This Web Hosting Agreement is between Madcityservers LLC and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
48 Hour Refund Policy
If, for any reason, you are not satisfied with our service, simply request a refund. We offer a 48 hours guarantee with no question asked. If you are not satisfied, inform us within 48 hours of service set up and your payment for the hosting services will be returned. Software licenses (CPanel, DirectAdmin or others), Setup and Admin Fees are non-refundable. If the hosting service has been used for bulk email sending and/or if our Terms and conditions have been violated no refund will be offered. The 48 Hours Moneyback guarantee applies for a single VPS and you may ask for a refund just once. If you already received a refund under our the refund policy you will not receive a refund on subsequent orders. Refund does not apply to promo services. A fee may apply if the payment processor you used applies any fees on a refund (varies by the processor). Payments made via Crypto Currency are non refundable. If, your account has been terminated for TOS or AUP violation no refund will be provided.
Services
Madcityservers LLC agrees to provide the services stated for the price agreed at any given time. We do not miss lead customers with hidden costs unlike many other web hosting companies.
Terms
Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and Madcityservers LLC's Acceptable Use Policy (.AUP.), including SPAM, and all disconnect and reconnect fees associated with violations. Madcityservers LLC does not harden or enable additional server security software outside of operating system defaults. The following terms constitute an agreement between you and Madcityservers LLC. These Terms of Service govern your use of the services provided by Madcityserver. BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP, and that you consent to resolve in Cook County, IL any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services and without warranties. These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.
Payments
Renewal notices are emailed seven days before the actual renew date in your account. If your using a credit card you will not have to worry about manuel payments. All accounts are set up on a pre-pay basis. If payment is not received within 2 days a $5 fee will be added. Madcityservers LLC reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within (1 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify Madcityservers LLC to request for termination of services. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled before hand. There is no fee for cancelled accounts that have been paid for yearly. If you cancel an account on the monthly billing cycle Madcityservers LLC can not refund any payments made before.
All annual payments are non refundable once the 2 day money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.
Chargebacks and disputes will lead to suspension of the whole account, including all services that are active under the account. We may choose to cancel the account completely without any refunds, at our sole discretion in these cases.
Cancellation and Early Termination
Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of Madcityservers LLC is strictly prohibited.
Madcityservers LLC will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include 'Internet scamming' (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to Madcityservers LLC, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - Madcityservers LLC has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Madcityservers LLC to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Abuse/Spam/Bulk Email Policy
Any orders after 01/0/24 Outbound TCP port 25 (SMTP) is blocked by default in all locations. This restriction can be removed with a valid justification. Contact us for more information.
Madcityservers LLC reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertised web sites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.
The following actions will be taken on a case-by-case basis:
-An abuse ticket serves as notification that our abuse department has received reports of abuse originating from the server. We require a client response to ALL abuse tickets within 24 hours of the ticket being opened. Typically no service will be suspended or filtered within the first 24 hours of an abuse ticket being opened. If a response is not received within 24 hours, or the server is determined to be abusive (or likely to be abusive in the case of spam blacklistings) after the ticket is opened, our abuse technicians may filter or disable ports or IPs assigned to the server temporarily to prevent further abuse until a response is received.
-If a response has not been received to an abuse ticket within 7 days of being opened, the server is eligible for suspension and may be completely disabled until we receive a response.
-Habitual neglect of abuse occurring on a client's server may lead to service termination or longer-term port filters as some blacklistings can take several weeks to time out or be removed.
-Madcityservers LLC reserves the right to refuse services to any client whose account(s) have been fined or terminated for abuse-related activities. If an IP range or IP address has been blacklisted as a result of excessive abuse reports, Madcityservers LLC reserves the right to issue a fine of $200 and immediately terminate the service.
Compromised servers issued abuse notifications: If our abuse department suspects that abuse reports associated with a client's server are a result of the server's security being compromised, our abuse department will offer the following options:
-At the discretion of our abuse department, we will typically offer the ability to log in to the server and remedy the security compromise while leaving the abusive traffic filtered.
-Offer an Operating System reinstallation, setting the configuration back to the original state it was provisioned in.
-If Operating System reinstallation is not accepted as an option, Madcityservers LLC may offer to manually retrieve/repair the files on the server, at a fee to be assessed and paid prior to any work being done.
Habitual security compromises that result in abusive traffic being transmitted or received from the server may result in service termination.
If a client wishes to dispute any abuse reports, or any fine assessed in connection with abuse reports or blacklistings, the client must provide Madcityservers LLC with an explanation via Madcityservers's Abuse notification system within 10 days of the abuse ticket being opened.
DMCA Complaints
Madcityservers LLC handles any and all Digital Millennium Copyright Act (.DMCA.) complaints very seriously, and will thoroughly investigate each complaint received. Madcityservers LLC reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.
The following actions will be taken on a case-by-case basis:
-A ticket is opened as a warning, providing 24 hours to resolve the situation.
-After 24 hours with no client response, connection to the IP address from the DMCA complaint will be disabled at the network level. At this time, Madcityservers LLC reserves the right to assess a $25 fine.
-After 72 hours with no resolution, services on the server in question will be suspended.
-After 7 days of being suspended and the issue not having been resolved, services on the server in question will be canceled. All client data will be destroyed immediately after the cancellation date.
-Users who violate this policy and fail to resolve the situation within 24 hours agree that in addition to these administrative penalties, they will pay .Research Fees' not to exceed $50 per hour that Madcityservers LLC personnel must spend to investigate the matter, to be charged only if claims are found to be valid.
