Terms of Use

Account Elegibility

By registering or using the Services, you represent and warrant that:

You are eighteen (18) years of age or older. The Services are intended exclusively for Users who are eighteen (18) years of age or older. Any registration, use or access to the Services by any person under the age of eighteen (18) is not authorized and is a breach of this Agreement.

If you use the Services on behalf of another party, you agree that you are authorized to bind the other party to this Agreement and to act on behalf of that other party in connection with any actions taken in connection with the Services.

It is your responsibility to provide accurate, current and complete information about the registration forms, including a different email address from the domain in which you are signing up. If there is any abuse problem or we need to contact you, we'll use the primary email address we have on file. It is your responsibility to ensure that your account contact information, including domain accounts, is accurate, correct, and complete at all times. MVMCloud is not responsible for any lapse in the Services, including, without limitation, any domain registration due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our email sales team or update your contact information through MVMCloud's Billing and Support System. Providing false contact information of any kind may result in termination of your account. In some cases, it may be necessary to provide government-issued identification and possibly a verification of the credit card used for verification purposes. Failure to provide the requested information may result in your request being denied.

You agree to be fully responsible for all use of your account and for any actions that occur through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP request, other than those provided with a hosting package, may be subject to IP justification. IP justification practices are subject to change to remain in compliance with existing registration policies. We reserve the right to deny any dedicated IP request based on insufficient justification or current use of IP.

Contents and Actions

Actions Not Allowed

It is strictly prohibited any use of devices, software, scripts, or any other mechanism, such as: robot, crawler, data mining, data scraping among others.

No reverse engineering is permitted, either to disassemble, decrypt, decompile or otherwise attempt to copy the source code or any other intellectual property content available on the MVMCloud website. Actions that may compromise the functionalities of the site and/or tools available by MVMCloud are not authorized.

Any type of obscene, offensive or inconvenient content is prohibited to Users.

User Content

You may upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or users of any of your sites hosted through the Services ("User Sites"). You are solely responsible for any and all User Content and for any transactions or other activities conducted on or through the User Sites. By posting or distributing User Content in or through the Services, you represent and warrant to MVMCloud that (i) you have all necessary rights to post or distribute such User Content, and (ii) post or distribute such Content from User does not infringe or violate the rights of third parties.

You can not, however, use your /home/ directory as a location to store backups. Including Plesk/Third Party applications. Within the regular backup policy MVMCloud makes backups of the Plesk account, if you store your own backups in your /home/ directory we would be backing up a backup, which we do not allow. If you wish to perform your own backups, you MUST download the backup to any storage external to MVMCloud. MVMCloud reserves the right to remove any files that violate this policy at our sole discretion. Users who violate this policy are subject to immediate suspension and/or cancellation of their account.

For the sole purpose of providing the Services, you grant MVMCloud a worldwide, non-exclusive and royalty-free license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part ), publish and distribute the User Content; and (ii) make archival or backup copies of User Content and User Sites. Except for the rights expressly granted in this document, MVMCloud does not acquire any right, title or interest in or for the User Content, which will remain exclusively with you.

MVMCloudd does not exercise any control and accepts no responsibility for the User Content or for the content of any information that passes through MVMCloud's computers, network hubs and points of presence or the Internet. MVMCloud does not monitor user content. However, you acknowledge and agree that MVMCloud may, but is not obligated to, immediately take any corrective action at MVMCloud's sole discretion, including, without limitation, removal of all or part of the user's content or user sites, and suspend or terminate any and all Services without refund if you breach the terms of this Agreement. You agree that MVMCloud will have no liability due to any corrective action MVMCloud may take.

Prohibited Content

In general, any content that is obscene, offensive, inconvenient to Users or that violates local laws is prohibited content..

In addition to the above overview, auction and gaming sites are not allowed. All services offered by MVMCloud are for legal purposes. You agree to indemnify MVMCloud from any liability for the misuse of its services. The use of our services is expressly prohibited in such a way that they may violate trademark and patent registrations and / or infringe the terms of copyright and assignment of intellectual property. This includes, but is not limited to, the unauthorized disclosure and distribution of music, videos, books, photographs, or any other material protected by law. The trade / disclosure of any illicit product will result in immediate cancellation of your account. If you believe that your copyrights and / or trademarks are being infringed through services contracted with us, please send an email to [email protected] with all information pertinent to the case.

