In pursuit of our primary
objective, Mad Web Designs agrees to deliver the agreed
upon services, as declared in this document, to our
customers at the time of purchase, subject to the following
Terms of Service (hereafter referred to as TOS).
In addition, the use of Mad Web Designs
service(s) by a subscriber constitutes an unconditional
acceptance of and agreement to Mad Web Designs TOS.
Mad Web Designs reserves the right to change or modify
the TOS at any time without notice.
100% Money-Back Guarantees:
Mad Web Designs proudly offers its customers a "30-Day
Money Back Guarantee.” This guarantee allows subscriber
to purchase Mad Web Designs services with full confidence
and zero-risk. Consequently, subscriber may
request a full refund within 30 days of initial sign-up
and be refunded all fees paid to-date, including setup
fees, less any additional over-usage and domain
registration costs (costs of domain registrations are
calculated at the regular cost of the domain registrations).
Terminated accounts are not eligible for this guarantee
if the termination occurred due to a violation of this
TOS.
This guarantee can be requested
at anytime within the 30 days of the commencement of
service if subscriber is not satisfied with Mad Web
Designs services. If the 30-day service of
the subscription has been exceeded, subscriber is not
eligible for this guarantee. A request for this guarantee
must be submitted via Mad Web Designs “Contact
Us” form located at this URL:
http://www.madwebdesigns.ca/contact_us.cfm.
If requesting a refund, we ask that subscriber briefly
explains the reasons for doing so, as well as any suggestions
on how Mad Web Designs could improve service.
Any-Time Money Back Guarantee:
Mad Web Designs proudly offers its subscribers an "Any-Time
Money Back Guarantee." This guarantee allows subscriber
to use Mad Web Designs services with full confidence
and zero-risk. Consequently, subscriber may
request a full refund of the current month’s fees
(not the current billing cycle) and to-date pre-paid
fees for future months, less any additional
over-usage and domain registration costs (costs of domain
registrations are calculated at the regular cost of
the domain registrations). Terminated accounts are not
eligible for this guarantee if the termination occurred
due to a violation of this TOS.
This “Any-Time Money Back
Guarantee” can be requested at anytime that you
are not satisfied with Mad Web Designs services.
A request for this guarantee must be submitted via Mad
Web Designs “Contact Us” form located at
this URL:
http://www.madwebdesigns.ca/contact_us.cfm.
If requesting a refund, we ask that subscriber briefly
explains the reasons for doing so, as well as any suggestions
on how Mad Web Designs could improve service.
99.9% Uptime Guarantee:
Mad Web Designs guarantees that your website
will be up and running at least 99.9% of the time during
any 12-month period. This guarantee
includes network uptime, server uptime, web
server and service uptime. It does not cover any areas
where Mad Web Designs has no direct influence, such
as backbone provider failures, fiber-optic main line
cuts, DNS or Registrar issues with subscriber’s
domain name, routing issues between subscriber location
and Mad Web Designs data center. The uptime guarantee
is also not applicable if the service interruption was
caused by external issues such as Acts of God, Wars
or any other natural or unnatural events that Mad Web
Designs cannot directly influence.
To request a service credit due
to an uptime concern, please submit a request
for this guarantee via Mad Web Designs “Contact
Us” form located at this URL:
http://www.madwebdesigns.ca/contact_us.cfm.
If requesting a “service credit” we ask
that subscriber briefly explains the reasons for doing
so.
Prohibition of Adult Content:
Subscribers of Mad Web Designs services are
prohibited from storing or posting adult content,
or links to adult content, through the subscribed service.
All material of pornographic nature is considered adult
content. Online image galleries whose primary purpose
is the public display of fine art or artistic mediums
are not considered to be adult content.
"Fair-Use" Resource
Assignment:
Mad Web Designs offers unlimited disk space and unlimited
other resources, such as email or FTP accounts, or a
great amount of each one of these resources with certain
plans. The intention of Mad Web Designs is to
provide a large amount of space and resources for our
customer's convenience of not having to worry about
disk space or resource allotments. These resource
and disk space allotments are optimized and dedicated
towards serving web documents and self-need email /
FTP services and are not to be used as offsite storage
area for electronic files, or as a provisioning service
for third party email or FTP hosts. All your downloadable
files or files stored on the server have to be available
for download via a HTML document stored on the Internet
in a publicly or privately accessible area. This policy
only applies to web sites who are considered to be abusive
in service, disk space or resource consumption and where
it is evident that the "fair-use" of resources
among customers has been breached, particularly in regards
to disk space utilization. Web sites that are found
to contain either/or no html documents, a large number
of unlinked files are subject to warning, suspension
or cancellation at the sole discretion of Mad Web Designs.
