Small Business Web Hosting - MateMedia Inc.

Small Business Web Hosting - MateMedia Inc.

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Web Hosting Terms of Service

The Web Hosting Terms of Service is an agreement between MateMedia, Inc. and any user or visitor who accesses Web Hosting services, in any way, offered by MateMedia, Inc. and desires to purchase the Web Hosting services as outlined in this website.

Before continuing to use the services we offer, you must accept the terms stated below. If you disagree with any part of the Terms of Service, you disagree to its entirety and you may not purchase our Web Hosting services.

If you do not agree to the Terms of Service and you proceed to purchase Web Hosting services, you release all ownership to published content, you release MateMedia, Inc. from liability in any situation, you release MateMedia, Inc. from any responsibility to the purchase of Web Hosting services, whether technical, physical, financial or otherwise.

1. You, the purchaser of Web Hosting services, agree and acknowledge that MateMedia, Inc. may have unplanned and unpreventable downtime. MateMedia, Inc. makes no claim to 100% uptime.

2. The purchaser agrees and acknowledges MateMedia, Inc. to be free from all liability in relation to the Web Hosting services bought. MateMedia, Inc. will not be liable for downtime, loss of revenue, loss of data and/or any undesirable effects, which may arise from the use of services provided by MateMedia, Inc. In the event that purchaser requests that MateMedia, Inc. transfer and upload their website to a MateMedia, Inc. server, MateMedia, Inc. will not be held liable for any downtime, loss of revenue, loss of data and/or any undesirable effects, which may arise from the file transfer process. Additionally, MateMedia, Inc. will not be held liable for any downtime, loss of revenue, loss of data and/or any undesirable effects, which may arise from any modifications MateMedia, Inc. makes to purchaser's website files that are needed to make purchaser's website functional on a MateMedia, Inc. server. In the event that MateMedia, Inc. needs to move purchaser's website files from one server to another, MateMedia, Inc. will not be held liable for any downtime, loss of revenue, loss of data and/or any undesirable effects, which may arise from such a move.

3. The purchaser agrees and acknowledges that MateMedia, Inc. may choose to reject any site or domain name, which violates the Terms of Service in any way, shape or form. The domain name which the purchaser wishes to be hosted with Web Hosting services must meet the requirements of the Terms of Service , including, but not limited to, adult nature of the actual name or site, illegal content as stated in the name or published on the site.

4. The purchaser agrees and acknowledges that the domain name and site, which will be used with the Web Hosting services, meet the requirements of the Terms of Service.

5. The purchaser agrees and acknowledges that any set-up fees charged by MateMedia, Inc. is non-refundable under any circumstances. In no situation will set-up fees for Web Hosting services be refunded.

6. MateMedia, Inc. will not be responsible for content or data loss.   Backups are for convenience only. Users should at all times keep a copy of their web site on their own computer for backup purposes.

7. The purchaser will not attempt in any way to deny service or access to others using the Internet by such means as mail bombings, software pirating, or mass mailings.

8. The purchaser agrees to not use any illegal, offensive or pornographic material on the server. Use of this material will be grounds for termination of the customer's account.

9. MateMedia, Inc. claims the right to refuse service to any customer MateMedia, Inc. feels is in violation of any of the Terms of Service.

10. MateMedia, Inc. will not refund any purchaser whose account is terminated due to violation of any of the Terms of Service.

11. All services provided by MateMedia, Inc. must be used for lawful purposes only. The purchaser agrees to indemnify and hold harmless MateMedia, Inc. from any claims resulting from the use of services. The purchaser will ensure that its use of the Internet complies with all applicable federal, state and local law and regulation.

MateMedia, Inc., reserves the right to suspend or terminate, without notice, any account that either deliberately, or inadvertently harms or interferes with the normal operations of the server, or in any way harms or interferes with the normal operations of other shared accounts on the server.

12. In the event a purchaser does not pay his fees by the due date on their invoice, MateMedia, Inc. shall have the right to discontinue service. MateMedia, Inc. shall have the right to delete all files, information and mail under the account. MateMedia, Inc. has the option to charge purchaser a reactivation fee to renew a suspended or terminated account. Any account that is sent to collections is subject to a collection recovery fee amounting to 25% of the amount due. MateMedia, Inc. reserves the right to withhold all future services until the collection recovery fee is paid.

13. The purchaser certifies he or she is legally able to enter into contracts.

14. MateMedia, Inc. reserves the right to suspend services to the purchaser at any time, and for any reason with or without notice.

15. Charges for services under the agreement shall be in accordance with MateMedia, Inc. price schedule in effect at the time service is rendered. MateMedia, Inc. shall have the right to change its price schedule at any time. Notice of any changes to the price schedule will be sent by email notice to the purchaser.

16. There are no warranties, expressed or implied with respect to any all products and services. MateMedia, Inc. shall not be held liable by any party for the content of the information, data and materials stored or transmitted through its systems and shall not be held liable by any party for such content. Neither MateMedia, Inc. nor anyone else who has been involved in the creation, production, or delivery of this service will be liable for any direct, indirect, special, exemplary, consequential, or incidental damages (including damages for loss of business profits, business interpretation, loss of business information, and the like) arising out of the delivery, use of, or inability to use MateMedia, Inc. services, system, and or machines.  

