Terms of Sercices
Revision date: 6/13/2012
All services provided by Mitaki Restaurants ("Mitaki Restaurants") may
be used for lawful purposes only. Transmission, storage or presentation
of any information, data or material in violation of any United States
federal, state or city law is prohibited. This includes, but is not limited
to: copyrighted material, material we judge to be threatening or obscene,
or material protected by trade secret and other statute. The subscriber
agrees to indemnify and hold harmless Mitaki Restaurants from any claims resulting
from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content
that may be damaging to Mitaki Restaurants' servers, or any other server on
the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
hacker programs or archives
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL
MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER
ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE,
AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Mitaki Restaurants
WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
All account plans come with a predetermined amount of traffic allowance.
We monitor all accounts and bill $1.00 for each gig of traffic exceeded.
This amount is not prorated, meaning that 1 mb - 1 gig will be treated
and billed as the same.
We currently do not allow IRC or IRC bots to be operated on our servers.
Any attempt to undermine or cause harm to a server or customer of Mitaki Restaurants
is strictly prohibited. As our customer you are responsible for all your
accounts. Should you violate the Terms of Services outlined within, your
account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
All sub-networks, distributive hosting sites and dedicated servers of
Mitaki Restaurants must adhere to the above policies, with the exception of
system resources in respect to dedicated servers.
By the Account Activation Date of each month, Mitaki Restaurants shall either:
(1) debit the client's credit card (when such information has been provided
by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with
the applicable Service Fees for services rendered for the current month.
When an invoice is delivered to the client, payment shall be remitted
to Mitaki Restaurants by no later than the specified payment due date. Mitaki Restaurants
shall be entitled to immediately terminate this agreement for client's
failure to make timely payments. You will be provided with an invoice
on a monthly basis. All credit cards are billed automatically on a monthly
basis. It is the client's responsibility to ensure that they have sufficient
credit to cover this transaction. In the event that there is insufficient
credit, we will send an e-mail notification, at which point we will need
to be provided with another credit card account number within 24 hours.
If we do not receive a response within 24 hours, the account, and all
accounts under that account plan, will be suspended.
Certain services carry a setup fee charged by Mitaki Restaurants to
client, which must be paid by client in order to have use of said services.
If client terminates this agreement, client shall be responsible for any
and all outstanding fees owed to Mitaki Restaurants and agrees to pay
any and all fees incurred by client. Because the services are provided
on a monthly basis, the client will be responsible for service fees incurred
each month, regardless of when client provides notice of termination.
Thus, for example, if the client provides notice of termination on the
15th day of a particular month, the client will be responsible for service
fees for the entire month, and such fees will not be pro-rated or refunded.
Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.
Any account deactivated due to non-payment will require a reactivation
fee of $20.00 prior to reactivation.
We DO NOT refund partial monthly fees to accounts. We require 30 days
notice for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
Limitation of Liability
Mitaki Restaurants shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from Mitaki Restaurants
' servers going off-line or being unavailable for any reason whatsoever.
Furthermore, Mitaki Restaurants shall not be responsible for any claimed damages,
including incidental or consequential damages, resulting from the corruption
or deletion of any web site from one of Mitaki Restaurants ' servers. All
damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be referred to email@example.com.
All complaints will be investigated promptly. Failure to follow any term
or condition will be grounds for immediate account deactivation.
Mitaki Restaurants cannot be held liable for system down time, crashes or
data loss. We cannot be held liable for any predicated estimate of profits
which a client would have gained if their site was functioning. Certain
services provided by Mitaki Restaurants are resold. Thus, certain equipment,
routing, software and programming used by Mitaki Restaurants are not directly
owned or written by Mitaki Restaurants. Moreover, Mitaki Restaurants holds no
responsibility for the use of our clients' accounts. Failure to comply
with any terms or conditions will result in the automatic deactivation
of the account in question. We reserve the right to remove any account,
without advance notice for any reason without restitution, as Mitaki Restaurants
By activating your account with Mitaki Restaurants, you agree to the above
policies and disclaimer. Upon requesting activation of an account, you
are required to accept these policies, guidelines and disclaimer, and
a copy of your acceptance is forwarded along with your activation request
to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply
with these terms, no refunds will be given. We will, however, advise you
by e-mail or phone prior to taking any action to provide you with an opportunity
to correct the problem.
Server Uptime Guarantee
Mitaki Restaurants guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.