If a "Fair-Use" breach occurs, Mad Web Designs
may have to remove files from the subscriber's account
in order to restore full serviceability to other subscribers
affected by the breach. In any case, the subscriber
will be notified of any actions that Mad Web Designs
may have to take.
SPAM and Unsolicited Commercial
Email (UCE):
Mad Web Designs takes a zero tolerance approach
to the sending of Unsolicited Commercial Email (UCE)
or SPAM through our network and services. Customers
of Mad Web Designs may not use, or permit others to
use, our network to partake in UCE distribution. Customers
of Mad Web Designs may not host or permit hosting of
sites or information that is advertised by UCE from
other networks.
Upon notification of an alleged
violation of our SPAM policy, Mad Web Designs will initiate
an immediate investigation. During the investigation,
Mad Web Designs may restrict customer access to the
network to prevent further violations. Subscriber will
thereafter be advised of the situation. If a subscriber
is found to be in violation of this TOS, Mad Web Designs
may, at its sole discretion, unilaterally restrict,
suspend or terminate the violating customer's account.
Further, Mad Web Designs reserves the right to pursue
civil remedies for any costs associated with the investigation
of a substantiated policy violation. Mad Web Designs
will notify law enforcement officials if the violation
is believed to be a criminal offense.
Payment:
Establishment of this service is dependent upon receipt
of payment of stated charges by Mad Web Designs. Subsequent
payments are due on the anniversary date of the month
for that month's service or whichever is the selected
billing cycle.
Failure to Pay:
Mad Web Designs may temporarily deny or terminate service
upon the failure of the subscriber to pay the charges
when due. Such termination or denial will not relieve
the subscriber of responsibility for the payment of
all accrued charges and any collection fees.
Account Cancellation:
A subscriber may cancel his account at any time
online via the “Contact Us” form located
at this URL:
http://www.madwebdesigns.ca/contact_us.cfm.
If requesting a cancellation, we ask that subscriber
briefly explains the reasons for doing so, as well as
any suggestions on how Mad Web Designs could improve
service. The cancellation will take effect immediately
and the subscriber’s account will remain active
until the end of the subscription. Account resumption
is possible via the from above, in case you should re-decide.
Subscriber Acknowledgement:
Subscriber acknowledges that the service provided is
of such a nature that the service can be interrupted
for many reasons other than the negligence of Mad Web
Designs and that damages resulting from any interruption
of service are impossible to ascertain. Therefore, subscriber
agrees that Mad Web Designs shall not be liable for
any damages arising from such causes beyond the direct
and exclusive control of Mad Web Designs. Subscriber
further acknowledges that the Mad Web Designs 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 Mad Web Designs be liable for any special or consequential
damages, loss or injury.
Bandwidth and Disk Usage:
Subscriber agrees that bandwidth and disk usage shall
not exceed the maximum number of megabytes per month
for the service plan subscribed by the customer (“Agreed
Usage”). Mad Web Designs will monitor subscriber’s
bandwidth and disk usage. Mad Web Designs shall have
the right to take corrective action if subscriber’s
bandwidth or disk usage exceeds the Agreed Usage. Such
corrective action may include the assessment of additional
charges, disconnection or discontinuance of any and
all services, or termination of this Agreement, which
actions may be taken is in Mad Web Designs sole and
absolute discretion, at any time deemed necessary by
Mad Web Designs. If Mad Web Designs takes any corrective
action under this section, subscriber shall be entitled
to a pro-rated refund of any fees paid in advance prior
to such action. In any cause, Mad Web Designs will warn
subscriber of approaching or exceeded resource limits
via email.
