Definitions
Use of Services
Excessive CPU, RAM, Bandwidth or Disk Space usage has the ability to compromise our shared hosting environment. This results from using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type, to the degree that your usage compromises the hosting accounts of our other customers.
Excessive resource usage — CGI scripts or other executable code that consumes an undue amount of CPU time (defined dynamically by MudahHosting at will) will be reprioritized if possible, or you will be asked to discontinue its use permanently or alter the script to operate in a less resource-hungry manner. Failure to cease operation of the offending executable will be considered server abuse. MudahHosting reserves the right to terminate any process which it deems to be using excessive resource usage.
Background processes — applications or utilities started from within an interactive shell login and set to run permanently in the background on a server — are not to be initiated without prior arrangement with us. We reserve the right to examine all code before it is run on the server. Running background processes without prior arrangement and confirmation in writing from MudahHosting is server abuse.
User rights to access compiler software are available upon request and arrangement. We reserve the right to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access. Compiling without prior arrangement and written confirmation is server abuse.
MudahHosting has allocated tools to ensure proper delivery of opt-in opt-out mailing lists and normal email. All full packages include access to the pre-installed Mailman Mailing List Software.
- Large mailing lists exceeding 500 subscribers must be sent using MudahHosting's pre-installed mailing list tools.
- If your mailing list exceeds 1,500 addresses, you must contact MudahHosting requesting permission before sending.
- Sending a large mailing through other software that disrupts normal services or creates unacceptable server loads risks account termination.
- Mailing lists operated on MudahHosting servers must be double opt-in with specific clear instructions to opt-out.
- Pornography — storage and transmission (inbound and outbound) is prohibited, except softcore erotic art with written permission obtained in advance.
- Warez, Copyright Software & Media — copyright software, warez, destructive applications, copyright media, proprietary computer information and hacking/cracking sites are strictly prohibited. Accounts storing or transmitting files that violate copyright or other laws are grounds for instant termination.
- Warez Sites — MudahHosting has a zero-tolerance policy. Sites found trading pirated software will be reported to all regulatory, administrative, and/or governmental authorities for prosecution.
Common examples of abusive practices include:
- Email Abuse — Unsolicited Commercial Email (Spam) is implicitly forbidden and is grounds for immediate termination.
- Illegal Content Trafficking — Utilization of your account to traffic illegal content by any means or method is banned.
- IRC Sessions — Using MudahHosting servers to run an IRC session, IRC bots, IRC servers, IRC proxies, BNC/eggdrops/bouncers is grounds for immediate termination with no warning.
- Hacking / Denial of Service — Network activity constituting an attack on any internet host from MudahHosting is grounds for immediate termination and likely prosecution.
- Selling for Free — Reselling any portion of MudahHosting's services without charge is prohibited, including email services, scripts, FTP accounts, MySQL databases, applications, licences, webspace and bandwidth.
- Proxy Websites — Proxy websites and such are prohibited.
Any reselling of MudahHosting services is prohibited unless clearly stated otherwise. Portions of a cPanel shared account may not be resold under any circumstances. Only resources in WebHostManager may be resold under a reseller agreement (i.e. with the purchase of a reseller package).
- Only one promotion can be used when ordering. Multiple promotions cannot be combined.
- Only one promotion per paying account.
- MudahHosting reserves the right to refuse, revoke, or reduce the advertised time of a promotion with or without prior notice.
Storage Space & Backups
MudahHosting offers generous storage space so you can focus on building and operating your website. However, we are not a data or backup storage platform and do not condone the use of your storage space for such purpose.
- Operating a website whose main purpose includes file upload & sharing, media upload & sharing, archiving, distributing, backup and/or mirroring.
- Storage of large amounts of non-website files like PDF, ZIP, videos, images, music and various other files.
- Storage of contents or media not related to your active website.
- Storage of copyrighted materials which you do not own.
The customer retains full ownership of all data uploaded to MudahHosting's servers and will take full responsibility for the content.
Reseller Responsibility
The reseller customer is liable and responsible for all actions of their account and subaccounts. As a reseller customer, you agree to accept all responsibility and liability for your actions and the actions of your subusers either directly or indirectly.
- Terms of Service violations resulting from a subuser account being exploited — with or without your knowledge — are the responsibility of the reseller account holder.
- Reseller customers are responsible for the content of the accounts they create. If those accounts are hacked or abused, the reseller will be accountable for all costs and liability.
- The reseller account holder agrees to actively monitor subaccounts to ensure all accounts are abiding by MudahHosting's policies and Terms of Service.
