1. APPROPRIATE USE OF THE SERVICES.
You agree to the terms of our Acceptable Use Policy, which are stated at in full at http://www.meanservers.com/tos-aup.php#aup Mean Servers Limited shall be entitled to immediately terminate this Agreement if Mean Servers Limited determines that your account is in violation of any portion of its Acceptable Use Policy or Terms of Services. You agree to be bound in full to the Terms of Services and Acceptable Use Policy laid herein this page.
2. PAYMENT OBLIGATIONS
All services provided by Mean Servers Limited are due and payable in advance of services being provided. Mean Servers Limited accepts VISA, MasterCard, Novus (Discover) and American Express credit/debit cards, PayPal and BitCoin. If you have chosen to pay via credit/debit card or PayPal, your credit/debit card or PayPal account will be automatically debited two days before your renewal/invoice due date. Clients with a credit balance will automatically have their credit applied to generated invoices at the time of invoice generation. If a balance remains on the invoice that the credit does not cover, the client must ensure timely payment to avoid late fees. It is the clients responsibility to ensure their most up-to-date credit card information is on file. If the client elects to pay via PayPal, it is the clients responsibility to ensure payments are received on time.
Any invoices that have not been paid within seven days of being delivered via email will be considered past due, and your account will be considered delinquent (i.e. your renewal date or service anniversary date). In the event that your account be considered delinquent, we will contact you via email to request payment. If payment is not rendered in one day after a request for payment (i.e. one day after your renewal date/invoice due date), your account will be suspended. If your account is suspended, you will have to pay any balance due plus a reconnection fee for Mean Servers Limited to restore service. No services will be reconnected until all outstanding balances, including late fees, have been paid in full. Current reconnection fees are 10% of your total outstanding balance with a minimum fee of $5.00. If you would like your account reconnected after business hours, you will be charged a minimum reconnection fee of $200, web hosting and all virtual private server plans are exempt from the after hours reconnection fee. If it takes more than one hour to reactivate your account, any additional time required will be billable at $200 per hour, in 15 minute increments. Standard business hours are 09:00 to 17:00 Monday through Friday excluding national holidays.
Mean Servers reserves the right to suspend all services should an invoice be overdue. Accounts that have not been paid within 7 days of being suspended will be terminated and account information permanently deleted from the server. Clients that have their accounts terminated due to an outstanding invoice are still responsbile for said invoice, failure to pay may result in an entry in FraudRecord until all invoices are paid in full. Mean Servers may choose to waive these fees at its sole discretion but by no means will be required to.
Billing disputes must be made in writing within 30 days of the original invoice date. Any disputes after the initial 30 days will be considered null and void. Courtesy invoices are supplied via e-mail seven days before the recurring billing date. It is the customer's responsibility to verify that the charges are appropriate and submit any disputes immediately.
If Client chooses to register a domain name(s) through Mean Servers Limited, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Mean Servers Limited does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Mean Servers Limited and agrees to pay any and all fees incurred by Client. Clients will not be eligible for refunds of any kind. Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month and they just renewed on the 12th, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded.
Notice of intent to cancel services must be made at least 48 hours BEFORE your renewal date, failure to do so will cause you to be charged an additional month. Cancellations MUST be made through the client area, to cancel your services login to the client area and then click Services at the top then My Services from the drop down menu. On the next page, click the down arrow next to the service you wish to cancel and click Request Cancellation. Fill out the form and select when you would like your cancellation to take place, immediate cancellations will take place between that very second and midnight the next day. If you choose End of Billing Period, your service will remain active until your renewal date and then terminate, you will not be billed again unless the cancellation request was made less than 48 hours before renewal date. Cancellation requests made through ticket requests or phone requests will be pointed to this policy and will be consider not to be cancelled. No refunds or prorated credit will be given for those wishing to cancel their services before the renewal date.
If client disputes a charge initiated by Mean Servers for any reason, Mean Servers will suspend the users account and all associated services until the dispute has been resolved. Client will be responsible for any and all costs incurred by Mean Servers in regards to the dispute including the original amount disputed and fees associated with initiating such a dispute. In addition, clients opening a PayPal dispute will be subject to a $50 administrative fee and clients opening a credit card dispute will be subjected to a $150 administrative fee.
Should Mean Servers Limited be required to retain professional services in direct relation to client's site (such as law enforcement / IRS / legal actions), client shall be responsible for all third party expenses, in addition to administrative fees incurred by Mean Servers Limited.
