Terms of Service
Billing of Services and Other Terms and Conditions
1. Web hosting service is billed quarterly and may be canceled with 30 days notice. Any cancellation must be made in writing (e-mail, FAX, or U.S. Post Office Mail) and will become effective at the end of the payment term. Upon cancellation of service, for any reason, all outstanding charges for hosting services will be due immediately. MasterWebs reserves the right to change the rates and otherwise modify these Terms and Conditions by notifying you 30 days in advance of the effective date of change.
2. All money is non-refundable.
3. Monthly service is billed and should be paid by check. If said issuing bank for any reason declines check, all services provided by MasterWebs will be suspended until payment in full for unpaid services and fees resulting in non or declined payment is received. It is not the responsibility of MasterWebs to contact said issuing bank, of non-payment. In instance of bank error, MasterWebs will remove any late payment or returned payment charges upon receipt of written explanation of non or returned payment from issuing bank.
4. Fee for returned personal or company check is $25.
5. MasterWebs reserves the right to decline any services to any customer for any reason.
6. Use of MasterWebs systems constitutes acceptance of these Terms and Conditions.
MasterWebs Hosting Contract
The subscriber agrees to the following Terms and Conditions of this MasterWebs Hosting Contract (hereinafter the Contract).
1.The phrase "the Company" refers to MasterWebs. The phrase "the Subscriber" refers to the person or entity, which uses MasterWebs. The use of MasterWebs constitutes acceptance of these Terms and Conditions.
2.Services provided to the subscriber by the Company may only be used in accordance with all applicable laws, statutes, regulations and rules and solely for lawful purposes. Transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, protected material/property, data or material in violation of any National Law of any sovereign nation, or of International Law, the United States Code, or of any state or local law, statute, regulation or rule is strictly prohibited. This includes, but is not limited to any material, data, matter, software/software code, intellectual property, protected by copyright, trade mark, privacy or other proprietary, personal or property right, trade secret, or any other statute. It is unlawful and a violation of this Contract to communicate, transmit, or promulgate in any matter, means or medium, material legally judged to be threatening, any threatening or harassing communication of any sort, or to otherwise use these services for any illegal or unlawful purposes.
3.Any attempt to violate the security, stability, or integrity of MasterWebs servers is strictly prohibited and grounds for cancellation of services and legal action.
4.All Trademarks are property of their respective owners.
5.The subscriber agrees to indemnify and hold harmless MasterWebs, its officers, shareholders, agents and employees and its other subscribers from any and all claims, costs, expenses, judgments, causes of actions, attorneys fees, litigation and court costs resulting from the subscriber's use of Hosting Services in any manner, whether directly, indirectly or by any act of commission or omission.
6.The subscriber is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining
(i) to the subscriber's use any Hosting Services, and
(ii) the communications means by which the subscriber connects their terminal or PC to Hosting Services or any other service provided by the Company.
7.Hosting payments are due the on the first day of each month. Payment is for the current month (e.g. April's fee is due April 1). Payments not made by the 15th day of the commencement of the payment period are to be considered delinquent.
8.In the event the Company is required to engage the services of an attorney because of a breach by the subscriber of any of the terms herein contained, the subscriber agrees to pay all of the Company's reasonable attorneys fees and court costs. Upon breach of this Contract, all of subscriber's rights and privileges shall be immediately terminated and upon any such termination for breach of the provisions of this Contract, or the breach of any applicable
law or statute governing the use of the services provided, all subscriber fees shall be forfeited as liquidated damages to the Company.
9.The subscriber agrees that the Company has the right to delete all data, files or other information that is stored in the subscriber's account if the subscriber's account is terminated, for any reason, by either the Company or the subscriber.
10.The subscriber rights herein granted cannot be transferred, shared, sold, or used by anyone other than the subscriber.
11. Accounts on Hosting services can be canceled at any time by either the Company or the subscriber, upon receipt of written notice sent by the subscriber to the address of the Company listed in this Contract, or by the Company, upon 10 days written notice sent to the last mailing address listed with the Company by the subscriber on the Account Application. It shall be the responsibility of the subscriber to update the Company information with a valid mailing address to which notice can be sent. The foregoing provisions to the contrary notwithstanding, the Company can immediately terminate the subscriber's access to Hosting Services for breach of paragraph 2.
12.The Company shall have the right to suspend service to the subscriber at any time, for reasonable cause.
13.The subscriber certifies that he or she is at least 18 years of age, and agrees to assume the responsibility of a parent or guardian for any minors who may have access to the subscriber's account provided by Hosting.
14.LIMITED WARRANTY. NO WARRANTY IS MADE BY MasterWebs REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED ON THE COMPUTER SYSTEMS OF THE HOSTING SERVICES OF OTHER SERVICES PROVIDED BY MasterWebs, AND THEREFORE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:
(i) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND
(ii) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
15.LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH.
16. Netscape, Netscape Navigator, and the Netscape Logo are registered trademarks of Netscape Communications, Inc. Windows, Windows 95, Windows NT, and The Microsoft Internet Explorer are registered trademarks of Microsoft, Inc.
17. No warranties are expressed or implied. No warranties with respect to the service to be provided hereunder, client acknowledges that MasterWebs makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness of this service for a particular purpose. As a result, client agrees that MasterWebs shall not be liable to client or any of its customers for any claims or damages which may be suffered by client or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of MasterWebs. Client hereby agrees to indemnity and hold harmless MasterWebs from any and all claims of whatever nature brought by any of client's customers against MasterWebs.
18. This Contract represents the complete understanding between the parties as to the subject matter hereof, and supersedes all prior written or oral negotiations, representations, guaranties, warranties, promises, orders, statements or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party.
19. These Terms and Conditions supersede all previous representations, understandings or agreements. If any part of this agreement is decided by a jury to be contrary to law, the rest of the agreement remains in full force and effect. Use of MasterWebs systems constitutes acceptance of these Terms and Conditions.
For questions or comments regarding MasterWebs policies contact firstname.lastname@example.org
P.O. Box 2652
Lufkin, TX 75902
936.824.3763 phone or fax