GENERAL TERMS OF SERVICE
WHEREAS, The Marcom Group Incorporated’s (TMG) Web Hosting is an information provider connected to the Internet TMG offers storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Customer seeks to utilize TMG’s server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, TMG can make no guarantee that any given reader shall be able to access TMG’s server at any given time.
TMG represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
1. The Marcom Group Incorporated’s (TMG) Web Hosting will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service.
2. TMG reserves the right to police its network to verify compliance with all agreed upon Terms.
3. The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
4. TMG reserves the right to disconnect any website or server deemed to present a security threat to TMG’s customers, servers, or network.
5. TMG makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. TMG also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of TMG is at the Customer’s own risk, and TMG specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end-to-end bandwidth. TMG expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
6. TMG specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, TMG may, at its option and at any time, reject this material, including but not limited to after it has been put on TMG’s Server. TMG agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of TMG. If the Customer fails to modify the material, as directed by TMG, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
7. All domain names registered through TMG or its previous domain registration site, domainitron.com, that are ‘parked’ or are otherwise not immediately associated with a TMG hosting plan will be automatically pointed to a “Coming Soon” web page which informs visitors that the registrant has recently registered their domain name via TMG.com. The Coming Soon web page may be modified at any time by TMG without prior notice to you and may include such things as, without limitation, links to additional products and services offered by TMG.
TRADEMARKS & COPYRIGHTS
1. Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.
1. The Marcom Group Incorporated (TMG) is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, TMG’s Web Hosting, or TMG’s upstream providers.
2. Customer agrees that hosting payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue service with TMG mid-way through the term.
3. For managed servers, TMG is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of debian packages that come installed with the server). TMG may take any steps it deems necessary at any time to protect the security of the hosting servers (this generally includes applying security patches as well upgrading the entire operating system).
1. Customer expressly agrees that use of The Marcom Group Incorporated (TMG) Web Hosting’s Server is at Customer’s sole risk. Neither TMG, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that TMG’S service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through TMG’s service, unless otherwise expressly stated in this contract.
2. Under no circumstances, including negligence, shall TMG, its offices, agents or any one else involved in creating, producing or distributing TMG Web Hosting’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the TMG Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to TMG Web Hosting’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on TMG Web Hosting’s Server service.
3. Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
Customer agrees that it shall defend, indemnify, save and hold TMG harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against TMG, its agents, its customers, servants 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 TMG against Liabilities arising out of
1. any injury to person or property caused by any products sold or otherwise distributed in connection with TMG’S Web Hosting’s Server;
2. any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright infringement;
4. any defective product which Customer sold on TMG’s Hosting Server.