This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by MadServe.com, (the "Services"). As used in this Agreement, "MadServe.com" means MadServe.com, and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the MadServe.com
This Agreement and MadServe.com's policies are subject to change by MadServe.com without notice.
Continued usage of the Services after a change to this Agreement by MadServe.com or after a new policy is implemented and posted on the MadServe.com Site constitutes your acceptance of such change or policy. We encourage you to regularly check the MadServe.com Site for any changes or additions.
1. APPROPRIATE USE OF THE SERVICES:
MadServe.com provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
Client Content
- Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any MadServe.com server in connection with Client's use of the Services which:
-- Violate any state, federal or foreign laws or regulations;
-- Infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of MadServe.com or any third party;
-- are threatening or harassing;
-- are discriminatory based on gender, race, age or promotes hate;
-- Violate any MadServe.com policy posted on the MadServe.com Site including, but not limited to, our Acceptable Use Policy and SPAM Policy.
-- Contain viruses or other computer programming defects which result in damage to MadServe.com or any third party.
Bandwidth
Client may occupy only the amount of disk space on the MadServe.com Server and utilize no more than the network bandwidth that is allotted by MadServe.com. Additional fees, specified in the Virtual Host plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
No "SPAM"
Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at MadServe.com, or otherwise, that mentions or reference any domain hosted on MadServe.com servers or parked on MadServe.com DNS servers.
Back-Up Files
Client will have the ability to reinstate files which are automatically archived by MadServe.com; however, MadServe.com does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services.
Termination
MadServe.com reserves the right to refuse service to anyone. MadServe.com, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact abuse@madserve.com.
2. PAYMENT OBLIGATIONS:
Where an invoice is delivered to Client, Client shall remit payment to MadServe.com by no later than 7 days after the specified payment due date. MadServe.com shall be entitled to immediately terminate this Agreement or temporarily deny service for Client's failure to make timely payments to MadServe.com.
3. REFUNDS AND DISPUTE:
Money Back Guarantee: Our virtual web hosting plans comes with a 14-day money back guarantee. You will receive a full refund excluding the domain name registration fee. This term only applies if you cancel your account within 14 days of its activation. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.
4. TERM, TERMINATION & REINSTATEMENT:
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term"). Either party will have the right to terminate this Agreement upon notice to the other party. All cancellation requests must be received by the end of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void.
5. DISCLAIMER OF WARRANTY:
The services, the MadServe.com site, including without limitation, all products and services displayed or offered on the MadServe.com site, and all text, graphics, links and applications are provided to client on an 'AS IS' basis and without warranty of any kind. MadServe.com disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing, MadServe.com specifically disclaims any warranty that (1) The services will be uninterrupted or error-free; (2) Defects will be corrected; (3) There are no viruses or other harmful components; and (4) The security methods employed will be sufficient.
6. LIMITATION OF LIABILITY:
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.