Mean Servers Limited shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Mean Servers Limited.
Overpayments, including payments made via PayPal subscription after the submission of a cancellation notice, will be applied as a credit to your account with Mean Servers for future use. Credits applied to your account do not expire and can be used at anytime, for any service including transferring said credit to another Mean Servers client should you so choose. It is the clients sole responsibility to cancel PayPal subscriptions when cancelling their services with Mean Servers. Overpayments, payments after the fact, and outstanding credits will not be refunded.
Mean Servers Limited only provides refunds on a case-by-case basis and at it's sole discretion. In the event Mean Servers does decide to refund a customer, a 20% administrative fee will be subtracted from the original amount along with any one-time fees, licensing fees, or management fees that were incurred during the order process. Under no circumstance will clients be refunded due to accidental cancellations initiated by the client, invoices containing a contract greater than month-to-month, buyers remorse, invoices incurred due to violations of our Acceptable Use Policy or Terms of Services, invoices incurred due to overages, or invoices incurred resulting from the request of server management. The inability of a client to properly manage an unmanaged plan sold by Mean Servers is not a reason for issuance of a refund.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Mean Servers Limited be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Mean Servers Limited from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION, REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month, quarter-to-quarter, biyearly-to-biyearly, or year-to-year basis depending on the initial contract you choose when ordering services unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must follow the instructions in Section 2, Paragraph 7 of our Terms of Services agreement. Sections 3 - 9 shall survive termination or expiration of this Agreement.
Mean Servers reserves the right to increase service prices when necessary with 30 days notice via the Announcements section of the client area (https://www.meanservers.com/billing/announcements.php). Clients that have elected to pay in longer terms than one month will not be affected until their current term expires. It is the clients responsibility to check the Announcements page periodically as emails will not be sent regarding pricing increases.
Client will pay and indemnify and hold Mean Servers Limited harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
Clients that violate Mean Servers Terms of Service or Acceptable Use Policy will be reported to Fraud Record which may affect your eligibility to receive services from web hosts in the future.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE MEAN SERVERS LIMITED SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE MEAN SERVERS LIMITED SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. MEAN SERVERS LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MEAN SERVERS LIMITED SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL MEAN SERVERS LIMITED BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE MEAN SERVERS LIMITED SITE OR ANY MEAN SERVERS LIMITED PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL MEAN SERVERS LIMITED CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US) OR EQUAL TO ONE MONTHS WORTH OF FEES, WHICH EVER IS LESS.
8. LAWFUL PURPOSE
Mean Servers Limited reserves the right to refuse service to anyone. Customers may only use Mean Servers Limited server for lawful purpose. Transmission of any material in violation of any United States Federal, State or Local regulation is prohibited. This includes, but is 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 described above is left entirely to the discretion of Mean Servers Limited management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Denver County, Colorado, and any dispute will be litigated or arbitrated in Denver County, Colorado. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Denver County courts.
9. DATA LOSS
Mean Servers Limited is not responsible for any data loss. Customers are strongly encouraged to and are responsible for keeping local backup files of all sites. Any backup services provided by Mean Servers Limited are at our discretion and are not guaranteed unless otherwise specified under a separate contract. Restoration of files from backup may incur restoration fees per restoration, $25 for shared hosting accounts, $50 for VPS accounts, and $100 for dedicated server accounts. Those requiring a selective/partial restore will be charge an additional $50.
10. CUSTOMER EQUIPMENT
Packaging for any hardware sent to Mean Servers Limited will be discarded unless otherwise requested. Packaging may be returned to Customer at Customer's sole expense if requested prior to package receipt. Any packaging material stored at Mean Servers Limited premises will be subject to monthly storage fees. Customer will be responsible for providing appropriate packaging materials for any hardware to be shipped from Mean Servers Limited, as well as associated shipping expenses and labor charges to process items for shipping. Customer equipment not picked up within 3 days of service termination will be subject to storage fees and/or considered abandoned and will become property of Mean Servers Limited. Any outstanding balances must be paid prior to equipment being picked up or shipped. Mean Servers Limited reserves the right to sell/auction hardware to settle delinquent account balances.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Mean Servers Limited.
Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it's conflict of law rules.
This Agreement and Mean Servers Limited policies are subject to change by Mean Servers Limited without notice. Continued usage of the Services after a change to this Agreement by Mean Servers Limited or after a new policy is implemented and posted on the Mean Servers Limited Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Mean Servers Limited Site for any changes or additions.
