TERMS OF SERVICE
By using MadMindsHosting services or services provided from this web site,
you HAVE agreed to all Terms and Conditions outlined below.
You HAVE also AGREED TO COMPLY with our (AUP)  ACCEPTABLE USE POLICY



All Terms and Conditions of this TOS (Terms of Service) and our AUP (Acceptable Use Policy) may be modified at our sole discretion without prior warning. Changes to this TOS does not constitute grounds for early contract termination or non-payment. Please check back regularly for any updates. Use of MadMindsHosting Service constitutes acceptance and agreement to MadMindsHosting AUP (Acceptable Use Policy) as well as MadMindsHosting TOS (Terms of Service). From herewith in this TOS, AUP, the usage of “us”, “we”, “our”, “ours” shall constitute reference to MadMindsHosting, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of MadMindsHosting

Acceptance of Contractual Agreement
1A. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by MadMindsHosting, that you are agreeing to our TOS and AUP.
No Modifications of said contract by customer is allowed.

2A. MadMindsHosting will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3A. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer's site will be Suspended and the customer will pay overage fee's at the fare market rate average rates very from $0.30 , $0.75 cents per 1GB no greater then $2.00 or no less then $0.15 cents per 1GB


ACCOUNTS CAN BE REFUSED AND/OR DISCONTINUED AT MadMindsHosting DISCRETION.
This is a very careful and secure company and WE WILL check your customer input to confirm your information. Any irregularities will be cause for refusal. We may sometimes don't allow instant activation for this reason; but we do have HIGHLY satisfied customers on a clean service!

Contracts:
All accounts using our paypal ( Payment Plan ) are in a ( Legal Binding Contact ) for the term of the payment plan you choose. there is a cancellation fee applied to all accounts that wish to cancel service early fees are applied to each account by the amount of the actual service $750.00 fee on all accounts over $5,000 no greater then $10,000 and a fee no greater then $1,000 will be applied and $500.00 fee on all accounts over $2,000 and $250.00 fee on all accounts over $1,000 and $100.00 fee on all accounts over $200.00 under $1,000 $50.00 fee on all accounts over $100.00 no greater then $200.00 and $20.00 on all accounts over $50.00 no greater then $100.00 plus the remainder fees owed for the actual service contract for the actual months still owed on the service will be sent to a collection agency and the bill will be applied to there credit

Dedicated:
dedicated servers are a contract only service this service is not available on a month to month basis all accounts sold are sold as part of the Contracts section of the TOS dedicated also reflects to all rules and regulation of the TOS and AUP found on this page

VPS:
Vps servers are a contract only service this service is not available on a month to month basis all accounts sold are sold as part of the Contracts section of the TOS, Any attempt to undermine or cause harm to a server, or customer, of team vps is strictly prohibited, VPS is a network shared service , CPU , Memory , Traffic we use a load balancing system and expect all customers to utilize and share these services equally anyone found to be using more then they are contracted for are subject to paying overage fee's for the amount of service used and will be warned they are abusing the service , CPU Spikes , Memory Spikes , Bandwidth overages are part of this said warning after being warned once the customer is subject to a $20.00 fee and will be put on a monitoring service for term we choose once removed from this service if the user is found abusing this service again will be subject to forfeit there service and the remainder of there contract will be sent to a collection agency and applied to there credit ( see contract fee's to understand this service ) .

Payments and Fees:
Establishment of this service is contingent upon receipt of payment from Customer to MadMindsHosting Subsequent payments are due on the anniversary date of the month for that month’s service. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services

A) Fees:
Payment is due on the defined monthly recurring billing date of each month. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment may be subject to a fee of $5.00 for service reconnection. Accounts that are permanently suspended due to violations of our (AUP) such as spamming, or hosting illegal contents, may be reinstated as an exception on a case by case basis for a fee of $20.00 and will be monitored and will pay a 10.00 Monthly fee any offences broken the account will be froze copied backed up to a DVD and sent to the authorities (State Police ,FBI ) any one caught who chooses not to take our monitoring fee there accounts will be froze and sent to the authorities, those found to be in good standing after there 1st offence and warning will be subject to being released from a monitored service program . Such reinstatement would be as a final warning prior to a permanent termination. Please read our (AUP) for more information. Accounts that are not collectable by MadMindsHosting may be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty($50.00) no more than One Hundred, Fifty($150.00).

