Terms Of Service

Terms of Use and Conditions

To use the plans / services Menigma Hosting, the client must read and agree to the Terms of Use described below:

Activation accounts / e-mail address used for registration

Your account will be activated after the effective confirmation of receipt of payment for the (s) service (s) contractor (s). This confirmation will be obtained from the financial institution responsible for transaction processing and validated after proof of legitimacy.

At the time of contracting the service, the customer must register a non e-mail to one of the areas that will stay in your plan. This email will be used for communication between the Menigma Hosting and the client, so it is your responsibility to keep your records up to date. Providing false identifying information will result in termination of your account.

If necessary, the client can register more than one e-mail in your Subscriber Center to receive e-mails sent by Menigma Hosting.

For any type of contract made with credit card, you may be asked to send information to prove the legitimacy of purchase. If this request is not met, the application may be considered fraudulent and therefore denied.

Transfers accounts

The Menigma Hosting undertakes to make the attempt to transfer your account hosted on another server, provided they are accounts that use the administrative panel cPanel or Plesk and there are no restrictions on the options " Full Back-up ". In this way there will be a complete transfer of its hosting and all your account information will be preserved: files, databases, e-mails, passwords, etc.

After migration of your account, minor adjustments may be needed, since small configuration characteristics may differ between hosting companies. Our transfer team will strive to the utmost to successfully carry out the transfer of your account, but can not estimate the time required for each transfer, as many factors influence this activity.

To request the transfer / migration of some hosting account, the customer must submit a ticket for its Subscriber Center requesting it, along with your account access data in another company.

It is the customer's responsibility to change the DNS upon completion of the migration.

Content

It is not allowed under any circumstances  auction sites, social networking and games on shared servers and VPS.

All services offered by Menigma Hosting are for legal purposes. The customer must agree to hold harmless Menigma Hosting from any liability for the improper use of their services. It is forbidden the use of our services so that they can disregard the registration of trademarks and patents and / or infringe copyright terms and assignment of intellectual property. This includes - but is not limited - to publish and distribute unauthorized music, videos, books, photographs, or any other legally protected material. Trade / disclosure of any illicit product will result in immediate termination of your account.

If you believe that your copyright and / or registered trademarks are suffering violations through services contracted with us, please send an email to abuse@menigmahost.com.br  with all relevant information to the case.

- Examples of unacceptable material on shared plans (hosting plans / resale): IRC Bots, web-proxy scripts and / or incognito (anonymizers), unlicensed software (pirated), 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 (mirrors other sites), data repository, exclusive banner-ad services (rotating banners), affiliate servers, topsites scripts, escrow (financial activities involving security), HYIP / PIAR (High-Yield Interest Programs / Investment Programs High Risk) and the like, investment sites like Forex and e-Gold Exchange, AutoSurf (visits exchange systems), fraudulent programs (Bank Debenture Trading programs, Prime Banks programs, etc.), lottery sites, MUD / RPG, sites that encourage racism / hate / fanaticism, sites related to "hack" malicious scripts (such as "IP scanner", attacks password discoveries / brute-force, mass sending of e-mails), sites that host / disclose any type of malware (malware), and any type of site to promote / publicize illegal activities.

A shared account can not be used as a back-up device / storage (except for one back-up of your own cPanel account / Plesk). Likewise, you may not make files available for download.

- Examples of unacceptable material on plans for dedicated servers: 
unlicensed software (pirated), websites and forums that distribute or disseminate cracks / cheats / warez, escrow (financial activities involving security), HYIP / PIAR (High-Yield Interest Programs / High investment programs Risk) and related, investment sites like Forex and e-Gold Exchange, trading of any product / merchandise without proper property or explicit permission, AutoSurf / PTC / PTS / PPC sites (visits exchange systems) , fraudulent programs (Bank Debenture Trading programs, Prime Banks programs, etc.), lottery sites, sites that encourage racism / hate / fanaticism, sites related to "hack" malicious scripts (such as "IP scanner", password discoveries attacks / brute-force, mass sending of e-mails), sites that host / disclose any type of malware (malware), and any type of site to promote / publicize illegal activities.

We reserve the right to refuse service or availability of resources to any individual. Any material we deem to be obscene, illegal or violates these terms of use will be removed from our servers with or without notice.

There is a tolerance of up to 48 hours for the customer to answer any email sent to you through our ticket system. Failure to reply to an e-mail sent by the complaints department ( abuse@menigmahost.com.br ) within 48 hours may result in suspension or termination of your account. All matters relating to complaints must be dealt with via ticket.

