Mediast Services Inc., dba Mediast, (“Mediast”) provides services to you, subject to these Terms of Service (“TOS”), which may be updated periodically without prior notice. You can review the current version of the TOS at: http://mediast.com/mediast-terms-of-service/. Failure to comply with these TOS may result in account revocation.
1) Setup Fees including, but not limited to, additional programming are nonrefundable.
2) All fees are due within 10 days of being invoiced. Failure to pay by the due date may result in termination or suspension of services without notice.
3) If you cancel your service you will be refunded the prepaid fees for any unused month, once those services are no longer being provided, not including setup fees, if you have a contract, the terms of the contract apply. If you cancel your service, but fail to transfer your site(s) to another provider and continue to utilize our hosting network you will be billed until such time that you are no longer utilizing our services. If you wish services to cease immediately, you must request that our services be discontinued immediately.
4) The use of any data or material, which Customer receives from the service provided by Mediast, is at Customer’s sole and absolute risk. Mediast specifically disclaims and denies any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby.
5) Mediast will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Mediast shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of Mediast.
6) Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney’s fees, (‘Liabilities’) against Mediast, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Mediast against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Mediast’ server; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on Mediast’ Server. As a result of this, Customer agrees that Mediast shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of Mediast. Notwithstanding the above mentioned, Customer’s exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.
7) The Customer may only use Mediast’ services for lawful purposes. In the event that at any given time, Mediast believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, Mediast has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice to the Customer:
a. Unauthorized distribution or copying copyrighted software, violation of US export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities; Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail.
b. Unsolicited advertising via email and/or ‘Spamming’ is a violation of this agreement. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. Mediast reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
c. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person’s permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. Mediast reserves the right to determine what is Net abuse;
d. Tortuous conduct such as posting of defamatory, libelous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights;
e. The Customer expressly understands and agrees that illegal Adult oriented Websites are expressly prohibited. Mediast reserves the right to immediately terminate and remove any such unauthorized Websites without notice and discontinue service to Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service.
f. MUDDS, Listservers or any other Internet applications that are not Website specific, are specifically prohibited.