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Mtl Solutions and/or Eric Rzepecki is dedicated to providing top quality service at affordable rates. The conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities. By using our website and/or service (s) you agree to these terms and conditions outlined in these documents.
Failure to follow any condition will be grounds for immediate account deactivation without notice. Mtl Solutions and/or Eric Rzepecki will be the sole arbiter as to what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies, please contact our abuse department at info@mtlsolutions.com.
Services provided to the Customer by Mtl Solutions and/or Eric Rzepecki may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any Canadian or U.S. Federal or Digital Millennium Copyright Act (DMCA) or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. Mtl Solutions and/or Eric Rzepecki reserves the right remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
Customer agrees to defend, hold harmless and expeditiously indemnify Mtl Solutions and/or Eric Rzepecki from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.
Mtl Solutions and/or Eric Rzepecki reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Fees for setup and the first month's service are not refundable. If a customer re-registers after Mtl Solutions and/or Eric Rzepecki cancellation of the account without Mtl Solutions and/or Eric Rzepecki written consent, Mtl Solutions and/or Eric Rzepecki will cancel Customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.
Customer warrants that any material submitted for publication on Mtl Solutions and/or Eric Rzepecki does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Mtl Solutions and/or Eric Rzepecki reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and/or notice of copyright infringement.
If Mtl Solutions and/or Eric Rzepecki becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright and/or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant that the work has been copied and that use of the work is not defensible. With this information in-hand, Mtl Solutions and/or Eric Rzepecki , at its discretion, may, at any time deny access to the challenged material of Customer.
Mtl Solutions and/or Eric Rzepecki servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, prescription drug sales, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: pirated software, hacker programs or archives, warez sites, MP3, and IRC bots. Any type of forum/discussion board discussing where to obtain such files or one that distributes the files is also prohibited. Sites related to HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes are prohibited. The subscriber to Mtl Solutions and/or Eric Rzepecki service agrees to indemnify and hold harmless Mtl Solutions and/or Eric Rzepecki from any claims resulting from the use of the service that damages the subscriber or any other party. Mtl Solutions and/or Eric Rzepecki will be the sole arbiter as to what constitutes a violation of this provision.
No online pharmacies are allowed on our network.
Mtl Solutions and/or Eric Rzepecki does not allow torrent clients or trackers due to copyright issues and resource abuse. Background daemons such as IRC bots, eggdrop, BitchX, XiRCON and any other program that interferes with normal server operation are not allowed. Web proxies are also not tolerated due to resource abuse. When using an account with shell, you are not allowed to run any servers or services on the Mtl Solutions and/or Eric Rzepecki network. Servers are defined as perlbots, proxies, bitchX, psyBnc, root exploits, DDoS scripts, Shoutcast servers, etc. Running any of these will face an immediate suspension, and users will be subject to a fine no less than $60.00 CAD, and no more than $120.00 CAD. Mtl Solutions and/or Eric Rzepecki reserves the right to terminate an account for these activities also. Also, Mtl Solutions and/or Eric Rzepecki doesn't register/install any 3rd party DLLs/EXEs or software on our shared/reseller hosting servers.
Chat Rooms
Mtl Solutions and/or Eric Rzepecki does not provide nor allow chat rooms on shared hosting environments. You may elect for a dedicated server to run a chat room efficiently.
IRC
Mtl Solutions and/or Eric Rzepecki does not allow IRC or IRC bots to be operated on our shared or reseller servers. They are allowed on dedicated servers provided that no negative effects occur to our network.
