My Hosting Bank Inc. is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities. Failure to follow any term or condition will be grounds for immediate account deactivation without notice. My Hosting Bank Inc. will be the sole arbiter as to what constitutes a violation of any of these provisions. Customer understands that prior to joining our services, they must agree to this policy. Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension. To report suspected abuses or any violations of these policies, please contact abuse @ My Hosting Bank Inc..com Sites We Do Not Host We do not permit the hosting of excessive Anime, Manga, Movies, MP3, Torrents and File Download sites whose "main/primary" purpose is for storage/archival and distribution. Such sites will be removed from My Hosting Bank Inc..com. Illegal Usage My Hosting Bank Inc. servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, 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. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to My Hosting Bank Inc. service agrees to indemnify and hold harmless My Hosting Bank Inc. from any claims resulting from the use of the service that damages the subscriber or any other party. My Hosting Bank Inc. will be the sole arbiter as to what constitutes a violation of this provision. Adult Content Due to special system and network requirements of adult oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Security Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Server Resource Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. My Hosting Bank Inc. shall be the sole arbiter of what is considered to be a high server usage level. CGI/PHP/ASP Scripts Cgi script sharing with domains not hosted by My Hosting Bank Inc..com is not allowed. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice. Chat Rooms My Hosting Bank Inc. does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option. My Hosting Bank Inc. does provide a choice of Java chatrooms which should meet most users' needs and run without hindering the performance of the machine of our servers. Background Running Programs and Cron Jobs My Hosting Bank Inc. does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. IRC My Hosting Bank Inc. does not allow IRC or IRC bots to be operated on our servers. Backups My Hosting Bank Inc. performs backups on all servers to ensure critical files are never lost. However My Hosting Bank Inc. is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existant backups. Client Responsibility The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of My Hosting Bank Inc.'s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of My Hosting Bank Inc. to provide this knowledge or support outside matter specific to My Hosting Bank Inc.servers. UCE (Unsolicited Commerce Email) - SPAM Spamming, or the sending of mass unsolicited email, from or through a My Hosting Bank Inc. server or using an email address that is maintained on a My Hosting Bank Inc. machine is STRICTLY prohibited. My Hosting Bank Inc. will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a My Hosting Bank Inc. server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension. Server abuse Any attempts to undermine or cause harm to a My Hosting Bank Inc. server or customer of My Hosting Bank Inc. is strictly prohibited. Any sub-networks of My Hosting Bank Inc. and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice. Software Distribution My Hosting Bank Inc..com's shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact sales @ My Hosting Bank Inc..com for special arrangement. Multimedia Files Multimedia files are defined as any graphics, audio, and video files. My Hosting Bank Inc..com Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files. Domain Names My Hosting Bank Inc..com will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. My Hosting Bank Inc..com does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk. We will make every effort to register, transfer and/or renew your requested domain name. This is not a guarantee that your requested domain name is available for registration, transfer and/or renewal. Your domain name may go unregistered, untransferred and/or renewed, due to circumstances beyond our control, such as registry, software and other problems or outages, and will not be grounds for compensation of financial loss. An order for domain name registration, transfer and/or renewal, does not guarantee domain name registration, transfer and/or renewal. Domain names will not be registered, transferred and/or renewed until payment is received. If requested domain name is paid for, to us and subsequently not registered, transferred and/or renewed by by, the domain registration fee will be refunded. If we register domain names on your behalf and you refute the entire charge or if we must issue a full refund, your domain name will be forfeited and your domain name becomes the property of My Hosting Bank Inc.. This also applies to any special promotional offers whereby a domain name is included as part of a promotional offer. Note, this only applies to domain names we register on your behalf. Database Any database stored on My Hosting Bank Inc..com servers shall be limited in size to 20% of the total disk space allotted for a particular domain. Actions Taken by My Hosting Bank Inc. The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. My Hosting Bank Inc. will be the sole arbiter as to what constitutes a violation of the AUP. My Hosting Bank Inc. reserves the right to remove any account without prior notice. When My Hosting Bank Inc. becomes aware of an alleged violation of its AUP, My Hosting Bank Inc. will initiate an investigation. During the investigation, My Hosting Bank Inc. may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, My Hosting Bank Inc. may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, My Hosting Bank Inc. will notify the appropriate law enforcement authorities of such violation. My Hosting Bank Inc. does not issue credits for outages incurred through service disablement resulting from AUP violations. My Hosting Bank Inc. customers agree to indemnify and hold harmless My Hosting Bank Inc. from any claims resulting from the use of our services that damages them or any other party. The My Hosting Bank Inc. service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. My Hosting Bank Inc. expressly disclaims any representation or warranty that the My Hosting Bank Inc. service will be error-free, secure or uninterrupted. No oral advice or written information given by My Hosting Bank Inc., its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. My Hosting Bank Inc. and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. Governing Law Customer understands that for all disputes, with regard to any of My Hosting Bank Inc. services or any term listed in this policy, the only jurisdiction that shall be used in determining liability is the court situated in Queensland, Australia. If My Hosting Bank Inc. is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse My Hosting Bank Inc. for its legal fees, costs and disbursements if My Hosting Bank Inc. is successful. You agree that the Courts of the State of Queensland, Australia are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery. Any notice required or permitted to be given by either party to the other under these conditions shall be in writing by: post email or fax but must be addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. If sent by email it shall, unless the contrary is proved, be deemed to be received on the day it was sent provided that it was sent prior to 5 p.m. or if sent by fax shall be deemed to be served on receipt of an error free transmission report provided that it was sent prior to 5 p.m., or if sent by post shall be deemed to be served one day following the date of posting. Any Schedule shall form part of the Agreement The Agreement shall in all respects be construed and operated in accordance with English Law and all parties agree to submit to the jurisdiction of the English courts Unless the right of enforcement is expressly provided, it is not intended that a third party should have the right to enforce any term of this agreement pursuant to the Contracts (Rights of Third Parties) Act 1999. Copyright © 2003-2009, My Hosting Bank Inc.. All Rights Reserved.

Severability
If any term or provision of this Agreement is found to be unenforceable for any reason, this Agreement shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.


Modification
My Hosting Bank Inc. reserves the right to add, delete, or modify any provision of this Policy at any time without notice.


Network Uptime & Credits
This policy also encapsulates our Network Service Level Agreement.


Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.