Terms of Service
We want you to be 100% happy with the service that My Quality Host provides for you.
This means being absolutely transparent about our service.
Our full Terms of Service are explained below.
By using any of our services, you are automatically agreeing to the conditions set out at https://myqualityhost.com/terms-of-service/
All customers are directed to our Terms of Service (TOS) to create an understanding of what they can expect from us, and what we expect of them while using any of our services. Use of any of our services represents your complete acceptance and compliance withour Terms of Service, regardless of whether you have physically read them or not.
Under normal conditions your accounts activity will not be monitored other than routine automatic monitors to ensure that resources do not exceed customer package restrictions.
We do not monitor website content unless it is flagged as contrary to our Terms of Service.
My Quality Host (MQH) reserves the right to remove any material that in our judgement appears to be:
- may subject MQH to any degree of liability
- may violate MQH TOS.
- hate speech
Violation of the MQH TOS to any extent may result in the immediate suspension or termination of your relevant BigScoots service in addition to the suspension or termination of any other BigScoots services you may have. There will be no customer refunds where any service is subject to suspension due to breach of TOS. Additional fees may be charged to the customer depending on the nature of the TOS breach. MQH reserves to the right to recover costs or losses as a direct result of a customer breach of TOS.
All MQH services experience irregular monitoring for security purposes including system exploitation, security and fraud risks. All risks and/or inappropriate use of any MQH services that monitoring reveals as well as those brought to the attention of BigScoots through third parties that violates the BigScoots TOS will result in swift action taken against the offending client with consequences deemed appropriate by BigScoots.
Where MQH concludes that any offences are unbeknownst to the client, MQH will notify the offending client of the mischievous or inappropriate activity alongside any necessary corrective action that MQH deems appropriate. If corrective action is not volunteered by the offending client in a period of time MQH finds reasonable or if MQH perceives the offence to be deliberate and obvious violations of the TOS, MQH will take immediate action against the offending client. It must be understood that a delayed action or complete failure on MQH part to implement this policy for whatever reason will not be construed as a waiver of MQH right to do so at any time.
In summary, while utilizing any of the MQH services you are expected and required to access your account morally, sensibly and most of all responsibly.
1. MQH Account Activation and Set Up
Once your order has been placed, your BigScoots account will be provisioned immediately, allowing you access to your billing and support panel. The setup of your service is handelled manually, that is to say there is no automatic account vreation. This is required as part of our duty of care to all customers to avoid fraud.
For all new shared, reseller and domain accounts, you can expect a 1 to 15 minute setup time. For webdesign services the setup time is set out in your new customer client proposal document.
2. Data Migration Policy
MQH new customer service includes website migration from other webhosts at no extra cost. This migration policy is limited to CPanel sites where full access to the original Cpanel is granted to MQH technical staff.
MQH offers our free migration service under a best-faith effort policy, and does not make any guarantees or take on any liability with potential issues that may arise. It is your responsibility to keep backups, stay involved in the migration, ask questions, and fully test the website or application before and after. If any issues are found MQH will work to resolve them under the best-faith effort policy, but will not make any guarantees of any kind. While we do perform double and triple checks, it is ultimately your responsibility to confirm everything has been migrated properly.
3. General Content And Behavior
All of the services provided by MQH will only be used for lawful and moral purposes. All clients agree to indemnify and hold MQH harmless from any claims ensuing from the use of our services.
Some examples of unacceptable applications of our service can consist of but are not limited to: Hosting Video or Music files of which no proof of ownership is available Internet Relay Chat (IRC) Bots Illegal adult oriented material Warez (torrents, cracks, serial keys, etc) type websites Proxy scripts Any hateful material whether racial, religious or otherwise Any sort of password sharing or hack themed website Hosting pirated software
3.I Distribution of Mischievous Code Or Programs
Distribution of software to any extent that attempts to and/or successfully causes damage, aggravation, or annoyance to any individual, data set or technical device are absolutely forbidden. Examples of such mischievous code or programs can consist of but are not limited to; Trojan horses, computer viruses and internet worms. Any evidence of such an offence having occurred or continues to occur will result in immediate termination of the account in addition to the termination of any associated services. If applicable the proper authorities will be notified.
