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.
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).
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 594 Sawdust - PMB #146 The Woodlands, TX 77380 |
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.
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