Mitaki Restaurants reserves the right to amend any or all of the above policies,
guidelines and disclaimer without notification. We also retain the right
to increase any pricing and make changes to our account plans without
Revision date: 6/13/2012
Mitaki Restaurants has created this privacy statement in order to demonstrate
our firm commitment to privacy. The following discloses the information
gathering and dissemination practices for this Web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and
to administer our Web site. We use this information for no other reason.
Our site uses an order form for customers to request services. (128 bit
encryption). We collect sensitive information which is used only for our
purpose, not third party receives any type of information from us.
Contact information from the order forms is used to get in touch with
the customer when necessary.
Billing information that is collected is used to bill the user for services.
Unique identifiers are collected from Web site visitors to verify the
Demographic and profile data is also collected at our site.
We use this data to tailor our visitor's experience at our site showing
them content that we think they might be interested in, and displaying
the content according to their preferences.
This site has security measures in place to protect the loss, misuse,
and alteration of the information under our control. We use strong SSL
encryption to ensure your privacy.
Information collected on this site is strictly for our use, NO OTHER
OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION,
Contacting the Web Site
If you have any questions about this privacy statement, the practices
of this site, or your dealings with this Web site, you can contact: firstname.lastname@example.org
Acceptable Use Policy
Revision date: 6/13/2012
As a provider of web site hosting and other Internet-related services,
Mitaki Restaurants offers its customer (also known as "Subscribers")
and their customers and users the means to acquire and disseminate a wealth
of public, private, commercial and non-commercial information. Mitaki Restaurants
respects that the Internet provides a forum for free and open discussion
and dissemination of information. However, when there are competing interests
at issue, Mitaki Restaurants reserves the right to take certain preventive
or corrective actions. In order to protect these competing interests,
Mitaki Restaurants has developed an Acceptable Use Policy ("AUP"),
which supplements and explains certain terms of each customer's respective
service agreement, and is intended as a guide to the customer's rights
and obligations when using Mitaki Restaurants' services. This AUP will be revised
from time to time.
One important aspect of the Internet is that no one party owns or controls
it. This fact accounts for much of the Internet's openness and value,
but it also places a high premium on the judgment and responsibility of
those who use it, both in the information they acquire and in the information
they disseminate to others. When subscribers obtain information through
the Internet, they must keep in mind that Mitaki Restaurants cannot monitor,
verify, warrant or vouch for the accuracy and quality of the information
they acquire. For this reason, the subscriber must exercise his or her
best judgment in relying on information obtained from the Internet, and
also should be aware that some material posted to the Internet may be
sexually explicit or otherwise offensive. Because Mitaki Restaurants cannot
monitor or censor the Internet, and will not attempt to do so, Mitaki Restaurants
cannot accept any responsibility for injury to its subscribers resulting
from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must
keep in mind that Mitaki Restaurants does not review, edit, censor or take
responsibility for any information its subscribers may create. When users
place information on the Internet, they have the same liability as other
authors for copyright infringement, defamation and other harmful speech.
Also, because the information created is carried over Mitaki Restaurants'
network and may reach a large number of people, including both subscribers
and non-subscribers of Mitaki Restaurants, subscribers' postings to the Internet
may affect other subscribers and may affect Mitaki Restaurants' goodwill,
business, reputation or operations. For these reasons, subscribers violate
Mitaki Restaurants policy and the Service Agreement when they, their customers,
affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet.
It is not only harmful because of its negative impact on consumer attitudes
toward Mitaki Restaurants, but also because it can overload Mitaki Restaurants'
network and disrupt service to Mitaki Restaurants' subscribers. Also,
maintaining an open SMTP relay is prohibited. When a complaint is received,
Mitaki Restaurants will investigate and shutdown the account that is
SPAMing. A $250 charge for violating this policy will be charged to the
person initiating the SPAM. Furthermore Mitaki Restaurants reserves
the right to prosecute for this violation. A $1.00 charge will be assessed
PER EMAIL sent should Mitaki Restaurants choose to pursue and prosecute.
Audio/Video Streaming is not hosting friendly. As such, Mitaki Restaurants
does not allow any streaming of audio or video content. Offending accounts
will be suspended without noticed or terminated.
Mitaki Restaurants does not allow adult content and will suspend/terminate
any offending account.
Large File Policy:
Mitaki Restaurants is not for file hosting and distribution - as such,
customers may not host any files larger than 50MB in size that are observed
to be available for the sole purpose of download. Such files include but
are not limited to .ISO, audio/video files, .EXE files. If you are unsure
whether your file is against this policy, please e-mail email@example.com.