3.II Copyright Violations
Violating copyrighted, patented or trademarked works through reproduction and/or distribution will not be tolerated. It is not acceptable to use a MQH service to convey any form of the material that violates a copyright, trademark, patent, trade secret, intellectual property right or other right of any third party. These violations can consist of but are not limited to the illicit replication of copyrighted material, the digitization and/or distribution of photographs from print sources as well the illicit transfer of copyrighted programs. MQH operates within the guidelines of the Digital Millennium Copyright Act (DMCA) when handling infractions and will respond to all accusations that are formatted in accordance with the DMCA
3.III File Hosting
File storage or file hosting for sharing purposes of any kind is forbidden across all MQH services. Under no circumstance may our clients use their MQH service as file storage and/or a download warehouse. This does not mean that downloads are a direct violation of the MQH (TOS), it does however mean that your service(s) cannot drive a website that focuses primarily on downloads. Additionally you may not use your MQH service as a storage warehouse for games, videos, music files or backups. Any MQH service may not surpass 10% of space or bandwidth in games, videos, music files or backups. These values are only adjustable by MQH staff.
3.IV Adult Oriented Websites
No pornography or adult oriented websites and applications are permitted. MQH will be the sole arbiter as to what constitutes a violation of this provision.
4. Payment Information
5 Data Loss And Backup
Your use of any of MQH service is done so at your own risk. MQH under no circumstance is responsible or can be held liable for any data held on MQH servers. MQH makes an attempt at mitigating potential data loss by keeping regular backups for shared, reseller, VPS and hybrid accounts, however it remains impossible for MQH to guarantee an appropriate backup will always be obtainable. You agree to take full responsibility for any and all data transferred to and from MQH servers and to preserve suitable backups of said data. It is not MQH’s responsibility to maintain the integrity of your data.
5.I Unique Circumstances And Emergencies
We reserve the right to take any practical and proactive steps that MQH deem necessary to maintain the integrity, security, performance and connectivity of our network and hardware. This includes but is by no means limited to actions requiring MQH to shut down the MQH network, hardware, eliminate clients, as well as deactivate or manipulate the content of certain websites or applications. In unexpected circumstances MQH may require a complete deletion of a certain website, e-mail and/or account because of an exploit or abusive behavior. In these situations MQH will make a best-effort to have backups on hand, but it is ultimately the client’s responsibility to maintain up to date backups.
5.II Termination of Data
In an effort to maintain an enhanced level of privacy and security, all data from terminated and cancelled services and accounts should be considered instantly deleted and flushed from the MQH servers. This also includes any and/or all of the available backups. As part of your responsibility in preserving your data, please ensure to backup all of your data before canceling your MQH account.
5.III MQH Account Security
Mistreatment or abuse of your MQH account is your sole responsibility. This includes activity on your MQH account by family, friends, guests, fellow employees or anyone else that may act on your behalf, with or without your knowing. Therefore it is necessary for you to take precautions against others gaining unapproved access to your account. Additionally, you may not use your MQH account maliciously to breach the security of another MQH account or attempt to gain access to another network or server, MQH or otherwise.
Your assigned or chosen password provides immediate and unrestricted access to your MQH account and all related services. It is your sole responsibility to maintain a secure password at all times. MQH under no circumstance will be held liable for any mistreatment or abuse of your MQH account. Take precautions from others knowing your password as you will be held entirely responsible.
Details of any MQH client who infringes on the security of MQH or another client will be forwarded to the appropriate authorities. MQH will fully cooperate with law enforcement in any investigation.
6. Email Policy And Spam
Any MQH account that shows evidence of directly or indirectly aiding in or sending out spam will result in the client’s accounts and services being immediately terminated with or without notice.
Depending on the severity of the spam, MQH may issue a cleanup fee. In this case the MQH account responsible for aiding in or issuing the spam will be charged a fee based on damages.
MQH shared and reseller services are capped at 500 emails per hour, exceeding this limit will bounce back to the sender. If for any reason you require more than 500 e-mails per hour as some legitimate mailing lists may, please open a support ticket with your reasoning.
There are no limits on VPS, Hybrid or dedicated emails, however these services cannot be used purely as mail servers and will be monitored regularly.