If you are not entirely sure about the legality of hosting with us their sites / services, please contact via e-mail  abuse@menigmahost.com.br , describing the features of its activities and pointing decisive points that may or may not generate doubts about the acceptance. We will be happy to serve you.

It is expressly prohibited sexual exploitation of children, including - but not limited to - child pornography, full nudity or partial of children and adolescents, pedophilia and the like. Any account that you use our services to disclose / host materials with such content will be immediately suspended without notice and notified to the competent authorities.

Note to Dealers: If one of your accounts to present this type of offense, we will suspend it and notify you so you even shut down. In addition, we will monitor other accounts, and if there is a new offense of this kind in its resale, your main account may be canceled.

It is absolutely customer's responsibility to ensure that scripts / programs installed on your account are secure and permissions of your folders / directories are set correctly (regardless of installation method). Folders / directories must be configured with permission 755 (or more restrictive). Files must be configured with permission 644 (or more restrictive). The customer is solely responsible for all actions arising from the use of your account, and that includes the preservation of security credentials to access systems (login / password). It is essential that customers always use strong passwords. If an insecure password is detected, your account may be suspended until you set a new password (long, complex and difficult to deduction).
Periodic audits can be performed on our servers to prevent unsafe passwords can be used. If an audit point an insecure password to your account, we will send you a notification with a deadline for amendments thereto.

We always recommend the use of long passwords (at least 12 characters), alternating between upper and lower case letters, numbers and special characters.

Policy of zero tolerance against SPAM

The Menigma Hosting defends, supports and implements the ZERO TOLERANCE policy against sending emails in bulk, unsolicited messages (whether of any kind and for any purpose) and SPAM. Mechanisms  Safelists  and  Double opt-in  will be considered and treated as SPAM. Any account that is used to send SPAM will be terminated with or without notice.

Sites that make announcements and disclosures via SPAM (Spamvertised) may not be hosted on our servers. This standard includes - but is not limited to - SPAM sent via fax, email, instant messaging , or usenet / newsgroups. No organization or entity listed by  BARRACUDA  can make use of our services.Any account that causes one of the IPs of our servers are entered in a blacklist will be immediately suspended and / or terminated.

The Menigma Hosting reserves the right to request changes in (or off, if necessary) any web site, account, database, or other component that does not comply with established policies. We still reserve the right to make emergency character changes based on reasonable criteria.

payments

The customer must agree in advance to carry out payment for contracted services throughout the plan. You must also agree to the automatic renewal plan for a period equal to the corresponding to the last contract cycle, which will not occur ONLY if the customer expresses his explicit desire to cancel the contracted service. Cancellations must be formalized (at least 24 hours before the date termination of employment) through its Subscriber Center.

In the case of domain renewals made by credit card if you do not wish to renew them, there is a need for demonstration. Otherwise it will be renewed automatically as the payment made.

As a customer of Menigma Hosting, it is your responsibility to keep up all their commitments payments, as well as sending information that identifies youwhen performed by methods that require evidence (eg payments by deposit / bank transfer) . See our Financial Department (financeiro@menigmahost.com.br ) to know the table of penalties / interest for late payment. After the discharge of debts (upon due proof), your account will be reactivated within 01 working day (average time 10 minutes).

All plans and services offered by Menigma Hosting will be suspended after 05 days of delay. After 30 days late, they will be canceled and all data removed from our servers, without the possibility of recovery.

In all plans offered by our company, any pending additional services payment will result in the general suspension of the plan. When you contact us asking to change the date of the ticket, proportionate interest will be charged. Change the date of the ticket does not change the plan due date. So the plan is still winning on the original date and is payable in the month following the original due date.

Accounts suspended for financial default shall be entitled to back-up if they are reactivated upon payment. The customer has the entire plan period of validity of the request for back-up at any time. From the moment the account is suspended, you must reactivate it to have access to back-ups.

The Menigma Hosting reserves the right at any time to change the values ​​of the announced plans, according to market trends.

Back-ups

The Menigma Hosting  NOT  responsible for files and / or other data stored in your account. The plan does not give information retrieval guarantees lost under any eventualities: use it at your own risk. The customer must agree to assume full responsibility for the files contained on our servers as well as maintain their own backups (backup) off the server.

The Menigma Hosting keeps active a routine weekly back-ups (performed on weekends) plans hosted on shared servers. Enter this routine accounts of up to 20GB of data and have up to 100,000 nodes (files, folders, emails, etc). The contents of the back-up is overwritten every two (2) weeks.