Examples of unacceptable materials in shared plans are IRC Bots, Web-proxy scripts and anonymizers, unlicensed programs (pirates), websites and forums that distribute or disseminate cracks / cheats / warez, executable files ( * .exe, * .com, * .msi, etc) and disk images (* .img, * .iso, * .nrg, * .bin, etc), mirrors, data repository , exclusive banner-ad services (rotating banners), affiliation servers, topsites scripts, escrow (financial activities involving collateral), HYIP / PIAR (High-Yield Interest Programs) and related websites of investments such as Forex and e-Gold Exchange, AutoSurf (visit exchange systems), fraudulent programs (Bank Debenture Trading Programs, Prime Banks Programs, etc.), lottery sites, MUD / RPG, bitcoin mining, sites that stimulate racism / hate / fanaticism, sites related to "hackerism", malicious scripts such as "IP scanner", password discovery / brute-force attacks, mass emailing), sites that host / disclose any type of malware (virtual plagues), and any type of site that promotes / divulges activities. Files for download are not allowed. It is expressly forbidden to host any type of pyramid type content. As well as TelexFree, BBOM, etc.

It is your responsibility to keep your account secure. If you do not remove malicious content from your account after being notified by MVMCloud of a problem, we reserve the right to block access to services and terminate your account.

MVMCloud reserves the right to refuse the provision of service or availability of resources to any individual. Any material that we deem to be obscene, illegal, or otherwise violates this Agreement will be removed from our servers with or without notice. There is a maximum tolerance of 48 hours for the customer to respond to any email sent to him through our ticket system. Failure to respond to an email sent by the complaints department ([email protected]) within 48 hours may result in the suspension or termination of your account. All issues related to complaints should be dealt with via ticket/email.

If you are not completely sure about the legality of hosting your sites/services with us, please contact us at [email protected], describing the features of your activity and pointing out decisive points that may or may not generate doubts their acceptance. We would be very pleased to serve you.

The sexual exploitation of minors is expressly prohibited, including, but not limited to, child pornography, total or partial nudity of children and adolescents, pedophilia and the like. Any account that uses our services to disclose/host materials with this type of content will be immediately suspended without notice and brought to the attention of the competent authorities.

If you have a Reseller plan, all Restrictions for Restricted Content apply to each of your client accounts. If we detect any of the violations defined in this Agreement, we will suspend the account and notify you to take the necessary action, resolve the infringement or terminate your client's account. If we identify a high number of violations of our policy, your main account may be suspended or canceled at our sole discretion.

Compatibility with the Services

You agree to fully cooperate with MVMCloud in connection with the provision of MVMCloud Services. It is your sole responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend on the performance of its obligations, MVMCloud shall not be liable for any delay due to its failure to meet its obligations in a timely manner.

You are solely responsible for ensuring that all User Content and User Sites are compatible with the hardware and software used by MVMCloud to provide the Services, which may be changed by MVMCloud from time to time in our sole discretion.

You are solely responsible for backing up all User Content, including, but not limited to, any User Sites. MVMCloud does not guarantee that we will back up any User Content and you agree to accept the risk of loss of any User Content.

Account Migration

Our Migration Team will make every effort to help you migrate your website to us. Migrations can be provided as a courtesy service for Plesk accounts up to the limit specified in the Hosting Plan you have contracted. (additional migrations are available at our standard hourly administration rate). We should be able to get a full backup of Plesk from your current host and the size of the compressed account should not exceed 1 GB.

We do not guarantee the availability, the ability, or the time required to complete an account migration. Each hosting company is configured differently and some hosting platforms save data in an incompatible or proprietary format, which may make it difficult, if not impossible, to migrate some or all of the account data. In some cases, we may not be able to assist you in migrating data from an old host. The free migration service is available within the period specified in the Hosting Plan you have contracted.

