Revision date: 01/11/2011
Digital Millennium Copyright Act (DMCA)
MitiHost.com complies with the Digital Millennium Copyright Act (DMCA). The DMCA provides requirements that must be followed to notify us that our Clients or End Users are engaging in copyright infringement.
These DMCA guidelines can be found here: http://www.copyright.gov/legislation/dmca.pdf
DMCA violations should be directed to the following email address: abuse@mitihost.com.
Prohibited Service Use
MitiHost complies with all United States of America laws and regulations.As such our clients must follow these same laws by the US Government and comply with all local laws. Failure to comply with laws governing the United States and local state, county and city laws will result in termination of Solutions. Laws dictating the use of internet Solutions and sites in other countries are also in effect.
It is the client’s responsibility to know the laws governing their usage of our Solutions.
Without question but not limited to are the following illegal activities
- Pirated media of any kind is not tolerated.This includes:
- Pirated software, scripts and templates
- Pirated Movies and Images
- Anything belonging to the realm or can be referred to as “Warez”
- Anything that violates the copyrights of others is prohibited
- Anything that violates the trademarks of others is prohibited
- Anything that violates the intellectual property of others is prohibited
- Phishing and Scams is prohibited
- Fraudulent activity of any kind such as fraudulent buying/selling of non-existent Solutions or items or with the attempt to defraud another individual or entity
- Impersonation of another individual, forgery of another individuals’ identity or media
- Credit card abuse, forgery and fraud
- Fraudulent Pyramid schemes
- Spam emailing, un-authorized mass distribution emails and solicitation
- Unsolicited email spamming is also in violation of the AUP
- Transmission of Virus, email bombs, adware, spyware is not allowed
- Malicious activity of any kind is not tolerated including but not limited to port scanning, hacking, ddos
- Unauthorized access into another individuals accounts and/or Solutions is strictly prohibited
Minors/Children
MitiHost does not allow any use or materials or schemes which may harm minors/children including, but not limited to child pornography.
Harrassment and Threats
MitiHost does not allow any material or actions that harasses another individual or entity.
MitiHost does not allow transmission of any material or action that may threaten bodily harm or damage/destruction of tangible and intangible property.
Network Disruption
Use of MitiHost Solutions to purposely or inadvertently cause disruption of network Solutions to MitiHost.com or other users, datacenters, PC’s is strictly prohibited. MitiHost reserves the right to immediately terminate, suspend and or ban clients at its discretion. Such activities may include Denial of Service (DDoS and DOS) attacks, IP spoofing, IP takeovers, brute force attacks, etc.
Improper Network Usage
While using MitiHost, the service may be suspended if any software/device is found to be engaged in continuous connections with other servers/Pcs/networks.
Such usage violation is determined at the discretion of MitiHost. If you believe your connection to another service may not cause issues, please contact MitiHost for permission to run this service.
This ban on certain software is used to protect MitiHost networks; if you have a valid application that requires consistent connections to another server/network, just ask for permission from MitiHost and MitiHost will review your request for authorization or deny if MitiHost finds it inappropriate.
The following continuous connecitons are never allowed but is not limited to:
- BitTorrent Trackers
- BitTorrent Seeders
- Bittorrent distribution
- IRC Servers
- IRC Connections
This software and/or Solutions directly violates MitiHost AUP and will result in cancellation and/or suspension without refund.
"Fair usage" on all shared Solutions
Due to the shared nature of many Solutions such as “VPS Hosting” and “Shared Hosting” or any service in which the client is not the sole user on the system; all clients using Shared Solutions/Servers must comply with our “Fair Usage” Policy.
Fair Usage requires all of our clients on a server to use a “fair share” of computing resources.Fair usage is defined as using within 10% of the average user on that node on average.Usage spikes are ok, but client average usage must be within 10% of other users on that server/node.
Fair Usage also requires each client to not adversely affect other users on their server/node or network.
MitiHost reserves the right to suspend/terminate clients/users which do not comply with our Fair Usage policy. Usually, MitiHost will notify the client of their violation of MitiHost Fair Usage and will be given at least 1 week to move their Solutions elsewhere. However, MitiHost reserves the right to terminate/suspend any service at any time if it is causing problems for other users.
Indemnification
By using MitiHost Hosting Solutions, the Client/User agrees to indemnify MitiHost.com from any damages/fault/responsibility for users Solutions.
The client agrees that in the case of data or service loss, the client will not hold MitiHost.com responsible for this loss or damages resulting in this loss.
The client agrees that MitiHost reserves the right to cancel or terminate any client and/or service at its sole discretion and without prior notification.
The client agrees to keep their own data and data backups separately and will not hold MitiHost.com responsible for any data lost or stored on MitiHost.com Servers.
Removal of materials and data
MitiHost may or may not return data to the client depending on the nature of the material.
MitiHost reserves the right to remove any materials and/or data which is in violation of the Acceptable Use Policy (AUP) and Terms of Service.This may include deletion of data which is in serious violation of US Laws such as child pornography, spying, homeland security, etc. Data/materials of this nature will not be provided back to the client upon discovery by MitiHost.
