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Legal Contract / Terms Of Service:
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This is a contract. Please read it carefully. |
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Part One: Contract for Virtual Server & Template Website Accounts - Email Services - Software License:
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I. Overview / Parties |
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The following agreement is
between My Agency Online / myagencyonline.com / Internet Services (here forth known as "MAO") and you (here forth know as "CLIENT").
WHEREAS, This agreement represents the complete agreement and understanding between MAO and the Client and supersedes any other written or oral agreement. Upon notice published on-line via MAO, MAO may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. Submission of your account order shall constitute your complete acceptance of these Terms and Conditions.
WHEREAS, This Agreement shall be governed and construed in accordance with the laws of the State of California and of the Internet.
WHEREAS, MAO is an Internet presence provider connected to the Internet.
MAO offers data storage and transfer services over the Internet through
access to its equipment;
WHEREAS, Client seeks to utilize MAO equipment, MAO owned and registered domain for client use and software for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor
controlled by any one entity; therefore, MAO can make no guarantee that
any given person on-line shall be able to access any one of MAO's web
servers at any given time. MAO represents that it shall make a good faith
effort to ensure that its equipment is available as widely as possible and
with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows; |
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II. Age of Majority: |
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MAO cannot accept
agreements and payments from persons under the age of 18 years. Therefore,
MAO requires that its agreements be made with a person who is qualified
to contract. As such, the CLIENT must be over the age of 18 years.
Otherwise, a parent or guardian must accept this agreement and ensure the
proper payment. |
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III.
Financial Arrangements: |
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1. Client agrees to a minimum twelve month contract paid yearly or quarterly, plus any setup fees if any beginning upon
MAO's receipt by online signup, fax, postal mail, e-mail, or other form of client's
order. For early cancellation see (XIII. Termination)
2. At any point that someone from the MAO Technical staff works on any
part of the Clients site, including but not limited to repairing, writing or
changing Html, Asp, Java and or any type of code or script, repairing
directory structure, placement and or transferring from one directory to
another a flat rate of $40.00 per hour will be charged to the Clients
account and billed at 15 minute increments. ($10.00 per 15 minutes) In other
words, the Client is fully responsible for the completion of their web site
and any work done by MAO staff outside of the initial server setup or standard support will
be billed.
3. This agreement will automatically renew for the same successive period(s).
Payment method renews as specified by the client on the initial order (less setup fees if any) unless changed by client. This
agreement will renew unless canceled in writing at
least 15 days prior to the renewal date. Renewal of services by Client
indicates agreement to Contract revisions. |
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IV. Taxes / Sales Tax Liability: |
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MAO shall not be liable
for any taxes or other fees to be paid by client in accordance with or related to
purchases made by Client via MAO's equipment. Client agrees to take full
responsibility for all sales taxes / taxes and fees of any nature associated with such
products or services sold via clients website/s. MAO shall not be liable for any sales taxes or other fees to be paid in accordance with or related to (sales) / purchases made from client website/s. client is solely responsible for any and all taxes and fees of any nature associated with their website/s for any products and / or services sold via clients website/s.
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V. Material and
Products: |
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Client will provide MAO
with material and data in a condition that is "server-ready", which is in a
form requiring no additional manipulation on the part of MAO. MAO
shall make no effort to validate this information for content, correctness
or usability. |
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VI. Competency |
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Use of MAO's service
requires a certain level of knowledge in the use Internet languages,
protocols, and software. This level of knowledge varies depending on the
anticipated use and desired content of Client's Web space by the Client.
The following examples are offered:
Web Publishing: requires knowledge of HTML, properly locating and linking
documents, FTPing documents, creating graphics, text, sound, image mapping,
etc.
CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP
commands, Perl, C Shell scripts, permissions, etc.
E-mail: a knowledge of POP3 service if provided, mail forwarding, use of email clients / webmail to
receive mail, etc.
