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TERMS OF SERVICE
This policy
represents the MadetA Co. Terms of Service in its entirety
and supercedes any other written or oral policy. This policy
defines the terms of service all customers agree to when
they sign-up for hosting services with MadetA Co.. MadetA
Co. reserves the exclusive right to revise, change or revise
any portion of this Policy at any time, without advance
notice to customers.
Customers using any services
offered by MadetA Co. permission to be bound by and must
comply with all policies in this Term Of Service. At the
sole discretion of MadetA Co., any violators of this Term Of
Service may have their services cancelled without refund
and/or, if deemed appropriate, be legally prosecuted.
General Provisions
In consideration for MadetA Co. maintaining one or more
accounts (each "Account"), you agree to the following terms
of service.
Disclaimer of Warranty
MadetA Co. offers a 99.9% uptime guarantee. This is valid
for only the connection. MadetA Co. will pursue all
resources and channels available to maintain maximum uptime;
however, MadetA Co. is not responsible for any down time
caused by client's error.
Client
Content
Client agrees that WebPages and files uploaded to servers
will not contravene any province, federal or foreign laws or
regulations; violate on any intellectual property rights of
MadetA Co.. Newsgroup spamming, illegal content, child porn
or links to such sites, copyrighted MP3, copyright breach,
trademark infringement, cracks, software serial numbers.
MadetA Co. will be the sole and final authority as to what
constitutes a violation of this policy. MadetA Co. does not
normally monitor the contents of clients servers, however if
suspicion occurs, MadetA Co. has the right to investigate
and terminate the clients subscription to the service.
Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage shall not
exceed the number of megabytes per month for the Services
ordered by Customer. MadetA Co. will monitor Customer's
bandwidth and disk usage. MadetA Co. shall have the right to
take remedial action if Customer's bandwidth or disk usage
exceeds the Agreed Usage. Such remedial action may include
the assessment of additional charges or disconnection of any
and all Services, or termination of this Agreement, which
actions may be taken is in MadetA Co. sole and absolute
discretion. If MadetA Co. takes any corrective action under
this section, Customer shall not be permitted to a refund of
any fees paid in advance prior to such action. In the event
that a customer exceeds the included allocation, MadetA Co.
may, at its sole discretion, collect a deposit, in an amount
determined by MadetA Co., against customer's credit card.
Excessive Resource User
Policy:
Resources are defined as bandwidth and/or processor use.
A website is considered using excessive amounts of resources
for longer than 60 seconds. There are frequent problems that
could cause such problems, this includes: cgi scripts, FTP,
HTTP, etc. A site that consumes over the account limit of
bandwidth is also considered "excessive resources". This
policy is only implemented in extreme circumstances and is
intended to prevent the misuse of our servers. The client
who uses "excessive resources" will be asked to upgrade the
package to one of our higher level package.
False Information
Client agrees not to post false or inaccurate information to
news groups in violation of the news group’s rules and
regulations. If any news groups or service provider contact
MadetA Co. concerning immoral, false or unlawful activities
by you, MadetA Co. reserve the right to terminate your
service without notice.
Spam Policy
MadetA Co. strictly prohibits the use of their servers to
send or relay SPAM. If any domain hosted by MadetA Co.
participate SPAM, will be cancelled immediately and all
access to MadetA Co. will be terminated.
Licensed Software Only:
Client agrees to use only properly licensed third party
software in connection with Client's use of the Services.
Back-Up Files: Managed
services enjoy a redundant tape back up system that is saved
daily to ensure up-to-date files. In the event of a data
loss at the users fault, there is a fee to restore your
site.
Payment
Obligations: Full payment is required in advance before
hosting service is established. MadetA Co. sends out
invoices that are due every pay period. You are given
fifteen (15) days to fully pay the invoice. We do not
automatically charge your credit card. All payment-due
notices will be sent by e-mail. No bills or invoices will be
sent by postal mail or fax. If payment was not received by
the due-date, your account will be suspended. To have your
account re-established, you will need to pay the monthly
fees.
Renewals: Your account
will be automatically renewed under the same time and fee
structure unless you give written notice to MadetA Co.
thirty (30) days before the renewal date that you do not
wish to renew such account.
Cancellation & Refunds:
Should you become unsatisfied with our services within the
first 30 days of your account activation, MadetA Co. will
refund your hosting fee subject to the money back guarantee
terms listed in this agreement. Refunds are not available
for pre-paid accounts and after the 30 days of account
activation. You may however cancel your account at any time.
You will need to contact customer service and verify
information before cancellation takes place. You will be
charged in full for the entire month in which you canceled
your account. Accounts which have negative balances will be
collections and all services will be terminated.
99.9%
Service Level Agreement
MadetA Co. offers its clients a 99.9% network uptime
guarantee for customer satisfaction purposes and also to
ensure that your business is running problem free. MadetA
Co. will try to maintain maximum uptime. MadetA Co. is not
responsible for any downtime caused by the client.
30-Day
Money Back Guarantee
MadetA Co. offers an unconditional 30 day money back
guarantee.
Domain
Registration and Renewall Agreement
MadetA Co. is the authorized Tucows OpenSRS domain partner
and all domains we register falls under our terms of
services provided by ICANN and TUCOWS.
Domain Registration Agreements:
Uniform
Domain Name Dispute Resolution Policy
Exhibit A Registration Agreement
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