HOSTING SERVICE TERMS AND CONDITIONS                       (Revision 1.2 1/4/2008)


 


 


SECTION I


 


This instrument contains the entire Agreement between the parties and no statements, promises, or inducements made by either party or agent of either party that are not contained in this agreement shall be valid and binding; this agreement may not be enlarged, modified or altered, except in writing, signed by both parties and endorsed on this agreement.


 


These Terms and Conditions (this “Agreement”) apply to any services you receive from Maron Internet, Inc. or its representatives, affiliates, subsidiaries, successors, or assignees; apply to each Service (whether offered on a stand-alone basis or in an integrated package); and shall take precedence in any conflict.


 


 


SECTION II


 


This Internet Web Hosting agreement is entered into by and between ________________________ (“Customer”) and Maron Internet, Inc., located in Clinton, Maryland. Maron Internet, Inc. and Customer is sometimes referred to in this agreement collectively as the Parties and singularly as a “Party”.


 


Term and Termination


This agreement shall be for a term of 1 year. Non-use of services does not constitute termination and Customer is required to remit payment for the entire term. The initial term of this Agreement shall begin on the first day when the Web Site is created or relocated and operational and will continue for a period of 12 months from that date. Following the initial term, the parties enter into a new Agreement for an additional term of not less than 1 year, unless at least 30 days prior written notice is provided to Maron Internet, Inc. by the Customer.


 


If you terminate early or in the event of any disconnection by us for non-payment by you, except in response to a material breach of this Agreement by Maron Internet, Inc. (before which Maron Internet, Inc. shall be given written notice and 30 days to cure), you will be obligated to pay the Early Termination Fee, which shall be that amount which is equal to the number of months remaining in the then current term of the Agreement multiplied by the agreed-upon monthly recurring fee or minimum revenue commitment associated with the Service. Any termination of Service or of this Agreement will result in all IP addresses assigned to you by Maron Internet, Inc. reverting back to Maron Internet, Inc. In addition, all Maron Internet, Inc. property (including but not limited to Maron Internet, Inc. equipment, facilities, and software) shall be returned to Maron Internet, Inc. Maron Internet, Inc. reserves the right to terminate this Agreement (or restrict or suspend Service) in the event you violate this Agreement. During the term of this Agreement, Maron Internet, Inc. reserves the right to modify its pricing as set forth in the Agreement or elsewhere upon 30 days written notice.


 


Upon acceptance of the Agreement, Maron Internet, Inc. shall notify Customer of its target date for the conversion. Maron Internet, Inc. shall use reasonable efforts to convert hosting to our servers on or before the estimated availability date, but the inability of Maron Internet, Inc. to deliver the conversion by such date shall not be default under this Agreement.


 


If the Customer cancels an order before the conversion takes place, a $200.00 processing fee will be assessed.


 


Payment Policy


You agree to pay all Service fees, incidental charges (including but not limited to charges associated with install, expedite, moves, add, changes, deletions and cancellations), federal, state and local taxes, surcharges, and other charges incurred on or through your account. Maron Internet, Inc. is not responsible for any delays that impede your ability to use the Installed Service, including but not limited to delays requested by you or caused by a third party or delays incurred as a result of problems connecting the Installed Service to your LAN, PBX, or other CPE by you or a third party. Furthermore, Maron Internet, Inc. may charge additional fees for changes made to orders after the Agreement is signed by you, but before the conversion is complete.


 


Initial charges from Maron Internet, Inc. for Services with recurring monthly fees will not include any start-up or installation fees and shall be invoiced at the beginning of the first full month after this Agreement is signed. All invoices submitted to Customer are due upon receipt and shall commence on the date of the installation. Any invoice, which is not paid in full by Customer within 15 calendar days from the invoice date, shall be considered Past Due. Any payment received by Maron Internet, Inc. on or after the Past Due Date shall be subject to an interest charge on delinquent amounts at the rate of 2% of the late payment per month or the maximum rate allowed by law, whichever is lower, prorated for each day past 30 days that payment is due.


