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MDI Hosting Terms of Service (Rev 01/07)
By using our service, the Subscribing Customer (you) hereby agrees to the following terms of service. Failure to comply with the terms of service may result in immediate suspension and or deletion of the customer account and forfeiture of the remainder of the customer contract without refund or transfer. All website contracts are for a 1 year minimum from time of service signup. No exceptions.
These Terms of Service are subject to change at anytime without notice. - Customer agrees to pay for hosting services rendered in advance of each yearly service term. Purchases made with a credit card will be billed automatically on the due date.
- All hosting agreements are on a one-year term whether paid monthly or yearly the contracted agreement is 1 year from date of service initiation.
- Customer agrees to be bound by the service term selected at time of sign-up.
- Setup fees and monthly and yearly service fees are non-refundable.
- Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be resolved within 5 days of notice. Customers failing to secure payment within 5 days of notice will have their service suspended, and then terminated. A service fee of $100.00 will be issued if after 5 days payment is made and service restored..
- Service cancellations must be submitted in writing at least one month prior to the end of the billing period for the service year. Dedicated servers require two months notice of cancellation prior to the end of the billing period.
- MDI is not responsible for loss of data, the customer is responsible for backing up their own data.
- Customer agrees to adhere to the Acceptable Use Policy (AUP).
- Customer agrees not to engage in activity that violates federal (United States), state or local laws applicable to the service terms described herein.
- Customer agrees to indemnify and hold harmless MDI and the employees and agents of MDI against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or customer's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
- MDI reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy and Terms of Services.
- Customer agrees that all content created on, transmitted to and or stored on MDI Hosting servers is released to be the sole property of MDI and the customer releases all rights to content created on, transmitted to and or stored on MDI Hosting servers to MDI.
- Marshall Diversified, Inc SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF Marshall Diversified, Inc SERVICES AND PRODUCTS BY SUBSCRIBER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS Marshall Diversified, Inc PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED Marshall Diversified, Inc DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SUBSCRIBER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND Marshall Diversified, Inc SHALL HAVE NO LIABILITY THEREFORE.
- Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
- Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally, sent by an internationally recognized overnight courier, registered or certified mail, to the address of customer as set forth in the Service Descriptions or MDI Hosting as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, (iii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested.
Marshall Diversified, Inc 64 Billy Goss Loop North East, MD 21901 - Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, county of Cecil, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
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