The Client agrees that he or she has necessary knowledge to create utilize
MAO's service without reliance on MAO. Client agrees that it is not
the responsibility of MAO to provide this knowledge or client Support
outside of the defined service of MAO. |
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VII. Content:
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1. MAO will exercise no
control whatsoever over the content of the information passing through the
network. MAO makes no warranties or representations of any kind, whether
expressed or implied for the service it is providing. MAO also disclaims
any warranty of merchantability or fitness for particular purpose and will
not be responsible for any damages that may be suffered by the Client,
including loss of data resulting from delays, non-deliveries or service
interruptions by any cause or errors or omissions of the Client or MAO. Use of any
information obtained by way of MAO is at the Client's own risk, and
MAO specifically denies any responsibility for the accuracy or quality of
information obtained through its services. Connection speed represents the
speed of a connection to and does not represent guarantees of available
end-to-end bandwidth. MAO expressly limits its damages to the Client for
any non-accessibility time or other down time to the prorated monthly charge
during the system unavailability and at a set maximum of $5.00 per master account per affected month. MAO specifically denies any
responsibilities for any damages arising as a consequence of such
unavailability.
2. In the event that any particular clients' material is not "Server-ready",
MAO may, at its option and at any time, reject this material, including
but not limited to after it has been put on MAO's web servers. This
includes MAO's right to disable such non-"Server-ready" materials, such
as CGI scripts or programs which consume an unreasonable amount of CPU
(Central Processing Unit) usage or RAM (Random Access Memory) as determined
by MAO. MAO may also at its discretion at any time, suspend access to
any client's website and or email services without notice, due to over-consumption of bandwidth
(exceeding 100MB/day transfer), CPU usage, excessive email logins, useage and/or spamming or any other reason which might
effect the performance of MAO services. MAO agrees to attempt to notify Client
immediately of its refusal of the material and/or suspension of the account
and afford Client the opportunity to amend or modify the material or useage to satisfy
the needs and/or requirements of MAO. If the Client fails to modify the
material and/or excessive usage, as directed by MAO, within a reasonable period of time
established by MAO, the Agreement shall be deemed to be terminated. |
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VIII.
Trademarks, Copyrights & Ownership: |
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Client warrants that it has
the right to use the applicable trademarks, if any, and grants MAO the
right to use such trademarks in connection with MAO's service. This
includes the right granted by Client to MAO to advertise the Client in
conjunction with MAO's service.
Client agrees that it shall defend, indemnify, save and hold MAO harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against MAO,
its agents, its clients, resellers and employees, that may arise or result from any service provided and/or performed or
agreed to be performed and/or any copyright infringements due to use of graphics, photos, art or images used by Client,
its agents, employees or assigns and/or any product sold and/or used by Client, its agents, employees or assigns.
Client also agrees to defend, indemnify and hold harmless MAO against Liabilities arising out of (i) any injury to
person or property caused by any products sold or otherwise distributed in connection with MAO's equipment;
(ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
(iii) copyright infringement and (iv) any defective product which Client sold using MAO's service.
Also see XVII. MAO Provided Templates and Domain names:
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IX.