If the customer needs the restoration of any back-up, you must send a ticket in your Subscriber Center with the request. The restoration process is  FREE.

This procedure  is not guaranteed , and the customer must agree to keep in a safe place your own back-up. The customer is not informed about success or failure of the back-up routine. Customer 's responsibility to keep the account within the pre-established standards to back up if you need this feature.

For questions about this, send us a ticket to our Subscriber Central questioning whether your account is covered in routine back-up.

The Menigma Hosting  NOT  done  any  kind of back-up of dedicated or semi-dedicated servers. This activity is entirely the customer's responsibility.

Cancellations and refunds

The Menigma Hosting reserves the right to cancel at any time and all any account that violates our terms of use. Accounts canceled for breach of the terms of use will not have the money returned.

Any disrespectful attitude toward the members of our team may result in suspension or termination of your account.

Guests can request to cancel your account at any time by the Subscriber Center.

The Menigma Hosting offers a guarantee of up to  30 days  to return (refund) of the amount corresponding to the contracted plan if the customer is not satisfied with the plan's resources.

Dedicated Servers:  . Under no circumstances will the total or partial refund of amounts relating to this type of hiring  TO HIRE  the plan the customer claims to be aware of and in accordance with this clause, since there is no charge for installation fee / configuration.

dedicated servers must be submitted at least 05 days before the due date, otherwise the amount will be charged monthly mandatory payment.

Services and Modules WHMCS:  . Under no circumstances will the total or partial refund of amounts relating to this type of contract  TO HIRE  service / module the customer claims to be aware of and in accordance with this clause.

All WHMCS WHMCS modules and services have a time limit of support 01 years. If the customer wants new updates of the services or modules purchased, the customer must make a new purchase.

VPS servers:  . In no event will return all or part of amounts for this type of hiring  TO HIRE  the plan the customer claims to be aware of and in accordance with this clause, since there is no charge for installation fee / configuration.

Licenses:  . In no event will return all or part of amounts for this type of hiring  TO HIRE  the plan the customer claims to be aware of and in accordance with this clause, since there is no charge for installation fee / configuration.

Plans Shared Hosting:  There refund (within 30 days) but will be charged an administrative fee  of R $ 4.99 (four Reais and Ninety-Nine Cents) . This fee covers our payment processing and operating costs, with a single rate for any of the shared plans.  If the client requests a migration, that is, if our team to migrate to the customer, no refund.

Reseller Plans:  If migrating your reseller accounts is performed by the team of Menigma Hosting,  there will be NO REFUND . If the customer has made the migration without our technical assistance will get the money back minus the administration fee  of R $ 4.99 (four Reais and Ninety-Nine Cents) .

Audio Streaming Plans:  There refund (within 30 days) but will be charged an administrative fee  of R $ 4.99 (four Reais and Ninety-Nine Cents) . This fee covers our payment processing and operating costs, with a single rate for any of the plans.

SSL certificates:  . In no event will return all or part of amounts for this type of hiring  TO HIRE  the plan the customer claims to be aware of and in accordance with this clause, since there is no charge for installation fee / configuration.

Plans Email Marketing:  There refund (within 30 days) but will be charged an administrative fee  of R $ 4.99 (four Reais and Ninety-Nine Cents) . This fee covers our payment processing and operating costs, with a single rate for any of the plans.

NO  no refund for administrative fees, support, odd jobs, installation, or buying domains. Once canceled an account and using the money back guarantee, this guarantee does not apply to future signings made by the same client.

Accounts suspended or terminated for violating the provisions of these terms of use  NOT  be entitled to money back guarantee.

Use of resources

Shared servers users can NOT: 
a)  Use 25% or more of the processing resources, memory, disk usage, link to the Internet, etc. server for periods equal or longer than 90 seconds. There are numerous causes for an account has this bad behavior, such as: very popular sites with large numbers of simultaneous accesses, plugins for content management systems, poorly developed scripts, CGI scripts, overuse activities of FTP, PHP, HTTP, databases, etc. 
b)  Run stand-alone applications on the server. This includes any kind of daemon such as IRCD; 
c)  Run on servers shared any web-spyder or indexer (including Google Cash / AdSpy); 
d)  Run any application that interacts with IRC networks (Internet Relay Chat); 
e)  Run any bit torrent application, tracker and the like. It is allowed to use links to torrents legalized, but is not allowed to host them (store them) in our shared servers; 
f)  Participate in any file-sharing activity (file-sharing) or peer-to-peer activities (p2p) ; 
g)  Run any type of game server such as Counter-Strike, Half-Life, battlefield1942, etc. 
h)  hosting any type of executable programs (.exe, .com, .bat, etc.) that can be or be contaminated by viruses; 
i)  Schedule tasks (cron jobs) at intervals of less than 15 minutes; 
j)  websites or other applications with behavior (whatever) incompatible with the shared environment may be suspended and asked to migrate to a dedicated environment . 
k)  is unacceptable host any type of phishing files on our servers, both shared and dedicated servers. Any practice of this kind has been identified, we will remove the account automatically from our servers and the plan will be canceled and have no right to refund. 
L)  Exceeding more than 200 items of emails per hour per domain ( FORBIDDEN SEND SPAM ).

