Terms and Conditions

Terms and Conditions/ Terms of Service (TOS)

This policy represents the Moksha Host Canada (1562343 Alberta Ltd.) Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Moksha Host Canada (1562343 Alberta Ltd.) customers agree to when they sign-up for any of the Moksha Host Canada (1562343 Alberta Ltd.) website hosting or other services. Moksha Host Canada (1562343 Alberta Ltd.) reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers. It is the customers responsibility to periodically review the TOS for updates.

Customers using any services offered by Moksha Host Canada (1562343 Alberta Ltd.) agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with Moksha Host Canada (1562343 Alberta Ltd.). Moksha Host Canada (1562343 Alberta Ltd.) retains the sole discretion to make judgment regarding any violation by any Moksha Host Canada (1562343 Alberta Ltd.) customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund and/or, if deemed appropriate, be legally prosecuted.

General Provisions

In consideration for Moksha Host Canada (1562343 Alberta Ltd.) maintaining one or more accounts (each “Account”), you, as the Moksha Host Canada (1562343 Alberta Ltd.) customer, agree to the following terms of service.

Definitions

  • “We” “Us” or “Provider” or “Moksha Host Canada (1562343 Alberta Ltd.)” – Moksha Host.ca
  • “You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or other service or is a designate of anyone who applies for internet service or other service.

Disclaimer of Warranty

The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.

Moksha Host Canada (1562343 Alberta Ltd.) however, offers a 99.5% uptime target. This is valid for only the Moksha Host Canada (1562343 Alberta Ltd.) servers and our primary co-location internet connection. Moksha Host Canada (1562343 Alberta Ltd.) shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, Green Geeks is not responsible for any down time caused by any provider’s hardware or network malfunction which is outside of Moksha Host Canada (1562343 Alberta Ltd.) capability to directly correct. Moksha Host Canada (1562343 Alberta Ltd.) clients are diverse and their websites and the function of those websites are diverse and Moksha Host Canada (1562343 Alberta Ltd.) cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.

MOKSHA HOST CANADA (1562343 ALBERTA LTD.) MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Moksha Host Canada (1562343 Alberta Ltd.) nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Moksha Host Canada (1562343 Alberta Ltd.), even if Moksha Host Canada (1562343 Alberta Ltd.) has been advised to the possibility of such damages.

Limitation of Liability

IN NO EVENT SHALL MOKSHA HOST CANADA (1562343 ALBERTA LTD.) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Moksha Host Canada (1562343 Alberta Ltd.). SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Moksha Host Canada (1562343 Alberta Ltd.). SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Moksha Host Canada (1562343 Alberta Ltd.) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Moksha Host Canada (1562343 Alberta Ltd.). MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Moksha Host Canada (1562343 Alberta Ltd.) FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, MOKSHA HOST CANADA (1562343 ALBERTA LTD.). LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW

Indemnification

You agree to indemnify, defend and hold Moksha Host Canada (1562343 Alberta Ltd.) and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Moksha Host Canada (1562343 Alberta Ltd.). servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Moksha Host Canada (1562343 Alberta Ltd.). equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Moksha Host Canada (1562343 Alberta Ltd.). gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

Choice of Law

This Agreement shall be interpreted under the laws of Calgary, Alberta, Canada without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Court of Calgary, Alberta, Canada. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

Services Provided By Moksha Host Canada (1562343 Alberta Ltd.)

Moksha Host Canada (1562343 Alberta Ltd.) will provide Internet server rental (“the Service”) to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Moksha Host Canada (1562343 Alberta Ltd.) members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Moksha Host Canada (1562343 Alberta Ltd.) members will use the provided services in a manner consistent with any and all applicable laws. Moksha Host Canada (1562343 Alberta Ltd.) provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Moksha Host Canada (1562343 Alberta Ltd.) reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Moksha Host Canada (1562343 Alberta Ltd.) can terminate client’s account without notification.