Hardware, Equipment & Software: |
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The client is responsible
for and must provide all telephone, computer, hardware and software
equipment and services necessary to access MAO. This equipment includes a
personal computer equipped with a 28,000 baud modem or faster, Internet access
via an ISP ("Internet Service Provider"). MAO makes no representations,
warranties or assurances that the client's equipment will be compatible
with the MAO service. |
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X. Internet
Etiquette: |
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Electronic forums such as
mail distribution lists and UseNet news groups and blogs and social networks etc. all have expectations
regarding subject area and appropriate etiquette for posting. Users of these
forums should be considerate of the expectations and sensitivities of others
on the network when posting material for electronic distribution. The
network resources of MAO may not be used to impersonate another person or
misrepresent authorization to act on behalf of others or MAO. All
messages transmitted via MAO should correctly identify the sender; users
may not alter the attribution of origin in electronic mail messages or
posting. Users must not attempt to undermine the security or integrity of
computing systems or networks and must not attempt to gain unauthorized
access. |
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XI. Service
Guarantee: |
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MAO will extend a 30-day
conditional money-back guarantee to Client if Client purchased MAO's
virtual server hosting service or WebSite template account. This service guarantee shall begin upon the
setup of Client's account and shall expire thirty days later. Client has the
right to cancel his/her contract with MAO by providing written notice to
MAO stating the Client's intent to cancel within their 30-day period. The
written cancellation notice shall entitle the Client to a refund of only
monies pre-paid for hosting. This means any monies paid less any setup fees,
termination fees, the 1st month payment, cost of MAO owned domain name registered for clients usage. (Only if client intends on transfering or keeping the domain name. See: Part One section XIII. Termination:), any monies paid for web site development,
programming, add on software, scripts, or any paid technical assistance. In
other words a refund of only monies pre-paid for hosting after the 1st
month less any of the above. If client would like to keep or transfer an MAO owned domain name that MAO registered for clients use, see (XIII. Termination:)
1. Limitations
Client is not entitled to any sort of refund due to ignorance of MAO's
underlying service or payment policies. This includes, but is not limited
to, cancellation because of a three month minimum payment upfront, MAO
not accessible from Internet access in all areas, problems registering or
transferring any domain, U.S. top-level or foreign, getting programs (CGI
scripts) or features (search engines, guest books, etc.) working on the
Client's account. Accounts sold through any of MAO's resellers or their
resellers are not eligible for a refund of any services under the money-back
guarantee. Client may not be entitled to any sort of refund because he/she
had violated any of the restrictions outlined in the "Acceptable
Uses Policy" section, even if the Client provided written notice within
30 days for a service-related reason. Client will not be entitled to a
refund for cancellation due to the fact that he/she did not read our
acceptable uses and later learned that his/her content violates our
acceptable uses. Acts of God, including but not limited to, earthquakes,
thunderstorms, or fires that result in an interruption in service are exempt
from the service guarantee. Because these circumstances are beyond the
control of MAO, the service guarantee will be void under these
conditions. However, MAO will make every good faith effort to reinstate
service to Client as quickly as possible. |
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XII. Technical
Support: |
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All Technical Support on
this account is done by way of e-mail and or the MAO website. An
average response time will be between 1-3 hours on a business day or next
business day. Any expedited and or phone support (excluding sec. II.
Financial Arrangements: Number 4.) will be billed at $50.00 per hour at 15
minute increments. ($15.00 per 15 minutes.) |
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XIII. Termination:
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This Agreement may be
terminated by either party, without cause, by giving the other party 30 days
written notice. Termination will take place at the end of existing term unless an earlier date is specified by client. No refund will be given for any reason after the first 30 days of service and as outlined in (XI. Service Guarantee) above. Notwithstanding the above,
A) If client requests Early Cancellation,
A charge will be assessed for any months active that may not have been paid as well as a
1.) $45.00 set up and termination fee if cancelled within the first year of clients first one year term. Or 2.) $25.00 set up and termination fee if cancelled within the three months of clients first three month term.
OR
B) If client requests Early Cancellation AND would like to transfer the domain name MAO Registered for clients use to another domain name registrar,
A charge will be assessed for any months active that may not have been paid as well as a
1.) $45.00 set up and termination fee if cancelled within the first year of clients first one year term plus a $35.00 Domain name transfer fee. Or 2.) $25.00 set up and termination fee if cancelled within the three months of clients first three month term plus a $35.00 Domain name transfer fee.
OR C) If at the end of the term client cancels the website but would like to
1) keep the domain name MAO Registered for clients use and leave it in "Parked Status" such as not being used but holding for future use,
A $25 yearly charge will apply.
OR
2) keep the domain name MAO Registered for clients use and leave it in "Active Status" but forwarding to another website, provider or dns servers,
A $35 yearly charge will apply. Plus a yearly domain renewal fee of $25.00
OR
3) Transfer the domain name MAO Registered for clients use to another provider or domain name resistrar,
A one time $35 transfer charge will apply.
