Legal Statement

Application Hosting Agreement – Terms of Service

  1. Services. Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of MCIS’s credit approval requirements, MCIS agrees to provide Application hosting services based on the Order.
  2. Term. The initial service term of the Agreement shall begin on the date that MCIS generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of the same length as the Initial Term (each a “Renewal Term”) unless MCIS or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”
  3. Payments.
    1. Fees. Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly as indicated on the Order, beginning on the Service Commencement Date. MCIS may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes MCIS to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise MCIS will invoice Customer via electronic mail to the Primary Customer Contact. Invoiced fees will be issued on or before the 10th day of month for the previous month, and the fees shall be due Net 20.
    2. Payments must be made in United States dollars. Customer is responsible for providing MCIS with changes to billing information (such as credit card expiration, change in billing address) At its option, MCIS may accrue charges to be made to a credit/debit card until such charges exceed $10.00. MCIS may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. MCIS may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay MCIS’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay MCIS’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
    3. Fee Increases. MCIS may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
    4. Taxes. At MCIS’s request Customer shall remit to MCIS all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on MCIS), regardless of whether MCIS fails to collect the tax at the time the related services are provided.
  4. Early Termination. Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event MCIS terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for MCIS’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
  5. Money Back Guarantee. MCIS’s application hosting includes a full 30-days money back guarantee. If Customer is not completely satisfied with MCIS’s services within the refund time period of 30 days, then Customer will be given a full refund of the contract amount excluding overages. No refund is available after that period. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, domain registrations, SSL Certificates and/or unique IP orders etc. Accounts canceled/terminated for violating the Terms of Service do not qualify for the 30-day money back guarantee. Only first-time accounts are eligible for a refund. Refunds are processed in the same manner payment was made and may take up to 5-15 business days to complete. MCIS may register or transfer a domain name for Customer at no cost as part of the package that Customer ordered. If Customer account is canceled within 12 months, Customer will be charged $10 for the domain registration. On dedicated/virtual private servers, and co-location no full refund will be honored, the 30 day money back guarantee does not apply to dedicated/virtual private servers.
  6. Acceptable Use Policy. Customer agrees to use the service in compliance with applicable law and MCIS’s Acceptable Use Policy which is hereby incorporated by reference in this Agreement. Customer agrees that MCIS may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on the earlier of MCIS’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with MCIS’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between MCIS and Customer regarding the interpretation of the AUP, MCIS’s commercially reasonable interpretation of the AUP shall govern.
  7. Customer Information. Customer represents and warrants to MCIS that the information he, she or it has provided and will provide to MCIS for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to MCIS that he or she is at least 18 years of age. MCIS may rely on the instructions of the person listed as the Primary Customer Contact shown below with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
  8. Indemnification. Customer agrees to indemnify and hold harmless MCIS, MCIS’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
  9. Disclaimer of Warranties. MCIS DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW MCIS DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
  10. Limitation of Damages. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF MCIS AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
  11. Suspension/Termination.
    1. Suspension of Service. Customer agrees that MCIS may suspend services to Customer without notice and without liability if: (i) MCIS reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) MCIS reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay MCIS’s reasonable reinstatement fee if service is re-instituted following a suspension of service under this subsection.
    2. Termination. The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if MCIS fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by MCIS prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from MCIS describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
  12. Requests for Customer Information. Customer agrees that MCIS may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that MCIS believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
  13. Changes to MCIS’s Network. Upgrades and other changes in MCIS’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. MCIS reserves the right to change its network in its commercially reasonable discretion, and MCIS shall not be liable for any resulting harm to Customer. Maintenance periods will be scheduled during non-business business hours. Routine maintenance will be conducted on the third or fourth Saturday night of each month after 9 pm Mountain Time and will not be counted against service level commitments.
  14. Server Resource. Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. MCIS shall be the sole arbiter of what is considered to be a high server usage level.
  15. Notices. Notices to MCIS under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://www.missioncriticalis.com. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact below. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
  16. Force Majeure. MCIS shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond MCIS’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
  17. Refusal of Service. We reserve the right to refuse, cancel, or suspend service at our sole discretion.
  18. Modification. MCIS reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
  19. Content. No pornographic or adult content (Nudity) or links to such material allowed. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited. Use of any IRC (or certain shell hosting) is not allowed. We do not allow Bit Torrent linking or other P2P network services (unless 100% legal). Running any gaming servers such as counter-strike, half-life, battlefield1492, etc. is not allowed.