 


Should you fail to keep your account balance current, Maron Internet, Inc. has the right to suspend your Service without notice and continue billing until sufficient payment has been received by Maron Internet, Inc. to bring current your account balance. If the Service is suspended for non-payment, it will not be restored until all charges (including any interest charges) are paid in full. Furthermore, Maron Internet, Inc. will assess a $250.00 Reactivation Fee to Customer for reinstating service. Should you fail to bring current your account balance within 10 days following suspension, Maron Internet, Inc. has the right to completely disconnect Service, reclaim all Maron Internet, Inc.-owned IP addresses, and charge all applicable Early Termination fees. If the Service is disconnected but can be restored, Maron Internet, Inc. will only do so after all charges (including any interest charges) and a $450.00 Service Restoration Fee are paid in full.


 


Maron Internet, Inc. may use any reasonable collection methods (including but not limited to sending your account to a third party collections agency and/or submitting your company to a credit rating agency for notation on your credit profile) to obtain payment for outstanding balances. You agree to reimburse Maron Internet, Inc. for its costs (including but not limited to reasonable attorneys’ fees and/or collections agency fees associated with collecting delinquent or dishonored payments) and for additional fees assessed by Maron Internet, Inc. for any check returned for insufficient funds.


 


Notification from you of any dispute regarding your bill must be submitted to Maron Internet, Inc. within 45 days of the invoice date or you will be deemed to have waived any objection to such payment. Once such disputes are identified, Maron Internet, Inc. will research such disputes in a reasonable amount of time and will not hold you liable to the charges until Maron Internet, Inc. has reached a conclusion on the validity of the claims. However, regardless of any billing disputes, all non-disputed balances must be paid in full in accordance with the Payment Policy.


 


Capacity Limitations


The Customer may upgrade the storage amounts at any time. There is no cost for the upgrade, only for the charge that applies to that storage amount.

 




Maron Internet, Inc. makes no warranties of any kind, whether expressed or implied, for the services it provides except for the conditions of the Service Level Agreement. Maron Internet, Inc. disclaims any warranty of business, fitness for a particular purpose and shall not be responsible for any damage Customer may suffer. This includes but is not limited to loss of data resulting from delays, non-deliveries or service interruptions caused for whatever reason. However, Maron Internet, Inc. agrees that if the service is not active as a result of conditions under the control of Maron Internet, Inc. for a period of more than 40 hours in one month between the hours of 7:00 AM- 7:00 PM Monday through Friday, the Customer shall have the option to terminate the service.


 


 


Right to Perform Maintenance Procedures


Generally Maron Internet, Inc. shall provide notification to its customers of scheduled server or network maintenance by e-mail. Such scheduled maintenance will normally be performed during non peak operating hours. However, Maron Internet, Inc. reserves the right to perform scheduled and unscheduled maintenance of its servers and network as deemed necessary in its sole discretion, and without prior notice.


 


The mail server space allotment provided by Maron Internet, Inc. or its vendors is not intended for archival storage of e-mail messages. Customers are expected to download their e-mail messages within a reasonable time period after such e-mail messages are received by the mail server, and provide their own means for making backup copies of the downloaded messages if backup copies are desired. As such, and subject to the Disclaimer of Warranty provision and the other provisions of this Agreement, Maron Internet, Inc. reserves the right to delete from its e-mail servers at any time, and without prior notice, e-mail messages which are greater than 30 days old.


 


Protection of Systems of Business


You agree that Maron Internet, Inc. may also monitor use of the Service and disclose such use or other information related to your account as Maron Internet, Inc. reasonably feels is necessary to maintain, repair, and protect its systems or business. In addition, although Maron Internet, Inc. does not systematically monitor the content on the Hosted Website, Maron Internet, Inc. reserves the right to require content that Maron Internet, Inc. determines in its sole discretion violates its acceptable use policy (as set forth below) be promptly removed and, if it is not, to suspend or terminate the Service without further notice.