MokshaHost.ca provides timely website hosting support to our clients through emails, chat (at times) and/or at times, by phones. By accepting your client contract agreement with MokshaHost.ca you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of MokshaHost.ca and any employee or contractor of MokshaHost.ca.

Moksha Host Canada (1562343 Alberta Ltd.) will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at anytime by following the instructions at the bottom of those e-mails.

Client Content

Client agrees that web pages and files uploaded to servers will not violate any provincial, state, national or foreign laws or regulations; infringe on any intellectual property rights of Moksha Host Canada (1562343 Alberta Ltd.) or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Moksha Host Canada (1562343 Alberta Ltd.) or any third party. Customers may not run IRC, bots or clients. Clients may not use Moksha Host Canada (1562343 Alberta Ltd.) servers for file storage unrelated to the client’s website, storage Space is for active website file pages only. Moksha Host Canada (1562343 Alberta Ltd.)‘ shared hosting account holders may not act as a reseller, which means that clients may not host any websites in their addon domains that are not domains owned by the client on record at Moksha Host Canada (1562343 Alberta Ltd.). You will need to opt-in for our reseller hosting service. Unacceptable uses alsoinclude: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing websites. Moksha Host Canada (1562343 Alberta Ltd.) will be the sole and final arbiter as to what constitutes a violation of this policy. Moksha Host Canada (1562343 Alberta Ltd.) does not normally monitor the contents of clients servers, however if suspicion occurs, Moksha Host Canada (1562343 Alberta Ltd.) reserves the right to investigate and terminate the clients subscription to the service.

Unlimited Features

What do you mean by “unlimited disk space and bandwidth/data transfer”?

We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked “Unlimited”. We want you to have the resources available to you to build a great online presence.

Even though we want you to succeed, we need to ensure that we’re providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business website.

If a customer’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice.

Excessive Resource User Policy

Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. Moksha Host Canada (1562343 Alberta Ltd.) offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Moksha Host Canada (1562343 Alberta Ltd.) control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using “Excessive amounts of resources” when it consumes 100% of 1 CPU core, and/or 1 GB Memory, 20 concurrent connections and/or 75,000 files also known as “Computing Resources”, and/or “Resources”, and/or “Resource Usage”. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. Moksha Host Canada (1562343 Alberta Ltd.) will make every reasonable effort to notify customer prior to suspension, however, Moksha Host Canada (1562343 Alberta Ltd.) may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using “excessive resources” may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. Moksha Host Canada (1562343 Alberta Ltd.) will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.

No “Spam”

UCE/UBE or “Spam” originating from a server located on our network or associated with a Moksha Host server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the Moksha Host Canada (1562343 Alberta Ltd.) network but is sent from an e-mail address not associated with that Moksha Host Canada (1562343 Alberta Ltd.) account. Client shall not use their Moksha Host Canada (1562343 Alberta Ltd.) services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Moksha Host Canada (1562343 Alberta Ltd.) reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.

Excessive Exploits

Moksha Host Canada (1562343 Alberta Ltd.) allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script or MokshaHost.ca reserves the right to terminate that clients’ account and provide them with a prorated refund (where applicable).

False Information

Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact Moksha Host Canada (1562343 Alberta Ltd.) concerning unethical, false or unlawful activities by you, Moksha Host Canada (1562343 Alberta Ltd.) reserve the right to suspend or terminate your service with or without notice.

Licensed Software Only

Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.

Backup Files

Moksha Host Canada (1562343 Alberta Ltd.) provides the tools needed to create back ups of account data. Moksha Host Canada (1562343 Alberta Ltd.) also backs up its servers and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Moksha Host Canada (1562343 Alberta Ltd.) does not provide or keep records or copies of our clients website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion. Where applicable, we will make best efforts to assist you with any recovery efforts although there is no obligation.

Payment Obligations

Full payment is required in advance before hosting service is established. Moksha Host Canada (1562343 Alberta Ltd.) sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.