Migrations outside the gratuitous period will incur a charge; Contact our Migration department to receive a price quote. In no event will MVMCloud be liable for any lost data resulting from a migration to or from MVMCloud. You are solely responsible for backing up your data in all circumstances.

For perfect migration to occur, it is of utmost importance to have full availability and accessibility to data and systems on the source host. If this does not happen, it is the responsibility of the client to intermediate the acquisition of the data for the migration with the old host.

It is the responsibility of the client to change the DNS after the migration is completed, if the client does not make this change, the remigration will be subject to service charges.

Cancellation and Payment

Payment

You must agree to make advance payment for the services contracted during the entire term of the plan. You must also agree to the automatic renewal of the plan for a period equal to the last contracted cycle. For automatic renewal NOT to occur, you will need to express your explicit willingness to cancel the contracted service.

It is your responsibility to keep up to date all of your payment commitments, as well as sending the information that identifies the payments (when payment is made by methods that require proof such as deposit/bank transfer).

Changing the date to allow late payment does not change the plan's due date. Therefore, the plan continues to be due on the original date, and must be paid the following month on the original due date.

In all plans offered by MVMCloud any pending payment of additional services will result in the general suspension of the plan and not only of the additional service without payment.

Accounts suspended for financial default will be entitled to backup if they are reactivated with payment. The client has the entire plan's lifetime to request the backup at any time, however, once the account is suspended you will need to re-enable it to receive the backup. Check the rules of suspension of accounts for financial default:

• Account Suspension:

  Accounts with 7 days or more in default will be suspended. After confirmation of payment the account will be reactivated within 1 business day.

• Account Cancellation:

  Accounts suspended for 30 days or more will be canceled. In this case the customer will not be entitled to any refunds.

The cancellation, to avoid automatic renewal, must be formalized at least 24 hours before the end date of the contract through the cancellation form. The completion and sending of the request made through this form assures MVMCloud the right to immediately delete the accounts referring to the canceled plan. This operation is irreversible, therefore the client should only request the cancellation of his account after having made the necessary backups.

Users can not jump to multiple accounts to abuse "new customers" discounts. Users who violate this policy will have both accounts suspended until all outstanding invoices are met. Users who abuse our rebate system are subject to termination without refund.

Cancellation

Customers can request the cancellation of an account at any time using the appropriate Cancellation Form. Only form requests will be accepted. If there is a right to a refund, the amount is proportional to the time the product/service is not used. Only the values of the Services owned by MVMCloud are eligible for reimbursement, any additional products/services, such as, but not limited to, domain purchase, SSL certificate, third party products/services marketed by MVMCloud, will not be reimbursed.

1. Method of Receiving:

   When requesting the cancellation you can indicate the method for receiving the refund if you have the right. The amount can be added as credit on your Financial Panel, or you can receive a refund of the amount as credit on your credit card or PayPal account.

2. Eligible Refund Plans:

   Web Hosting, WordPress Hosting, Reseller Hosting, MVMDesk and Reseller MVMDesk are eligible for refund. When the domain registration is included in the value of the contracted Plan, even if free of charge, the refund will be given for the value of the Plan discounted from the value of the domain registration, the domain will remain owned by the client and will not be canceled.

3. Cases where there is no Refund:

   There will be no refund for Domain Registration, Google Apps (except in cases where the customer already has an active professional email account with Google), support fees, stand-alone services, installation fees, administrative fees, licensing fees of third party products/services and financial costs for the payment of services to the financial entity chosen by the client. The refund is also not valid for products purchased with any discount coupon made available by MVMCloud. When contracting one of these products or services, the client claims to be aware and in accordance with this clause.

4. Refund Calculation and Fine:

   In the event of early termination of the plan, reimbursement is made in proportion to the time the product / service was used. There is no pro-rata refund of days, fractions of days are not considered. for example, if the customer cancels the service on the tenth day of the current month, the actual cancellation will occur at the end of this monthly cycle. There will be a 50% (fifty percent) penalty on the remaining amount of the contract, for example, if a plan with an annual billing cycle is contracted for an annual amount of US$ 1,200.00, and the customer requests cancellation on the sixth month, you will be charged a 50% penalty on $600.00, remaining contract amount, refundable amount will be $300.00.