 


Acceptable use


You agree not to use or allow the use of the Service to in any way transmit or post material that, as Maron Internet, Inc. determines in its sole discretion: (a) is prohibited by any law or regulation; (b) disrupts third parties’ use or enjoyment of any services; (c) invades the privacy of third parties, or violates the intellectual property rights or other rights of Maron Internet, Inc. or any third party; (d) is abusive, profane, libelous, slanderous, obscene, threatening, misleading, harassing, discriminatory, or otherwise harmful or objectionable; (e) causes the transmission or propagation of any virus, worm or other harmful or disruptive components; (f) violates or tampers with the security of any computer equipment, network, or program; (g) constitutes, facilitates, or encourages unsolicited commercial email or “spam”; (h) violates any other use requirement of which Maron Internet, Inc. may notify you from time to time or that is contained in any acceptable use policy posted on Maron Internet, Inc.’s website. This Agreement together with the actual removal of material or denial of access to material by Maron Internet, Inc. is deemed notice to you within the meaning of any Digital Millenium Copyright Act. YOU REPRESENT AND COVENANT THAT ANY CURRENT OR PLANNED WEBSITE MARON INTERNET, INC. OR ITS PARTNERS WILL BE HOSTING ON YOUR BEHALF (THE “HOSTED WEBSITE”) DOES NOT AND WILL NOT VIOLATE THE AFOREMENTIONED ACCEPTABLE USE POLICY. IF YOU VIOLATE THESE POLICIES, MARON INTERNET, INC. RESERVES THE RIGHT TO IMMEDIATELY SUSPEND OR DISCONNECT SERVICE AND CHARGE ALL APPLICABLE TERMINATION FEES.


 


Unauthorized and Authorized Third Party Use


You are responsible for ensuring the confidentiality of any password you obtain from Maron Internet, Inc. and for the consequences of any unauthorized use of your Service. If you have reason to believe that your account with Maron Internet, Inc. is no longer secure, you must promptly notify your Maron Internet, Inc. Customer Service Representative. You shall also be responsible for ensuring compliance with any Service obligations or restrictions under this Agreement by any customers of yours or other third parties authorized by you to use your account, including but not limited to being fully liable to Maron Internet, Inc. for any charges incurred as a result of such usage.


 


General and Specific Disclaimer of Warranties; Limitation of Liability; and Remedies


Without limiting this Agreement, Maron Internet, Inc. shall not be liable for any loss of revenue or profit by Customer or for any loss or damage arising out of this Agreement or out of the use of Maron Internet, Inc. services provided under this Agreement or by any person or entity, whether arising in contract, tort (including, without limitation, negligence or strict liability) or otherwise and whether or not Customer is informed of the possibility of such damages in advance. Further, there shall be no liability on the part of Maron Internet, Inc. for any loss or damage sustained by Customer for reason of defects or malfunctions in the hardware or software utilized in the equipment as set forth in this Agreement. Maron Internet, Inc. shall not be held accountable for any loss of your data or connection due, but not limited to telephone company outage, power company outages or acts of God.


 


The Customer expressly agrees that the Services, including any associated installation, maintenance, or repair and any associated equipment, software, or content, is provided to you without warranties, either express or implied, including but not limited to the warranties of merchantability, noninfringement, title, or fitness for a particular purpose, all such warranties being expressly disclaimed.


 


Maron Internet, Inc. specifically does not warrant that the services including security services will be error or virus free and secure from third party intrusions, and compatible with your equipment. Maron Internet, Inc. also does not warrant any service, equipment or software provided by a third party for which Maron Internet, Inc. is a reseller or sales agent. You also agree that electronically stored data is highly sensitive and subject to unforeseen loss due to a variety of causes; that the proper operation of any computer system includes the making of regular backups; and that Maron Internet, Inc. shall not be liable for any loss of data in connection with the services, including any related installation or repair activity. Maron Internet, Inc. assumes no responsibility or liability for the deletion or failure to store properly e-mail messages or other files on its e-mail, web, ftp or other servers. Customers and users assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the services, the software or underlying systems.


