Privacy
MellowHost will not sell, distribute, reveal, or otherwise make available
any customer information. We contribute our time and help to anti-spam
organizations. We are involved 100% in prosecuting spammers. Should we need
to contact you directly regarding your specific account or service we will
do so via email only. If you are a member of our forum, you may receive
mailings from us, as required to receive server announcements. You are free
to request to not receive notifications/emails at any time from within your
user panel at our forum.Satisfaction Guaranteed
30 Day Guarantee Statement
Shared and Reseller Accounts
If for any reason you are unhappy with the services you receive from
MellowHost during the first 30 days of service, you may request in writing
via email or by our cancellation form (as mentioned below) that your
services be discontinued at which time you will receive a full refund. You
must also state a detailed reason as to why you are cancelling (as we
request for any cancellation, no matter the time frame). We are the sole
arbiter as to if your reason is a valid reason and if all possible steps
were taken on your side and on ours to correct the situation causing the
interest to cancel.
New Accounts
All new web hosting accounts purchased on are not set up instantly by our
system. It will be needing activation by a team member pending security
check and you will receive two (2) emails including login details after your
purchase activation. Due to unforeseen complications with various mail
servers and any connection problems between your ISP and MellowHost, this
process may sometimes be delayed.
Payments
When you subscribe to our services, you are subscribing to a pre-paid
service. All payments will be charged using Paypal or Moneybookers Account. Renewal notices are sent severals times via email from 7 to 0 days
before the renewal date. Accounts 7 days past due will be disabled. Accounts
15 days past due will require a $15.00 USD fee to enable. We only accept
PayPal and Moneybookers for payment of services. In the event that
your yearly charge is denied and we are unable to contact you, then the
aforementioned fees to enable your account shall apply. Please address any
questions regarding payment to MellowHost sales.
Cancellations
Master Reseller Accounts - If you wish to cancel your services, you must
write to sales or request a Cancellation from your clientarea.
If you cancel your account and your payments still continue for any
reasons such as 1) by fault of MellowHost staff 2) by fault of the payment
processor 3) by fault of any other payment collection company we are not
responsible for any overdraft fees that are issued by your financial
institution.
Overage Charges
Our service plans are designed to accommodate the majority of usage
scenarios given the needs of our customers. However, your usage may vary and
require additional allocations, specifically in the areas of storage and
traffic. We will never charge your card automatically if your account
requires more resources. You must keep your email address updated within
your cPanel, so that you may receive an email when your account reaches
certain limits determined solely by our system, ie. bandwidth exceedment
warning at 80% at which time you may contact us to purchase a higher
transfer quota for your account. If you do not contact us, the system will
suspend your site if your allotments exceed.
Refunds/Account Termination
If, for any reason, MellowHost fails to deliver said services, a prorated
refund will be issued. No refunds will be issued if abuse of our stated
policies forces MellowHost to suspend or terminate your services
prematurely.
In the event you request account cancellation, once your service has been
cancelled your account will be suspended from use. It will then be deleted
within 30 days. If for any other reason your account becomes suspended and
remains suspended it will be deleted after a 30-day period.
Content
MellowHost believes in freedom of speech; however, any content (written,
visual, or implied) in the following areas will not be tolerated and is
grounds for immediate suspension of service (in most cases customer will be
allowed a zip file of their files): racism or prejudice due to color, creed,
or belief; profanity or obscene language towards anyone but yourself; any
violent/malicious content. We do allow legal adult content. We prefer that
you self-govern your content and are responsible as to what your website
provides. We do not have the resources and time needed to govern our servers
constantly which have growing and evolving content. However, if MellowHost
is made aware of any questionable content on a MellowHost-hosted site, we
will address the concerns directly with you and seek an amiable resolution.
If anyone contacts us about content they have found on a MellowHost server
that copyrights their own material or that they wish to be removed, we
require legal documentation to take any further action. We do not
allow Web Proxy Services / Scripts or file hosting services on our Server.
