Mad Web Designs - Shared Domain

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.