End of Service

MVMCloud may terminate your access to the Services, in whole or in part, without prior notice, in the event that: (i) you fail to pay the fees due; (ii) you violate the provisions of this Agreement; (iii) your conduct may harm MVMCloud or others, or cause MVMCloud or others to incur liability, as determined by MVMCloud, in our sole discretion; or (iv) as specified in this Agreement. In that case, MVMCloud will not reimburse any fees paid prior to such termination, and you will be required to pay all fees and charges accrued prior to the termination of such termination. In addition, MVMCloud may charge all fees due for the Services for the remainder of the current term.

Security and Access

The access of the User to the members area of the MVMCloud site will be through a login and password confidential and for personal use, being responsible for his or her guardianship and secrecy. Password and user sharing is not allowed.

MVMCloud will always observe the norms applicable to the security of its data, besides using security measures for navigation, aiming at protection against any unauthorized access. The User is aware of the susceptibility to failures and vulnerabilities because they are contents made available on the Internet, however, MVMCloud undertakes to always do its best to avoid them.

It is the customer's absolute responsibility to ensure that the scripts / programs installed in your account are secure and that the permissions of your folders / directories are set correctly, regardless of the installation method used. Folders / directories must be configured with 755 (or more restrictive) permission. Files must be configured with 644 (or more restrictive) permission. The customer is solely responsible for all actions arising from the use of your account, and this includes preserving the security of your system access credentials (login / password). It is imperative that customers always use secure passwords. If an insecure password is detected, your account can be suspended until you set a new password (long, complex, and difficult to deduct). We always recommend the use of long passwords (with at least 12 characters), alternating between uppercase and lowercase letters, numbers and special characters.

The Services, including all related equipment, networks, and network devices, are provided for authorized customer use only. MVMCloud may, but is not obligated to, monitor our systems, including, but not limited to, ensuring that use is authorized, facilitating protection against unauthorized access, and verifying security procedures, survivability, and operational safety. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you agree to the monitoring for these purposes.

Any account found by connecting to a third-party network or system without third-party authorization is subject to suspension. Access to networks or systems beyond your direct control requires the express written consent of the third party. MVMCloud may, at our discretion, request documentation to prove that your access to a network or third-party system is authorized. Any account that is compromised can be disabled and / or terminated. If you do not clear your account after being notified by MVMCloud of an ongoing problem, we reserve the right to keep your account disabled. Upon your request, MVMCloud may clear your account for an additional fee.

MVMCloud reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local laws or for technical or other reasons without prior notice.

Breach of Confidentiality

MVMCloud can provide all data of any customer to the competent authorities so that they can take the appropriate measures in accordance with the legislation in force. The information about the customer data can be passed on request of competent bodies, without the client being aware or notified. MVMCloud has the absolute interest in helping to ensure that laws are always duly complied with.

Limitation of Liability

The materials on this site are provided "as is" without any express or implied warranty of any kind, including warranties of merchantability, non-infringement of intellectual property or suitable for any particular purpose.

In no event shall MVMCloud or its agents or representatives be liable for any damages (including but not limited to, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use or inability to use the materials , even if MVMCloud has been advised of the possibility of such losses or damages.

The customer must agree to exempt MVMCloud from any and all liability arising from:

1. Any damage to the person or property resulting from the marketing of products and / or services disclosed or distributed through the contracted plans;
2. Any material released / distributed by the customer that may violate national and / or international laws, including copyright laws and intellectual property;
3. Copyright Infringement;
4. Any defective product / service marketed through the plans hosted on our servers;

The customer is solely responsible for responding to the actions arising from the misuse of the contracted plan.

Indemnity

The customer must agree to exempt MVMCloud from any and all claims, liabilities, losses, gains and expenses (including fees of causes against MVMCloud, its agents, customers, offices and employees) that may arise or result from any services rendered or executed (or scheduled for execution) or any product marketed by the customer, its agents, employees or partners.