MAO may terminate service
under this Agreement at any time. MAO will collect any
termination fees as outlined above if the Client fails to comply with the
terms of the Agreement.
All fees for domain transfers and or renewals seperate from an MAO prepaid hosting account must be paid by check. (10-12 day hold time) or cashiers check. No exceptions. No transfer whatsoever will take place until all past due amounts for hosting services, domain transfer fees and or repayment of yearly renewal fees are paid in full.
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XIV: Reseller
Agreement: |
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If at any time Client
chooses to take part in MAO's reseller program, then client agrees not to
hold MAO liable for any and all misfortunes relating to the underlying
service provided. Resellers of MAO are not agents, employees, or
contractors of MAO. Client agrees to take responsibility for the
technical support of his/her clients. Client agrees to be responsible for
the registration of any domain name(s) requested by his/her clients.
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XV. Limited
Liability: |
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1. Client expressly agrees
that use of MAO's equipment is at Client's sole risk. Neither MAO, its
employees, affiliates, agents, third party information providers, resellers
or the like, warrant that MAO's service will not be interrupted or error
free; nor do they make any warranty as to the results that may be obtained
from the use of the service or as to the accuracy, reliability or content of
any information service or merchandise contained in or provided through
MAO, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall MAO, its offices,
agents or any one else involved in creating, producing or distributing
MAO's service be liable for any direct, indirect, incidental, special or
consequential damages that result from the use of or inability to use of
MAO's service; or that results from mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in operation, or transmission or
any failure of performance, whether or not limited to acts of God,
communication failure, theft, destruction or unauthorized access to MAO's
records, programs or services. Client hereby acknowledges that this
paragraph shall apply to all content on MAO's Server service.
3. Notwithstanding the above, Client's exclusive remedies for all damages,
losses and causes of actions whether in contract, tort including negligence
or otherwise, shall not exceed the aggregate dollar amount of the month (and not to exceed fifty dollars / $50) which Client paid
during the term of this Agreement. Client is liable for any and all attorney's fee and
court costs. Any actions must be filed in Santa Barbara County only. Use of MAO service is AS-IS and at your own risk.
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XVI.
Indemnification: |
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Client agrees that it shall defend, indemnify, save and hold MAO harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against MAO,
its agents, its clients, resellers and employees, that may arise or result from any service provided and/or performed or
agreed to be performed and/or any copyright infringements due to use of graphics, photos, art or images used by Client,
its agents, employees or assigns and/or any product sold and/or used by Client, its agents, employees or assigns.
Client also agrees to defend, indemnify and hold harmless MAO against Liabilities arising out of (i) any injury to
person or property caused by any products sold or otherwise distributed in connection with MAO's equipment;
(ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
(iii) copyright infringement and (iv) any defective product which Client sold using MAO's service.
In no event will MAO be liable to you, whether in contract or in tort or
under any other legal theory (including strict liability) for any damages,
including, but without limitation, direct or indirect, special, incidental,
punitive, negligence, exemplary, consequential, lost profits or revenues or
similar damages arising out of or in connection with this agreement or use of MAO's service.
This agreement represents the complete agreement and understanding between
MAO and the Client and supersedes any other written or oral agreement.
Upon notice published on-line via MAO, MAO may modify these terms and
conditions, amplify them, and/or modify the prices, as well as discontinue
or change the services offered. Submission of your account order shall
constitute your complete acceptance of these Terms and Conditions.
This Agreement shall be governed and construed in accordance with the laws
of the State of California and of the Internet. |
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XVII.