No remote uploading/processng scripts usage like rapidleech, Phpmusicsearch,
rapidshare premium link generator etc etc are not allowed in our server.
Torrent seeding using torrentflux or similar script may also cause a
suspention in our network immediately. You are also not allowed to host an
Image Hosting site with us which takes lots of cpu resources and abuse the
server memory. Altough, we do allow video streaming using FFMPEG on the
server till you are in the acceptable cpu range, though if malicious
material is found through a complaints from abuse department, certain action
will be taken at an urgent manner. You are not allowed to run any cron less
than 30 minutes
Opt-in Email Marketing
If you choose to engage in marketing your site and/or services via email
please heed the following. The only permitted form of email marketing is
that in which the list is “opt-in”. By definition, opt-in is where people
provide you with their email address specifically requesting to be on your
email list for information about your site and/or service. If we find your
account trasnmitting email to persons that did not authorize such activity,
that is grounds to suspend and terminate your site. Note: On the flip side,
the joining of an opt-in email list does not guarantee the legitimacy of
such a list. Please contact us before taking any steps so that you will not
be a victim of spam from second and third parties of such lists.
UCE, UBE, Spam
MellowHost has a zero tolerance policy regarding unsolicited commercial
email (UCE) and unsolicited bulk email (UBE) also known as “spam”. The
definition of spam:
An electronic message is “spam” IF: (1) the recipient’s personal identity
and context are irrelevant because the message is equally applicable to many
other potential recipients; AND (2) the recipient has not verifiably granted
deliberate, explicit, and still-revocable permission for it to be sent; AND
(3) the transmission and reception of the message appears to the recipient
to give a disproportionate benefit to the sender.
You will be cited with “UCE/UBE Abuse” if you send any email to persons
who have not specifically asked to receive email from you. The sending
origin of such email is irrelevant. Upon confirmation of abuse, any
MellowHost customer engaging in this practice will have their service
suspended. Not only does spam place a strain on the server that can
negatively effect that server’s uptime record and performance record, you
subject that server to the possibility of being blacklisted.
If your site will be sending mailings out to subscribers, this is a
checklist of what you are required to do:
# You must not try to hide, forge or misrepresent the sender of
the e-mail and sending site of the e-mail.
# Bulk mailings must specifically state how the persons’ e-mail
addresses were obtained and must indicate the frequency of the mailing.
# Bulk mailings should contain simple and obvious unsubscribe
mechanisms. We recommend that this be in the form of a working link
to a one-click unsubscribe system; however, a valid “reply to:” address may
be used instead.
# All subscription based e-mail must have valid, non-electronic,
contact information for the sending organization in the text of
each e-mail including either a phone number or physical mailing address.
# All bulk e-mail must be solicited, meaning that the sender has an
existing and provable relationship with the e-mail recipient and the
recipient has not requested not to receive future mailings from the sender.
Documentation of the relationship between the sender and the recipient must
be made available to AOL upon request.
Prohibited Uses of MellowHost Hosting Systems and Services Regarding Spam
# Sending Unsolicited Bulk Email (”UBE”, “spam”). The sending of any form
of Unsolicited Bulk Email through MellowHost servers is prohibited.
Likewise, the sending of UBE from another service provider advertizing a web
site, email address or utilizing any resource hosted on MellowHost servers,
is prohibited. MellowHost 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 MellowHost 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 MellowHost-hosted domain,
or referencing any MellowHost account, is prohibited.
# 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.
Liabilities
MellowHost, makes no endorsement, claims, or promises regarding the services
offered by our customers and will not be held liable for any disputes or
claims against said customers. In no event shall MellowHost be liable for
any direct, indirect, incidental, consequential, special and exemplary
damages, or any damages whatsoever, arising from the use or performance of
this web site or from any information, services or products provided through
your web site. We are not responsible for any content on any server in our
network and will not take any action against any questional material or
action until the website in question is brought to our attention by emailing
us.
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