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Read This Service Agreement Carefully Before Using Our Internet Services
1. Introduction
MaxPrecision Development provides its Internet services, as they may exist from time to
time (“Services”) and to users who pay a monthly service fee to subscribe to the Services
(“Members”). By establishing an account or using the Services, you agree to be bound by
this Agreement and to use the Services in compliance with this Agreement, our Acceptable
Use Policy and other policies.
If you do not agree to the terms and conditions of this Agreement, including any future
revisions, you may not use the Services and if you are a current Member, you must terminate
your use of the Services under Section 9.
2. Subscription Requirements
Members must be at least 18 years old. Current
prices for MaxPrecision Development's Services are posted throughout our website at
http://www.maxprecision.com. These rates may also be obtained by calling 720.341.974. MaxPrecision
Development reserves the right to change prices and institute new fees at any time upon 30 days
prior notice.
3. Payment Obligations of a Member
Member is responsible for any and all fixed and accumulative charges for this account. The
first month service fee (or other available billing period selected) is due upon account
setup. Each month (or other billing period selected), on the first of the month, the
account will be charged the monthly access and any other fees for the upcoming month plus any
accumulated charges for the past month. Failure to use this account does not relieve
the Member of payment obligations.
Payment by credit card is required for monthly and quarterly billing. If Member is a Credit Card customer, Member agrees to allow
MaxPrecision Development to bill such card on
each successive billing date without obtaining Member's permission after the initial charge. MaxPrecision Development
is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting
from charges billed by MaxPrecision Development.
Member shall notify MaxPrecision Development of any changes in Credit Card Number or expiration date. If the
card is not honored for any reason MaxPrecision Development will attempt to charge the card for three (3)
days. If the card is still not honored on the third day the Member's account will be suspended
for seven (7) days pending payment. If no payment has been received within seven (7) days
of suspending the account, the account will be terminated. Re-establishment of the account
will be subject to a re-connection fee of $10.00 in addition to Member's accumulated oustanding balance.
Payment by check is accepted for pre-paid accounts (3-month, 6-month, 12-month or 24-month terms). However,
User's account will not be activated until check is received. For account renewals,
payment is due by the date of expiration. Notification of expiration will be e-mailed one (1)
month prior to the account's expiration. If payment is not received within three (3) days
after expiration, the account will be suspended. If payment is not received within seven (7)
days of suspending the account, the account will be terminated. Re-establishment of the account
will be subject to a re-connection fee of $10.00.
MaxPrecison Development has the right to instantly terminate service for any unpaid or partial paid
subscriptions. Termination of service shall not relieve the Member from the obligation
to satisfy outstanding invoices. In the event MaxPrecision Development utilizes an attorney to collect such
sums, the Member shall be responsible for the payment of all of MaxPrecision Development's attorneys' fees and
costs in pursuing the collection of these sums. Venue for any litigation concerning the
Member's relationship with MaxPrecision Development shall be in Arapahoe county, in the state of Colorado.
MaxPrecision Development reserves the right to cancel service for any reason without prior
notice.
Monthly pre-paid fees are non-refundable, unless Member is
unsuccessful in using the account and notifies MaxPrecision Development within five (5) days of
establishing said service (i.e., if you terminate your account on March 12, you are still
charged for the whole March period).
All pre-paid (3-month, 6-month, 12-month or 24-month terms) accounts can be cancelled at any time. Member will be
refunded the pre-paid
fee minus a $15.00 early cancellation fee, and minus the number of months used billed at
the regular monthly rate.
4. Backup and Storage
MaxPrecision Development backs up all server configurations on a regular basis, which helps in restoring
the existing configurations in case of hardware failure. It is not possible to restore the
data for Members and therefore we encourage Members to back up their contents on a
regular basis. MaxPrecision Development will provide help or assistance, where it can, to recover the lost data
due to any reason but, accepts no responsibility or liability for possible permanent data
loss.
To maintain the high performance of the servers we need to clean/delete the stats log
files from time to time. Usually this deletion process occurs on the beginning of each
month. Members are advised to make copies of the log files regularly and before
deletions, as MaxPrecision Development does not provide an individual log files recording or storage
facility. MaxPrecision Development accepts no responsibility or liability for loss of log files after
deletion of log files.