MAO Provided Templates : |
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If client is using a Template Site provided by MAO, client understands that ALL parts, styles, photos, graphics, text layout, forms, layouts and designs etc. are Trademark, Copyright and Owned by MAO and are provided AS-IS. Not one part of ANY MAO provided template can be transferred or used for any other reason. The only rights that client has to use ANY of the MAO provided web templates or forms or any part of is as is provided by MAO and only during the term client has paid for. ANY theft or use of ANY part of a MAO provided template, graphics, photos, layout, design etc. used outside of the provided use by MAO, client will be liable for the sum of no less than $10,000. Client agrees to pay MAO $10,000 per template that he or she steels for personal use outside of the services provided by MAO even during the term paid for by client. If client wishes to purchase a complete template site to host on another server, prices start at $4,000. You may contact MAO at any time if you are interested in purchasing any of our templates.
Client also understands that in order to use the Template control panel client must have Internet Explorer 5.5 or above installed on clients system.
If a client is using a Domain Name provided and registered by MAO at signup, then it is understood that the domain name is the property of MAO. Client understands that the use of any domian name that was not directally purchased by the client is the property of MAO. Meaning that if you did not bring a domain name you own with you and transfer it to our register, it is an MAO paid for and owned domian. MAO grants the customer the use of the domain name chosen at signup for as long as client is active and their hosting account is current. Cliet will lose its rights to the domain usage or any account with MAO if client is past due or is cought or reported to be sending SPAM email. See Part Two Section II: E-Mail / Spam Policy: If client would like to transfer or purchase the domain from MAO outright please see Part One Section XIII: Termination:.
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Part Two: Acceptable Use Policy: |
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I. Restricted
Content |
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Client is expected to use
the Internet with respect, courtesy, and responsibility, giving due regard
to the rights of other Internet users. Client is expected to use his/her
account for the purposes of maintaining a website only. Common sense is the
best guide as to what is considered acceptable use.
MAO forbids websites with adult graphic content (softcore and/or
hardcore), including, but not limited to, banners advertising any adult
website(s), child pornography, and distribution of adult website passwords.
Clients whose accounts are found in violation of this policy may, at the
discretion of MAO, have their account(s) terminated without notice and
are subject to a maximum $5000.00 clean-up/disconnect lien / fee.
Clients whose website promotes activities that violate federal, state, local
laws and/or violation of U.S. export restrictions are also not welcome at
MAO. This includes "warez" sites (freely distributing copyright
programs), or sites promoting hacking and/or cracking programs. Furthermore,
MAO prohibits websites which primarily promote Pokémon, professional
wrestling (WWF,WCW), photo archives, software distribution, and gaming (RGP).
Websites of this nature are considered non-professional and are not welcome.
Clients whose accounts are found in violation of this policy may, at the
discretion of MAO, have their account(s) terminated without notice and
are subject to a maximum $5000.00 clean-up/disconnection lien / fee. Additionally,
MAO may contact the Software Piracy Association ("SPA") and release any
information in connection with any illegal activities relating to software
piracy on the Client's account.
Sites whose primary purpose is for file distribution of non-web ready (such
as .zip, .tar, .rar, .exe, .mp3) or mirroring of a site are strictly
prohibited.
IRC Bots, or any other automaton programs written in C, Perl or IRC-script
used specifically in conjunction with IRC are not allowed. These programs
tie up system resources and are in no way related to maintaining a website.
Clients are not allowed to have any programs, including but not limited to,
Eggdrop, or any other IRC-related programs, within their account. Client
agrees not to upload the tar file for any of these programs or to execute
them within their account. The first violation of this policy will result in
the IRC-related program to be removed from the Client's account and MAO
will notify the Client immediately of the violation. The second violation of
this policy may, at the discretion of MAO, result in the Client's
account(s) being terminated without notice and a maximum $5000.00 clean-up/disconnect
lien / fee.
Simply put, we ask that you use your account for the purposes of hosting
professional, a non-adult oriented, legal website. |
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II. E-Mail / Spam
Policy: |
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Spamming is the sending of
unsolicited e-mail, regardless of size or volume, to unknown persons or to
people without their prior consent. Using fictitious e-mail addresses anywhere
including via any domain name hosted with MAO including clients is strictly forbidden.