System and Network Security:
Subscribers or any network users are prohibited from
violating or attempting to violate the security of Mad
Web Designs network or any and all components there
in. Violations of system or network security may result
in civil or criminal liability. Mad Web Designs will
investigate occurrences, which may involve such violations
and may involve and cooperate with law enforcement authorities
in prosecuting subscribers who are involved in such
violations. These violations include, but are not limited
to:
1. |
Accessing data not intended for such subscriber
or logging into a server or account, which such
subscriber is not authorized to access. |
2. |
Attempting to probe, scan or test the vulnerability
of a system or network or to breach security or
authentication measures without proper authorization. |
3. |
Attempting to interfere with service to any subscriber,
host or network, including, without limitation,
via means of overloading, "flooding",
"mail bombing" or "crashing." |
4. |
Forging any TCP/IP packet header or any part of
the header information in any e-mail or newsgroup
posting. |
5. |
Taking any action in order to obtain services
to which subscriber is not entitled. |
Notification of Violation:
Mad Web Designs is under no obligation or duty to constantly
view each subscriber's activities to determine if a
violation of this TOS has occurred. Accordingly, we
do not assume any responsibility through our TOS to
monitor or police Internet-related activities. Mad Web
Designs will only investigate suspicious activities
if they are deemed to violate this agreement or to harm
any part of the services, network or other subscribers.
If a subscriber is found to be in violation, the following
steps are taken:
1. |
First violation: Any Subscriber, which Mad Web
Designs determines to have violated any element
of this TOS, shall receive an email warning them
of the violation. Subscriber’s service is
subject to a temporary suspension at Mad Web Designs
discretion pending a subscriber's agreement in writing
to refrain from any further violations. |
2. |
Second violation: Subscribers, whom Mad Web Designs
determines to have committed a second violation
of any element of this TOS shall be subject to immediate
suspension or termination of service without further
notice. |
NOTE: Mad Web Designs
reserves the right to drop the section of IP space involved
in SPAM or Denial-of-Service complaints if it is clear
that the offending activity is causing great harm to parties
on the Internet. In particular, if open relays are on
your network or a customer's network or if denial of service
attacks are originating from your network. In certain
rare cases, we may have to do this before attempting to
contact the subscriber. Mad Web Designs will contact the
subscriber as soon as it is feasible. Suspension
of Service or Cancellation:
Mad Web Designs reserves the right to suspend network
access to any subscriber if in the judgment of Mad Web
Designs, the subscriber‘s account is the source
or target of a violation of any of the terms of the
TOS, or for any other reason which Mad Web Designs deems
necessary.
If inappropriate activity is detected,
all accounts of the subscriber in question will be deactivated
until our investigation is complete. Prior notification
to the subscriber is not assured. In extreme cases,
law enforcement will be contacted regarding the activity.
The subscriber may not be credited for the time the
subscriber’s Websites, FTP, Email Accounts, and
Web Stats were suspended if the subscriber is found
to be at fault.
Miscellaneous Provisions:
Subscriber must provide Mad Web Designs real
and current contact information at all times. E-mail
address, telephone and fax contacts are used, and in
that order of preference.
1. |
Mad Web Designs takes no responsibility for any
material placed on its network by others. Mad Web
Designs is not responsible for the content of any
other websites linked to. Links to other sites are
provided as Internet navigation tools only. Mad
Web Designs disclaims any responsibility for any
inappropriate use and any liability to any person
or party for any other person or party's violation
of this policy. |
2. |
Mad Web Designs subscribers are not permitted
to run IRC servers. |
Disclosure to Law Enforcement:
The TOS specifically prohibits the use of our service
for illegal activities. Therefore, subscriber agrees
that Mad Web Designs may disclose any and all subscriber
information including assigned IP numbers, account history,
account use, etc. to any law enforcement agency that
requests such information, provided they posses the
proper court-approved warrant, without consent or notification
to the subscriber.
Indemnification:
Each party (the “Indemnifying Party”) hereby
indemnifies the other party (the “Indemnified
Party”), its officers, directors, employees and
agents, and agrees to defend and hold them harmless
from and against any and all liability, damage, loss
or expense (including reasonable attorneys fees) arising
from any claim, demand, action or proceeding based upon
the alleged breach or untruthfulness of any of the Indemnifying
Party’s representations or warranties, or incurred
in the settlement or avoidance of any such claim, provided,
however, that the Indemnified Party shall give prompt
notice to the Indemnifying Party of the assertion of
any such claims and provided further that Indemnifying
Party shall have the right to select counsel and control
the defense thereof, subject to right of the Indemnified
Party to participate therein.
Severability:
If any provision of this TOS shall be held to be invalid
or unenforceable for any reason, the remaining provisions
shall continue to be valid and enforceable. If a court
finds that any provision of this TOS is invalid or unenforceable,
but that by limiting such provision it would become
valid and enforceable, then such provision shall be
deemed to be written, construed, and enforced as so
limited.
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