All customers are subject to the following terms of service which ensure our responsibility to protect each customer and to provide the best services possible:
Terms Of Service
1. Use of the MediaServe.com website
- You agree to use all MediaServe Inc services and facilities at your own risk. MediaServe Inc specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall MediaServe Inc 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 MediaServe Inc harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against MediaServe Inc, 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. Customer agrees to defend, indemnify and hold harmless MediaServe Inc against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with MediaServe Inc's infrastructure (servers, routers, firewalls etc.)
- MediaServe Inc 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 MediaServe Inc 's servers. MediaServe Inc shall be the sole judge of what violates this policy.
- MediaServe Inc bills, in advance, monthly for hosted services, annually for domain name registration, transfer and renewal, and one time or in installments for custom web design services or services beyond the scope of normal support. All hosted services are month-to-month, with no contract length required. MediaServe Inc does not offer refunds, but does offer a 30-day free trial for our shared hosting services.
- MediaServe Inc accepts Mailed Check, Visa, Master Card, American Express, and Discover Card payment. Electronic payment methods stored on customer's account represents permission to charge for any service due. Our 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. Payments made for any service or domain name are non-refundable.
3. Late Payments
- Payment for hosted services is charged monthly, in advance. Failure to pay for an active service within 30 days of the invoice date will result in service suspension. Continued failure to pay within 45 days of the invoice due date will result in service termination and the loss of all associated data.
4. Acceptable Use Policy
- All services provided by MediaServe Inc 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 MediaServe Inc judges to be threatening or obscene, or material protected by trade secret and other statute.
- The subscriber agrees to indemnify and hold harmless MediaServe Inc and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.
- Our 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 MediaServe Inc will always inform you when and why any action has been taken.
- Pornography is prohibited on all MediaServe Inc servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
- 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.
- 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 our network.
- Content relating to Hacking, Cracking, Warez and IRC is not allowed. 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.
5. Limitation Of Liability
- MediaServe Inc 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, MediaServe Inc 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 MediaServe Inc 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 MediaServe Inc s website or paid services, even if MediaServe Inc or a MediaServe Inc authorized representative 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.
- MediaServe Inc 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, MediaServe Inc 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.
- MediaServe Inc reserves the right to remove any account without advanced notice for any reason without restitution as MediaServe Inc sees fit.
- MediaServe Inc reserves the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
7. Governing Law
- These terms and conditions are governed by and construed in accordance with the laws of the State of Tennessee, and customer irrevocably submits to the exclusive jurisdiction of the courts in said State.