All users agree to this online contract by submitting their order.  This Service Agreement is for hosting and domain name registration, NOT for web site design services which is handled separately. Amendments to this agreement will be posted on this site. Please read the agreement carefully.  If you have any questions, please contact us.

Activities not allowed that may result in termination of the contract without refund:

• Transmit, distribute, store, advertise, link to, or make available any images, language, or ideas containing sexually explicit or implicit subject matter!

• Engaging , advertising, participating in the sending of Unsolicited Email.

INTERNET SERVICE AGREEMENT

2Macs Web Design and Hosting Inc., hereafter 2Macs, will host a Virtual Web Server Internet account for ______ , hereafter referred to as the Account Holder, for the domain name(s),                  , this service will start on             ,          , and will continue to renew automatically until notice of cancellation is received. Under penalty of perjury, Account Holder affirms that all provided contact information is accurate, and that he/she is of contractual capacity under the laws of the United States of America. Account Holder agrees to the following terms and conditions of this Service Agreement. The Account Holder will have a 30 day trial period where he/she may cancel services and receive a refund of any moneys pre-paid for this service (set-up, domain registration, license fees and processing fees not included). After 30 days 2Macs reserves the right not to refund any of the amount paid.

1. The Virtual Web Server Internet Account and related electronic services may be used for legal purposes only. Any violations consistent with existing international, federal, state and locals laws will be grounds for an immediate termination of service. This includes any and all forms of gambling. Transmission, distribution or storage of any material in violation of international, federal, state and local laws is prohibited and will be grounds for an immediate termination of service. This includes, but is not limited to, material protected by: copyright, trademark, patent, and/or trade secret or other intellectual property right use without proper authorization.
    
2. 2Macs does not support or allow programs or scripts that attempt to open unauthorized ports or circumvent any of the various accounting systems in place. This includes, but is not limited to, IRC, bots, sniffers, and scanners. Ports are filtered at the firewall level and such programs will not function.
    
3. Engaging , advertising, participating in the sending of Unsolicited Email is explicitly prohibited on 2Macs’ servers. 2Macs defines Unsolicited Email as using any computer or electronic device to send an unsolicited advertisement or electronic mail to an electronic mail address of an individual with whom such person lacks a preexisting and ongoing business or personal relationship unless said individual provides express invitation or consent/permission. Violators of the aforementioned policy are subject to account(s)/service(s) termination, without any refunds.
    
4. The Account Holder agrees not to transmit, distribute, store, advertise, link to, or make available any images, language, or ideas containing sexually explicit or implicit subject matter. 2Macs reserves the right to make a final determination in any dispute involving sexually explicit or implicit subject matter. The first occurrence of a violation of this provision will result in a halt of services to the Account Holder. Any occurrence thereafter of a violation of the aforementioned provision will result in a termination of account(s)/service(s), without any refunds.
    
5. Payment shall be made in US dollars to 2Macs Web Design and Hosting, Inc. Payments are due upon purchase of service and/or presentation of invoice. If any fees or charges imposed by the bank for any reason result in 2Macs receiving less than the invoice amount, 2Macs will re-invoice Account Holder for the difference. If 2Macs does not receive payment in full of any invoice (with the exception of bank fees and charges) within 15 days, then the Account Holder accepts that 2Macs will suspend service(s) with the Account Holder until such time as payments are made. Payments in full of any invoice, with the exception of the aforementioned provision, not received within 30 days will result in a termination of service(s) to Account Holder. Web hosting plans are paid in full for a specific contracted term and refunds will not be issued after the initial 30 day trial. Web hosting services (excluding domain name registration) renew automatically and must be cancelled via http://www.2macswebdesign.com/cancelformsubmit.htm to discontinue service and billing. An Account Holder must cancel within 10 days of the renewal date to receive a refund. Domain name registration and set up fees are non-refundable.
    
6. Refunds do not apply to accounts terminated for inappropriate, illegal content or for any other breach of our acceptable use policy. Refund will not include any over-quota charges or any premium service that you have requested from us, this includes but is not limited to domain registration. In the event of a free domain name being offered with a package, if you cancel our services within 30 days the refund will exclude the cost of registering the domain name at our current prices. Guarantee period applies from the moment you sign up for our service and lasts for 30 days, subsequent sign ups from the same domain name / account / household / e-mail will not qualify for this guarantee. Site package upgrades/downgrades are assumed to have already evaluated our services and are excluded from this guarantee. Money back guarantee only applies in the event that 2Macs fail to provide the services advertised at time of signup. Notification must be made within 30 days by opening a support ticket and directing it to our billing department. Refunds will only be made in accordance with our 30 day money-back guarantee. After this time period has expired, no refunds will be made. All refunds are at the discretion of 2Macs.
   