Spamming also includes sending unsolicited advertisements to numerous
e-mail addresses or newsgroups and/or generating a
significantly higher volume of outgoing email
than a normal user. A violation of this policy extends to clients who send
unsolicited e-mail from a domain name not affiliated or hosted with MAO
but the mail message makes mention of a website hosted with MAO.
MAO allows clients to send mailings to subscribers of their own mailing
list. Such mailings must have explicit instructions to the recipient on how
to remove his/her name from the list, and all requests to do so must be
honored immediately. Client agrees not to send mailings to lists provided by
an outside agency or individual. Client further agrees not to provide
mailing list services to others. Due to the nature of a shared-server
environment, MAO requests that mailing lists be sent during non-peak
hours, specifically between the hours of 1:00 am and 5:00 am, Central Time.
MAO reserves the right to terminate a client's mailing program, whether
provided by MAO or not, immediately and without notification to client if
said list causes a problem with the e-mail services of other clients. MAO
also reserves the right to forbid a client from utilizing any mail-sending
program that jeopardizes the mail services of other clients.
Providing spamware or spam-related programs is strictly prohibited.
Additionally, clients may not have e-mail lists available for download on
the site. Due to the consumption of system resources and overloading of the
e-mail server, MAO forbids the use of the Gossamer Links program by any
client.
Trolling, the posting of outrageous messages to generate numerous responses,
is also not allowed. Mail bombing, the sending of multiple messages without
significant new content to the same user and/or subscribing someone else to
a mailing list without that person's permission, cross-posting articles to
an excessive number of newsgroups, or attempting without authorization to
enter into a secured computer system is strictly forbidden. MAO reserves
the right to determine what constitutes abuse of this policy. Clients whose
accounts are found in violation of this policy or any listed above may, at the discretion of
MAO, have their account(s) terminated without notice and are subject to a
maximum $5000.00 clean-up/disconnection lien / fee. Sites closed for violations of this
policy will not be reinstated under any circumstance. |
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III.
Copyrighted Material: |
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It is the responsibility of
the client to ensure that all information within their account is their own
work. Due to distribution rights of shareware programs, clients may not
distribute freeware software programs unless the programs are their own
work. Copyrighted materials include art, music and other works. MP3 is a
popular file format for encoding music. While we do not ban MP3s, we do ask
that any MP3s you have on your website are not in violation of any
copyrights. Copyrighted music, in any format, cannot be placed within
client's account. Clients agree to indemnify MAO (XVI. Indemnification) of any possible
litigation involving trademark or copyrighted materials.
Client agrees not to modify any copyright notices in features (Perl
programs, etc.) provided by MAO. Modification of scripts provided by
MAO without written permission is strictly prohibited. |
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IV. Excessive Usage:
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Client agrees to take all
responsibility for all programs including CGI scripts executed under their
account. Programs that consume an excessive amount of CPU run time or Random
Access Memory (RAM) are not permitted. Client agrees and understands that
such excessive use can have an adverse effect on the performance of the
web server. Client agrees to accept responsibility for programs executed
under his/her account, regardless of who authored the program. The use of
cgi or html chat scripts or pages is strictly prohibited. MAO reserves
the right to suspend accounts without notice to clients who violate these
terms. MAO has sole discretion over what constitutes excessive usage.
Programs provided by MAO as an installable feature are not exempt from
this policy. While every efforts is made on MAO's end to ensure the
program it provides are efficient, problems with excessive usage on
particular programs may occur. |
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Part Three: Billing Policy: |
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I. Payment via
Credit Card: |
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MAO
accepts payments via MasterCard, Visa.