Users are prohibited from violating or attempting to violate the security of the Mtl Solutions and/or Eric Rzepecki Network. Violations of system or network security may result in civil or criminal liability. Mtl Solutions and/or Eric Rzepecki will investigate occurrences, which may involve cooperation 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 authorized 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 forum posting
- Taking any action in order to obtain services to which such User is not entitled
- Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations
Each hosting package purchased is unique to a domain name and use - you are not allowed to purchase multiple plans to obtain combined bandwidth & space. Mtl Solutions and/or Eric Rzepecki will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Any attempts to undermine or cause harm to a Mtl Solutions and/or Eric Rzepecki server or customer of Mtl Solutions and/or Eric Rzepecki is strictly prohibited. Any sub-networks of Mtl Solutions and/or Eric Rzepecki and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
User agrees to only use shared hosting services for its intended applications. Misuses include scientific/grid/distributed computing, data warehouse/backup storage, or bandwidth sinks. Mtl Solutions and/or Eric Rzepecki will be the sole arbiter to what is considered a misuse of service. User agrees to ask Mtl Solutions and/or Eric Rzepecki in the event they are unsure of their application's fitness for our shared hosting services.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Mtl Solutions and/or Eric Rzepecki Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party.
Transferring your domain to another provider does not constitute canceling your Mtl Solutions and/or Eric Rzepecki account. You must notify Mtl Solutions and/or Eric Rzepecki to formally cancel your account with Mtl Solutions and/or Eric Rzepecki to avoid further charges.
Actions Taken
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. Mtl Solutions and/or Eric Rzepecki will be the sole arbiter as to what constitutes a violation of the Policies. Mtl Solutions and/or Eric Rzepecki reserves the right to remove any account without prior notice.
When Mtl Solutions and/or Eric Rzepecki becomes aware of an alleged violation of its Policies, Mtl Solutions and/or Eric Rzepecki will initiate an investigation. During the investigation, Mtl Solutions and/or Eric Rzepecki may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Mtl Solutions and/or Eric Rzepecki may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Mtl Solutions and/or Eric Rzepecki will notify the appropriate law enforcement authorities of such violation.
Mtl Solutions and/or Eric Rzepecki does not issue credits for outages incurred through service disablement resulting from Policies violations.
Mtl Solutions and/or Eric Rzepecki customers agree to indemnify and hold harmless Mtl Solutions and/or Eric Rzepecki from any claims resulting from the use of our services that damages them or any other party. The Mtl Solutions and/or Eric Rzepecki service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Mtl Solutions and/or Eric Rzepecki expressly disclaims any representation or warranty that the Mtl Solutions and/or Eric Rzepecki service will be error-free, secure or uninterrupted. No oral advice or written information given by Mtl Solutions and/or Eric Rzepecki , its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Mtl Solutions and/or Eric Rzepecki and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Modification
Mtl Solutions and/or Eric Rzepecki takes extreme steps to maintain system integrity. However, Mtl Solutions and/or Eric Rzepecki shall not be held responsible for loss of data due to any cause. To ensure the highest level of data protection, Mtl Solutions and/or Eric Rzepecki recommends that ALL information be backed up on your own computer. As with any data that you hold a high importance to, it should be in more than one location at all times. All Mtl Solutions and/or Eric Rzepecki data backups are designed against hardware failure, not customer user error.
We reserve the right to refuse, cancel, or suspend service at our sole discretion. An example of refusal of service is if an account continues to abuse our policies after warnings. Refusal, cancellation or suspension of services especially holds true to issues with spam or any script abuse. Another example of refusal of service is if a customer becomes very unreasonable, unprofessional, extremely difficult to work with or threatening legal procedures and/or physical harm. Said customer's account will be suspended and we will recommend to the customer to find a new host. A backup of the account(s) will be provided at our discretion. However, a backup of your account(s) may not be provided in the event of what we determine as illegal, security and/or copyright infringements and related activities.
This agreement represents the complete agreement and understanding between Mtl Solutions and/or Eric Rzepecki and the account holder . Upon notice published on-line via Mtl Solutions and/or Eric Rzepecki services, Mtl Solutions and/or Eric Rzepecki may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.
You agree that you will be responsible for notifying Mtl Solutions and/or Eric Rzepecki should you require to terminate your use of Mtl Solutions and/or Eric Rzepecki services. Notification of your intent to terminate must be provided no earlier than 5 days prior to your billing date.
Standard hourly rate non specified in a contract is set at $60.00 CAD per hour
If you do not agree to these terms and conditions, please notify our Billing Department at (514) 668-5916 so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval.
