Subscriber
Agreement & Policy Statement
All customers (hereinafter
referred to as SUBSCRIBER) must, at the time of their
order, signify that they have read and agree to the
following provisions. This constitutes the sole agreement
between MediaSuites Enterprises (hereinafter referred
to as PROVIDER) and its SUBSCRIBERS.
Content and Purpose limitations
SUBSCRIBER may use their web site in any manner they
wish with the following exceptions:
- Site may NOT contain obscene, indecent or pornographic
material.
- Site may NOT be used to promote or engage in
any unlawful activity.
- Site may NOT contain advertisements or links
to obscene, indecent or pornographic material.
- Site may NOT contain unauthorized copyrighted
material.
- Site (except resellers accounts) may NOT be resold.
NO SUBSCRIBER SHALL ENGAGE IN MASS MAILING OF
UNSOLICITED E-MAIL MESSAGES (SPAM) REGARDLESS OF
WHETHER SENT THROUGH PROVIDER'S FACILITIES OR ANY
OTHER FACILITIES. Complaints received regarding
violation of this provision will result in immediate
termination of SUBSCRIBER'S account with no refund
due.
Acceptable use of SUBSCRIBER'S website includes (but
is not limited to):
- Promoting their own business or organization
on the web.
- Marketing their own products or services on
the web.
- Accepting online orders for their products
or services.
- A Personal "Home Page".
- Promoting any other business or organization
(subject to the limitations set forth elsewhere
in this document).
PROVIDER reserves the right to
remove any material it deems inapropriate at any
time, without further authority from SUBSCRIBER.
In such cases, SUBSCRIBER shall NOT be due a refund
in whole or in part for the cost of their subscription.
Abuse of Unlimited Traffic and Server Storage
SUBSCRIBERS are privileged to be
offered unlimited traffic and specified amounts of
storage space for each site. Included in this allotment
will be all files, scripts, images and e-mail which
SUBSCRIBER stores on PROVIDER'S server. SUBSCRIBER
will be limited to the amount of storage purchased,
which may be increased at any time by paying an additional
fee.
PROVIDER will not store any kind
of content that violate foreign or domestic copyright
laws. PROVIDER will not store any obscene, pornographic
or indecent material (whether served within web documents
or not). Any sites that are found to contain this
type of content will be warned, suspended or cancelled
at PROVIDER'S discretion.
Since servers and connections may
be shared by a number of users, certain "high traffic" users
may be asked to upgrade to an account suitable for
this type of service.
Payment Policies
Payment for all services shall
be made in advance. Any account for which payment
has not been received by the due date will be disconnected
without prior notice. Accounts disconnected due to
outstanding balances will be subject to an additional
reconnect fee. This fee must be paid in addition
to the outstanding balance before service will be
restored.
SUBSCRIBER will be invoiced by
e-mail as a courtesy approximately 15 days prior
to the beginning of each billing cycle. Failure of
SUBSCRIBER to receive any invoice will not absolve
responsibility for providing payment on time. Subscribers
paying by automatic credit card transaction will
be charged at the beginning of each billing period.
Only one (1) FREE trial subscription
per person or business. At the end of the 10 day
trial period, pages will be removed unless payment
is received.
All prices listed are in US currency. Purchases made
by credit card will appear on your statement as 'MediaSuites
Enterprises'. Payment made by check or money order
shall be in US currency sent via regular mail to
the following:
Make Payable to:
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MediaSuites Enterprises
330 Rayford Rd. Suite 129
Spring, TX 77386 |
Setup fees that are charged for
all new accounts and major account changes are
non-refundable. All pricing is guaranteed for the
term of pre-payment. PROVIDER reserves the right
to change prices at any time. Checks returned upaid
(NSF) will be assessed a $20 charge.
Cancellation and Refunds
PROVIDER reserves the right to
cancel service at any time. All fees paid in advance
of cancellation will be pro-rated and refunded
if PROVIDER institutes its right of cancellation.
If cancellation is caused by SUBSCRIBER'S violation
of any provision of this agreement no refund is
due.
SUBSCRIBERS may cancel service
at any time, effective at the end of the current
billing cycle. SUBSCRIBER is responsible for all
fees owed on the account from the time it was established
until the time that SUBSCRIBER notifies PROVIDER
in writing with a request for termination of services.
Such request shall include the account name, reason
for cancellation and signature of the primary contact
of the account. Cancellation notices via email
will only be accepted from the email address(es)
on file for the account. If SUBSCRIBER received
a discount for a prepaid term, said discount will
be subtracted from any refund due.
Site packages that are split
billed (i.e. Managed Domain
& Turnkey BonusPages) may be subject to a balance
due if cancelled prior to the end of a 12 month
subscription term. The amount due for quarterly
billing cycles shall be equal to the number of
pages used divided by the total number of pages
in the package, multiplied by 4 times the quarterly
installment amount, minus the total amount paid
during the current 12 month term. For monthly billing
cycles, the amount due shall be equal to the number
of pages used divided by the total number of pages
in the package, multiplied by 12 times the monthly
installment amount, minus the total amount paid
during the current 12 month term.
Indemnification
SUBSCRIBER agrees that it shall
defend, indemnify, save and hold PROVIDER harmless
from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney's
fees asserted against PROVIDER, its agents, its
customers, officers and employees, that may arise
or result from any service provided or performed
or agreed to be performed or any product sold by
SUBCRIBER, its agents, employees or assigns.
SUBSCRIBER agrees to defend,
indemnify and hold harmless PROVIDER against liabilities
arising out of; (1) any injury to person or property
caused by any products sold or otherwise distributed
in connection with PROVIDER'S server; (2) any material
supplied by SUBSCRIBER infringing or allegedly
infringing on the proprietary rights of a third
party; (3) copyright infringement and (4) any defective
products sold to a customer from PROVIDER'S server.
Disclaimer
PROVIDER will not be responsible
for any damages SUBSCRIBER'S business may suffer.
PROVIDER makes no warranties of any kind, expressed
or implied for services provided. PROVIDER disclaims
any warranty or merchantability or fitness for
a particular purpose. The includes loss of data
resulting from delays, nondeliveries, wrong delivery,
and any and all service interruptions caused by
PROVIDER and its employees.
PROVIDER will not be liable for
any damages resulting from lost data. Even though
frequent backups of all subscriber's pages are
made, SUBSCRIBER is encouraged to keep backup copies
of their data. PROVIDER will not be liable for
damages resulting from service interruptions caused
by computer server malfunctions, temporary loss
of internet connectivity or other acts of God.
PROVIDER reserves the right to
revise its policies or to make changes to the terms
and conditions of this agreement at any time, without
prior notice.
Copyright © 1997-2004
MediaSuites Enterprises 330 Rayford Rd. Suite
129 Spring, TX 77386 |
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