17. This agreement shall prevail not withstanding any variance with terms and conditions of any order submitted. Use of MateMedia, Inc. services constitutes acceptance of the terms and conditions of this agreement.

18. Terms of payment for Web Hosting services are as follows: payment by personal or business check, or via MateMedia, Inc. I-Check online check payment system. Credit cards currently accepted are Visa & Mastercard via the PayPal system. Payment for first month(s) of service is payable in full in advance. Any applicable set-up fees are payable in full in advance. Purchaser will be invoiced for service on the last day of each month for payment due on the 15th day of the following month. Invoices are e-mailed unless otherwise specified. Purchaser is responsible for providing MateMedia, Inc. with a current e-mail address for invoicing purposes. If the e-mail address that we have been sending invoices to becomes invalid, or we receive an e-mail bounce, and we are not supplied a valid e-mail address to send you your invoice, we will suspend your service until we are provided a valid e-mail address in which to send you your invoice.

19. Free tech support is limited to issues that are directly related to purchaserís web hosting account. Support for other issues (but not limited to) such as HTML coding, uploading or downloading of files for the purchaser, troubleshooting purchasers website, adding new files to purchasers website and, configuring scripts, is available at an additional cost (see website maintenance) and is not covered within purchasers web hosting account. 

20. MateMedia, Inc. will communicate with one (1) assigned "person of record", when communicating with a client.

21. MateMedia, Inc. reserves the right to change, update and append this agreement as necessary without notice. By continuing to subscribe to, use, or pay for the services after we make any changes in the prices, charges, or terms of service, you agree to the changes.

22. If a check received by us for payment is returned for any reason, MateMedia, Inc. reserves the right to suspend or cancel service until the payment plus a $35.00 returned check fee, has been received by us. MateMedia, Inc. reserves the right to accept only US Postal money orders as payment if any check is returned for any reason.

23. All hosting account cancellations must be sent in writing by the 25th of any given month, to prevent your account from being billed for the following month, or billing period. You can send your account cancellation request by opening a support ticket at http://www.matemedia.net  Accounts that pay by subscription (automatic debit from your credit card account) have the ability to cancel their web hosting account subscription at any time by logging on to their PayPal account and cancelling their web hosting subscription. If your PayPal subscription fails, PayPal will attempt to renew your subscription, if they cannot renew your subscription, your subscription will be cancelled. MateMedia reserves the right to suspend or cancel your web hosting account when we receive notification from PayPal that your subscription has failed or been cancelled. Purchaser is completely responsible for monitoring their account renewal dates, to prevent their account from being billed for any unwanted service past the renewal date. 

24. When a late payment fee is included on your invoice, it must be paid on or before the due date noted on that invoice. Failure to pay late fee payments in full as indicated on your invoice may result in the immediate termination of your account without advance notice. If you have questions or disputes about late fee payment charges on your invoice, please contact us immediately. MateMedia, Inc. reserves the right to temporarily suspend customer and technical support for accounts with unpaid past due invoices. 

25. Additional bandwidth per account is billed at the rate of $10.00 per GB in 1GB increments.

26. Additional web storage  per account is billed at the rate of $10.00 per 100MB in 100MB increments.

27. MateMedia, Inc. does not prorate or otherwise refund any payments for prepaid services bought by purchaser. Account cancellations, suspensions or terminations by purchasers paying monthly for their service, will not be prorated or refunded any unused days.

28. 30-day money back guarantee will not be honored if services are used in excess of a plan's limits. For example, if your plan allows 10 GB of monthly transfer and you go over that limit within the 30-day period, no refund will be forthcoming, and you will also be billed for any applicable over limit usage fees.

29. Phone support is available only to Basic 20 Plan & Basic 40 Plan customers, multiple account holders, CSP/FSG customers and all account resellers. Basic 7 Plan customers are limited to email support only.

30. Account downgrades: A one-time setup fee of $150.00, payable in advance, will be applied to any customer choosing to downgrade their web hosting account.

31. CSP/FSG web hosting customers are provided with a CMS (content management system) to host & display their web content. No part of the CMS software is owned by CSP/FSG customers and the CMS is under the complete management of MateMedia, Inc.. The CMS system is not in any way permitted to be transferred to other servers except for migrations to other servers owned or leased by MateMedia, Inc., or their subsidiaries.  CSP/FSG customers are the sole owners of their content, including text and images, and any other content they may own. The CMS is provided conditionally on the basis of the CSP/FSG customer hosting their content with MateMedia,Inc.

32. If a dispute arises out of (or relates to) this Agreement, or the breach thereof, the Parties agree to submit said dispute to binding arbitration held in the state of New York and administered by the American Arbitration Association, in accordance with it's guidelines and rules, and the parties further agree that any judgment or award rendered by said arbitrators may be entered in any court having jurisdiction thereof.

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Small Business Web Hosting - MateMedia Inc.



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