Web Hosting Services
Terms and Conditions
1. Introduction
a) Thank You for choosing M.J. DuChene & Associates (“We”, “Our”, “Us”)
as Your Web Hosting Service (the “Service”). The following items are terms and
conditions (“T&C’s”) of the Service.
b) As a User of the Service, You agree to be bound by the following T&C’s.
c) If You do not want to be bound by these T&C’s, do not use the Service.
d) We want the T&C’s to meet Your needs and the needs of our other Users
and we expect that these T&C’s will evolve over time. Continued use of the
Service by You or Your Users will constitute acceptance of any changes to the
T&C’s.
e) “User” or “Users” includes, but is not limited to, any person, customer,
or entity accessing or attempting to access the Service.
2. Order Acceptance
a) All orders for service are subject to acceptance by Us.
b) We reserve the right to refuse any order for activation or renewal.
c) You agree to pay all charges for the Service selected by You during registration,
including all fees, additional product charges, any applicable taxes, and optional
charges incurred by You.
3. Payment Policy
a) Payments for the Service will be made in U.S. dollars.
b) The billing cycle will begin on the 1st or 15th
day of the month and will last for a period of 3 months.
c) The initial payment is due upon account activation.
d) Renewal payments are due before the beginning of the next billing cycle.
e) If a payment in full of any invoice is not received by Us by the due date,
We may cancel, withhold, or suspend Service.
4. Refund, Termination, and Cancellation Policies
a) "Termination" occurs when either party pursuant to a power created
by agreement or law puts an end to the contract otherwise than for its breach.
On "termination” all obligations which are still executory on both sides
are discharged but any right based on prior breach or performance survives.
b) "Cancellation" occurs when either party puts an end to the contract
for breach by the other and its effect is the same as that of "termination"
except that the cancelling party also retains any remedy for breach of the whole
contract or any unperformed balance.
c) You may terminate Service at any time.
d) Service termination must be received in writing. Regular mail and fax
notifications are acceptable. Telephone terminations do not constitute notification.
e) Startup fees, product charges, taxes, optional charges, and overages are
non-refundable.
f) If We are notified of Your intent to terminate Service within the first
15 days following activation of Service, We will refund the full amount paid,
less any non-refundable charges.
g) If We are notified of Your intent to terminate Service within the first
15 days following renewal of Service, We will refund 25% of the amount paid,
less any non-refundable charges.
h) Terminations after the first 15 days following activation or renewal of
Service are not subject to refund.
i) Late payments are not subject to refund.
j) Cancellations of Service are not subject to refund.
k) Before terminations or cancellations of Service, You are responsible to
remove Your Web Site and/or any stored data from the Service. We are not responsible for making backups of Your data and We will not be
responsible for damages of any kind arising out of loss of data due to account
termination or cancellation.
l) Upon termination or cancellation of the Service, any resources relating
to Your use of the Service, including but not limited to data stored on the Service
and domain name services, will no longer be accessible by You.
5. Acceptable Use
a) In order to provide high quality, reliable Service to our customers, We
will impose an Acceptable Uses policy regarding Your use of this Service.
b) You must be at least 18 years of age to purchase our hosting services.
c) You may not use the Service for any illegal purposes, including but not
limited to activities such as unauthorized distribution or copying of copyrighted
materials or software, violation of U.S. export restrictions, harassment, fraud,
trafficking of obscene material, drug dealing, and other illegal activities.
d) You may not use the Service to abuse the Internet, including but not limited
to activities such as using a non-existent return email address on a commercial
solicitation, spamming (sending unsolicited advertising to numerous email addresses
or newsgroups and/or generating a significantly higher volume of outgoing email
than a normal user or sending advertising to email addresses or newsgroups without giving the receiver(s) the ability to stop such sendings), mail-bombing (sending multiple messages without significant
new content to the same user), or attempting without authorization to enter into
a secured computer system. We reserve the right to determine what constitutes
abuse of the Internet.
e) You may not use the Service for tortious conduct, including but not limited
to activities such as posting of defamatory, libelous, or private information
about a person without their consent, intentionally inflicting emotional distress,
or violating trademarks, copyrights, or other intellectual property rights.
f) You may not misuse the system resources of the Service, including but
not limited to activities such as employing posts or programs which consume excessive
CPU time or storage space.
6. Ownership
a) We will retain ownership of all hardware systems, software systems, and
resources, including, but not limited, to data storage systems and their contents.
b) You will retain ownership of the copyright interest of the content of
Your Web Site.
7. Limitation of Obligations and Liability
a) The Service is provided “as is” and “with all faults”.
b) We reserve the right to terminate Service at any time.
c) M.J. DuChene & Associates makes absolutely no warranties of any kind,
whether express or implied, and disclaims any warranty of title, merchantability,
non-infringement or fitness for a particular purpose.
d) We cannot guarantee continuous Service, Service at any particular time,
or the integrity of any data stored or transmitted via Our systems or via the
Internet.
e) We will not be held liable for the inadvertent disclosure of, or corruption
or erasure of, any data transmitted, received, or stored on Our systems.
f) We will not be held liable to You or any of Your Users for any claims
or damages which may be suffered by You or Your Users, including, but not limited
to, inability to transmit, receive, or store information, whether or not caused
by, or resulting from, delays, non-delivery, or Service interruptions, whether
or not caused by the fault or negligence of M.J. DuChene & Associates.
g) Our liability to You and any other User of the Service is limited to the
amount paid to and received by Us for Service not accepted, as outlined in Section
4 (“Refund, Termination, and Cancellation Policies”) of these T&C’s.
h) In no event will We be liable to You, or any other User of the Service,
for any amount greater than what is set forth in these T&C’s.
i) In no event will M.J. DuChene & Associates be liable to You, or any
other User or entity for any special, incidental, consequential, or other damages,
however caused, whether for breach of contract, negligence or otherwise, even
if M.J. DuChene & Associates has been advised of the possibility of such
damages.
j) You will take all necessary measures to preclude M.J. DuChene & Associates
from being made a party to any lawsuit or claim regarding the Service or use
of the Service provided to You, any other User, or entity.
k) In the event that M.J. DuChene & Associates is made a party to a lawsuit
or claim, arising out of your use of the Service. You agree to pay attorney
fees and court fees arising from such lawsuit or claim.
l) You hereby agree to indemnify and hold harmless M.J. DuChene & Associates
from any and all claims of whatever nature.
m) M.J. DuChene & Associates exercises no control over, and accepts no
responsibility for, the content of information passing through the Service.
n) In no event will M.J. DuChene & Associates be liable for any information
transmitted, received, or stored on Your behalf.
8. Assignment
a) Your rights and obligations under these T&C’s may not be transferred
or assigned directly or indirectly without the prior written consent of Us.
b) These T&C’s may be assigned to another party by Us.
9. Partial Invalidity
a) If any provision of these T&C’s is held to be invalid by a court of
competent jurisdiction, then the remaining provisions will nevertheless remain
in full force and effect.
10. Applicable Law and Jurisdictional Matters
a) These T&C’s are governed by and construed under the laws of the State
of Michigan and the United States of America. The federal and state courts of
the State of Michigan will have exclusive jurisdiction to adjudicate any dispute
arising out of this Agreement.
11. Modifications
a) These T&C’s sets forth the entire Agreement and understanding between
the parties and supersedes all previous and contemporaneous written and oral
representations, understandings or agreements related to the subject matter herein
and shall prevail notwithstanding any variance with terms and conditions of any
order submitted.
b) Utilization of the Service by You or Your Users following the effective
date of any change or modification of these T&C’s will constitute acceptance
by You of such change(s).
