Terms of Service

The following terms and conditions (these “Terms”) govern the provision by MUTT HOSTING, INC. (“Company”) of the services and/or products (referred collectively herein as “Services and Products”) described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the “Service Descriptions”) and defined in any of the Company’s product support listing, to the customer (“Customer”) identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this “Agreement.”

Our Hosting Services

Maximum Hard Disk Space. Customer will be provided with the amount of disk space stated in either their dedicated quote or corresponding plan from http://mutthosting.com/plans/. Disk space and usage are monitored by Mutt Hosting, Inc., when possible quotas are soft and responsible overages should not impair Customer’s ability to access said disk space. Customers are responsible for purchasing additional disk space beyond that detailed in their “Plan” or to remove files in order to bring their usage with their Plans’s limit.

Jurisdiction and Jurisdictional Disputes. Mutt Hosting Inc is a California corporation. The parties recognize that Mutt Hosting, Inc is under the legal jurisdiction of the State of California, and US federal law. The parties expressly recognize that, where Mutt Hosting, Inc. is acting solely as Customer’s Host, Mutt Hosting, Inc. is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where Mutt Hosting, Inc. is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold Mutt Hosting Inc. harmless, defend Mutt Hosting, Inc. and challenge the jurisdiction of out of state authorities over Mutt Hosting, Inc.

Storage, Backups and Internet Link. Mutt Hosting Inc. shall store Customer’s Web Sites and Email messages on Mutt Hosting Inc’s servers. The parties expressly recognize that Internet servers and links are susceptible to crashes and down time. Mutt Hosting, Inc. warrants that it shall maintain a consistent link with the Internet, but Mutt Hosting, Inc. cannot and does not warrant that it shall maintain a continuous and uninterrupted link. However, Mutt Hosting, Inc does pass through the following Service Level Agreement from it’s Managed Hosting Provider (The Planet, in Dallas, Texas) and that is 100% Power Uptime and 100% Network Uptime. Mutt Hosting Inc. does monitor all services on our servers at minimum of 5-minute intervals.

Bandwidth. Mutt Hosting, Inc agrees that it shall maintain a 100Mbps connection to each server, however, Mutt Hosting, Inc. does not warrant any response rate or download time beyond it’s control, as this is depending on Customer’s and End Users ISP connections.

Maintenance. Mutt Hosting Inc. may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems. However, Mutt Hosting, Inc. shall provide prior notice where it is reasonably practicable under the circumstances, and shall restore service as soon as is reasonably practicable. Customer shall not be entitled to any setoff, discount, refund or other credit, in case of any service outage which is beyond Mutt Hosting Inc’s control or which is reasonable in duration.

Security. The parties expressly recognize that it is impossible to maintain flawless security, but Mutt Hosting, Inc. shall take reasonable steps to prevent security breaches in server interactions with Customer and security breaches in Mutt Hosting Inc’s server interaction with resources or users outside of any firewall that may be built into Mutt Hosting Inc’s server. Specifically, Web traffic is monitored and some activities are prevented by a Server Security Module, incoming and outgoing email if filtered through several means to prevent the transmission of spam, viruses, exploits and Trojan horses. Full system logging and accounting is done with each command and keystroke recorded to external log files. These log files are audited and maintained for 7 days and then destroyed, However, Customer is solely responsible for preventing password protected pages within its Web Site from being automatically indexed and linked to search engine Robots or Spiders, or accessed by outside parties. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds Mutt Hosting, Inc. harmless for any compromise of Customer’s security that resulted from their own actions.

Privacy. Message and data encryption is possible on Mutt Hosting Inc.’s servers, however Customer is solely responsible for encoding its Web Site and Emails to conform with generally accepted encryption standards, and Customer indemnifies and holds Mutt Hosting Inc. harmless for any compromise of Customer’s encryption method.

Caching Permitted by Mutt Hosting, Inc. Customer expressly grants to Mutt Hosting, Inc a license to cache the entirety of Customer’s Web Site and Email in RAM, hard disk space, web site caches, dynamic language caches and database server caches, Customer expressly agrees that such caching is also deemed ``fair use’’ under the United States Copyright Act, and Customer expressly agrees that such caching is not an infringement of any of Customer ’s Intellectual Property Rights.

Export Control. Customer agrees that its Web Site and Email shall comply with all export, re-export or import laws and regulations of any jurisdiction from which Customer’s Web Site is transmitted or accessed. Customer agrees that it shall obtain written authority from all appropriate governmental bodies, if Customer intends at any time to re-export any items originating from that jurisdiction to any proscribed destination. Customer shall indemnify Mutt Hosting Inc., hold Mutt Hosting, Inc. harmless and provide a defense to Mutt Hosting, Inc. for any such compromise or violation of export/re-export/import laws.