Mtl Solutions and/or Eric Rzepecki makes no warranties of any kind, whether expressed or implied, for the service it is providing. Mtl Solutions and/or Eric Rzepecki also disclaims any warranty of merchantability or fitness for a particular purpose. Mtl Solutions and/or Eric Rzepecki will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.
Mtl Solutions and/or Eric Rzepecki reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changed Mtl Solutions and/or Eric Rzepecki may reasonably make to this agreement when such changes are made. If you have purchased services or software from Mtl Solutions and/or Eric Rzepecki , the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.
Privacy
Mtl Solutions and/or Eric Rzepecki will not sell, distribute, reveal, or otherwise make available any customer information. We contribute a great amount of time and help to anti-spam organizations. Should we need to contact you directly regarding your specific account or service we will do so via email only. If you are a client, you may receive mailings from us, as required to receive server announcements. You are free to request to not receive notifications/emails at any time.
Satisfaction Guaranteed
90 Day Guarantee Statement for Shared and Reseller Accounts ONLY: If for any reason you are unhappy with the services you receive from Mtl Solutions and/or Eric Rzepecki during the first 90 days of service, you may request in writing via email or by our cancellation form (as mentioned below) that your services be discontinued at which time you will receive a full refund. You must also state a detailed reason as to why you are canceling (as we request for any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel.
New Accounts
Due to unforeseen complications with various mail servers and any connection problems between your ISP and Mtl Solutions and/or Eric Rzepecki , this process may sometimes be delayed.
Domain Names and Domain Transfers
In order for your domain name to point to the Mtl Solutions and/or Eric Rzepecki server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. That process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain to Mtl Solutions and/or Eric Rzepecki Domains and away from your original registrar. You must create an account at Mtl Solutions and/or Eric Rzepecki Domains and initiate a transfer. A domain transfer goes toward one year of registration with Mtl Solutions and/or Eric Rzepecki Domains, added on to your current registration period with the previous registrar.
Domain Transfer Requirements
1. Domain must not be expired with the current registrar
2. Domain must not be locked
3. Administrative contact email address on the domains WHOIS record is active and checked by domain owner
4. Domain is more than 60 days old from date of initial registration
5. Must have the correct EPP key (obtained by the current registrar)
Mtl Solutions and/or Eric Rzepecki will take necessary steps to register new domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. Mtl Solutions and/or Eric Rzepecki does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.
Hosting Package Modifications
We are always evolving to stay competitive in our market so, in the future, if modifications are made to your respective plan's specifications and/or price, the change will not automatically take effect on your plan. It is the sole responsibility of the client to request any updates or modifications to a plan.
Registrant Rights and Responsibilities
By registering your domain with Mtl Solutions and/or Eric Rzepecki you agree to the Registrant Rights & Responsibilities as outlined by ICANN here.
Payments
All payments will be charged to an approved credit card (Visa, Mastercard, American Express) or debit card. We also accept Paypal payments (but can not charge Paypal accounts automatically) and check payments (if annual renewal is being paid). All hosting packages will be due for renew on the 1st of each month. All hosting plans renew automatically and payments will incur unless you submit proper cancellation of your account.
Late Payments
If at any time, your hosting services become past due, you will receive a notification via email (to the most recently updated email address on file) with instructions on rectifying the situation. Please note that Mtl Solutions and/or Eric Rzepecki .com holds the right to deny all services to clients with past due balances. This may or may not affect clients with multiple accounts, as a past due balance, regardless of which individual package it applied to, will cause interruption in all services provided by Mtl Solutions and/or Eric Rzepecki .com.
Dedicated and Colocation Servers All dedicated server and colocation server invoices will be generated by the 25th day of each month. All server invoices are due on the first of the month unless otherwise specified on your invoice. Invoices are considered as late after the 4th day of the month. After this date, past due clients will be subject to suspension and a $40.00 late fee will be applied. Suspensions will run between the 5th through the 7th day of each month. We avoid running suspensions over the weekend in order to avoid inconveniencing our clients with prolonged downtime.