 


Miscellaneous


Indemnification. You agree, at your own expense, to defend, indemnify, and hold harmless Maron Internet, Inc., its affiliates, or representatives from and against any and all claims or liabilities including, without limitation, reasonable attorneys’ fees, arising from or relating to the use of the Service by you or someone using your account (whether authorized or unauthorized) or any violation of this Agreement or applicable law, including without limitation any claims against Maron Internet, Inc. relating to the content on, or goods or services provided through, the Service, such as defamation claims, copyright claims, privacy claims, obscenity claims, etc. You acknowledge and agree that Maron Internet, inc. takes no responsibility for the content on, or goods or services provided through, the Service. Maron Internet, Inc. shall not have any liability for indirect, direct, punitive, incidental, consequential, or special damages suffered by you or any other party, regardless or whether or not you or such parties have been advised of the possibility of such damages.


 


The failure of Maron Internet, Inc. to perform any obligation shall be excused as a result of any governmental actions of any kind, wars, strikes, fires, floods, acts of God, telecommunications failures, errors in the coding of electronic files, or any causes of like or different kind beyond the reasonable control of Maron Internet, Inc.


 


MARON INTERNET, INC. SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. YOUR USE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL OBTAINED THRU THE INTERNET.


 


Independent Contractors. Neither party shall have the authority to bind the other by contract or otherwise make any representations or guarantees on behalf of the other. Both parties acknowledge and agree that the relationship arising from this Agreement is one of independent contractor, and does not constitute an agency, joint venture, partnership, employee relationship or franchise.


 


Assignment. This Agreement shall be binding on Customer and its affiliates, successors and assigns. Customer shall not assign, sell or transfer this Agreement or the right to receive the services provided hereunder, whether by operation of law or otherwise, without the prior written consent of Maron Internet, Inc. which consent shall not be unreasonably withheld. Maron Internet, Inc. may terminate this Agreement in the event of an actual or proported assignment or sale or transfer of this Agreement by Customer without Maron Internet, Inc.’s prior written consent.


 


Amendment. Any and all prior offers, contracts, agreements, representations and understandings made to or with Customer by Maron Internet, Inc. with respect to the subject matter under this Agreement, whether oral or written, shall be superseded by this Agreement. No amendment or modification to this Agreement shall be valid or binding upon the parties unless in writing and signed by both parties.


 


Waiver. No failure or delay on the part of Maron Internet, Inc. in the exercise of any right or privilege hereunder shall operate as a waiver thereof or of the exercise of any other right or privilege hereunder, nor shall any single or partial exercise of any such right or privilege preclude other or further exercise thereof or of any other right or privilege


 


Privacy. The name, address and payment information you provide to Maron Internet, Inc., together with the information regarding the manner in which you use Maron Internet, Inc. and/or the Internet, will not be disclosed to any third party, except as required to process payment for services or as required by law.


 


Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings or agreements, whether oral or written.


 


Severability. If any provision of this Agreement is held to be ineffective, unenforceable or illegal for any reason, such decision shall not affect the validity or enforceability of any or all of the remaining portions thereof.


 




 


Notice


Any notice to be given hereunder by you to Maron Internet, Inc. shall be in writing and shall be addressed to Maron Internet, Inc. at the following address: P O Box 1357, Clinton, MD 20735. Notices to you shall be sent to either your Service e-mail address or to the Company address supplied below.


 


 


SECTION III


Effective Agreement


 


This Agreement shall insure to the benefit of and be binding on the partners, representatives, officers, executives, assigns, agents and successors of the respective parties. The signatory below represent and warrants his or her authority to execute, deliver and perform this Agreement on behalf of the Company named below. Maron Internet, Inc. shall be entitled to rely on any apparent or implied authority of such signatory, which shall result in a binding and enforceable agreement between Maron Internet, Inc. and the Company. Once the Company accepts installation or actually uses any of the Services hereunder, Company waives any right to thereafter object to the validity and enforceability of this Agreement due to an alleged lack of authority by the signatory. Company expressly agrees to this Agreement and to timely pay the charges set forth in this Agreement.


 


 


 


 


 


 


 


 


 


 


Signature


 


Print Name


 


Title


 


Company Name


 


Address


 


Phone


 


Fax


 


Email


 


Billing Contact Name


 


Tax ID#


 


 


 


 


 


 


 


                                                       


Maron Internet, Inc. Representative