The Terms of Service (TOS) are the rules and regulations that specify guidelines for purchasing our website packages and hosting services. All use of our websites and hosting services are subject to these terms. Please read the TOS carefully and ensure that you understand and agree to all parts. Use of MOBA Creative’s services implies agreement with these terms. In order to make sure our systems/servers run smoothly, we have to set and enforce rules. These rules are here to protect our customers.
The use of hosting services from MOBA Creative, LLC [hereafter referred to as “MOBA”] constitutes agreement to these terms.
1. Account Setup / Email on File
We will setup your account after we have received payment (unless otherwise agreed) and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address, which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.
All services provided by MOBA may only be used for lawful purposes. The laws of the State of Missouri and the United States of America apply. The customer agrees to indemnify and hold harmless MOBA from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.
If you believe that your copyright or trademark is being infringed upon, please e-mail firstname.lastname@example.org with the information required. If the request is of a licensing issue, we may require further documentation.
We reserve the right to refuse service to anyone. Any material that in our judgment that is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services.
If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice and the account terminated with or without notice. Violations will be reported to the appropriate law enforcement agency.
3. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups.
MOBA reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
MOBA reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of MOBA.
4. Payment Information
You agree to supply appropriate payment for the services received from MOBA, in advance of the time period during which such services are provided. You agree that until and unless you notify MOBA of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing. MOBA reserves the right to change the monthly payment amount and any other charges at anytime.
5. Cancellations and Refunds
Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via a cancellation form. MOBA gives you an unconditional 30-day money back guarantee on shared hosting/service plans. There are no refunds on administrative fees, install fees for custom software, or domain name purchases. Refund requests for any prepaid fees after 30 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
6. Resource Usage
Customers/users may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities.
g) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
h) Run cron entries with intervals of less than 15 minutes.
7. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting plan you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
8. Money Back Guarantee
Each of MOBA’S managed service/hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days after payment, you will be given a full refund of the contract amount. This only applies to non-custom (template) websites and does not apply to custom websites designs, print collateral, credit card fees, SSL certificates, purchased stock photography, install fees for custom software, or domain name purchases.
Accounts cancelled or terminated by MOBA Creative LLC that are in violation of our Terms of Service (TOS) do not qualify for the 30-day money back guarantee. Examples include accounts that are canceled due to customer practicing spamming or sites consisting of illegal content where no refunds are issued.
All refunds will be paid either via company check or credit card reversal and may take up to 3 weeks to be processed. We know that it is not easy to trust a web design company if you have been disappointed before with unfulfilled promises and unreliable servers and support. That is why we want to give you a peace of mind with our 30-day guarantee.
Customer agrees that it shall defend, indemnify, save and hold MOBA harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against MOBA, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless MOBA against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with MOBA; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from MOBA Creative’s server.
10. Host Reselling
Hosting accounts may not resell web hosting or email service to other people.
11. Disclosure to Law Enforcement
MOBA may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
12. Domain Names
If your domain name is registered with a third party registrar (ex – Go Daddy, Namecheap), it is your responsibility to renew that domain name with them. Failure to renew a domain name with a third party registrar will cause your website and e-mail to become unavailable.
Domain names that are registered through MOBA Creative LLC will be managed and renewed by us. You will be charged for the domain renewal by MOBA Creative LLC. All domain names registered by MOBA Creative LLC for our customers are registered in the customer’s name; therefore, the customer will be the official owner of the domain.
Privacy Guard is also included on all domain registrations and renewals in order to prevent your contact information (telephone and email address) from from being collected by spammers or scammers that harvest data from the domain WHOIS database. This service is included in the domain registration fee.
All content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied without the express permission of MOBA Creative LLC, which reserves the rights. Re-use of any of MOBA Creative’s (www.mobacreative.com) content or graphics online for any purpose is strictly prohibited.
Do not copy or adapt the HTML or other code that MOBA creates to generate pages. It is also covered by MOBA Creative’s copyright.
MOBA Creative LLC and MOBA logos are all trademarks belonging to MOBA Creative LLC. The look and feel of MOBA websites are also MOBA Creative LLC trademarks. This includes MOBAcreative.com’s (plus subsequent pages and products) color combinations, layout, and all other graphical elements
Insurance Theme and Content Licensing
All MOBA Creative provided content and graphics on our sold sites are protected by U.S. copyright and international treaties and may not be copied without the express permission of the MOBA Creative LLC, which reserves the rights. Re-use of any of MOBA’s content or graphics online for any purpose is strictly prohibited. Do not copy or adapt the HTML or other code that MOBA creates to generate pages. It is also covered by MOBA’s copyright.
You agree and understand that the licensed MOBA Website Themes, and all graphic designs, style templates, icons, HTML code, programming code, and other graphic elements incorporated therein are the exclusive property of MOBA. In addition, MOBA owns all right, title and interest in and to MOBA Creative’s trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of the MOBA Creative Website Themes. To the extent any trade names, trademarks, or other proprietary marks of third parties (“Third Party Marks”) are incorporated into any component of the SUBSCRIPTION MONTHLY SERVICE, you agree that such Third Party Marks are the intellectual property of such third parties.
Restrictions: You may not copy, sell, redistribute, license, sublicense or otherwise give a MOBA Creative Website Theme to any third party without MOBA Creative’s written consent.
14. Changes to the TOS
MOBA Creative reserves the right to revise its policies at any time without notice.