Shared, Reseller accounts 10 days past due will incur a late fee calculate at 40% of the balance due to reactive services. VPS accounts 5 days past due will be assessed a $30.00 late fee to re-active service. In the event that your scheduled charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly installments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account. Any debt not paid within 45 days will be forwarded to a collections agency and the account holder will incur a $75.00 CAD collection fee added to the outstanding balance. Please address any questions regarding payment to our billing department
In the event that a client issues a chargeback or reversal of charges without first following the above cancellation policy, the customer will be responsible for a $75.00 billing service fee.
Cancellations
Shared/Reseller/Dedicated/VPS Accounts - If you wish to cancel your services, you must file your request via our cancellation form 5 business days prior to your renewal date. If your notice of cancellation is not received within this time frame, we can not guarantee that you will not be charged for the proceeding month/year. You will then be liable for payment of the proceeding month/year and hereby agree to complete payment as invoiced accordingly.
Early termination of 12-month, 24-month, or 36-month contracts
(For clients who signed up on or after October 15, 2008)
In the event that a client who signed up for contracted services (1, 2, or 3 year increment) and terminates services before the contracted period has ended, the client will receive a pro-rated refund (Calculated at the monthly rate for your package) for any remaining time on their contract.
If you cancel your account and your payments still continue for any reasons such as 1) by fault of Mtl Solutions and/or Eric Rzepecki staff 2) by fault of the credit card processor 3) by fault of any other payment collection company we are not responsible for any overdraft fees that are issued by your financial institution.
Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.
If, for any reason, Mtl Solutions and/or Eric Rzepecki fails to deliver said services, a prorated credit can be issued upon request. No credits will be issued if abuse of our stated policies forces Mtl Solutions and/or Eric Rzepecki to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days.
Cancellations of accounts pre-paid for on a monthly basis will not receive a credit/refund for the remainder of the billing period, therefore we encourage to only submit cancellation when the account will no longer be used. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated credit, not a refund, based on the monthly rate of the same hosting plan, where any applicable credits will be issued to the client account and can be used to purchase other services/products by client at anytime. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.
Overage Charges
Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.
Refunds/Account Termination
If, for any reason, Mtl Solutions and/or Eric Rzepecki fails to deliver said services, a prorated credit can be issued upon request. No credits will be issued if abuse of our stated policies forces Mtl Solutions and/or Eric Rzepecki to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days.
Cancellations of accounts pre-paid for on a monthly basis will not receive a credit/refund for the remainder of the billing period, therefore we encourage to only submit cancellation when the account will no longer be used. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated credit, not a refund, based on the monthly rate of the same hosting plan, where any applicable credits will be issued to the client account and can be used to purchase other services/products by client at anytime. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.
Content
Mtl Solutions and/or Eric Rzepecki believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.
We prefer that you self-govern your content and remain responsible and all-knowing of your website publicly provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individually, which have growing and evolving content, is impossible. However, if Mtl Solutions and/or Eric Rzepecki is made aware of any questionable content on a Mtl Solutions and/or Eric Rzepecki -hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a Mtl Solutions and/or Eric Rzepecki server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.
Transfers
Mtl Solutions and/or Eric Rzepecki , makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall Mtl Solutions and/or Eric Rzepecki be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by emailing our abuse department at info@mtlsolutions.com.
All transfers from remote networks (servers hosted outside of our data centers) are not guaranteed. There are many factors that can affect remote transfers that may be out of our control (poor network connections, firewalls, missing/incorrect account credentials, corrupted source account data, etc.). We can only promise that we will make our best effort to transfer your data to our servers. If we are unable to complete the transfer, we will let you know so that you can handle the transfer yourself. We also cannot be held responsible for the integrity of your transferred data.
Source Server Requirements:
- Active cPanel license
- Recent stable version of cPanel
- Perl 5.8.8
- MySQL4 or later (Note: All servers/accounts come with MySQL5. Please ensure database compatibility before submitting request.)
Introduction
Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated server. The abuse and misuse of system resources is a serious problem, and Mtl Solutions and/or Eric Rzepecki does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory that can be used by any one account.
In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU and memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU and memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.