Obscene Speech or Materials:
Using Mitaki Restaurants' network to advertise, transmit, store, post, display,
or otherwise make available child pornography or obscene speech or material
is prohibited. Mitaki Restaurants is required by law to notify law enforcement
agencies when it becomes aware of the presence of child pornography on
or being transmitted through its network.
Defamatory or Abusive Language:
Using Mitaki Restaurants' network as a means to transmit or post negative,
defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole
or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or
networks belonging to another party, or attempting to penetrate security
measures of another individual's system (often known as "hacking").
Also, any activity that may be used as a precursor to an attempted system
penetration (i.e., port scan, stealth scan or other information-gathering
Distribution of Internet Viruses, Worms, Trojan Horses or Other
Distributing information regarding the creation of and sending Internet
viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial
of service attacks. Also, activities that disrupt the use of or interfere
with the ability of others to effectively use the network or any connected
network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software,
program, product or service that is designed to violate this AUP, which
includes the facilitation of the means to spam, initiation of pinging,
flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points
outside the United States.
Mitaki Restaurants reserves the right not to accept postings from newsgroups
where we have actual knowledge that the content of the newsgroup violates
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but
not limited to, advertising, transmitting or otherwise making available
ponzi schemes, pyramid schemes, fraudulently charging credit cards and
Engaging in activities, whether lawful or unlawful, that Mitaki Restaurants
determines to be harmful to its subscribers, operations, reputation, goodwill
or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities
just described rests primarily with the subscriber. Mitaki Restaurants will
not, as an ordinary practice, monitor the communications of its subscribers
to ensure that the comply with Mitaki Restaurants' policy or applicable law.
However, when Mitaki Restaurants becomes aware of harmful activities, it may
take any action to stop the harmful activity, including, but not limited
to, removal of information, shutting down a web site, implementing screening
software designed to block offending transmissions, denying access to
the Internet, or any other action deemed appropriate by Mitaki Restaurants.
Mitaki Restaurants is also aware that many of its subscribers are themselves
providers of Internet services, and that information reaching Mitaki Restaurants'
facilities from those subscribers may have originated from a customer
of the subscriber or from another third party. Mitaki Restaurants does not
require its subscribers who offer Internet services to monitor or censor
transmissions or web sites created by customers of its subscribers. Mitaki Restaurants
reserves the right to directly take action against a customer of its subscribers.
Also, Mitaki Restaurants may take action against the Mitaki Restaurants' subscriber
because of activities of a customer of the subscriber, even though the
action may affect other customers of the subscriber. Similarly, Mitaki Restaurants
anticipates that subscribers who offer Internet services will cooperate
with Mitaki Restaurants in any corrective or preventive action that Mitaki Restaurants
deems necessary. Failure to cooperate with such corrective or preventive
measures is a violation of Mitaki Restaurants policy.
Mitaki Restaurants will not intentionally monitor private electronic mail
messages sent or receive by its subscribers, unless required to do so
by law, governmental authority or when public safety is at stake. Mitaki Restaurants
may, however, monitor its service electronically to determine that its
facilities are operating satisfactorily. Also, Mitaki Restaurants may disclose
information, including, but not limited to, information concerning a subscriber,
a transmission made using our network, or a web site, in order to comply
with a court order, subpoena, summons, discovery request, warrant, statute,
regulation or governmental request. Mitaki Restaurants assumes not obligation
to inform the subscriber that subscriber information has been provided
and, in some cases, may be prohibited by law from giving such notice.
Finally, Mitaki Restaurants may disclose subscriber information or information
transmitted over its network where necessary to protect Mitaki Restaurants
and others from harm, or where such disclosure is necessary to the proper
operation of the system. However, Mitaki Restaurants will never sell information
to other services or outside companies.
Mitaki Restaurants expects that its subscribers who provide Internet services
to others will comply fully with all applicable laws concerning the privacy
of online communications. A subscriber's failure to comply with those
laws will violate Mitaki Restaurants policy. Finally, Mitaki Restaurants wishes
to emphasize that, in signing the Service Agreement, subscribers indemnify
Mitaki Restaurants for any violation of the Service Agreement, law or Mitaki Restaurants
policy resulting in loss to Mitaki Restaurants or the bringing of any claim
against Mitaki Restaurants by any third party. This means that, if Mitaki Restaurants
is sued because of a subscriber's or customer of a subscriber's activity,
the subscriber will be responsible for payment of any damages awarded
against Mitaki Restaurants, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet
users, including Mitaki Restaurants and its subscribers, as responsible
members of the Internet. Any complaints about a subscriber's violation
of this AUP should be sent to firstname.lastname@example.org.