11. PROMOTIONAL CODES AND DISCOUNTS
Mean Servers may from time to time, issue promotional codes or discounts. Any discounts applied from the use of the promotional code during the order process shall be applied until their expiry, if applicable. Certain addons such as software licenses, server management fees, additional IP addresses will be discounted ONLY for the first invoice. The price of these addons on subsequent invoices will be billed at the full amount as discount codes are intended for "core" packages only, not configurable addons. Mean Servers may continue to apply discounts to certain addons at its sole discretion but by no means is obligated to do so. Mean Servers also reserves the right to remove discount codes for clients who violate these terms of services or acceptable use policy immediately and retroactively. Those whose only violation is paying late will not have their promotional codes removed.
12. IP ADDRESSES
All IP address allocations remain the property of Mean Servers Limited and at no point should the assignment of said IP addresses constitute the transfer of ownership. Client agrees that IP addresses assigned for their use is only temporary and Mean Servers may revoke said IP address or IP addresses at anytime for violations of our Terms of Service, Acceptable Use Policy, failure to submit a justified reason as per ARIN policy for the usage of said IP address, or the termination of services whether initiated by client or Mean Servers. Clients requesting more than four IP addresses are required to fill our our IP Address Justification Form within 2 business days of their order. Should the justification for said IP addresses be found insufficient, client agrees to relinquish control of said IP addresses within 24 hours of said finding. No refund will be given when IP address requests are found to be unjustified, a credit equal to the amount paid for said IP addresses will be applied to the clients Mean Servers account instead. It is recommend to get approval for additional IP addresses before ordering them to ensure your reasons are justified.
Mean Servers requires all clients to resubmit a IP Address Justification Form every year on the anniversary of their services. This is to ensure IP address usage remains consistent, our information fresh, and that no IP address is being wasted or horded. Due to the depletion of IPv4 IP addresses, IP addresses will not have discounts applied beyond the first invoice. Mean Servers reserves the right to increase the price of IPv4 IP addresses with just 14 days notice via the Announcement page in the client area (https://www.meanservers.com/billing/announcements.php), clients that pay in terms greater than month to month will be affected by the price change only after their current term ends, month to month clients will be affected by the price change immediately after the 14 day notice period has ended. It is also highly recommended that clients prepare for the transition to IPv6 immediately. Mean Servers Limited is fully IPv6 capable and ready but it is the end users responsibility to ensure their own services are as well.
Mean Servers Limited provides 24/7 support online via our ticket system in the client area and email. Live chat support is available during standard business hours. Billing and sales inquiries will only be answered during normal business hours. Please note that if you are a client of unmanaged services (i.e. you do not specifically have managed in your package name), the only support you are entitled to is support regarding problems originating at the network or node level. If we need to login to your server or VPS to fix it, chances are it is not supported unless you have managed services. If we need to login to your VPS to solve the problem, you need managed services or to pay the hourly management rate.
Mean Servers Limited is committed to providing all of their customers with a high quality service and access to a free and open Internet. However, we also have legal and ethical responsibilities to the larger Internet, which require us to prohibit our network to be used for certain purposes, which are outlined below.
We reserve the right to make changes to our Acceptable Use Policy at any time. We will notify you of changes to our Acceptable Use Policy via our announcement page in the client area. In the event that we make a material change to our Acceptable Use Policy that impacts your ability to use the services we offer, you may terminate the services without penalty.
Reporting Violations of our Acceptable Use Policy
We will collect complaints and reports of violations of our Acceptable Use Policy on a 24/7 basis. If you believe you are on the receiving end of any prohibited activities originating from our network, you can report them to us by using our contact form. While we cannot guarantee that we will respond to every complaint individually, we will act on each complaint. If you are reporting an Intellectual Property violation, please follow our DMCA Policy.
Our Responsibilities to our Customers
We will forward complaints to our customers, via the email address they have on file with us and provide you with a reasonable window to respond to the complaint prior to taking action to restrict, suspend or terminate your services, with the following exceptions:
- The reported abuse is creating network or service disruptions for other customers on our network.
- We believe the abuse complaint is credible and that the abusive network traffic is still on-going.
- We are compelled to restrict, suspend or terminate services based upon a court order or similar law enforcement action.