Average Server Resource Limits
- Memory usage may not exceed 10% per domain/file/application
- CPU usage may not exceed 20% per domain/file/application
- Apache connections may not exceed 30 connections
- 15 MySQL maximum user connections allowed
- 350 emails per hour, per domain
There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.
Inodes Accounts on any shared hosting account may not have an excessive number of inodes. Any account found to have over 100,000 inodes may be removed from our backup system to prevent overload. Any account seen to be exceeding 250,000 inodes is at risk for suspension. A warning will be sent and if no action is taken to resolve the issue, the account may be suspended. Every file on the account is counted as 1 inode. This includes mail as well as webpage content.
Cron We allow customers to set up cron jobs to perform routine functions automatically. Any client who schedules cron jobs in such a manner that jobs take more then half the time to complete before the next scheduled iteration, and more frequently then 10 minutes is abusing the cron system. Any automated processes that excessively consume resources and impact server stability may be disabled at our discretion by our technicians.
Suspensions
In the event your website has been suspended for resource abuse (abuse that cannot be resolved by removing/changing a script, etc.) and you do not wish to upgrade to a dedicated server to accommodate your site needs, we will only release the suspension within 24-48 hours. This is to ensure the CPU intensive site slows down in traffic to avoid further damage and problems. A backup will then be provided of your files or you will be allowed FTP/cPanel access for a certain time period. Any questions about our abuse policy may be answered by contacting our abuse team.
VPS Services
In order to control the VPS hardware node and to ensure that no single VPS account monopolizes the shared hardware resources of the VPS node (CPU/RAM) we use virtual limits to implement certain controls. The limits, or barriers if you will, which are most strictly enforced are the process limits (numproc), the RAM limits, and CPU usage limits. The 'numproc' limit which does not actually correlate directly with the number of processes you spawn, rather the number of kernel level threads any VPS account spawns is how the limit of kernel level processes are controlled. Please see below for the specified limits.
Numproc Limits
VPS1 - 140:140
VPS2 - 180:180
VPS3 - 220:220
We strictly limit the amount of RAM that each account is given. With any account, your account may only use the amount of RAM which is guaranteed to your VPS.
VPS Memory Limits
VPS1 - 1024MB
VPS2 - 2048MB
VPS3 - 3072MB
VPS4 - 4096MB
Our VPS offer an equal share of CPU to all accounts sharing the hardware node. With this given, the CPU limits are as follow:
CPU Usage Limits
VPS1/2/3 - 700MHz Guaranteed, burstable to 850MHz
Any single VPS account which is surpassing the above limitations is considered "Abusive". Should your VPS be abusive for more than 12 hours you will be at risk of suspension. Mtl Solutions and/or Eric Rzepecki reserves the right to suspend, without prior notice, any VPS account which is causing the main hardware node to crash. Mtl Solutions and/or Eric Rzepecki will, in this case, send an abuse notice once the offending VPS account has been suspended.
Messages Allowed Per Domain, Per Hour
Clients hosted on our shared or reseller servers may only send up to 350 individual pieces of mail per hour.
Opt-in Email Marketing
If you choose to engage in marketing your site and/or services via email please heed the following. The only permitted form of email marketing is that in which the list is "opt-in". By definition, opt-in is where people provide you with their email address specifically requesting to be on your email list for information about your site and/or service. Even opt-in has its share of issues, so we cannot guarantee we will host this type of site on our network. If we find your account transmitting email to persons that did not authorize such activity, that is grounds to suspend and terminate your site.
UCE, UBE, Spam
Mtl Solutions and/or Eric Rzepecki has a zero tolerance policy regarding unsolicited commercial email (UCE) and unsolicited bulk email (UBE) also known as "spam". Uploading, posting, emailing, transmitting or otherwise making available any UNSOLICITED or unauthorized advertising, or promotional materials where examples of these include but are not limited to "junk mail," "instant messaging," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation from or through a Mtl Solutions and/or Eric Rzepecki server or using an email address or system that is maintained by Mtl Solutions and/or Eric Rzepecki is STRICTLY prohibited. Mtl Solutions and/or Eric Rzepecki will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a Mtl Solutions and/or Eric Rzepecki server as a mail drop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension and are subject to termination.