Use traffic (bandwidth)

Each plan gives the right to use a certain amount of monthly traffic (this amount varies according to the contracted plan). Use of this traffic limit should be evenly distributed within the month. Your account should end the month without exceeding this limit, otherwise it will be suspended until you start the next month or more traffic resources are purchased or your account is migrated to a plan that offers more features. The bandwidth is a non-cumulative resource: unused traffic within the month can not be transferred to the following month.

availability guarantees (uptime)

If your shared hosting account or resale is unavailable for technical / physical problems that are not covered by the guarantee of 99.9% uptime, you may be entitled to credits for the following month. The credit approval is the responsibility of Menigma Hosting and depend on the reasons and provided evidence. third-party monitoring tools can not be accepted as supporting documentation for a number of factors such as the capacity and availability of the tool. The uptime of the server is considered according to the information provided by the operating system itself and the available services (web server, e-mail, etc.). To request a credit rating, please send a support ticket for your Subscriber Center stating your main domain and downtime observed. All contact regarding this matter should be done through tickets. The approved credit will be provided in proportion to the time that the server / services have been unavailable.

This warranty applies to shared servers (hosting accounts and resale). Dedicated servers are covered by the network availability guarantee, which is not related to our uptime guarantee.

Resales: Customer Responsibility

Resellers are responsible for providing support to their own customers: Menigma Hosting  NOT  provide direct support to customers of our resellers customers. Menigma Hosting reserves the right to refuse any support request performed by the final customers of resellers: every request for assistance must be made by the dealer himself and this is then responsible for forwarding the solution to your customer.

Resellers are responsible for the content stored or transmitted by your account and also for account of its clients. The Menigma Hosting maintains no contractual relationship with any of the end customers of dealers, and dealer undertakes to take responsibility for the action of any of their clients.Accounts that violate our terms of use should be suspended / canceled by the retailer to that suit. The Menigma Hosting reserves the right, with or without notice, take appropriate action (and they include suspension and closure) with respect to customer accounts of our dealers who do not comply with our terms of use.

shared accounts (I Hosting, Hosting II, III Hosting and Hosting IV)

shared account resources can not be resold. No hosting plan client can resell features of your plan. If you have the need to resell plans, resources, accounts, or services, should hire a reseller plan. Terms like "my client" used in any of the means of contact with the Menigma Hosting making references to hosting plans will be considered breach of this clause and may result in account suspension until the client to perform upgrade to a reseller plan.

dedicated servers

Your server will be installed, configured and delivered, usually between 24 and 72 hours after confirmation of payment.  If our team ask any customer documentation, this period is counted from the date of receipt of the necessary documentation.

The Menigma Hosting will not give,  under any circumstances , from auction sites servers. If the customer decides by purchasing a server for this purpose, only offer the hardware, without any support.

The Menigma Hosting reserves the right to conduct audits on dedicated servers according to the need and to carry out any administrative task requested by the data center, such as reboots, hanging accounts in violation of the terms of use, removing files malicious, disabling fraudulent websites (phishing), or any other activity that compromises the security of the server, network or other systems / individuals.

The Menigma Hosting is committed to deliver to the client and the server configured with absolutely secure passwords. The customer in turn must commit to maintaining the standard of complexity adopted by Menigma Hosting and inform it of changes to server access passwords so that appropriate audits and support calls can be made. The Menigma Hosting reserves the right to change the passwords for administrative accounts (superuser) dedicated servers where these are different from those provided by the customer. The customer is responsible for providing Menigma Hosting updated information on passwords server, thus avoiding downtime of services due to procedures that have to perform password reset. During the hiring plan, customer responsibility is to enter a valid email address and it affordable, not belonging to one of the areas that will host us. In case you need to contact the customer, Menigma Hosting will use this address.

