ARE THE TERMS OF SERVICE
which govern your hosting transaction.
They explain what we provide and what we do not provide. All
hosting accounts are covered by a 30-Day
or Socially Inappropriate Content: we reserve
the right to refuse Domain Hosting Services to Sites deemed "Unsuitable". Unsuitable
sites include, for example, sites that:
promote, or link to SEXUALLY EXPLICIT material.
promote, or link to violence or illegal activities.
promote, or link to material that promotes or depicts discrimination
based on sexual orientation, race,
gender, religion, national origin, physical or mental disability,
promote, or link to material which violate intellectual
property rights or material of such nature.
of Refusual: We reserve the right to refuse/terminate hosting
services to any individual, company, organization, or entity for
any reason. In such cases, MarchHost may issue a full
and immediate refund of all monies paid including setup fee's.
In the event that services are refused/terminated, no explaination
will be required.
Server Policy: Any sites that engage in excessive use of the Mail
Server are prone to immediate termination without notice. Excessive
use is defined as any process or procedure which overtaxes the
Mail Server resulting in other clients being unable to access
the Mail Server to send and receive normal email communications.
Prolonged and repeated mail abuse will result in a users SMTP
priveledges being revoked without notice.
Policy: We do
nott practice, participate in nor condone SPAM of any sort.
Offenders of SPAM will be notified in writing by us to
cease and desist such activities. Failure to comply
will result in immediate termination of mail services without
refund. The negligence of a single domain residing
on our servers could result in we being placed on an anti-spam
list. Should we be placed on the anti-spam list, every domain
e-mail service will be affected and blocked. We wish to protect
our customers of this problem and for this reason,
we will remain intolerant of SPAM.
Service(s): To begin the purchasing process,
you must print, read, sign and fax this agreement to 914-206-4477
within 30 days of completion of the online contract via
our Site. Failure to send this to us irrevocably waives
all client priveleges.
and Pricing: Customers who purchase MarchHost service(s)
will be considered customers. All company rules, policies and
operating procedures concerning customer orders, customer service
and service sales will apply to these customers. We reserve the
right to change our policies and operating procedures at any time.
For example, we will determine pricing schedule for services sold
by us which may vary from time to time.
of Service(s): MarchHost - ClientByDesign. accepts
payment in the form of Credit Card (Mastercard, Visa), personal
or company check, cashier's check, and money order.
checks will be charged a $50 US service fee. Credit
Card numbers will be verified before transactions occur. Upon
receipt of payment, you will receive an order confirmation via
an e-mail message outlining other policies and procedures.
Agreement: We agree to process services
purchased by customers. We reserve the right to reject orders
that do not comply with the necessary requirements that we may
establish from time to time. We will be responsible for all aspects
of service processing, customer support and payment processing
and we agree to handle all customer service requests generated
at the order form. After the completion of the setup of your services,
ALL service requests must be made via the Request for Service
Form. This is necessary to be sure all requests for assistance
are met in a timely, efficient manner. affiliates
- We will track sales made to customers who purchase services
using linkIDs from the Approved Site to our site and we will provide
you with reports of the sales at the time of Fee Payment.
Service and Our Service Warranty: We agree
to provide technical assistance for services you purchased where
there is a technical problem as the result of the setup or configuration
of your Internet service(s). We will resolve these problems
and provide e-mail response as to the solution within 1-2 business
days providing you follow the service policies and procedures
outlined in your order confirmation document. We will provide
answers to frequently asked questions or problems which will be
posted on our site under the FAQ link. We will
not provide technical training other than the FAQ section, the
directions that come to you at the completion of your setup, or
training and/or consulting services you have or will purchase.
MarchHost. stands behind all our services -- both
Internet and customer services. At all times, we want our customers
to feel satisfied. We will provide the best possible service to
you. Should you find a problem with the setup of your Internet
service(s) as it is going on you are responsible to contact MarchHost as outlined in your order confirmation document.
Flame mail directed to MarchHost or any of its officers
or employees will not be tolerated. Should
you be unsatisfied with any of our services within the first 30
days (from the time payment and/or service agreement is received),
where no mutual agreement can be met, MarchHost. may provide
you a full refund minus 10% (required for labor fees on the setup
of your services). Refunds will not be issued past 30 days.
disclaim all liability for development and maintenance of Your
Site that has not been directly *purchased from MarchHost. You
will compensate and hold us harmless from all claims, damages
and expenses (including, without limitation, attorneys' fees)
relating to the development and maintenance and contents of Your
error or distinctions occur with the operations of your site based
on development or maintenance provided by sources other than MarchHost., you will be held liable, and will be expected
to provide the necessary provisions for correction of this.
Between You and MarchHost: This is an agreement
between independent contractors -- You and MarchHost. This
Agreement does not imply any partnership, joint venture, agency,
franchise, sales representative or employment relationship between
you and MarchHost. You will not have, nor will you represent
that you have, any authority to make or accept any offers or representations
on our behalf. You will not do anything to disparage or
damage the reputation of MarchHost or any of its officers, employees,
products and/or services.
You will not misrepresent MarchHost by expressed or implied
claims of success, warranties or service obligations or there
of on our behalf. We disclaim any liability for such claims
or implications made on your part to prospects, potential customers,
and/or customer of MarchHost. You acknowledge this agreement
will be terminated with or without notice for misrepresenting
MarchHost, its officers, employees, distributors, assigns or
products or services.
of Terms & Conditions: We may modify any
of the terms and conditions of this Agreement, at any time and
in our sole discretion, by posting a change notice and the new
agreement on our site. Modifications may include but are not limited
to changes in available fee or payment schedules or procedures
and Program rules. YOUR ONLY RECOURSE TO CHANGES
UNACCEPTABLE TO YOU IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED
USE OF SERVICE(S) FOLLOWING THE POSTING OF CHANGE ON OUR SITE
WILL CONSTITUTE A BINDING ACCEPTANCE OF THE CHANGE.
of Liability: We disclaim liability for any indirect, special
or consequential damages, arising in connection with this Agreement
or Service(s), even if we have been advised of the possibility
of such damages.
no expressed or implied warranties or representations with respect
to any services purchased at MarchHost. (including, without
limitation, warranties of fitness, merchantability, non-infringement
or any implied warranties arising out of a course of performance,
dealing or trade usage). Further, we make no representation
that the operation of our network*, including our own Site, will
be uninterrupted or error free, and we will not be liable for
the consequences of any interruptions or errors.
of this Agreement and Termination:The duration
of this Agreement will begin with our receipt of your signed Agreement
and will end when terminated by either party. Either party may
terminate this Agreement at any time, with just cause, by giving
the other party written notice of termination. Removal of all
MarchHost Logos and all reference to association with MarchHost
must be removed from the Approved site immediately upon termination
of this Agreement.
Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF PURCHASING MarchHost, INC. SERVICE(S)
AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT
OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of the state of
New York, without reference to rules governing choice of laws.
Our failure to enforce your strict performance of any provision
of this Agreement will not constitute a waiver of our right to
subsequently enforce such provision or any other provision of
this Agreement Any
action relating to this Agreement must be brought in the federal
or state courts located in the state ofNew York and you irrevocably
consent to the jurisdiction of such courts with your acceptance
of this Agreement.