MQH reserves the right to delete, disable or change any website, application, database, MQH account or any component under MQH’s control that does not completely comply with this policy. In certain situations MQH may need to act urgently, in this case MQH reserves the right to do so with or without notice.
6.I Usenet (Newsgroup, Articles, Messages, etc.) Spam
Usenet spam can consist of but is not limited to posting messages, articles or ads which violate regulations, charters or rules of a newsgroup or mailing list. With this in mind, any messages that are suitable under the rules and regulations of a newsgroup or mailing list, providing they do not violate the MQH TOS are permitted.
7. Refund, Guarantee And Cancellation Policy
MQH operates under a forty five (30) day money back guarantee for all first time MQH shared and reseller clients. This guarantee begins at the date of sale and retains its value for a total of forty five (30) consecutive days. This guarantee encompasses only the base cost excluding fees such as but is not limited to domain costs and software licenses.
Additionally MQH operates under a seven (7) day money back guarantee for all first time MQH virtual private server (VPS) and hybrid clients. This guarantee begins at the date of sale and retains its value for a total of seven (7) consecutive days. This guarantee encompasses only the base cost excluding fees such as but is not limited to domain costs and software licenses.
MQH currently offers no guarantees or refunds of any kind for domain, backup, dedicated or collocation services.
If you wish to cancel any of your MQH services you may do so providing you give seven (7) days’ notice prior to your next billing cycle. If you used a PayPal subscription please simply login to your PayPal account and cancel your subscription agreement with MQH. Otherwise, if you purchased your MQH services through a credit card please login to your MQH account and submit a cancellation request.
You may have joined MQH under an annual, semiannual, quarterly or monthly plan. When cancelling your service, your MQH account will remain active until your billing period ends. After which your cancelled MQH service will be terminated unless you renew your MQH account prior to the billing term expiring or you have specified otherwise.
MQH will treat all data of terminated accounts exactly as outlined in the above section 5.II.
We do not prorate for unused time.
7.I Cancellation For Lack of Payment
Any MQH account that has unpaid invoices more than ten (10) days old may be terminated at any time with or without notice. MQH will treat all data of terminated accounts exactly as outlined in the above section 5.II.
8. Domain Names
All new domain name registrations, transfers and renewals are the resposnibility of the registrants adminstrative contact. MQH is not resposible for domain name renewals.
9. Search Engine Optimization (SEO) And Submission
MQH offers SEO services for clients wishing to mprove their website visibility. This is an optional package bolt on. Please submit a support ticket to discuss your needs.
10. Service Refusal
MQH reserves the right to completely refuse or refuse any amount of service or services to any client under the sole discretion of MQH at any time. Additionally MQH completely reserves the right to suspend, cancel or terminate any account at any time MQH sees fit. MQH will treat all data associated with the termination of an account as outlined in the above section 5.II.
11. Resource Usage Limitations
MQH strives to provide clients with smooth running, fast websites for 100% of their uptime. Part of the process put in place to achieve this goal may or may not impact on resource hungry websites. Typically, if we have to impose a restriction on an account for resource usage, that account is already in violation of several aspects of the MQH TOS, and not just these usage policies. Most clients who fall into this realm affect at least two of these policies, and if left unchecked would begin adversely affecting other clients on their server. The overwhelming majority of sites, upwards of 99%, will never have to take these limits into consideration.
MQH uses what is called soft limits to enforce most of these limitations. These limits do not “kill” your service when reached, but rather set off a series of notifications in motion to notify us of potential issues. Many clients will find that they can exceed many or even most without receiving a notice from us. The issue becomes when a single account starts to affect the performance of an entire server, it is then necessary to have these limits in place. MQH can provide time for clients to work with us to reduce the overall load or if not possible, enter discussions for a potential upgrade. With our highly optimized servers it is rare we ever have to suspend a client for abuse, but under the MQH TOS, we do reserve the right to do so if excessive.
While MQH VPS, Hybrid and Dedicated services are limited only by the physical resources in the selected plan, shared and reseller services have a few more limitations.