You warrant and represent that the information you supply in the Order Form (or other information that Moksha Host Canada (1562343 Alberta Ltd.) may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client’s responsibility to ensure that payment is made to Moksha Host Canada (1562343 Alberta Ltd.) prior to the renewal date and although Moksha Host Canada (1562343 Alberta Ltd.) sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying Moksha Host Canada (1562343 Alberta Ltd.), the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full.

Renewals

It is the obligation of the Moksha Host Canada (1562343 Alberta Ltd.) customer to know when their account comes up for renewal and if their intention is to non renew their account they must fill out the Moksha Host Canada (1562343 Alberta Ltd.) cancellation form 5 business days prior to their account’s renewal date to ensure that Moksha Host Canada (1562343 Alberta Ltd.) billing department receives the cancellation request well in advance of the renewal date so that they can stop any renewal charges. Moksha Host Canada (1562343 Alberta Ltd.) clients receive email notification 15 days prior to the renewal date of their account informing them that their renewal date is approaching. It is the customer’s responsibility to ensure that Moksha Host Canada (1562343 Alberta Ltd.) has a valid email address for which we can send out renewal notices to our clients. If Moksha Host Canada (1562343 Alberta Ltd.) does not receive a cancellation request prior to the customer’s renewal we will renew the clients’ account 24 hours prior to the renewal date and we will apply the appropriate charges. Accounts will be automatically renewed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). The 30 day money back guarantee, if no free period has been applied to the customer account (i.e: 1 free month) applies only to the start date of the clients’ service with Moksha Host Canada (1562343 Alberta Ltd.) and does not apply to renewals of service.

Late Fees

Clients have the option to pay an invoice at any time by logging into their Moksha Host Canada (1562343 Alberta Ltd.) account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than four days (the grace period), the account is automatically suspended and a $15.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus $15.00 must be submitted to Moksha Host Canada (1562343 Alberta Ltd.).

Currency

All prices listed are in US Dollars ($) or Canadian Dollars (CA$, CAD, $ CA, $), for all services & server locations unless otherwise specified.

Cancellation & Refunds

Should you become dissatisfied with our services within the first 30 days of your account activation, Moksha Host Canada (1562343 Alberta Ltd.) will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are $24.95/yr. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Moksha Host Canada (1562343 Alberta Ltd.) hosting service within the 30 day money back guarantee.

In addition refunds are not available for additional services such as, but not limited to domain names, dedicated IP’s, SSL certifiates, CDN, professional services, etc. Add-on services that are activated and are included in the hosting package will not be refundable if cancelled within 30-days.

website files are the responsibility of the Moksha Host Canada (1562343 Alberta Ltd.) customer and should a Moksha Host Canada (1562343 Alberta Ltd.) customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the website files and any emails from the Moksha Host Canada (1562343 Alberta Ltd.) server prior to requesting that Moksha Host Canada (1562343 Alberta Ltd.) cancels their account. Once the cancellation request has been submitted to Moksha Host Canada (1562343 Alberta Ltd.) a cancellation of the website hosting service may occur anytime after the request is received by Moksha Host Canada (1562343 Alberta Ltd.) and when a cancellation request is completed the client’s hosting account with Moksha Host Canada (1562343 Alberta Ltd.) and their website files are permanently removed from the Moksha Host Canada (1562343 Alberta Ltd.) servers. Therefore again it is the client’s obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request.

99.5% Service Level Target “SLT”

Moksha Host Canada (1562343 Alberta Ltd.) offers its clients a 99.5% network uptime target for customer satisfaction purposes and also to ensure that your business is running problem free. Moksha Host Canada (1562343 Alberta Ltd.) will try to maintain maximum uptime. Moksha Host Canada (1562343 Alberta Ltd.) is not responsible for any downtime caused by the client.

30 Day Money Back Guarantee

Moksha Host Canada (1562343 Alberta Ltd.) offers an unconditional 30-day money back guarantee that covers cancellations on shared hosting, reseller hosting and VPS hosting made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees, domain name or add-ons (included and/or purchased) are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations & dedicated servers are also non-refundable. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are $24.95/yr. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Moksha Host Canada (1562343 Alberta Ltd.) hosting service within the 30 day money back guarantee. Any questions regarding the 30-day money back guarantee should be forwarded to billing@mokshahost.ca.