AUP
Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that Madcityservers LLC hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of Madcityservers LLC notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Madcityservers LLC reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Madcityservers LLC and Customer regarding the interpretation of the AUP, Madcityservers LLC commercially reasonable interpretation of the AUP shall govern.
Customer Information
Customer represents and warrants to Madcityservers LLC that the information he, she or it has provided and will provide to Madcityservers LLC for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Madcityservers LLC that he or she is at least 18 years of age. Madcityservers LLC may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements ('SPAM') are not allowed in e-mail, and will likely result in account cancelation. Madcityservers LLC takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ('mail bombing'); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE - If YOU use the services of another provider to promote a website hosted by or through Madcityservers LLC ('spamvertising'), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.99% UPTIME GUARANTEE
(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with Madcityservers LLC at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT ('SLA') & SPECIFICATIONS - Madcityservers LLC endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ('unavailability') is defined as 100% packet loss from Madcityservers LLC to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Madcityservers LLC's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Madcityservers LLC NOC.
Madcityservers LLC's administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the Madcityservers LLC network.
(3a.) HOSTING CREDITS - In the event that YOUR website is unavailable for less than 100%, Madcityservers LLC will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
- 95% to 99.9% - YOUR account will be credited 10% of your monthly hosting fee
- 90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee
- 89.9% or below - YOUR account will be credited 50% of your monthly hosting fee (3b.)
Credit shall not be provided to YOU in the event that you have any outage resulting from:
- scheduled maintenance as posted from time to time at Madcityservers LLC,
- your behavior or the performance or failure of your equipment, facilities or applications,
- circumstances beyond Madcityservers LLC's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
- YOU breaking any agreement policy in Madcityservers LLC's 'Terms & Conditions and AUP' causing a machine to fail as a result.
TECHNICAL SUPPORT BOUNDARIES
Madcityservers LLC provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our VPS control panel interface, servers within our immediate responsibility and any other hosting related issues.
Please note that multiple replies to tickets will not ensure that you receive a faster response. We generally process tickets in the order in which they are received. We only offer support in English and require that it be used to communicate with our staff. We do not tolerate profanity or abusive language in any form of contact with us including, but not limited to, emails, our ticket system or any community forums. Such behavior will result in a warning, followed by suspension and/or termination if the warning is not heeded.
All servers are unmanaged.
Indemnification
Customer agrees to indemnify and hold harmless Madcityservers LLC, Madcityservers LLC's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS Madcityservers LLC AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Madcityservers LLC'S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Madcityservers LLC'S SERVER.
Disclaimer of Warranties
Madcityservers LLC does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Madcityservers LLC disclaims any and all warranties including the implied warranties or 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.
Limitation of Damages
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Madcityservers LLC and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.
Suspension of Services/Termination
Customer agrees that Madcityservers LLC may suspend services to Customer without notice and without liability if: (i) Madcityservers LLC reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Madcityservers LLC reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Madcityservers LLC reasonable reinstatement fee if service is Madcityservers LLC following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Madcityservers LLC fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by Madcityservers LLC prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Madcityservers LLC describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
Request For Customer Information
Customer agrees that Madcityservers LLC may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that Madcityservers LLC believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Back Up Copy
Customer agrees to maintain a current copy of all content hosted by Madcityservers LLC not with standing any agreement by Madcityservers LLC to provide back up services.
Changes To Madcityservers LLC's Network
Upgrades and other changes in Madcityservers LLC's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. Madcityservers LLC reserves the right to change its network in its commercially reasonable discretion, and Madcityservers LLC shall not be liable for any resulting harm to Customer.
Notices
Notices to Madcityservers LLC under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
Force Majored
Madcityservers LLC shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Madcityservers LLC's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Governing/Law Disputes
The Agreement shall be governed by the laws of the State of Illnois, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Miscellaneous
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on Madcityservers LLC unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Madcityservers LLC's prior written consent. Madcityservers LLC's approval for assignment is contingent on the assignee meeting Madcityservers LLC's credit approval criteria. Madcityservers LLC may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
Copyright Files
All files stored on Madcityservers LLC's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
CANCELATION OF SERVICE
Madcityservers LLC reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Madcityservers LLC if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU.
PROMOTIONAL RATES & SPECIAL OFFERS
Madcityservers LLC may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through Madcityservers LLC's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Madcityservers LLC or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Madcityservers LLC network. If YOU use a domain name in connection with Madcityservers LLC or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
NETWORK SECURITY
Customers may not use the Madcityservers LLC network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Madcityservers LLC will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
ELECTRONIC COMMERCE
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
STATIC & DYNAMIC CONTENT CACHING
YOU expressly
(i) grant to Madcityservers LLC a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Madcityservers LLC under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.
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IP ADDRESS OWNERSHIP
Madcityservers LLC shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Madcityservers LLC. Madcityservers LLC reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Madcityservers LLC reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Madcityservers LLC) in connection with the payments of the service, YOU agree and acknowledges that the service shall be suspended and a $35 chargeback fee will be added to the account before service is resumed..
LAWFUL PURPOSE
Madcityservers LLC reserves the right to refuse service to anyone. YOU may only use Madcityservers LLC server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: 'Pirated Warez', OGG, AVI, MPEG, ISO, 'Hacker programs or archives', 'Copyrighted Digital Movie Copies (DIVX)' and 'Unlicensed MP3'. The designation of any materials as such described above is left entirely to the discretion of Madcityservers LLC management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Madcityservers LLC may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Chicago IL, and any dispute will be litigated or arbitrated in Chicago IL. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL Madcityservers LLC'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
PRIVACY STATEMENT
Madcityservers LLC follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.
