Master Service Agreement for Data Storage and Transfer
All services that M3 provides to you , including any updates, enhancements, new features, and/or the addition of any new services are subject to the following Service Agreement Terms. M3 reserves the right to update these terms at any time without notice to you. The most current version can be reviewed by clicking the appropriate hypertext link located in the control panel menu.
WHEREAS, M3 is an information provider connected to the Internet. M3 offers storage and transfer services over the Internet through access to its Web Servers and/or network;
WHEREAS,
Client seeks to utilize M3's services for its own purposes;
WHEREAS,
the parties acknowledge that the Internet is neither owned nor controlled
by any one entity; therefore, M3 can make no guarantee that any given
reader shall be able to access M3's services at any given time. M3 represents
that it shall make every good faith effort to ensure that its server
is available as widely as possible and with as little service interruption
as possible;
NOW THEREFORE,
in consideration of the mutual promises contained herein, the parties
agree as follows;
2. Renewal fees for the following term will be automatically charged to the credit card on file for your account unless other arrangements have been made. Payments may also be made by check. Returned checks are subject to a $35.00 returned check fee.
3. Accounts that have unpaid invoices more than 30 days past the renewal date will be suspended without notice until the account is brought current. M3 reserves the right to terminate the account and delete the files. M3 reserves the right to apply a $35.00 reconnection fee to all suspended accounts. Suspension does NOT release client of the responsibility for payment of the account and monies due.
M3 does
not permit :
1)The transmission
of unsolicited bulk e-mail ("UBE") or unsolicited commercial
e-mail ("UCE") (collectively known as spam) nor do we permit
the use, sale, or development of software that intentionally hides or
alters the origin of the sender.
2) The
transmission of unsolicited bulk email thru a 3rd party where a website
hosted on m3 servers is referenced.
3) Maintaining an open SMTP Relay
4) Advertising, transmitting, or otherwise making available any software, program,
product, or service that is designed primarily to assist or facilitate
in the transmission of UBE/UCE including:
- the
facilitation of the sending of spam -
the sale, offer to sell, advertisement or distribution of spamware and
- the initiation of pinging, flooding, mailbombing, denial of service
attacks, and piracy of software
5) the sale of bulk e-mailing lists containing unauthorized and/or
unconfirmed e-mail addresses and
6) the sale of other spam-friendly material
2. Under
no circumstances, including negligence, shall M3, its officers, agents
or any one else involved in creating, producing, maintaining or distributing M3's
Server service be liable for any direct, indirect, incidental, special
or consequential damages that result from the use of or inability to
use the M3 Server service; or that results from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in operation,
or transmission or any failure of performance,whether or not limited
to acts of God, communication failure, theft,destruction or unauthorized
access to M3's records, programs or services. Client hereby acknowledges
that this paragraph shall apply to all content, files and backups on M3's servers, services and/or network.
3. Notwithstanding
the above, Client's exclusive remedies for all damages, losses and causes
of actions whether in contract, tort including negligence or otherwise,
shall not exceed the aggregate dollar amount which Client paid during
the previous 24 months of this Agreement and any reasonable attorney's fee and court
costs.
This
Agreement constitutes the entire understanding of the parties. Any
changes or modifications to this Contract thereto are agreed to by
the both parties upon renewal of services. |
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