    
7. The Account Holder understands that Virtual Web Server Internet accounts are provided by 2Macs on a shared server. Accordingly, the Account Holder’s web site and services will be shared with other customers’ web site and services on the same server. The Account Holder understands that poorly written CGI and Perl scripts consume a vast amount of 2Macs system resources. For this reason, 2Macs will allow the Account Holder to maintain a maximum of 1000 CPU seconds each day. This policy will be strictly monitored and enforced by 2Macs system administrators. If Account Holder is found to be in violation of this provision, 2Macs system administrators have the authority to shut down any and all scripts responsible for the violation. If any damages result from a violation of this provision, 2Macs has the can and will to seek recovery for said damages.
    
8. The Account Holder agrees that bandwidth limits are based on the package purchased as specified on the 2Macs Features Page.
    
9. The Account Holder understands that 2Macs attempts to maintain service to its customers 100% of the time. The Account Holder also understands that there are certain problems that can and will occur due to the nature and structure of the Internet. The Account Holder agrees to hold 2Macs harmless in the event of any such occurrence where service becomes impaired or suspended for an indefinite period of time resulting in the loss of revenue, service(s), or customer(s). There are such circumstances that can and will happen beyond the control of 2Macs and the Account Holder understand this and holds this to be factual.
    
10. Full backups are made of the content on our servers on a regular basis. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their account content and any important information. If loss of data occurs due to an error of 2Macs, 2Macs will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account, by an action of the client or any other third-party, 2Macs reserve the right to charge an administrative fee for restoration of data. The client is fully responsible for obtaining any required insurance cover to protect against any possible loss of data held on our servers. Please note that our backups exclude certain file types, including but not limited to .log, .cab, .exe, .zip and .tar.
     
11. Fraudulent chargeback's are illegal and all chargeback's will be sent to the account holders credit card company with proof of service. 2Macs reserves the right to charged a minimum amount of $100.00 for filing a fraudulent chargeback. This is our administration charge for handling the chargeback. All fees accrued from fraudulent chargeback's will be turned over to a collection agency and this may affect your credit rating. We take chargeback's seriously and will not tolerate fraudulent chargeback's. We record all IP's for possible proof to a credit card company along with all logs of use. Limitation of Liability.
     
12. Account Information: Correct contact information is required at the time of signup and we reserve the right to have a third party verification service verify these details. If this information is incorrect or cannot be verified, we may request
    additional information from you to verify your details. This is to protect you and 2Macs. If this contact information cannot be verified, the account will be deemed as fraudulent and will be cancelled immediately. Due to the costs associated with this process including any third party verification service, any accounts deemed as fraudulent may not be entitled to a refund at our sole discretion.
     
13. All cancellation requests must be submitted from within your control panel account or by submitting our Cancel Request form here, http://www.2macswebdesign.com/cancelformsubmit.htm. You may cancel at anytime. In the event of a cancellation request being received by 2Macs, unless requested otherwise cancellation will take place immediately. Notification of cancellation must be received at least ten business days prior to your cycle date, with the
    cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Client's Responsibility to secure confirmation from 2Macs that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. Cancellation results in all data under the affected account(s) being removed and this is non-reversible, due to this you must ensure you have a backup of your files before requesting cancellation. The latest future date that can be submitted for cancellation is the day that your current payment period expires. No prepaid funds will be refunded in event of requested cancellation before the current payment term expires. If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations. This section does not affect our 30 day money-back guarantee.
     
14. To maintain the highest level of security and performance, from time to time it is necessary that 2Macs perform maintenance on our network or servers. 2Macs aim to provide sufficient notice of any scheduled work, however please note that this is not always possible nor guaranteed in any way. Notice of such maintenance will be posted in the 2Macs community forums and/or through direct email and it is the responsibility of the client to ensure that they are up to date with any announcements made. It is the client's responsibility to ensure that they have checked to ensure that any current issues are not caused as a result of maintenance before submitting a support request.
     
15. Limitation of Liability. 2Macs shall not be responsible for any claimed damages, including incidental and consequential damages, other than that permitted by our Service Level Agreement, which may arise from 2Macs servers going off-line or being unavailable for any reason whatsoever. Further, 2Macs shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any complete or partial web site from one of 2Macs servers. Where permitted by law, 2Macs' maximum liability to the client under all circumstances relating to 2Macs' provision of the service will be equal to the fees paid by the client for the service giving rise to the claim. In the event that the law does not allow the exclusion or limitation of liability for consequential or incidental damages, in such circumstances 2Macs' liability is limited to the extent permitted by law. 2Macs shall be the sole arbiter of what is and is not a violation of these acceptable use policies. 2Macs reserves the right to terminate an account at any time and for any reason that causes harm to any 2Macs customer's web sites or the company. 2Macs reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. 2Macs reserves the right to refuse, cancel, or suspend service at our sole discretion.
     
