HOSTING SERVICE AGREEMENT (Account Holder Agreement)
MyMall Technology Network, hereafter MyMall, will host a Virtual Web Server Internet Account for: (enter your name or company name) hereafter referred to as the Account Holder, for the domain name which service will start on Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Day 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 11 22 23 24 25 26 27 28 29 30 31 Year 2001 2002 2003 2004 2005 , and last 12 months. It will be automatically renewed upon payment. The Account Holder agrees to the following terms and conditions of this Service Agreement. The Account Holder will be given a 30-day money back guarantee on the Virtual Web Server.
Cost for hosting service: $ per Month Year
Account Holder's Email address
Terms and Conditions 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 or local laws (including spam email related activities) will be grounds for an immediate termination of service with no refund. This includes any and all forms of gambling. Transmission, distribution or storage of any material in violation of international, federal, state or 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) Engaging, advertising, and/or participating in the sending of Unsolicited Email or sales of software necessary to administer such activity is explicitly prohibited on MyMall's servers. Activity of this nature is also prohibited by MyMall's connectivity providers. As such, MyMall receives complaints from Providers and customers and investigates such complaints. If the Account Holder is found in violation of this regulations or threatens MyMall's connectivity and Business reputation through actions related to participating in Unsolicited Email, Account Holder's Virtual Web Server Internet Account will be terminated immediately without notice and without refund. If customer requests restoration of services after termination has been executed, for purposes of obtaining files for transfer only, Account Holder agrees to submit payment in the amount of $200.00 for such restoration. 3) The Account Holder understands that MyMall's servers are not Bulk Email servers and that MyMall cannot allow an excessive volume of mail which can hinder the performance of the server for other account holders. If Account Holder should abuse the use of his account to send such email, MyMall will interrupt the site and submit, to the Account Holder, an invoice for costs involved in recovering from such previous to the Virtual Web Server Internet Account being reactivated. 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, and/or immoral and/or racist matters. MyMall reserves the right to make a final determination in any dispute involving that type of subject matter. The first occurrence of a violation of this provision will result in a suspension of services to the Account Holder, providing such time for removal of subject material. MyMall reserves the right to halt services, for a violation of this provision, with or without notice. Any occurrence thereafter of a violation of the aforementioned provision will result in a termination, without notice and without any refunds. If customer requests restoration of services after termination has been executed, Account Holder agrees to submit payment in the amount of $200.00 for such restoration. 5) Account Holder / Re-Seller shall have no power, right or authority to execute any contract on behalf of MyMall or bind MyMall to any agreement, matter or case, including any MyMall Master Service Agreement. 6) Payment shall be made in US dollars to MyMall. All accounts will be automatically charged for renewals with payment information as provided in original order. If MyMall does not receive payment in full of any invoice (with the exception of bank fees and charges) within 10 days, then the Account Holder accepts that MyMall will interrupt service(s) with the Account until such payment is made in full. 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. If customer requests restoration of services after termination has been executed, Account Holder agrees to submit payment in the amount of $200.00 for such restoration. 7) The Account Holder understands that Virtual Web Server Internet accounts are provided by MyMall on a shared server. Accordingly, the Account Holder's web site and services will be shared with other customers' web sites and services on the same server. The Account Holder understands that poorly written CGI and Perl scripts consume a vast amount of MyMall's system resources. For this reason, MyMall will allow the Account Holder to maintain a maximum of 1000 CPU seconds each day. This policy will be strictly monitored and enforced by MyMall's system administrators. If Account Holder is found to be in violation of this provision, MyMall's system administrators have the authority to shut down any and all scripts responsible for the violation. If any damage to MyMall's systems results from a violation of this provision, MyMall can and will seek recovery for said damages. 8) The Account Holder agrees that MyMall has a monthly bandwidth limit per each account. If the Account Holder exceeds this limit, he/she will be subject to a charge equivalent to the amount exceeded. The charge will be based on $ 0.10 per Megabytes over the monthly limit. Charges for exceeding bandwidth are due within 15 days of presentation of invoice. Failure to pay invoice, after 15 days, will result in suspension of service(s) until such amount is paid in full. 9) The Account Holder understands that any account of MyMall has a defined storage space associated with the domain package. If the Account Holder exceeds the defined storage space limit, he/she will be invoiced for such overages. Chronic neglect of disk overage notices and failure to submit payment for overages within 15 days of invoice date, will result in suspension of service(s) until the account is brought within the storage space limit or the invoice has been paid. 10) The Account Holder understands that MyMall attempts to maintain service to its customers 100% of the time. The Account Holder also understands that there are certain problems that are beyond the control of MyMall. The Account Holder agrees that MyMall will have no liability exceeding the cost of the Virtual Web Server Internet Account to the Account Holder 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 MyMall and the Account Holder understand this and holds this to be factual. Account Holder agrees that MyMall shall not issue refunds for any occurrences which are outside of MyMall's control. 11) MyMall owns all right, title and interest in MyMall's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how related to the design, function and provision of services by MyMall, and in the related hardware and software systems. MyMall makes no claims to any trade names, service marks, inventions, copyrights, trade secrets, patents, or know-how acquired without infringing MyMall's rights and used by Account Holder to promote and provide services to Account Holder's customers. 12) MyMall's trade names, service marks, inventions, copyrights, trade secrets, patents, and logos may not be copied or linked to by the Account Holder. A violation of this provision will result in a suspension of services until the material in question is removed from the web page. 13) The Account Holder acknowledges that by reason of its relationship with MyMall, it may have access to certain information and materials relating to MyMall's business, services, customers, software technology, and marketing strategies that is confidential and of substantial value to MyMall. The Account Holder agrees not to disclose any of the above information to any third party. The provisions of this section shall survive this termination of the agreement for any reason. 14) Under section 230 of the CDA (47 U.S.C. sec. 230), MyMall "shall not be treated as the publisher or speaker of any information provided by another information content provider." MyMall is not liable in any way for any tortuous statements made on it's servers to any third party. 15) This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings and agreements concerning the services and shall not be modified or altered, except by a 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. 16) The Account Holder receives, with their Virtual Web Server Internet Account, a 30-day money-back guarantee, less setup fees where applicable. There are no other refunds given. Please allow 3-4 weeks for processing of refunds. The Account Holder agrees to fully abide by all terms, conditions, rules, and regulations as described above. The Account Holder also acknowledges 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 state in which account holder resides. By clicking on the "I Accept" button, you are accepting the terms and conditions in this Service Agreement as provided. This will be the binding contract between MyMall and the Account Holder. If you do not agree to these terms and conditions you can choose to click the "I Refuse" button.
If using the hard copy of this agreement, please use the following signature block:
Account Holder
MyMall Technology Network
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