(B) Delinquent Accounts:
MadMindsHosting may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees. For dedicated servers, if account is suspended there will be a $20 dollar reconnect fee. The reconnection fee for standard and reseller hosting plans is $10.00  (contracts consist of taking a payment plan via paypal) and they last the term of the sign up payment contract any account canceling this service prior to completing the contract will be subject to there existing payments being billed by a collection agency. accounts that make it past the 1st year contract ( must be a contract that consists of that actual) term are subject to a month to month basis

(C) Free Trials:
Free trial periods may be offered on our website for several plans. All terms and conditions must also be followed during the trial period. We may request at least $5.00 to be charged originally so that we may verify valid billing information and for server maintained fee, and that initial amount which we may request is not refundable. This is to help us prevent fraudulent accounts from being created. Free trials can only be used once per user

Refunds and Disputes:
All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargeback's, in MadMindsHosting discretion which is valid, under the terms and conditions of our AUP and TOS, will result in service interruption, and reconnection fees to restore the desired service. Domain name registrations are non-refundable . We reserve the right to deny refunds , and allow a cancellation of service with out a subject to collection agency fee being applied. if we find the reason to be justifiable the service will be terminated and no fees or agency fee's will apply.

Forms of Payment:
MadMindsHosting accepts Visa, MasterCard, Paypal as payment options. We will not accept company or personal checks we will accept  wire transfers if paying month to month or in full for the year. Receipts will be giving by electronic email in PDF or text format and will be retained by us . Please be advise your credit card or bank statement will show us as "MadMindsHosting" or MMH


Cancellation Policy:
CANCELLATIONS MUST BE PROVIDED IN WRITING OR BY OPENING A SUPPORT TICKET 5 DAYS IN ADVANCE BEFORE THE NEXT BILLING DATE. Again, Pro-rated refunds are not given so be sure that we know your intention to leave within 5 days of billing. An account is not entitled to a refund if it does not comply with the Terms of Service or if it has been suspended for any reason

Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion. Failure to follow any term or condition will be grounds for immediate account deactivation

Uptime Guarantee:
We guarantee that our servers uptime to be at at least %99.9 during a 30-day period. We're usually at higher uptime however. If your website and/or email becomes unavailable due to reasons at your facility (or related) we can not offer a refund. We will offer a refund for the amount of time lost regardless of duration of downtime for any reason from our part. Such refund would only be provided if our downtime should be more than 24 hours

Support Restrictions:
MadMindsHosting will make every effort to support information for configuring popular network/web software to use internet services. However we can in no way specifically test every piece of software that could conceivably be utilized with our systems, only provide general system-related information. The offer of any particular service does not constitute an obligation on MadMindsHosting part to tutor the necessary skills to utilize that service, only to provide system-specific information


INDEMNIFICATION:
You shall indemnify, defend and hold MadMindsHosting and its affiliates harmless from and against any damage, loss, expense (including reasonable attorney's fees and costs related to litigation) or penalty or any claim or action therefore, by or on behalf of any person, arising out of: (a) any material on the your Web Site as linked through MadMindsHosting, including without limitation, those arising from claims or suits for defamation, copyright or trademark infringement, misappropriation, violation of the Lanham Act or rights of privacy or publicity or from any and all similar claims now known or hereafter devised; (b) a breach by you of a warranty under this Agreement; (c) any negligence or willful misconduct by you

NO WARRANTIES.
MadMindsHosting PROVIDES ALL MATERIALS AND THE SERVICES TO YOU AND ITS SUBSCRIBERS "AS IS." MadMindsHosting MAKES NO OTHER WARRANTIES AND MadMindsHosting DISCLAIMS ALL WARRANTEES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. MadMindsHosting DOES NOT WARRANT THAT THE SERVICES OR SIGN-UP PAGE WILL BE INTERRUPTED OR ERROR FREE, NOR DOES MadMindsHosting MAKE ANY WARRANTY AS TO THE PERFORMANCE OR ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES OR THE SIGN-UP PAGE. In addition, there are no guarantee's made on actual profit that can be made through our hosting plans, reseller plans, or dedicated server plans. Any profit calculations are only examples and are not guaranteed. All resellers, and/or dedicated server owners are Independent Contractors


LIMITATION OF LIABILITY
NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CONSTITUTE A WARRANTY, EXCLUSIVE OF SUCH SPECIFICALLY DESCRIBED HEREIN. MadMindsHosting HAS NO LIABILITY TO YOU UNDER THIS AGREEMENT, AND NO REMEDY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE. IN ADDITION, MadMindsHosting SHALL NOT BE LIABLE TO YOU FOR LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MadMindsHosting MAY SEEK INJUNCTIVE RELIEF TO PREVENT YOU FROM DISSEMINATING MadMindsHosting CONFIDENTIAL INFORMATION OR FROM UNAUTHORIZED USE OF MadMindsHosting TRADE NAME OR TRADEMARKS

Referral Program & Roll over Plans
All customers that are willing to use our referral program who have already paid in advance for there hosting services will be credited there 1 year of free hosting to there existing accounts making it a 2 year deal for the actual cost of one to receive this promotion every time you bring 13 friends aboard we will credit the account with 1 year of hosting and or web space or any type of extra add-ons you wish to have each time you bring 5 friends we will take off one month of service granting a month to month service with one valid month free hosting already paid for the year will be added one extra free month every time you bring on 5 friends until you reach the 13th referral then it will be credited for the 1 year free

Revised Date: 1-29-2010
www.madmindshosting.com
MadMinds, Inc