Other Responsibilities

MVMCloud is not responsible for any damages that your business / business may suffer. MVMCloud makes no warranty, implied or express, regarding the services it provides. MVMCloude does not guarantee any type of marketing guarantee (or suitability) for any purpose. This includes loss of data due to delays, non-deliveries, mistaken deliveries and any and all interruptions to the services caused by MVMCloudr and / or its employees.

Reseller

Resellers are responsible for providing support to their own customers: MVMCloud will NOT provide direct support to customers of our reseller customers. MVMCloud reserves the right to refuse any request for support made by the end customers of resellers. All requests for assistance must be made by the reseller himself and he is then responsible for passing the solution on to his client.

Resellers are responsible for the content stored or transmitted by their account and also by the account of their clients. MVMCloud has no contractual relationship with any of the end customers of the resellers, and the reseller agrees to be responsible for the action of any of its customers. Accounts that violate our Terms of Use must be suspended / canceled by the reseller until they comply.

MVMCloud reserves the right, with or without prior notice, to take reasonable steps, including suspension and termination, in relation to the accounts of customers of our resellers who are in disagreement with our Terms of Use.

Resource Usage and Backup

Resources Usage

Shared server users can not:

1. Use 25% or more of processing resources, memory, disk usage, Internet link, etc. server for periods equal to or greater than 90 seconds. There are numerous causes for an account to display this bad behavior, for example: very popular sites with large number of concurrent access, content management system plugins, poorly developed scripts, CGI scripts, FTP overuse activities, PHP, HTTP, databases, etc.;
2. Exceeding the limit of 25 concurrent processes per control panel;
3. Run stand-alone applications on the server. This includes any and all kind of daemon, such as IRCd;
4. Run on shared servers any type of web-spyder or crawler (including Google Cash / AdSpy);
5. Run any application that interacts with Internet Relay Chat (IRC);
6. Run any bit torrent application, tracker and the like. It is allowed to use links to legalized torrents, but it is not allowed to host them (store them) on our shared servers;
7. Participate in any file-sharing or peer-to-peer activities (p2p);
8. Run any kind of game server, such as Counter-Strike, Half-Life, BattleField1942, etc.;
9. Host any types of executable programs (.exe, .com, .bat, etc.) that may be or be infected by viruses;
10. Schedule jobs (cron jobs) at intervals of less than 15 minutes;
11. The use of more than 250,000 inodes in any shared account may result in suspension. Accounts that have more than 100,000 inodes are automatically removed from the backup system to avoid overloading that system. Every file (a web page, an image, a document, an email, etc.) counts as 01 inode. Sites that exceed the use of light inodes are not suspended, however, accounts that constantly create and delete large numbers of files regularly, have hundreds of thousands of files, or cause damage to file systems can be marked for scanning or suspended if they are causing damage greater. The main cause of excessive use of inodes is catchall enabled without inbox monitoring and deletion of unwanted emails. Over time tens of thousands of messages or more are stored causing the account to go beyond the limit of possible inodes.
12. It is inadmissible to host any type of phishing files on our servers. Any such practices identified will result in the automatic removal of the account from our servers and the plan will be canceled, with no refund right.

Bandwidth Usage

Each plan gives the right to use a certain volume of monthly traffic, this volume varies according to the plan contracted. The use of this traffic limit should also be distributed within the month. Your account must end the month without exceeding this limit, otherwise it will be suspended until the next month or more traffic resources are acquired or your account is migrated to a plan that offers more resources.

Traffic is non-cumulative feature. Unused traffic within the month can not be transferred to the following month.

Backup

MVMCloud maintains a weekly backup routine, run on weekends of plans hosted on shared servers. Enter into this routine accounts up to 20GB of data and have up to 100,000 inodes (files, folders, e-mails, etc). Backup content is overwritten every weekend.

This backup routine is provided as a courtesy to customers, MVMCloud is NOT responsible for files and / or other data stored in your account. The plan does not give you guarantees of recovery of lost information arising from any eventualities, use the free backup at your own risk. The customer must agree to take full responsibility for the files contained in our servers, as well as maintain their own backups off the server.

If the customer needs to restore any backup, we charge a fee for this procedure. This procedure is not guaranteed, the client must agree to keep their own backup in a safe place.