16. 2Macs owns all right, title and interest in 2Macs trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how related to the design, function, and provisions of services by 2Macs, and in the related hardware and software systems. 2Macs makes no claims to any trade names, service marks, inventions, copyrights, trade secrets, patents, or know-how acquired without infringing 2Macs rights and used by Account Holder to promote and provide services to Account holder’s customers. This agreement does not constitute a license to the Account Holder to use 2Macs trade names or service marks.
     
17. The Account Holder acknowledges that by reason of its relationship with 2Macs, it may have access to certain information and materials relating to 2Macs business, services, customers, software technology, and marketing strategies that is confidential and of substantial value to 2Macs. The Account Holder agrees not to disclose any of the above information to any third party. The provisions of this section shall survive the termination of the agreement for any reason.
     
18. Under section 230 of the CDA (47 U.S.C. sec. 230), 2Macs "shall not be treated as the publisher or speaker of any information provided by another information content provider." 2Macs is not liable in any way for any tortuous statements made on it’s servers to any third party.
     
19. This Agreement constitutes the entire agreement between parties and supersedes all prior understanding and agreements concerning the services and shall not be modified or altered by written instrument duly executed by the parties. Should any provision of this Agreement be held by a court of law to be illegal, invalid, or unenforceable, the legality, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
     
20. Account Holder understands that 2Macs servers are not Bulk Email servers and that 2Macs can not allow an excessive volume of mail which can hinder the performance of the server for other users. A violation of this or any other paragraph is cause for termination of services without refunds.
     
21. Account Holder understands that unlimited e-mail accounts associated with a website may not be sold or given away to parties other than those with an interest in the business represented by that website.
     
22. 2Macs reserves the right to terminate a contract at any time and return any unused funds.
     
23. Account Holder agrees to abide to any updated modifications or additions of this agreement as posted at our Service Agreement.
     
24. Domain registrations are not automatically renewed. The domain registrant or other domain contact is responsible for renewing a domain registration with the corresponding domain registrar. A domain registration registered with 2Macs will be renewed upon request and receipt of money due for renewal service.
    2Macs is not responsible for the loss of a domain registration due to unlawful conduct, expiration, or transfer. 2Macs has procedures in place to assist domain customers with domain record updates. Update requests will be accepted only from the registrant or administrative contact on a domain record. Signature and picture identification are required. 2Macs also adheres to lock domain procedures to aid in protecting the domain from an unauthorized transfer. Once a domain is registered to a customer, the domain registration record must be kept current by the domain registrant. Domain expiration notification is emailed to customers as a courtesy. 2Macs is not responsible if domain expiration notices are not received by the domain contacts.
25. DOMAIN NAME OWNERSHIP UPON DELINQUENCY: Upon removal of an account due to a past due balance, any and all domain names associated with the account may become the property of 2Macs. Domain names will then be used at 2Macs' discretion, as a domain alias for a 2Macs-owned website and/or resold to an interested third party through the 2Macs Domain Resale Program. Domain names can be returned to the original owner only in exchange for full payment of all past due amounts within 10 days of account removal.
26. UNSOLICITED EMAILS (“SPAM”) Engaging, advertising, and/or participating in the sending of unsolicited email is expressly prohibited on all 2Macs’ servers. Unsolicited email is defined as using any computer or electronic device to send unsolicited advertisement(s) or electronic mail to an electronic mail address of an individual with whom such person lacks a pre-existing and ongoing personal or business relationship, unless said individual provides express invitation and/or permission. Violators of this policy are subject to having their account(s) terminated without notice or refund.
27. BULK EMAILS: 2Macs servers are not designed for the needs of bulk emailing. Account Holder shall not participate in any bulk mailing practice that involves the reduction of server resources for other customers. Violators of this policy are subject to having their account(s) terminated without notice or refund.
28. PROHIBITION ON EMAIL RESALE: Email accounts associated with an account may not be sold or given away to parties other than those with an interest in the business represented by that account.
29. This agreement is accepted by the Account Holder by submission of an order for services with 2Macs and the Account Holder agrees to fully abide by all terms, conditions, rules, and regulations as described above. The Account Holder also acknowledges, under the penalty of perjury, that Account Holder’s identification is accurate and correct. Finally, Account Holder acknowledges that he/she is of contractual capacity under the laws of the United States of America.
30. Account Holder agrees to abide by any updates made to this agreement, as posted at http://www.2macswebdesign.com/service_agreement.htm .
     

Updated: March 2, 2007

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