This Services Agreement (the "Agreement") contains the complete
terms and conditions which govern your subscription of Web hosting,
e-Commerce and other Internet-related services provided by MadServe.com,
(the "Services"). As used in this Agreement, "MadServe.com"
means MadServe.com, and "Client", "you", or "your"
means you. By clicking on the "Submit Order" button, you
acknowledge that you have read the Agreement, and you agree to its
terms and conditions and all policies posted on the MadServe.com
This Agreement and MadServe.com's policies are subject to change
by MadServe.com without notice.
Continued usage of the Services after a change to this Agreement by
MadServe.com or after a new policy is implemented and posted on the
MadServe.com Site constitutes your acceptance of such change or policy.
We encourage you to regularly check the MadServe.com Site for any
changes or additions.
1. APPROPRIATE USE OF THE SERVICES:
MadServe.com provides the Services exclusively and makes no effort
to edit, control, monitor or restrict the content of data other
than as necessary to provide such Services.
2. PAYMENT OBLIGATIONS:
Where an invoice is delivered to Client, Client shall remit payment
to MadServe.com by no later than 7 days after the specified payment
due date. MadServe.com shall be entitled to immediately terminate
this Agreement or temporarily deny service for Client's failure
to make timely payments to MadServe.com.
3. REFUNDS AND DISPUTE:
Money Back Guarantee: Our virtual web hosting plans comes with a
14-day money back guarantee. You will receive a full refund excluding
the domain name registration fee. This term only applies if you
cancel your account within 14 days of its activation. All overcharges
or billing disputes must be reported within 60 days of the time
the dispute occurred.
4. TERM, TERMINATION & REINSTATEMENT:
Subject to the terms and conditions hereof, this Agreement shall
be effective on the date you register for the Services, and shall
continue in effect on a month-to-month basis unless otherwise specified
by separate agreement (the "Term"). Either party will
have the right to terminate this Agreement upon notice to the other
party. All cancellation requests must be received by the end of
the respective month of cancellation. Any other attempt by Client
to cancel this Agreement by written or e-mail notice shall be void.
5. DISCLAIMER OF WARRANTY:
The services, the MadServe.com site, including without limitation,
all products and services displayed or offered on the MadServe.com
site, and all text, graphics, links and applications are provided
to client on an 'AS IS' basis and without warranty of any kind.
MadServe.com disclaims all warranties, express or implied, with
respect to each of the foregoing, without limitation, any warranty
of merchantability, fitness for a particular purpose, non-infringement
or arising from a course of dealing. Without limiting the generality
of the foregoing, MadServe.com specifically disclaims any warranty
that (1) The services will be uninterrupted or error-free; (2) Defects
will be corrected; (3) There are no viruses or other harmful components;
and (4) The security methods employed will be sufficient.
6. LIMITATION OF LIABILITY:
Subscriber acknowledges that the service provided is of such a nature
that service can be interrupted for many reasons other than the
negligence of the company and that damages resulting from any interruption
of service are difficult to ascertain. Therefore, subscriber agrees
that the company shall not be liable for any damages arising from
such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for
its own negligence may not in any event exceed an amount equivalent
to charges payable by subscriber for services during the period
damages occurred. In no event shall the company be liable for any
special or consequential damages, loss or injury.