Usage of a credit card indicates authorization to cover all future recurring
charges and additional fees with the credit card on file. Credit cards will
be charged prior to services being rendered and seven (7) days prior to the
renewal date for services. |
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II. Other
Payment Methods: |
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MAO
accepts payments by personal check, company check, and money order. All
funds must be payable in US dollars. MAO does not accept international
checks in foreign currencies. Payment for services by check must be received
prior to renewal dates to avoid interruption of service and a minimum $5.00
per month / per account late fees.. |
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III. Returned
Check Fee: |
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In the event that a check is
returned, service will be immediately suspended and client will be sent a
suspension e-mail allowing seven (7) days to rectify the situation. If
within the seven (7) days the client fails to pay all service fees,
including a $25.00 reactivation fee and a $25.00 returned check fee,
client's account will be permanently cancelled. Such cancellation does not
relieve client's obligation for payment under the terms of the hosting
agreement. Cancellation includes the removal of all files on the account. In
the event of a charge back, MAO will immediately suspend all services to
client until such time as full payment is received in addition to a $25.00
charge back fee and a $25.00 account enable fee. |
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IV. Accounts
with Non-Usable Credit Cards: |
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Credit cards on file are not
usable when any of the following occur:
1. The card has expired;
2. The card declines the charges;
3. The card is reported lost or stolen;
4. The card is declared invalid.
MAO will charge the credit card on file approximately seven (7) days in
advance of the recurring billing date. If a credit card payment fails, the
client will be sent an e-mail notice allowing seven (7) days to rectify
the situation either with a new payment method or by updating the credit
card. The charge will be re-attempted on the recurring billing date. If the
card still does not accept our charge and no other payment has been received
by the recurring billing date, the account will be suspended (3) days after
the billing date without exception. The client will have the option of
reactivating the account after paying the full amount of the invoice due. An
additional fee of $25.00 will be assessed for reactivation. The reactivation
fee is non-negotiable. Upon suspension of the account, MAO., will send an
e-mail deactivation notice to client. If payment,
including reactivation fee, is not received within seven (7) days of the
deactivation notice, the account will be permanently cancelled. This
includes the removal of all files that may remain but does not alleviate
client's payment obligations under the hosting agreement. |
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V. Late
Check/Non-Payment: |
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If payment has not been
received by the date of renewal of an account, the account will be suspended
without exception. Upon suspension, MAO. will send an
e-mail suspension notice to client. The client will have the option of
reactivating the account after paying the full amount of the invoice due. An
additional fee of $25.00 will be assessed for reactivation. The reactivation
fee is non-negotiable. If payment, including reactivation fee, is not
received within seven (7) days of account suspension, the account will be
permanently cancelled. This includes the removal of all files that may
remain, but does not alleviate client's payment obligations under the
hosting agreement. |
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VI. Account
Cancellation: |
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A cancellation will only be
accepted if it is done by one of the following methods:
The client must call or submit a request online and request cancellation and then will be sent an
email to confirm the identity of the owner of the account.
The client must then fax or postal mail a cancellation request as detailed when a request is made. The request
must include the following information:
Account Name, Account Password, Cancellation Reason, Signature of Account
Owner
All account cancellations must be received in the above manner at least
fifteen (15) days in advance of the date of renewal. Accounts cancelled with
less than fifteen (15) days notice shall be cancelled at the end of the next
term and shall be charged accordingly. |
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VII. Results
of Cancellation: |
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When a cancellation request
is made, MAO., will immediately remove all
configuration information as well as all contents of the account on the date
of the next renewal of the account. client may request immediate
cancellation if so desired MAO., however no refund can be made after the first 30 days of service per (XIII. Termination) above. MAO will remove all files.
This may include unread e-mail left on the serveryyy.
WHEREAS, This concludes the total agreement and represents the complete agreement and understanding between MAO and the Client and supersedes any other written or oral agreement. Upon notice published on-line via MAO, MAO may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. Submission of your account order shall constitute your complete acceptance of these Terms and Conditions.
WHEREAS, This Agreement shall be governed and construed in accordance with the laws of the State of California and of the Internet.
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VIII.
Postal Mail / Fax Invoicing: |
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client may request MAO
to send an invoice or statement via postal mail or fax.
MAO. will charge client $5.00 per invoice / statement
sent via this manner. |
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