for any cost or damage arising either directly or indirectly from any transaction involving third parties' information, products or services. Jurisdictions that do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation, will be offset by Client's responsibility to personally indemnify Mainframe Central Hosting and it's affiliates from any liabilities, personal or otherwise and will reimburse Mainframe Central Hosting for total legal costs that may ensue from any legal process therein.
- Downloading of Data or Files at Client's Peril. The parties expressly recognize that Mainframe Central Hosting cannot and does not guarantee or warrant that files available for downloading through Mainframe Central Hosting will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Client agrees that it shall be solely responsible for implementing sufficient procedures to satisfy Client's particular requirements for accuracy of data input and output, and for maintaining a means external to Mainframe Central Hosting for the reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to Client, and access to such materials by Client is done at Client's sole risk.
- Miscellaneous. Failure by either Company (Mainframe Central Hosting) or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
- Domain Services Customers may register domains under their accounts for their own personal use. Free domains provided are only good for the life of your service. If you cancel the service the Free Domain will remain under Mainframe Central Ownership. Domains that are eligable to be transferred out to another domain provider are welcome to request a EPP Transfer code via Support Ticket, We reserve the right to collect a $5/per domain Transfer-out fee to process this for you.
- Licensing Mainframe Central Hosting is not responsible for licensing or copy-right infringments purportrated by the Customer hosted on Mainframe Central Hosting servers or services. In addition, if client is co-locating a server in the Mainframe Central Hosting facility, said Customer agrees to abide by all local and federal laws in regards to owning a legal license for software used and copy-right material.
- Cancellation Customer shall notify Mainframe Central Hosting staff for all service cancelation requests. Please write to info@Mainframe Central-hosting.co if you have any questions.
- Cross Collateral Mainframe Central typically does not offer services to clients before payment of invoices, However in some rare occasions for existing customers we may extend this offer. Should a invoice due for services already rendered remain unpaid we reserve the right to suspend all the clients services and products until all past due invoices are paid.
- CC Processing - Credit Card Processing is done via Stripe payment gateway and will automatically attempt to capture any cards on file with us until payment is recieved for any invoices within 3 day(s) of your due date. At ANY Time a staff member may capture your card for any open approved or generated invoices you have if seen fit.