Terms of Service

Posted on: April 10th, 2012 by admin No Comments
Mach 1 Web Design, Inc. – Terms of Service 1. Limitation of Liability. Customer agrees that it shall defend, indemnify, save and hold Mach 1 Web Design, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Mach 1 Web Design, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Mach 1 Web Design, Inc. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Mach 1 Web Design, Inc.; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to customers from Mach 1 Web Design, Inc.’s server and (5) loss of a domain name due to error on the part of Mach 1 Web Design, Inc., its agents, officers, employees or a third party supplier. 2. Refund Policies.
Web Design Refund Policy: We want you to be happy with the website that we design for you. We will work with you until you are satisfied with the design. If at any time during the design period you are unhappy with our work, you are entitled to a full refund minus the domain name registration fee (if applicable). Hosting Refund: If, during the first 45 days of service, you are unhappy with our Web Hosting Service, you will receive a 100% refund minus the domain name registration fee (if applicable). There are no long term commitments for our web hosting. You are free to cancel at anytime and will receive a pro-rata refund for any services not yet provided. We guarantee that your site will be up 99.9% of the time we host it. This guarantee includes both network and server failures. If your site isn’t up 99.9% in any one month we will issue a full refund for the month. Domain Name Registration Refund Policy: Domain names are $12.95/year. They are NOT refundable. Due to Internet Corporation for Assigned Names and Numbers (ICANN) policy we are unable to receive refunds from our provider. Therefore, in the event that we have registered a domain in your name under the 1st year free promotion, you will be refunded what you paid minus the domain name registration fee.
3. Zero Tolerance Spam Policy. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. 4. Content. All services provided by Mach 1 Web Design, Inc. may only be used for lawful purposes. The laws of the State of Illinois, The state of Texas, and the United States of America apply. The customer agrees to indemnify and hold harmless Mach 1 Web Design, Inc. from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email us with the information required. If the request is of a licensing issue, we may require further documentation. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups. Examples of unacceptable material on all Hosting accounts include:
  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • MUDs/RPGs/PPBGs
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
Mach 1 Web Design, Inc. services, including all related equipment, networks and network devices are provided only for authorized customer use. Mach 1 Web Design, Inc. systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Mach 1 Web Design, Inc. system(s) constitutes consent to monitoring for these purposes. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at email us and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. 5. Domain Name Registration. Your contact information as provided to us will be available in the public whois database as required by Internic and ICANN policies. Private registration is available for an additional fee at time of purchase. Please contact us before purchasing if you desire private registration. Domain names must be renewed and paid in full 10 days prior to expriation to allow time for processing. We require a $5 processing fee for transferring a domain to a different provider. 6. Backups and Data Loss. Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Mach 1 Web Design, Inc. is not responsible for files and/or 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 Mach 1 Web Design, Inc. servers. 7. Disclaimer. Mach 1 Web Design, Inc. shall not be responsible for any damages your business may suffer. Mach 1 Web Design, Inc. makes no warranties of any kind, expressed or implied for services we provide. Mach 1 Web Design, Inc. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Mach 1 Web Design, Inc. and its employees. 8. Disclosure to Law Enforcement. Mach 1 Web Design, Inc. may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies. 9. Cancellation. Mach 1 Web Design, Inc. reserves the right to cancel the account at any time with or without notice. 10. Coupons. We reserve the right to verify eligibility for any coupons and make adjustments to your invoice. 11. Pricing. We reserve the right to correct any error or ommission made for any offer. 12. Arbitration By using any Mach 1 Web Design, Inc. services, you agree to submit to binding arbitration. If any disputes or claims arise against Mach 1 Web Design, Inc. or its subsidiaries, such disputes will be handled by an arbitrator of Mach 1 Web Design, Inc.’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration. 12. Changes to Terms of Service. Mach 1 Web Design, Inc. reserves the right to revise its policies at any time without notice