- MudahHosting reserves the right to financially charge the reseller customer for any contract violation.
- If the reseller requests to change the main reseller account domain name, a USD $25.00 one-time admin fee is charged.
Uptime Guarantee
- Open a support ticket within 72 hours of the incident with your username, main account domain, and PayPal transaction/subscription ID.
- All requests after 72 hours will be void.
- The amount of compensation may not exceed the customer's monthly recurring charge.
- Uptime guarantee and crediting schedule do not apply to subaccounts created by reseller customers.
- Scheduled Network Maintenance
- Hardware Maintenance
- Software Maintenance
- Malicious Attacks
- Legal Actions
MudahHosting has the final say on uptime determination, based on our own monitoring systems. External monitoring statistics set up by customers will not be considered as evidence of uptime/downtime.
Payment & Bills
All accounts are set up on a pre-pay basis only.
- MudahHosting provides a 5-day no interest credit period to allow resolution of any payment issues. MudahHosting reserves the right to reduce the credit period at its own discretion at any time.
- MudahHosting reserves the right to impose a late fee for unagreed late payments, depending on situations.
- Your account will be suspended if outstanding bills have not been paid within 5 days or less. MudahHosting reserves the right to suspend an account anytime after the invoice is overdue.
- If outstanding bills are not paid in full and no further credit arrangements have been made, MudahHosting reserves the right to suspend or terminate all hosting accounts and deactivate all other services until all owed amounts have been paid in full.
- After account suspension, MudahHosting will not provide account backups unless the full outstanding bill has been paid before backups are deleted.
- MudahHosting reserves the right to impose a re-activation fee for accounts that have been suspended.
Refunds & Cancellations
- Within first 15 days — Eligible for a full refund for the Eco Plan Hosting account only (excluding Biz Plan Hosting), less our payment processor fee and any additional fees.
- After 15 days — Eligible for a pro-rated credit being added to your MudahHosting account. Any prorated refunds are calculated less any promotions or discounts applied.
- Free/paid additional services provided are deducted from the total refund amount and will not be refunded as part of the money back guarantee.
- If you have violated our Terms of Service, the money back guarantee no longer applies to you.
- Please allow up to 30 days for credits and refunds to be processed and applied to your account.
Support Restrictions
- MudahHosting does not provide full support for 3rd party scripts including all scripts listed in Softaculous, Installatron, WHMCS, and any other script unless explicitly stated. Tickets for 3rd party scripts are answered on a best-effort basis only, with no guarantee of resolution.
- The offer of any particular service does not constitute an obligation on MudahHosting's part to tutor the necessary skills to utilize that service — only to provide system-specific information.
- Problems with domain names/DNS issues are not directly the responsibility of MudahHosting. DNS is a cooperative system and unless the source is hardware directly under the control of MudahHosting, the task of acquiring a solution falls back to you. MudahHosting will advise when requested but rarely intermediates in domain issues not directly related to the operation of one of our DNS servers.
Lawful Purpose
MudahHosting reserves the right to refuse service to anyone. Customers may only use MudahHosting servers for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited, including but not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets.
The designation of any materials as such is left entirely to the discretion of MudahHosting management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Malaysia, and any dispute will be litigated or arbitrated in Malaysia in accordance with the laws of Malaysia..
Indemnification
Customer agrees that it shall defend, indemnify, save and hold MudahHosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees, asserted against MudahHosting, its agents, customers, officers and employees, that may arise or result from any service provided or performed or any product sold by Customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless MudahHosting against liabilities arising out of:
- Any injury to person or property caused by any products sold or otherwise distributed in connection with MudahHosting server.
- Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party.
- Copyright infringement.
- Any defective products sold to Customer from MudahHosting server.
Disclaimer
MudahHosting reserves the right to cancel/suspend/terminate your account at its own discretion with or without reason if it feels the account will cause damage to the organisation or for any other reason. MudahHosting reserves the right to alter the services provided at any time with or without notice.
All sub-networks, resellers and dedicated servers of MudahHosting must adhere to the policies mentioned herein. Failure to follow any term or condition will be grounds for immediate account deactivation.
Intellectual Property Rights
Material accessible to you through MudahHosting services may be subject to protection under copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use MudahHosting or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material which you access or receive through the MudahHosting network.
If you use a domain name in connection with MudahHosting or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Contract & Modifications
MudahHosting reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner without prior notice. All users of MudahHosting, and their clients, must comply with this AUP and our TOS at all times.
Contact Us
Have questions about these Terms of Service? Our support team is here to help.