1 Full CPU Core which equates to ~3.4Ghz 1GB of physical memory 50 Concurrent Processes 10MB/s disk I/O 2GB of an account’s website backup data to be stored within the same account Each database is restricted to 2 GB of disk space
12. Price Change
MQH reserves the right to change the prices and plans listed throughout the MQH website in addition to the resources allocated to each of the MQH plans at its own discretion. Further, MQH has the right to end and/or refuse any promotional codes for any reason.
13. Auto Billing (Reoccuring Payments)
For convenience and to prevent an interruption in service, MQH has employed a reoccurring billing cycle on most monthly, quarterly, semiannual and annual plans. If you do not want reoccurring payments on your account it is necessary to notify MQH at least seven (7) days prior to the payment taking place. Failure on your part to notify MQH of your intention to not be billed on a reoccurring basis will automatically result in your account being billed as originally agreed. If you are using PayPal subscriptions, it is your responsibility to cancel with PayPal directly.
14. Bandwith Usage
You package monthly bandwidth allowance is stated in your welcome e-mail. As your monthly bandwidth limit approaches an e-mail will be sent to the contact address on file, it is your sole responsibility to be aware of such limitations and will not hold MQH liable for any downtime experienced from account suspensions due to bandwidth overages. If overages are experienced or projected for a certain month, all MQH clients have the option to upgrade to a larger plan, or simply wait until the following month. Bandwidth usage is measured on a monthly basis coinciding with Client’s billing cycle.
15.Responsibility And Expected Knowledge
By the use of any MQH service a certain level of knowledge is assumed on topics consisting of but are not limited to; internet languages, slang, jargon, terminology, protocols, name servers (DNS), website development and software. While knowledge levels differ greatly, the MQH client agrees that they possess the necessary knowledge to create their website with the desired content, look and functionality. The customer agrees that it is not the responsibility for MQH to provide this knowledge to help create, design, program or publishing of a client’s website.
16. Root And SSH Access
Jailed SSH access is available to all shared and reseller clients, but not by default. Please open up a ticket requesting access. VPS, hybrid and dedicated clients will have root SSH access to their respective servers by default and included in their welcome emails.
MQH under no circumstance will be responsible for damages of any kind that your business may suffer. MQH makes no warranties of any kind, expressed or implied for services we provide other than the aforementioned guarantees mentioned within this document. MQH disclaims any warranty or merchantability or fitness for a particular purpose. This includes but is not limited to, loss of data resulting from delays, non-deliveries, hardware and software failures, hacking, sabotage, terrorist attacks, network issues, wrong delivery and any and all service interruptions caused by MQH, its employees or otherwise.
Customer agrees that it shall defend, indemnify, save and hold MQH harmless from any and all demands, liabilities, losses, costs and claims, including any and all attorney fees asserted against MQH, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless MQH against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with MQH; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from a MQH server.
IF LAWSUIT(S) ARE THREATENED AGAINST MQH. If MQH is sued or threatened with a lawsuit in connection with MQH service(s) provided, we may turn to you to indemnify us and to hold us harmless from the claims and expenses which include but are not limited to attorney fees and other court costs. Under these circumstances you agree that you will upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate our services for a failure to make or renew such a deposit. We will return any unused deposit one year from the conclusion of the matter.
19. Potential Changes to the MQH Terms of Service (TOS)
MQH reserves the right to alter, revise, update and change in the MQH Terms of Service (TOS) in anyway without notice at any time under MQH’s sole discretion and can apply any and all changes and updates retroactively.
MQH guarantee 100% uptime on our network, which is defined as the connection from the network card on your server to the outbound port of the datacentre. In the event of a network outage we will apply a full months hosting credit for any period of downtime in any one month.
As a Good Faith Reminder And Brief Summary to Our Amazing MQH Clients.
THE CONTINUED USE OF THE MQH SERVICES AND/OR PRODUCTS CONSTITUTES THE IMPLIED CONFORMITY WITH THE MQH TERMS OF SERVICE (TOS) IN ITS ENTIRETY. BY USING THE SERVICES, THE CLIENT (YOU) AGREE TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS AGREMEENT.
THE CLIENT’S (YOUR) ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO TERMINATE THIS CONTRACT AND SERVICE IMMEDIATELY AS DISCUSSED WITHIN THIS AGREEMENT.