The definition of spam:
An electronic message is "spam" IF: (1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.
You will be cited with "UCE/UBE Abuse" if you send any email to persons who have not specifically asked to receive email from you. The sending origin of such email is irrelevant. Upon confirmation of abuse, any Mtl Solutions and/or Eric Rzepecki customer engaging in this practice will have their service suspended. Not only does spam place a strain on the server that can negatively affect that server's uptime record and performance record, you subject that server to the possibility of being blacklisted.
If your site will be sending mailings out to subscribers, this is a checklist of what you are required to do:
You must not try to hide, forge or misrepresent the sender of the e-mail and sending site of the e-mail. Bulk mailings must specifically state how the persons' e-mail addresses were obtained and must indicate the frequency of the mailing. Bulk mailings should contain simple and obvious unsubscribe mechanisms. We recommend that this be in the form of a working link to a one-click unsubscribe system; however, a valid "reply to:" address may be used instead.
All subscription based e-mail must have valid, non-electronic, contact information for the sending organization in the text of each e-mail including either a phone number or physical mailing address.
All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to Mtl Solutions and/or Eric Rzepecki upon request.
Prohibited Uses of Mtl Solutions and/or Eric Rzepecki Systems and Services Regarding Spam
Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Mtl Solutions and/or Eric Rzepecki servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Mtl Solutions and/or Eric Rzepecki servers, is prohibited. Mtl Solutions and/or Eric Rzepecki accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Mtl Solutions and/or Eric Rzepecki customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Mtl Solutions and/or Eric Rzepecki -hosted domain, or referencing any Mtl Solutions and/or Eric Rzepecki account, is prohibited.
Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database.
We receive automatic reports from Spamhaus, AOL and SpamCop for our IP ranges. If there are more than three complaints logged against your site in one day, the site will be suspended until a resolution/explanation is made.
Shared Hosting Backups
Mtl Solutions and/or Eric Rzepecki performs daily and/or weekly backups on all of our shared servers to ensure that critical files are never lost. However, Mtl Solutions and/or Eric Rzepecki is not responsible for lost data, time, income or any other resource due to faulty or non-existent backups.
Please always backup your data for redundancy. There is a one-time fee of $125.00 CAD for us to restore a backup for your account due an error beyond our control. If your account or data is lost due to hardware issues we will restore your files at no additional charge. The data on our shared servers are backed up on a separate hard drive on a daily and/or weekly basis. We cannot ensure 100% recovery, but we will do our best to recover everything we can. The modest charge for backup restoration provides a measure of security for you and compensates us for the time it takes to restore your files.
VPS/Dedicated Server Backups
Due to the nature of VPS and dedicated servers, Mtl Solutions and/or Eric Rzepecki does not provide any sort of backup solution by default. It is up to you, the client, to maintain proper backups of your own data. We will provide the following options for backups at an additional cost.
For VPS accounts, we highly recommend the purchase of a remote FTP storage account to configure your server to take backups locally and then FTP them to the remote storage space. Should anything happen to your VPS account, the remote backups would remain intact and available to yourself as well as to our Technical Support team. Apart from this measure, we also recommend that you maintain at least 1 copy of your data on your local home and/or office machine for improved data redundancy and disaster recovery.
For dedicated server accounts, we highly recommend that your purchase backup options for your server, and keep copies of your data off-site for emergency purposes. You can either purchase a secondary or tertiary drive to maintain your backup data locally or you can purchase a remote FTP storage account. If hardware failure and data loss occur, you are responsible for data restoration. Mtl Solutions and/or Eric Rzepecki shall not be liable for loss of data under any circumstance.
If you choose to enable backups on your local disk or VPS partition, the space the backups take will count towards your total usable space on that disk. Should that disk fail, be hacked, or otherwise become corrupt, Mtl Solutions and/or Eric Rzepecki will not be held liable for lack of backups of your data.
Your data is the backbone of your business and we urge you to take the best precautions in securing that data. Please contact our Sales team if you have any questions.
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updated march 14 2023 10:38 am
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