MaxPrecision Development provides access to a real time graphics stats server for each domain for an additional cost. We encourage
Members to export all the necessary stats records on regular basis. Due to the
involvement of third party components and the complexity of links between domains
and the stats server, neither MaxPrecision Development nor any third party hold any responsibility or
liability for any stats data loss or corruption (if occurred).
Further more it is strongly advised that Members retain a copy of each and every file or
data-type before uploading it on the MaxPrecision Development servers, as MaxPrecision Development does not accept
any responsibility or liability for permanent loss of data, in any form.
5. Bandwidth Usage
MaxPrecision Development has an extremely capable connection to the major backbones of the Internet. As
the needs arise, our bandwidth is continually upgraded to accommodate the growing needs of
our Members. However, if any one web site produces an abnormally large amount of web site
traffic for extended periods of time, this can cause slowdowns throughout the entire
network.
Members on higher-level hosting plans will be granted more leniency in regards to
bandwidth usage. Please note that other items such as CGI or email might require you
to purchase a different, more suited, package.
If a Members hosting plan is found to be using excessive bandwidth, the Member will be
contacted about upgrading, or negotiating extra bandwidth charges.
6. Web Space Usage
MaxPrecision Development provides limited web space to store files and data. The size of the web space
depends upon the hosting plan size you have chosen.
If a hosting plan is found to be using more web space than allocated, the Member will be
contacted about reducing the web space to their hosting plan limit, or upgrading the hosting plan
or negotiating over-used web space. The Member will have 7 days to correct this problem –
reduce web space to limit, upgrade the account or purchase extra web space.
Please note that stats log files for Members domain are stored in Members web space and is part
of Members hosting plan. Sometimes these files are the reason for the over-size of an hosting plan. It
is the Member’s responsibility to download the logs files regularly and delete them from
the server when necessary.
7. Customer Support
It has been the goal of MaxPrecision Development since our founding to provide top-quality customer support
and satisfaction. We would like to take this opportunity to clarify what our role is in
providing a web presence service.
There are certain features such as CGI, ASP, ODBC, SSI, real audio, etc., that we provide to
our Members. However, due to the complex nature of supporting such services, we are unable to
support Members in learning how to use such features. We will verify that the settings are
correct on our end, but to help Members correctly set up their own files, we must charge a
fee based on professional rates.
In this document, we will clarify what issues shall receive free technical
support (general issues) and for which there shall be a charge (advanced support). We make great
effort to provide a fast turn-around on support for all general support issues. The time
frame for advanced support will vary depending upon the complexity of the issue. Below are
several examples of general support issues and some advanced support issues:
General Support Issues [no charge]
Problems logging into an account. [Password set-up incorrectly, ftp login incorrect, etc.]
Problems uploading files due to server issues [permissions incorrect].
System configuration problems caused by us.
Web site not loading due to errors on our part [DNS incorrect etc.].
E-mail accounts not functioning.
Recommendations on what would be best to run... [i.e., should I use ASP or a CGI script?]
Advanced Support [$100.00 per hour]
Custom CGI scripts and applications
Web site development
Re-coding html to reduce file size
Making image files smaller in file size
Technical support with user CGI, ASP, Java etc.
Modifying Existing Domains With MaxPrecision Development
MaxPrecision Development wishes to ensure that Members have a complete domain service with their
hosting plan. This means being able to reach a web site at a fully qualified domain name url, e.g.
www.maxprecision.com
If after the initial processing Member needs to modify the domain, there
will be a $10.00 service charge. This charge also applies to domains registered by other
registrants, and is applied for modifying information on all aspects of your domain details.
For domains registered through MaxPrecision Development, all updates should be requested via to domains@maxprecision.com,
this does not incur a fee, for any registrant.
Clean Up or Re-Installation of a hosting plan
The cost of cleaning up or re-installing a hosting plan is $15.00. If Member wants to start from
scratch, MaxPrecision Development will delete and re-create Members hosting plan for this fee.
8. Acceptable Usage and Content
MaxPrecision Development strictly prohibits any hosting plan hosted on our servers from containing certain
types of material. These include, but are by not limited to:
Offensive adult oriented material, such as pornography, and/or other offensive material as deemed by MaxPrecision Development.
