This contract is between www.Madwebservice.org (herein known as M.A.D. WEB ) and our Clients (herein known as the Customer) for the purposes of Hosting, Web Design /Develop and or Remote Tech Support.
1. This agreement will automatically renew for the life of the contract until cancelled.
2. Initial payment is due with the contract, regardless of the status of domain name application or any other forces beyond the control of M.A.D. WEB.
3. The Customer agrees to a web hosting fee in conjunction with the order form and terms of this contract.
Web design & logo design projects: Refunds are available in the following events
1) If you are not satisfied with 3 consecutive initial design mock ups then you're entitled to a refund.
2) We are not able to provide the deliverable's on the predetermined dates.
3) You want to cancel the project within 24 hours of making payment.
1. M.A.D. WEB shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made from the Customer using M.A.D. WEB 's server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.
Material and Products:
1. The Customer will provide M.A.D. WEB with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of M.A.D. WEB . M.A.D. WEB shall make no effort to validate this information for content, correctness or usability.
2. Use of M.A.D. WEB 's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the Customer's Web space by the Customer.
3. The Customer agrees that he or she has the necessary knowledge to create the Customer's Web space. The Customer agrees that it is not the responsibility of M.A.D. WEB to provide this knowledge or Customer Support outside of the defined service of M.A.D. WEB.
4. M.A.D. WEB will exercise no control whatsoever over the content of the information passing through the network. M.A.D. WEB makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. M.A.D. WEB 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 Customer or M.A.D. WEB , including loss of data resulting from delays, server failures, non-deliveries or service interruptions by any cause or errors or omissions of the Customer or M.A.D. WEB . Use of any information obtained by way of M.A.D. WEB is at the Customer's own risk, and M.A.D. WEB 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 do not represent guarantees of available end to end bandwidth. M.A.D. WEB expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. M.A.D. WEB specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", M.A.D. WEB may, at its option and at any time, reject this material, including but not limited to after it has been put on M.A.D. WEB 's Server. M.A.D. WEB agrees to notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of M.A.D. WEB. If the Customer fails to modify the material, as directed by M.A.D. WEB, within a reasonable time period, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
Trademarks & Copyrights:
1. The Customer warrants that it has the right to use the applicable trademarks, if any.
Hardware, Equipment & Software:
1. The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access M.A.D. WEB. M.A.D. WEB makes no representations, warranties or assurances that the Customer's equipment will be compatible with the M.A.D. WEB service.
1. The Customer certifies that he or she is at least 18 years of age.
1. The Customer may not use M.A.D. WEB servers for the purpose of Mass Electronic Junk mail. The Customer may not use M.A.D. WEB servers for excessive computation time inappropriate for Internet Web servers. The Customer may not install in her/his account any program which presents a security problem on that server.
2. M.A.D. WEB reserves the right to immediately cancel any service account which is causing a disruption of services for other customers. Electronic forums such as mail distribution lists and Usenet news groups 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 M.A.D. WEB may not be used to impersonate another person or misrepresent authorization to act on behalf of others or M.A.D. WEB. All messages transmitted via M.A.D. WEB 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.
1. This Agreement may be terminated by either party, without cause, by giving the other party 7 day notice. Notice must be made by mail or electronic mail... Notwithstanding the above, M.A.D. WEB may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, including non-payment. M.A.D. WEB reserves the right to charge a reinstatement fee.
1. The Customer expressly agrees that use of M.A.D. WEB 's hosting is at the Customer's sole risk. Neither M.A.D. WEB , nor its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that M.A.D. WEB 's hosting 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 hosting service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the M.A.D. WEB hosting service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall M.A.D. WEB , its officers, agents or anyone else involved in creating, producing or distributing M.A.D. WEB 's hosting service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the M.A.D. WEB hosting 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 M.A.D. WEB 's records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on M.A.D. WEB 's hosting service.
3. M.A.D. WEB will not be responsible or held liable for any type of hosting failure of the server's hardware.
1. The Customer may only use M.A.D. WEB 's Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
1. The Customer agrees that it shall defend, indemnify, save and hold M.A.D. WEB harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against M.A.D. WEB , its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless M.A.D. WEB against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with M.A.D. WEB 's Server; (ii) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Customer sold on the M.A.D. WEB Server.
1. Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of M.A.D. WEB. Services as specified in Section I. Financial Arrangements.
1. The Customer may not transfer this agreement without the written consent of M.A.D. WEB. This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.
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