Acceptable Use Policy

This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into Moksha Hosts Canada’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. Moksha Host Canada may modify this AUP at any time without notice.

The Services provided by Moksha Host Canada may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Moksha Host Canada reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.

  • Prohibited Uses
    • Infringement of Intellectual Property Rights.
      • Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.
      • If you believe that your intellectual property rights are being infringed upon, please email legal@mokshahost.ca. For copyright infringement claims, Moksha Host Canada follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures. Please submit your notice to legal@mokshahost.ca
    • Using a shared account as a backup/storage device.
  • You may not use a shared hosting account as a backup/storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
  • Unacceptable Material
    • Unacceptable material on our servers include without limitation:
      • Topsites
      • IRC Scripts/Bots
      • IRCD (irc servers)
      • Proxy Scripts/Anonymizers
      • Image Hosting Scripts (similar to Photobucket or Tinypic)
      • AutoSurf/PTC/PTS/PPC sites
      • IP Scanners
      • Bruteforce Programs/Scripts/Applications
      • Mail Bombers/Spam Scripts
      • Banner-Ad services (commercial banner ad rotation)
      • File Dump/Mirror Scripts (similar to rapidshare)
      • Commercial Audio Streaming (more than one or two concurrent streams)
      • Escrow/Bank Debentures
      • High-Yield Interest Programs (HYIP) or Related Sites
      • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
      • Sale or distribution of any controlled substance without prior proof of appropriate permit(s)
      • Prime Banks Programs
      • Lottery/Gambling Sites
      • MUDs/RPGs/PBBGs
      • Hacker focused sites/archives/programs
      • Sites promoting illegal activities
      • Forums and/or websites that distribute or link to warez/pirated/illegal content
      • Bank Debentures/Bank Debenture Trading Programs
      • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
      • Mailer Pro
      • Push button mail scripts
      • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
      • Tell A Friend Scripts
      • Anonymous or Bulk SMS Gateways
      • Bitcoin Miners
      • PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc).
      • Ponography
    • Child Pornography Prohibited.
  • Content that is potentially harmful to minors, as determined in Moksha Host Canada’s sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice and be reported to law enforcement authorities.
    • Other Prohibited Content.
  • We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.
  • Unacceptable Resource Usage
    • You may not:
      • Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
      • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
      • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
      • Run any software that interfaces with an IRC (Internet Relay Chat) network.
      • Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
      • Participate in any file-sharing/peer-to-peer activities
      • Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
      • Run cron entries with intervals of less than fifteen (15) minutes.
      • Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.
      • Include the URL when using PHP include functions for including a local file. Instead of including ‘http://yourdomain.com/include.php’, use ‘include.php’ or ‘/home/username/public_html/include.php’.
      • Force html to handle server-side code (like php and shtml) to help reduce usage.
      • Use https protocol unless it is necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
    • INODES.
  • The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.
  • User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: “:fail: No such user here”.
  • Zero Tolerance Spam Policy
    • We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice.
    • Websites advertised via spam (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the “ROKSO” may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
    • Moksha Host Canada reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.
    • Moksha Host Canada reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.
  • Defamation Policy
  • Websites hosted on Moksha Host Canada’s servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, Moksha Host Canada’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, Moksha Host Canada is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question. This applies to servers in Canada or other regions.
  • AUP Violations
    • Resellers.
  • If there is a violation of this AUP by one of a reseller’s client’s account, Moksha Host Canada will suspend the website in question and will notify the reseller so that the reseller can terminate the account. Moksha Host Canada may, but is not obligated to, monitor the account or website for any subsequent violations. The occurrence of additional violations may result in the immediate termination of your reseller account.
    • Direct customers.
  • Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency.
    • A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.

 

    • If you feel you have discovered a violation of our AUP please report it to: legal@mokshahost.ca