managementserver
Terms Of Service

IMPORTANT NOTICE: *All Payments To ManagementServer.net Are Non-Refundable After 30 Days*

ManagementServer.net, Inc. ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of ManagementServer.net Service constitutes acceptance and agreement to ManagementServer.net's AUP as well as ManagementServer.net's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of ManagementServer.net, Inc. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment. All hosting sales whether shared hosting or co-location implies that a minimum of a one year contract is established, all sales are final and their are no refunds after 30 days of signing up. Canceling your account early requires that you pay exit fees for the remaining hosting and or co-location months of the contract.

This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, county of Harris applicable to contracts enforceable in that state. Venue will be Harris County, Texas

1.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber, should a warrant be served requiring us to do such.. In addition ManagementServer.net shall have the right to terminate all service set forth in this Agreement. We have a zero tolerance policy for illegal spam and wares sites.


2.

Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.


3.

Payment: Hosting or Co-location accounts set up are in a contract of compensation for at least a one year period. Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments after one year are due on the anniversary date of the month for that month's service. All accounts and services provided by ManagementServer.net are subject to the current tax rate as imposed by the City of Houston, State of Texas which is currently 8.25%. 80% of the monthly service charge is subject to the 8.25% tax rate, while the remaining 20% of the monthly service charge is not taxed. 100% of the setup fee is subject to the 8.25% tax rate. The above applies to all accounts and services provided by ManagementServer.net.


4.

Payments and Fees: Accounts not paid by due date are subject to a 5% late fee. Accounts that are not collectable by ManagementServer.net may be turned over to an outside collection agency for collection. If you sign up with the hosting or Co-Location service it is establishing a one year contract, if you break that 1 year contract you are liable for all the exit fees which are the remainder of the months cost. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS, which is to give at least a 60 day notice.


5.

Refund and Disputes: It is understood that all accounts are setup for at least a one year contract, if the customer cancels the account before the one year time limit is up, the client is liable for paying the remaining months of the contract. All payments to ManagementServer.net, Inc. are nonrefundable after the trial period which is 30 days after site is setup. Specifically, refunds will be honored within thirty days only after your web site has been set up and with the circumstance that we did not honor our guarantee to ensure your website was up and running with 99% uptime. Refunds will NOT be processed for individuals for any other reason. All Sales are Final otherwise. We state everything clearly and explicitly on our website, and any misunderstanding by a customer or the failure to research and read our AUP and TOS is not the responsibility of ManagementServer.net and is not a valid reason for a refund. All customers signing up for service with ManagementServer.net are required to read and accept our AUP and TOS. No Exceptions! There is no refund for the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in ManagementServer.net's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay ManagementServer.net an "Administrative Fee" of not less than $50 and not more than $150.


6.

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. In the case of co-location if payment isn't received the server will be erased and auctioned on e-bay to recover the lost compensation from the full one year contract.


7.

Account Cancellation: ManagementServer.net's preferred method of cancellation is via email. Please send an email to support@ManagementServer.net.



8.

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.


9.

New Domain Accounts: All new web hosting or co-location accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by ManagementServer.net, Inc. on behalf of the account holder a handling fee of $20 will be incurred.


10.

Transfer of Domains: New Co-location or web hosting accounts which involve the transfer of a domain from another provider to ManagementServer.net, Inc. will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by ManagementServer.net, Inc. on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.


11.

Support Boundaries: ManagementServer.net, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: ManagementServer.net provides support related to your web hosting account's physical functioning. ManagementServer.net does not offer tech support for application specific issues such as CGI programming, HTML or any other such issue. ManagementServer.net does not provide technical support for YOUR customers. If you can email, we encourage you to email support@ManagementServer.net for assistance. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support.


12.

SPAM and Unsolicited Commercial Email (UCE): ManagementServer.net takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of ManagementServer.net may not use or permit others to use our network to transact in UCE. Customers of ManagementServer.net may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.


1.

Violation of ManagementServer.net's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, ManagementServer.net will initiate an immediate investigation (within 48 hours of notification). During the investigation, ManagementServer.net may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, ManagementServer.net may, at its sole discretion, restrict, suspend or terminate customer's account. Further, ManagementServer.net reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ManagementServer.net will notify law enforcement officials if the violation is believed to be a criminal offense.


2.

First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that ManagementServer.net personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.


3.

As our Customers are ultimately responsible for the actions of their clients over the ManagementServer.net network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

1. Network


1.

IP Address Ownership: If ManagementServer.net assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to ManagementServer.net, and Customer shall have no right to use that Internet Protocol address except as permitted by ManagementServer.net in its sole discretion in connection with the Services, during the term of this Agreement. ManagementServer.net shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by ManagementServer.net, and ManagementServer.net reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.


2.

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). ManagementServer.net will monitor Customer's bandwidth and disk usage. ManagementServer.net shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in ManagementServer.net's sole and absolute discretion. If ManagementServer.net takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, ManagementServer.net may, at its sole discretion, collect a deposit, in an amount determined by ManagementServer.net, against customer's credit card on file with ManagementServer.net.


3.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the ManagementServer.net Network. Violations of system or network security may result in civil or criminal liability. ManagementServer.net will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:


1.

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.


2.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.


3.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "denial of service attacks".


4.

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.


5.

Taking any action in order to obtain services to which such User is not entitled.

 

2. Notification of Violation:


1.

ManagementServer.net is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.


2.

First violation: Any User, which ManagementServer.net determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at ManagementServer.net's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.


3.

Second Violation: Users that ManagementServer.net determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.


4.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.



3.

Suspension of Service or Cancellation: ManagementServer.net reserves the right to suspend network access to any customer if in the judgment of the ManagementServer.net network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which ManagementServer.net chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.


4.

ManagementServer.net reserves the right to amend its policies at any time. All users of our network must abide by these policies set forth. Failure to follow any term or condition will be grounds for immediate cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.


5.

Indemnification: ManagementServer.net wishes to emphasize that in agreeing to the ManagementServer.net Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies ManagementServer.net for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to ManagementServer.net or the bringing of any claim against ManagementServer.net by any third-party. This means that if ManagementServer.net is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against ManagementServer.net, plus all costs and attorney's fees.


6.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.


1.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.


2.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.


3.

ManagementServer.net takes no responsibility for any material input by others and not posted to the ManagementServer.net Network by ManagementServer.net. ManagementServer.net is not responsible for the content of any other websites linked to the ManagementServer.net Network; links are provided as Internet navigation tools only. ManagementServer.net disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.


4.

ManagementServer.net is not responsible for any damages your business may suffer. ManagementServer.net does not make implied or written warranties for any of our services. ManagementServer.net denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ManagementServer.net.

5.

If services are severed with ManagementServer.net, all files, databases, etc. will be deleted within 24 hours of contract severance and the customer is liable to paying the remaining months of the one year contract is implied. It is the customers responsibility and duty to have current login information and to backup all files associated with hosting. ManagementServer.net is not responsible for data loss associated with contract severance.

6.

Customer is responsible for data stored on ManagementServer.net. Due to the nature of the internet and hard/software data loss may be possible. Backup programs are offered and it is the customers responsibility to make use of them. ManagementServer.net is in no way responsible for data loss caused by measures outside of our control.


7.

Responsibility for Content: You, as ManagementServer.net's customer, are solely responsible for the content stored on and served by your ManagementServer.net server. ManagementServer.net rents/leases its servers from ev1servers.net and it is the responsibility of ManagementServer.net to not only have and enforce it's own TOS/AUP but to honor the AUP/TOS of ev1servers.net.

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