Website Hosting Service Contract
Zignut LLC/dba Media Managed(further referred to as PROVIDER) is a Web Hosting Provider. User accounts on our Internet servers are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your placement or placement on your behalf of information on PROVIDER servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind yourself or on your behalf on PROVIDER servers.
1. USER CONDUCT
PROVIDER services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to PROVIDER, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
While using the service, you may not:
Restrict or inhibit any other user from using and enjoying the Internet;Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)
You agree to indemnify, defend, and hold harmless PROVIDER from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, PROVIDER, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
PROVIDER reserves the right to refuse or discontinue service to anyone at PROVIDER sole discretion. PROVIDER may deny you access to all or part of the service without notice if you engage in any conduct or activities that PROVIDER in its sole discretion believes violates any of the terms and conditions in this agreement. PROVIDER shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that PROVIDER has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. PROVIDER reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
4. NO WARRANTIES
PROVIDER makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by PROVIDER or its agents or employees shall create a warranty. PROVIDER provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall PROVIDER be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with PROVIDER service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on PROVIDER servers that such information becomes available to all Internet users and that PROVIDER has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of PROVIDER servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through PROVIDER or on the Internet generally.
5. Electronic Communications Privacy Act(ECPA) NOTICE
PROVIDER reserves the right to monitor any and all communications through or with our facilities. You agree that PROVIDER is not considered a “secure communications medium” for the purposes of the ECPA, and that no expectation of privacy is afforded.
6. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply PROVIDER with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
7. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.
You agree to adhere to system policies as published online by PROVIDER, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at PROVIDER. You agree to abide by any and all future PROVIDER policy decisions.
You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify PROVIDER immediately by telephone at 231-903-0130 and in writing by registered mail return receipt requested to Zignut LLC/dba Media Managed, 3524 Jeffrey St Norton Shores, MI 49441. You shall be held fully responsible for any misuse or compromise to your account for which PROVIDER is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, PROVIDER has the right to suspend access to the account pending an investigation and resolution. You also agree that PROVIDER has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.
9. BACKUP OF DATA
Your use of the service is at your sole risk. PROVIDER is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on PROVIDER servers. However, PROVIDER does maintain a nightly backup of most data in case of disaster.
10. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of PROVIDER or any other service with reference to services obtained through PROVIDER, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as “spamming” is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, PROVIDER, or any other party or parties resulting from any such conduct.
You agree to supply appropriate payment for the services received from PROVIDER, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify PROVIDER of your desire to cancel any or all services 90 days prior to renewal via email, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that PROVIDER may apply the amount due to the provided card at any time. You agree that pro-rated refunds for unused time periods will be not provided in the event of account termination.
You agree a late payment fee of 15% will be assessed if payment is not received by due date for invoices.You agree to pay any collection and attorney fees.
12. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication you may have had with PROVIDER or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
This agreement shall be governed by the laws of the State of Michigan.
By using and continuing to maintain or place information on PROVIDER servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
This is our account service contract. It is fairly standard legalese. Although it may sound harsh, rest assured that we have nothing but good intentions towards our customers. Like all of our policies, the contract is designed to maximize the efficiency and quality of our service for all customers.Please note that this contract can only be modified by PROVIDER or its authorized partners.