  20. Service Level Agreement. For purposes of this Section, MCIS Services shall mean, with respect to the system facilitating Customer´s usage, that portion of such system beginning at the entrance where the Customer´s data packets connect to the MCIS services (MCIS´s firewall) and ending where MCIS delivers Internet Protocol (“IP”) data packets to the Public Internet (as hereinafter defined) on the Customer´s behalf. For purposes of this Section, the “Public Internet” shall mean the gateway router interface between the MCIS Network and MCIS´s upstream providers´ networks. For purposes of this Section, a trouble ticket may be opened in MCIS s trouble ticketing system by MCIS Customer, or MCIS´s monitoring systems. MCIS reserves the right to verify the validity of any tickets opened by Customer or MCIS monitoring systems.
  21. Responsibilities for Hosting Service.For the purposes of this Section, with respect to any hosting Service provided by MCIS pursuant to this Agreement, the parties agree that MCIS shall be responsible for the following:
    1. Operating System Management: MCIS shall manage, maintain, and support the applicable Red Hat Linux and/or Windows Server operating system (the “Operating System”). MCIS shall perform the initial setup and installation of the Operating System and ongoing maintenance, including reasonable upgrades or fixes. MCIS shall use commercially reasonable efforts to notify Customer of any upgrades to the Operating System in advance of such upgrade.
    2. Server Infrastructure Management: MCIS shall manage, maintain, and support the following server infrastructure elements: CPU, memory, hard disk, power supply, and motherboard (collectively, “Server Infrastructure”). If Customer purchases any server upgrades, MCIS shall provide installation as necessary.
    3. Network Infrastructure Management: MCIS shall manage, maintain, and support the following network infrastructure elements: routers, switches, Internet connectivity on the MCIS Network, and, to the extent ordered by Customer and provided by MCIS as part of the Service, firewalls and load balancers (collectively, MCIS Network Infrastructure”).
    4. Monitoring: MCIS shall provide 24×7 monitoring of the Operating System, Server Infrastructure, and Network Infrastructure for health and failure of these systems and infrastructures.
    5. For the purposes of this Section, with respect to any hosting Service provided by MCIS pursuant to this Agreement, the parties agree that Customer shall be responsible for the following: Application, Code, and Content Management: Customer, through their agreement with Shelterbuddy, shall manage, maintain, and support any application code or content that is not provided and installed by MCIS. Customer also shall be responsible for application, code, and content compatibility with the Operating System, including upgrades and loading its software to the server remotely. If requested by Customer, MCIS may provide software loading on a time and material basis if agreed by MCIS in its discretion.
  22. Satisfaction Guarantee. In the event that Customer is not one hundred percent (100%) satisfied with the Service´s network availability, power availability, and/or hardware availability, then Customer may provide written notice to MCIS of its dissatisfaction. Such written notice must identify the affected Service, refer to this satisfaction guarantee, and document in reasonable detail Customer´s eligibility for credits due to noncompliance of the Service with the network availability commitment, power availability commitment, and/or the redundant hardware availability commitment set forth herein as applicable. Following receipt of such written notice, MCIS shall have ten (10) days to cure the issue causing the noncompliance. If, within such ten (10) day period, MCIS does not cure the issue causing the noncompliance or provide documentation to Customer demonstrating that the Service is in compliance with the applicable commitment, then Customer, within ten (10) days following the end of MCIS ten (10) day cure period, may terminate the affected Service upon written notice to MCIS. In addition, if Customer provides such written notice (as set forth above) to MCIS four (4) or more times over any consecutive twelve (12) month period for the same root cause resulting in noncompliance of the same commitment (which notice is not countered by documentation demonstrating that the Service is in compliance with the applicable commitment), then Customer may terminate the affected Service without penalty upon written notice to MCIS. Any termination pursuant to this Section shall be effective ten (10) business days after receipt of written notice by MCIS
  23. Miscellaneous. Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on MCIS unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without MCIS’s prior written consent. MCIS’s approval for assignment is contingent on the assignee meeting MCIS’s credit approval criteria. MCIS may assign the Agreement in whole or in part.

 

Data privacy policy

 

This privacy policy sets out how Mission Critical Information Services uses and protects any information that you give Mission Critical Information Services or data entered into an application hosted by us when you use our services. Mission Critical Information Services is committed to ensuring that your privacy and the privacy of your customers is protected. Should we ask you to provide certain information by which you or your customers can be identified when using our website, then you can be assured that it will only be used in accordance with this privacy statement.

Mission Critical Information Services may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are agreeable with any changes. This policy is effective from November 11, 2010 and has been updated March 4, 2013.

What we collect

In some cases, information collected by your applications that we host may exceed the information listed here. Privacy of the information collected by you or your application is your responsibility since you control access to that application. For our purposes, we may collect the following information:

  • name and job title
  • contact information including email address
  • demographic information such as postcode, preferences and interests
  • other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online and to the extent we can control, protect any data entered by our customers into their applications.  In the case of password protected applications managed by you the customer, you are responsible for managing access to any data stored in your applications in our environment, and therefore the privacy of that data.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways

  • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing us at the address below.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to

Website Administration
P.O. Box 371883
Denver, CO 80237

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.