The Menigma Hosting  NOT  performs back-ups of dedicated servers. It is entirely your responsibility to keep your own back-up or find a solution for it.The customer can get us a disk-drive (HD) added in order to maintain a simple back-up, although not the ideal solution. Please contact vendas@menigmahost.com.br  if you want to purchase an extra hard-drive. Customer 's responsibility to set up any routine back-up on dedicated server.

It is not allowed to change a plan of a  Dedicated Server  for  VPS  under downgrade. The VPS plans are  incompatible  because its specifications are well below any server plan Dedicated. So unfeasible migration of a dedicated server for a shared (VPS, Reseller and other plans).

VPS servers

The VPS server will be REMOVED after 07 days of suspension.

- Use of Proceeds 
Not allowed to VPS accounts: 
a) are not allowed to auction sites, social networking and gaming. 
B)  exceed the processing capabilities in values greater than two (2) times the total supplied processing cores, for a period greater than 15 minutes. 
c)  perform civil servants IRC or malicious bots. 
d)  perform any BitTorrent client or tracker that link to or perform downloading illegal content. 
e)  using open proxy server / public, or use a proxy server to access illegal or malicious content. 
f)  use of intensive application I / O that adversely affect normal server operations. 
- inodes 
VPS accounts are delivered with the standard limit of 1,000,000 inodes for better protect the file system. The limit can be increased if a legitimate reason exists and is presented to us. To request a change, please contact our support team. 
- E-mail Policy 
VPS Accounts e-mail policies are the same as for other shared hosting plans. 
- Back-ups and Loss Data

The Menigma Hosting  NOT  responsible for files and / or other data stored in your account. The plan does not give information retrieval guarantees lost under any eventualities: use it at your own risk. The customer must agree to assume full responsibility for the files contained on our servers as well as maintain their own backups (backup) off the server. The Menigma Hosting keeps active a weekly back-up routine. The contents of the back-up is overwritten every two (2) weeks. This procedure is free and there are no warranties of any kind: the customer must agree to keep in a safe place your own back-up. Back-ups will not be realized for accounts that have been suspended or canceled for any reason, unless previously agreed in writing by Menigma Hosting.

Indemnity

The customer must agree to hold harmless Menigma Hosting from any and all claims, liabilities, losses, income and expenses (including legal fees causes against Menigma Hosting, its agents, customers, officers and employees) that may arise or result from any services rendered or run (or scheduled to run) or any product sold by customer, its agents, employees or partners. The customer must agree to hold harmless Menigma Hosting from any and all liability arising from: i) any damage to person or property arising from the commercialization of products and / or services published or distributed through contracted plans; II) any material published / distributed by the client may infringe national and / or international laws, including copyright laws and intellectual property; III) Copyright infringement; IV) any product / defective service marketed through the plans hosted on our servers;

The customer is solely responsible for answering for the actions resulting from the misuse of the contracted plan.

Third-party applications support

The Menigma Hosting does not support third-party applications, or in any situation, platform or programming language (ASP, PHP, .NET, Javascript, etc.).

other responsibilities

The Menigma Hosting is not responsible for any damage that your company / business may suffer. The Menigma Hosting does not offer any kind of warranties, express or implied, about the services it provides. The Menigma Hosting does not provide any warranty of merchantability (or fitness) for any purpose. This includes loss of data resulting from delays, non-deliveries, wrong and all deliveries and any disruption of services caused by Menigma Hosting and / or its employees.

Breach of confidentiality for law enforcement

The Menigma Hosting can provide all data from any client to the competent authorities so that these can take appropriate action according to the law.Information about the customer data can be transferred at the request of the competent bodies, without the customer is aware or is notified. The Menigma Hosting has absolute interest in contributing to that laws are always properly fulfilled.

Changes in Terms of Use

The Menigma Hosting reserves the right to revise its service policies at any time, with or without notice.

The National and International Domain Records

The Menigma Hosting is a domain registration provider approved by  Registro.br  and by  ICANN . So we are allowed to register national and international domains. We use our hiring process to offer the National Domain Registration Service and International, and these are then made  after confirmation  of payment of such services. However it can happen that in the time between contracting and the record itself, another provider entity or individual to register the same domain before finalizing our process. The Menigma Hosting commits the money back or do domain switching to another available, however it is not possible to register a domain as another already made his record.

- In case of delay in payment of the renewal of national and international domains  we can not be responsible  for loss.

- All standards, rules and information issued by ICANN (www.icann.org) NIC.br (www.registro.br) and CGI.br # Internet Steering Committee (www.cgi.br) are also valid for this Terms of use.

The Menigma Hosting reserves the right to revise its service policies at any time, with or without notice.