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1. INTRODUCTION.
TheMACisp provides its Website Hosting services, as they may exist from time to time ("Services"), to users who pay a monthly service fee to subscribe to the Services ("Members"). By establishing an account, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies.
If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 12.
2. SUBSCRIPTION REQUIREMENTS.
Members must be at least 18 years old. Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. TheMACisp is not responsible for any long-distance, toll or other telecommunications charges you incur. Current prices for TheMACisp Services are posted throughout our website at http://www.TheMACisp.net. These rates may also be obtained by calling (800) 307-0663. TheMACisp reserves the right to change prices and institute new fees at any time.
3. PAYMENT OBLIGATIONS OF A MEMBER.
(a) Members must (i) provide TheMACisp with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to TheMACisp all changes to this information within five (5) days of the change. Members are responsible for any charges to their account.
(b) Members having questions regarding charges to an account, should contact TheMACisp's Billing Department at (800) 307-0663. All charges are automatically billed to the members credit card on the day of signup and each monthly anniversary from that point on until the account is cancelled. Accounts cancel on the next monthly anniversary day only, regardless of when the cancellation order was placed. There are no partial refunds.
(c) TheMACisp is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by TheMACisp.
4. ACCOUNT, PASSWORD, AND SECURITY.
You must keep your password confidential so that no one else may access the Services through your account. Sharing your account is prohibited, your account is for your exclusive use only. You must notify TheMACisp immediately upon discovering any unauthorized use of your account.
5. EXTENT OF USE.
Websites and programming code hosted by TheMACisp must observe the following restrictions.
(a) No pornographic, profane and/or obscene material.
(b) No programs designed to breach or otherwise gain unauthorized access to other systems and networks including but no limited to: password crackers, port sniffers/mappers, worms, trojans-horses or viruses of any kind.
(c) No web traffic redirection pages used as part of a redirection cluster, banner advertising servers and other such marketing mechanisms which can be used in a misleading or deceptive manner.
(d) No registered or copyrighted materials other than those materials which you either own or which you have secured the legal right to use.
(e) No materials prohibited by the Federal Communications Commission, or the United States Department of Justice including but not limited to the Federal Bureau of Investigation, Central Intelligence Agency and Department of Homeland Security.
Any violations will be considered a breach of this agreement and will result in the immediate cancellation of all services without warning.
6. EMAIL USE AND SPAM.
Email accounts exceeding 10MB in size may, at TheMACisp's discretion, be transferred to a compressed temporary file or storage. TheMACisp may delete the temporary file from the server afer 60 days. Email must be downloaded each time mail is fetched and not stored on the email server. TheMACisp is not responsible for any email that is lost.
Using a TheMACisp account for high volume or commercial use (e.g., SPAM, revenue generation, advertising, etc.) is prohibited. Tampering with the return address or route report on an email message or Usenet newsgroup is prohibited. Anonymous transmission of any sort is prohibited.
SPAM is defined as any unwanted and unsolicited transmission of data through email and usenet newsgroups. It includes but is not limited to: advertisements for goods or services, chain letters and multi-level marketing, off topic postings to mailing lists or newsgroups, any message sent to more than 5 newsgroups or 3 listservs.
Any violations will be considered a breach of this agreement and will result in the immediate cancellation of all services without warning.
7. AVAILABILITY OF THE SERVICES
TheMACisp may change its POP numbers at any time. TheMACisp reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and email addresses are TheMACisp's property and TheMACisp may alter or replace them at any time.
8. MONITORING THE SERVICES.
TheMACisp has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if TheMACisp, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. TheMACisp may immediately remove your material or information from TheMACisp's servers, in whole or in part, which TheMACisp, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy.
9. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY THEMACISP, THEMACISP DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. THEMACISP HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING 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.
THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. THEMACISP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEMACISP MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THEMACISP OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY THEMACISP OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. THEMACISP AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, THEMACISP'S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE MONTH PERIOD.
10. WEB SITE USAGE.
Our site on the World Wide Web with its home pages in the domain TheMACisp.net or any other site operated by So What Software, Inc. (the "Web site") is a complimentary information service offered by So What Software, Inc. at no charge to users.
We may provide links on the Web site to other Web sites which are not under our control. In general, any Web site which has an address (or URL) which does not contain TheMACisp.net is such a Web site. These links are provided for convenience only and are not intended as an endorsement by So What Software, Inc. of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.
You may provide a hypertext link to our Web site on another Web site, provided that:
(a) the link must be clearly marked "TheMACisp",
(b) the link must "point" to the URL "http://www.themacisp.net" and not to any other pages within the Web site,
(c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s),
(d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by TheMACisp ,
(e) the link, when activated by a user, must display this Web site full-screen and not within a "frame" on the linked Web site, and
(f) So What Software, Inc. may, in its sole discretion, revoke consent to link to our website at any time. All other hypertext links to the Web site must be approved in writing by So What Software, Inc..
11. TERM OF AGREEMENT.
Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services by terminating your account.
12. TERMINATION.
You may terminate your account at any time and for any reason by providing notice of intent to terminate to TheMACisp by: Telephone call to TheMACisp Billing at (800) 307-0663 or email billing@themacisp.net, (make sure to include your username for account identification purposes). TheMACisp may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if TheMACisp, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies. TheMACisp will provide a termination notice to you by: email addressed to your email account. All notices to you shall be deemed effective immediately.
Sections 3, 9, 10, and 12 of this Agreement shall survive termination of this Agreement.
13. JURISDICTION.
Under California Civil Code Section 1789.3, Members who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 916.445.1254.
14. MISCELLANEOUS.
This Agreement, the Acceptable Use Policy, the Privacy Policy, and TheMACisp's other user policies posted on TheMACisp's Web site constitute the entire agreement between you and TheMACisp with respect to your use of the Services.
TheMACisp may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner without prior notice.
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Service Agreements
