You agree to use all the Company's services and facilities at your own risk. The Company specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall the Company be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
You agree that you shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against the Company 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 customer, it's agents, employees or assigns. You agree to defend, indemnify and hold the Company harmless against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with the Company's infrastructure (servers, routers, firewalls etc.)
The Company reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from the Company 's servers. The Company shall be the sole judge of what violates this policy.
The Company bills, in advance, monthly for hosted services. All hosted services are month-to-month, with no contract length required.
The Company bills annually for domain name registration, transfer and renewal, SSL certificates and (optionally) VPN service.
The Company accepts Visa, Master Card, American Express, and Discover Card payment, as well as E-Check / ACH. Electronic payment methods stored on customer's account represents permission to charge for any service due. The Company's hosted services have no contract terms and can be canceled at Customer's discretion, using the Request Cancellation link on the left side of the page when viewing the details of a hosted service. (Access your hosted services here.) Payments made for any service or domain name are non-refundable except where indicated in the refund policy below.
Changes to the pricing of any hosted services are announced via our company blog 30 days in advance.
3. Refund Policy
A 30-day money back satisfaction guarantee is available for shared hosting services published at https://mediaserve.com/secure-hosting.php. These are the only services to which this guarantee applies.
Domain name registrations are refundable, less $2.00, as long as the refund request is submitted within 48 hours of the initial registration. Domain name renewals are non-refundable, as our domain name registrar does not refund renewals in any case. To ensure a domain name is not renewed, please disable the auto-renew option (if enabled) in the domain name details with your account. Your domain names are accessible here.
Our payment processor (Stripe) does not reimburse our transaction fees when we issue a refund. For this reason, clients with active domain names or hosted services will have refunds credited back to their account balances to be automatically applied to future invoices. Clients without active domain names or hosted services will be issued a refund to their original payment method.
Credit card disputes are not a valid means for obtaining a refund under any circumstances. Refunds must be requested directly from the Company, and such requests are subject to the refund terms above. Disputing a charge (a.k.a. credit card chargeback) will subject the Customer to an immediate termination of all services hosted by the Company, forfeiture of all domain names registered by the Company, and a $15.00 charge for each chargeback.
4. Late Payments
Payment for the Company's hosted services is charged in advance on the renewal date. Failure to pay for an active service within 15 days of the invoice due date will result in service suspension. Continued failure to pay within 90 days of the invoice due date will result in service termination and the loss of all associated data.
Customer is solely responsible for maintaining backups of all important data hosted by the Company, regardless of any backups performed by the Company.
The Company periodically backs up cPanel accounts of shared and reseller hosting customers and stores them offsite. The Company offers an optional backup service for customers of our managed VPS servers. The Company assumes no liability as to the availability or completeness of customer data backups.
If the Customer declines the optional backup service offered for a Managed VPS, the Customer is responsible for performing backups of said VPS.
6. Acceptable Use Policy
Our website hosting services require the Customer to use the nameservers provided by the Company, and to have the primary top level domain name(s) pointed to/hosted by us. We do not support a scenario whereby a website is pointed externally and a hosting plan used for email only. Only a business email plan can be used for email only purposes without web hosting.
All services provided by the Company may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material the Company judges to be threatening or obscene, or material protected by trade secret and other statute.
The subscriber agrees to indemnify and hold harmless the Company and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.
The Company's acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although the Company will always inform you when and why any action has been taken.
Pornography is prohibited on the Company's hosting infrastructure. This includes sites that include sexually explicit or hardcore images and/or advertising.
The subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company.
The subscriber further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material, is not permitted on the Company's network.
Content relating to Hacking, Cracking, Warez and IRC is not allowed on the Company's network. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
The subscriber acknowledges that our email service is not to be used for sending bulk email (defined as sending the same email to more than 10 recipients) and will instead use a bulk emailing service for such communications.
7. Limitation Of Liability
The Company shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever.
Furthermore, the Company shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from any of our servers. All damages shall be limited to the immediate termination of service.
In no event shall the Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Company's website or paid services, even if the Company or an authorized representative of the Company has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The Company does not warrant or represent that the services will be uninterrupted, error-free, or completely secure from loss. To the extent permitted by applicable law, the Company disclaims and and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law, all services are provided on an 'as is' basis.
The Company reserves the right to remove any account without advanced notice for any reason without restitution as the Company sees fit.
The Company reserves the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
9. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of the State of Texas, and customer irrevocably submits to the exclusive jurisdiction of the courts in said State.