THIS AGREEMENT IS BETWEEN MK10 Hosting and you where “you” is referred to as (“Account Holders "Users", “Members”, “Customers”, or “Subscribers”)

MK10 Hosting agrees to furnish internet based services associated with web sites, web hosting and domain registration to the user. Use of MK10 Hosting Services constitutes acceptance and agreement to MK10 Hosting's policies and are subject to the terms above and as follows:

Content

At MK10 Hosting, we strongly prohibit the use of any of our services for any illegal activities. Although we are a global web hosting service provider, all our subscribers must be in accordance with UK laws. Ultimately you, the customer, are solely responsible for the content stored on your MK10 Hosting account.

Users shall not include content, or internet links to content on their site that contains, promotes or involves any of the following. Examples include but are not limited to:

1. Any copyright, patent, trademark, or other intellectual property right.
2. Child Pornography
3. Hate content
4. Threatening, racial, or otherwise abusive content.
5. Any and all content inciting, instructing, or promoting illegal activities.
6. Fraud, MLM (Multi-Level Marketing), Pyramid schemes, or any other activities deemed to be fraudulent.
7. Hacking/Phreaking, warez, cracks, spam software or any material that contains a virus or any other harmful code.
8. IRC Bots and Proxy Scripts.

If you believe that your copyright or trademark is being infringed upon, please email abuse@mktenhosting.com with any information.

Customers who are found hosting any prohibited site content will be given 48 hours to remove the content otherwise their account will be suspended. In exceptional circumstances (hosting Child Pornographcy, hate content ,phishing sites etc...) the customers site and account will be terminated immediately.

If you are in any doubt as to whether your site falls into one of these prohibited areas then send an e-mail to abuse@mktenhosting.com and we will review your site and make recommendations accordingly.

SPAM and Unsolicited Commercial Email (UCE)
MK10 Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of MK10 Hosting may not use or permit others to use our network to transact in UCE. Customers of MK10 Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Upon notification of an alleged violation of our SPAM policy, MK10 Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, MK10 Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, MK10 Hosting may, at its sole discretion, restrict, suspend or terminate a customer's account. Further, MK10 Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. MK10 Hosting will notify law enforcement officials if the violation is believed to be a criminal offence.

System and Network Security
Users are prohibited from violating or attempting to violate the security of the MK10 Hosting Network. Violations of system or network security may result in civil or criminal liability. MK10 Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. These violations include, without limitation:

• Accessing data not intended for such User or logging into a server or account, which such User is not authorised to access.
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
• Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
• Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
• Taking any action in order to obtain services to which such user is not entitled.

Disclosure to Law Enforcement
At MK10 Hosting, we specifically forbid the use of our service for any unlawful activities. Therefore the user agrees that the Company may reveal any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition MK10 Hosting shall have the right to terminate all service set forth in this Agreement.

Notification of Violation
MK10 Hosting is under no duty to look at each customer's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities. If a violation is reported to us then the user whose account is involved will be notified within 24 hours.

Payment
Accounts will only be setup once cleared payment of the required charges has been received. Subsequent payments are due on the anniversary date of the month for that period's service. It is the customer's responsibility to ensure that their payment information is up to date, and that all invoices are paid on time. Customers will be e-mailed once their account is 7 days overdue and a further two e-mails will be sent if their account remains in this state until the account is 14 days overdue. Accounts that reach 14 days past payment due date will be suspended automatically. If you want to cancel your account, please login to your customer account and follow the instructions.

Overpayments can be made on your account and these funds will be used at the point an invoice becomes due. Customers who are going on holiday and will not be able to access their account and advised to use this facility so that their site is not suspended if an invoices becomes due.

Refunds and Guarantees
To prove to you how confident we are in our services, we will offer you a 30 day money back guarantee on web hosting plans and packages. If for any reason you are not completely satisfied with our services and cancel your account within the initial 30 days from the initial order date of your account we will refund you all your money. Domain name registration and transfers are non-refundable.

MK10 Hosting will not issue refunds to users who have their account terminated by MK10 Hosting, for breach of our terms of service. Refunds will not be made to users who exceed their allocated bandwidth limit. Accounts that are renewed for additional terms are also not subject to our money back guarantees.

Uptime Guarantee
If your shared account has a physical downtime that is not within the 99.5% uptime then you will be eligible for one month of credit on your account. Any claim must be submitted to the Sales department from your customer account and the approval of the credit is at our discretion. Any downtime on our servers is catalogued and we therefore do not accept any 3rd party monitoring reports to backup a claim of downtime.

Account Cancellation
Requests for canceling accounts may be made in writing or through the helpdesk system. MK10 Hosting’s preferred method of cancellation is via the helpdesk of your MK10 Hosting account. Please log into the helpdesk and you can request to have your account cancelled.

Resource Usage
Users must not use excessive system resources within the usual running of their sites. Activities that can cause such problems include (but are not limited to) CGI/PHP scripts, FTP and HTTP. Users are prohibited from running the following processes on their account:

• Any server side daemon such as IRCD.
• Any software that interfaces with an IRC network.
• Any bit torrent application, tracker or client.
• Run any gaming servers such as Counter Strike etc..
• Run any cron process that is active in intervals of less than 15 minutes.

Bandwidth and Disk Usage
The customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the services ordered by the customer on the order form (the "Agreed Usage"). MK10 Hosting will monitor each customer's bandwidth and disk usage. MK10 Hosting shall have the right to take corrective action if a customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in MK10 Hosting's sole and absolute discretion. If MK10 Hosting takes any corrective action under this section the customer shall not be entitled to a refund of any fees paid in advance prior to such action.

Backups
MK10 Hosting does not perform full backups of customer files as this is both costly and time consuming. We advise all customers to keep their own backups regular backups which can be made from within cPanel. We do keep daily, weekly and monthly backups of all user MySQL databases and these can be restored by submitting support request from your customer account.

Support Boundaries
MK10 Hosting, provides e-mail technical support to our subscribers and all support is limited to our areas of expertise. The following are our guidelines when providing support:

• MK10 Hosting does not offer tech support for application specific issues such as cgi programming, html or any other such issue.
• MK10 Hosting does not provide technical support for PHP scripts or scripts installed via Installatron.

Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

MK10 Hosting takes no responsibility for any material input by others and not posted to the MK10 Hosting Network by MK10 Hosting. MK10 Hosting is not responsible for the content of any other web sites linked to the MK10 Hosting Network; links are provided as Internet navigation tools only. MK10 Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

All provisions of this contract are subject to the TOS (Terms of Service) of MK10 Hosting and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

Disclaimer
MK10 Hosting is not responsible for any damages your business may suffer. MK10 Hosting does not make implied or written warranties for any of our services. MK10 Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by MK10 Hosting.