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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
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!
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 5 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. Such reinstament 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
(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
(D) Free
Hosting: Free
hosting is limited by size , content , and traffic we reserve the
right to cancel hosting or request a change in content as we see fit
there will be a email warning 24hrs before this request is made
within the next 24hrs changes must be complied in the case its not
the hosting will be forfeited by the customer if we see a free
hosting customer has a decent accepted website with moderate traffic
we reserve the right to upgrade or down grade the account to honor
our paid customers full hosting potential adult , downloads are
allowed in a free based websites but may be limited to the type of
download content you wish to add we decide this .Free hosting
accounts are provided (1) of (2) sub domains and are limited to a
FTP only account request of a cpanel can be granted a payment option
of no greater then $5.00 with the option to park (1) full domain on
it with unlimited sub domain access for an additional fee of $5.00
with no more then 500 Mb of web space and or 250 Gb
traffic for an additional $3.00
a month free based hosting will be granted (1) Gb of web space and
250 Gb of traffic.
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
Forms of Payment: MadMindsHosting accepts Visa,
MasterCard, AnyPay and Paypal as payment options. We will not accept
company or personal checks nor wire transfers. Please be advise your
credit card or bank statement will show us as
"MadMindsHosting"
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
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 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 8 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 3 friends we will take
off one month of service granting 2 months service with one valid
month free hosting already paid for the year will be added one extra
free month every time you bring on 3 friends until you reach the 8th
referral then it will be credited for the 1 year free this
promotion applies to accounts greater then $45.00 a year no packages
offered at a lower cost apply to this rule as well as free hosting
if free hosting members wish to earn credit you would have to
promote as a paid customer would and you will be offered a full
account at no charge no cash offers are available as listed here if
we wish to credit your PayPal with a finder's fee of cash we will do
so as we see fit as it will be a percentage of the value of the
hosting accounts promoted plus a minor upgrade to your existing
hosting account.
Revised Date:
04-10-07 www.madmindshosting.com MadMindsHosting,
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