Term of Services

This document shall serve as an agreement between Malcube. ("we", "us", or "provider") and you as an end-user ("you", "user", or "customer"). This document shall constitute the entire agreement between Malcube and you and while superseding any other prior agreements, govern your use of all Malcube services.Activities Subject to Immediate Deactivation. Any Hosting Account that is used for Illegal, Abusive or Unethical Activity may be immediately deactivated by us without warning to you. Any misuse or overuse of the server will result in immediate deactivation of an account. Illegal, Abusive or Unethical Activities lude, but are not limited to lusion of or linking to, pornography, mp3\'s, obscenity, nudity, violations of privacy, hacking, irc related scripts and programs, non approved server scripts, eggdrops, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we are not required to give notice before deactivating your use of our services if, in our discretion, your use is or results in Illegal, Abusive or Unethical activities. If a Hosting Account is disabled, the regular fees still apply. Each individual hosting account is allowed 1 main domain name with all additional parked domain names pointing to the main site of the main domain, unless otherwise specified. Malcube reserves the right to Cancel/Deactivate any account at any time for any reason. There will be no tolerance of any abuse of any of our support methods, which will result in immediate suspension.

Content
All services provided by Malcube may only be used for lawful purposes.

The customer agrees to indemnify and hold harmless Malcube from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email admin@Malcube.com with the information required.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.

Examples of unacceptable material on all Shared and Reseller servers include:

* Topsites
* IRC Scripts/Bots
* Proxy Scripts/Anonymizers
* Pirated Software/Warez
* Image Hosting Scripts
* Public Blog Hosting Service i.e WP Mu
* Downloader Script i.e Rapid Leech
* Proxy Scripts
* AutoSurf/PTC/PTS/PPC sites
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/Spam Scripts
* Banner-Ad services (commercial banner ad rotation)
* File Dump/Mirror Scripts (similar to rapidshare)
* Audio Streaming (more than one or two streams)
* High-Yield Interest Programs (HYIP) or Related Sites
* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
* Sale of any controlled substance without prior proof of appropriate permit(s)
* Lottery/Gambling Sites
* Vdoeo hosting/streaming scripts
* MUDs/RPGs/PBBGs
* Hateful/Racist/Harassment oriented sites
* Hacker focused sites/archives/programs
* Sites promoting illegal activities
* Forums and/or websites that distribute or link to warez/pirated/illegal content
* Bank Debentures/Bank Debenture Trading Programs
* Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
* Mailer Pro
* Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Malcube services, including all related equipment, networks and network devices are provided only for authorized customer use. Malcube systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Malcube system(s) constitutes consent to monitoring for these purposes.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at admin@malcube.com and we will be happy to assist you.

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password.

Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Malcube shared web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 65% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

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, probing, or scanning of 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, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Service Fees
All payments are due on time, without exception. Accounts with any past due invoices are at risk of suspension and late fees. Any account suspended for more than a 30 day period are terminated without backup

Server Resources
Malcube accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Malcube systems or networks. Malcube reserves the right to terminate or limit such activities.

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Malcube shall be the sole arbiter of what is considered to be a high server usage level. 

Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down/suspend without prior notice.

Unsolicited Email - SPAM
Spamming, the sending of unsolicited mass email from or through a Malcube server or using an email address that is maintained on a Malcube machine is STRICTLY prohibited. Malcube will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a Malcube server, or if they sell or distribute software on their web site that facilitates spamming. Violators will face immediate suspension and possible fine.

Backups & Data Loss
Your use of the service is at your sole risk. Malcube will not responsible for any files and/or data residing on our server. Our backup service is ran on Sunday, Tuesday, Thursday and Saturday of each week, overwrites any of our previous backups made, and only one month of backups are kept. This service is provided to you as a courtesy. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Malcube servers to your local media.

Cancellation
All cancellations need to be made in writing through our ticket system .Requests for canceling accounts may be made in writing with at least 7 days notice but not more than 60 days prior written notice and sent to billing@Malcube.com. Only the authorized account holder or a authorized contact may cancel the account. Authorized contacts are appointed only by the account holder. In the event of cancellation, customer will automatically be billed for any excess usage during the then-current calendar month.

Disclaimer
Malcube shall not be responsible for any damages from the use of the services. Malcube makes no warranties of any kind, expressed or implied for services we provide. Malcube disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Malcube and its employees.

Malcube reserves the right to modify this agreement at any time.

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