Software updates and installations. Mutt Hosting, Inc. shall perform all system administrative software updates and installations for web servers, email servers, and all related software systems.

Client Responsibilities

By submitting the online order form, entering into an agreement after a quote, accepting an invoice or taking presence on a Mutt Hosting server, the Customer hereby agrees to the following:

  1. Customer agrees to pay for hosting services rendered in advance of each monthly service term.
  2. Customer agrees to a no-refund policy in advance. Setup fees and monthly service fees are non-refundable.
  3. Server charges will be incurred immediately at signup and are prorated by 0-3 days to allow for server provisioning and delivery.
  4. 30 day non-Payment of services shall result in a 15-day notice of disconnection. All payment failures must be cured within 15 days of notice. Customers failing to secure payment within 15 days of notice will incur service interruption and a PHP1500 reconnection fee.
  5. In same cases, clients are extended the ability to pay by check, bank draft or money order. One incidence of being 30 days late will require a credit card number to be on file. This credit card will be charged the full amount at day 45 if payment by other methods have not been received. Failure to receive full payment by day 45 will result in a final, 5 day notice. Customers failing to secure payment within these 5 days will have their accounts removed from shared servers and in the case of dedicated servers, the servers will be powered down.
  6. In case of dedicated server plans, the failure to notify us of root password changes when an account is past due 45 days, will result in the powering down of those servers.
  7. Service Cancellations must be submitted using the cancellation form inside at https://support.mutthosting.com/ at least 7 days before your next monthly billing cycle or you will be non-refundably charged the full amount for the following month.
  8. Company is not responsible for data integrity on equipment reclaimed for non-payment.
  9. California residents agree to pay all taxes applicable to your account.
  10. Customer agrees to adhere to the the Company Acceptable Use Policy (http://mutthosting.com/aup/).
  11. Company reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy and Terms of Services.

Additional Terms

Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:

  1. Indemnification.  Customer agrees to indemnify and hold harmless Company and the employees and agents of Company (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
  2. Limitation on Company Liability.  Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
  3. Arbitration.  ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF PHP5000 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
  4. Notices.  Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Customer as set forth in the Service Descriptions or Company as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (ii) five days after being sent, if sent by first class registered mail, return receipt requested. MUTT HOSTING INC, 70 A. Bonifacio St., AFPOVAI-4, Fort Bonifacio, Taguig.
  5. Mutt Hosting, Inc shall not be liable for delays or defaults. Mutt Hosting, Inc shall not be liable for delays or defaults in furnishing goods or services hereunder, if such delays or defaults on the part of Mutt Hosting, Inc are due to:
    1. Acts of God or of a public enemy;
    2. Acts of the Republic of the Philippines or political subdivision thereof;
    3. Fires, severe weather, floods, earthquakes, natural disasters, explosions or other catastrophes;
    4. Embargoes, epidemics or quarantine restrictions;
      Shortage of goods, labor strikes, slowdowns, differences with workmen or labor stoppages of any kind;
    5. Delays of supplier or delay of transportation for any reason;
    6. Causes beyond the control of TextDrive, Inc. in furnishing items or services including, but not limited to, breakdown or failure of machinery or equipment, or delay in Client reporting problems or furnishing information or materials. Acceptance of delivery of goods or services shall constitute a waiver and release of TextDrive, Inc by Client for any claim for damages, setoff, discount or other liability on account of delay.
  6. Third Party Transactions at Client’s Peril. The parties expressly recognize that Mutt Hosting, Inc does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with Mutt Hosting, Inc. Mutt Hosting, Inc does not make any express or implied warranties, representations or endorsements TO CLIENT OR ANY THIRD PARTY whatsoever with regard to any information, products or services provided through Mutt Hosting, Inc AND OBTAINED OR CONTRACTED OVER the Internet, including, without limitation, warranties of: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON INFRINGEMENT AND 7) TITLE. Mutt Hosting, Inc shall not be liable TO CLIENT OR ANY THIRD PARTY for any cost or damage arising either directly or indirectly from any transaction involving third parties’ information, products or services. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, Mutt Hosting, Inc ’s liability is limited to the greatest extent permitted by law.
  7. Downloading of Data or Files at Client’s Peril. The parties expressly recognize that Mutt Hosting, Inc cannot and does not guarantee or warrant that files available for downloading through Mutt Hosting, Inc will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Client agrees that it shall be solely responsible for implementing sufficient procedures to satisfy Client’s particular requirements for accuracy of data input and output, and for maintaining a means external to Mutt Hosting, Inc for the reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to Client, and access to such materials by Client is done at Client’s sole risk.
  8. Miscellaneous.  Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.