Customer Responsibilities to Mean Servers Limited
We understand that many of our customers use our services as part of a larger service offering that they provide to the end users. It is our preference to take a collaborative approach to resolving network abuse. However, we have the following expectations:
- Ensure that your end users comply with our Acceptable Use Policy
- Respond within 24 hours to any and all abuse complaints we receive.
- Take reasonable efforts to identify and suspend end users who are violating our acceptable use policy.
- Take reasonable efforts to prevent recurring abuse issues, when identified by our support team.
- Treat Mean Servers Limited employees and partners with respect and civility. Vulgar language, threats, or insults will result in one warning. Further/Severe violations will be cause for immediate termination without refund.
Violations of Acceptable Use Policy
We reserve the right to restrict, suspend or terminate services for any violations of our Acceptable Use Policy, without notice. No refunds will be provided for any accounts that are terminated for violations of our Acceptable Use Policy. Additional fees may also be imposed for violating the Acceptable Use Policy when resources must be used to rectify the problem whether listed within the AUP or not. Mean Servers reserves the right to report abusive accounts to Fraud Record for Terms of Service Violations or Acceptable Use Policy Violations.
- Unlawful Activities – The services shall not be used in violation of any criminal, civil or administrative violation of any applicable local, state, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule. This includes, but is not limited to:
- Fraudulent activities.
- Unlawful high yield investment plans, Ponzi schemes or linking to and or advertising such schemes.
- Threats, harassment and abuse of any individual, organization or business.
- Terrorist websites or other sites advocating human violence and hate crimes based upon religion, ethnicity, country of origin, gender, or sexual orientation.
- Unlawful gambling activities.
- Unsolicited Electronic Communications – The services shall not be used to send Unsolicited Electronic Communications, which is the sending of unsolicited communications, via electronic means, to any person or persons the sender does not know or have prior explicit consent to send the message(s) to. This category of prohibited uses includes SPAM/UCE, blog spam, Facebook spam, twitter spam, etc. Additionally, the service shall not be used to host any web site or application that is advertised via any unsolicited electronic communication.
If an IP address assigned to Mean Servers Limited, a partner website, or one of our upstream providers, which is sub-assigned to the client, is found to be on a blacklist and the client fails to rectify the issue in a timely manner, the client shall pay a clean up fee of up to $500 per IP address blacklisted depending on the severity of the blacklistings. This fee will not apply in instances where SPAM was transmitted due to no fault of the client (such as an unforeseen security breach) where the client made a good faith effort to correct the security breach and took corrective measures to clean the IP address immediately. Mean Servers reserves the right to block port 25 or any other port deemed necessary to prevent the sending of SPAM on shared hosting and VPS plans where clients have previous reports of sending spam on FraudRecord or is suspected of attempting to use our services to send SPAM. A deposit of up to $100 per IP address will be required for allowing port 25 to be opened. Our refund policy does not apply to those refusing to pay the deposit when previous spam reports have been filed with FraudRecord.
- Hacking – The services shall not be used for hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, computer, router, software, application without the express authorization of the owner of the system or network.
- Malware – The service may not be used to distribute malware, viruses, root kits, password crackers, adware, key stroke loggers, and any other software generally considered to be malicious.
- Phishing - The service shall not be used to for any activities that are designed to collect personal information under false pretenses.
- Denial of Service – The service shall not be used to launch denial of service or distributed denial of services against any computer system or computer network. Additionally, in the event the service is attacked by a third party DDoS or DoS, we reserve the right to immediately null route the IP being attacked, without prior notification.
- Violations of Intellectual Property Rights – The service shall not be used in any manner that results in a violation of intellectual property rights. The process for submitting a DMCA complaint or counter-claim is outlined here.
- Opt-Out E-mail Marketing - Opt-Out mailing lists are strictly prohibited. This includes any lists or databases purchased or otherwise obtained from third parties, as the persons on such lists did not specifically solicit mail from you. Any mailing lists you maintain must be true confirmed opt-in in nature. This requires a user to specifically request to be added to your mailing list. In addition, any opt-in mailing lists must include an automated unsubscribe facility where clicking on a link within the e-mail will automatically and immediately unsubscribe users from lists. Reply-to e-mail addresses to unsubscribe are known to be ignored and are unreliable, therefore not permitted.
- Service Degrading Activities – Services shall not be used in any manner that degrades or interferes with any other customers ability to fully enjoy their services. If our server or network service is degraded for any reason due to a service originating from your account, Mean Servers Limited will charge you $150 per hour it takes to resolve the issue.
This page was last updated on December 15, 2016.