Any material that is not suitable for minors.
Material that is considered illegal by any governing body.
Warez (commercial software made available for free over the internet).
Illegal mp3 files.
Other illegally obtained or distributed software and/or files.
Documentation on hacking, software piracy, counterfeiting, bomb making, etc., posted with the intent of fostering criminal activity.
Any other questionable material, as determined by Maxecision Development.
Any material, which is meant to harm, bash, offend, or pull down another group, be it political, religious, racial, sexual, or otherwise.
Sites promoting or fostering hate crimes toward any other group.
Any site hosted by MaxPrecision Development which provides offensive adult services, as deemed by
MaxPrecision Development, will be stopped in expectation of a site clean up, there shall be a minimum
service charge of $75.00 to reactivate the site and work done on confirmation of acceptance,
of site content, and further charges at the rate of $100.00 per hour after the first hour.
There will also be a charge of $0.50 per MB of data transfer if the site accumulates data
during that period. MaxPrecision Development will not tolerate offensive adult web sites.
No email address provided by MaxPrecision Development shall be used to send 'Spam,' or un-solicited mass
email messages. Any hosting plan found in violation of this will be cancelled immediately.
Any activity that overloads MaxPrecision Development's servers and/or hides access to sites hosted by MaxPrecision Development
will not be permitted nor tolerated. This includes, but is not limited to:
Providing email service to large numbers of people not affiliated with you or your company (i.e., running a service similar to iname or netaddress)
Any other usage of provided system resources, which would constitute abuse in any form
Any such activity can and will result in the immediate termination of your account.
If you know of any hosting plan that is abusing these practices, please email
abuse@maxprecision.com and describe the abuse, and provide MaxPrecision Development with the url or email
address of the party you are reporting, if at all possible.
Please refer to MaxPrecision Development's Acceptable Use Policy for more information.
9. Disclaimer of Warranties and Limitation of Liability
MaxPrecision Development does not claim in any way that the web hosting services provided by them, will be
uninterrupted or error-free, that defects will be corrected, or that the service or the
server that makes it available, are free of viruses or other harmful components. MaxPrecision Development
does not claim in any way that the use, or the results of the use, of the services provided
by them or the materials made available as part of the service will be correct, accurate,
timely, or otherwise reliable.
By completing the account sign up form and clicking the submit button Member specifically
agrees that MaxPrecision Development shall not be responsible for unauthorized access to or alteration of
Members transmissions or data, any material or data sent or received or not sent or received, or
any transactions entered into through the services provided by them. Member specifically
agrees that MaxPrecision Development is not responsible or liable for any threatening, defamatory, obscene,
offensive or illegal content or conduct of any other party or any infringement of another's
rights, including intellectual property rights. Member specifically agrees that MaxPrecision Development is not
responsible for any content sent using and/or included in the services provided by them, by
any third party.
MAXPRECISION DEVELOPMENT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE
SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MAXPRECISION DEVELOPMENT AND/OR ITS RESPECTIVE
REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL MAXPRECISION DEVELOPMENT AND/OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR
INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAXPRECISION DEVELOPMENT OR ANY OF ITS
REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.
10. Indemnification
Member agrees to indemnify and hold MaxPrecision Development, its parent, subsidiaries, affiliates, officers
and employees, harmless from any claim, demand, or damage, including reasonable attorneys'
fees, asserted by any third party due to or arising out of Members use of or conduct on the
services provided by them.
11. Terms of Agreement
Continued use of the Services constitutes acceptance of this Agreement and any future versions.
If you are dissatisfied with the Services or any related terms, conditions, rules, policies,
guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services
and, if you are a Member, to terminate your account.
12. Termination
You may terminate your account at any time and for any reason by providing notice of intent to
terminate to MaxPrecision Development by:
- registered or certified mail, return receipt requested addressed to MaxPrecision Development, 8039 S. Fultondale Way, Aurora, CO 80016; or
- telephone calls directed to 720.341.9074
Email termination of your basic Web Hosting account will not be accepted. Your termination
will only be complete upon your receipt of a cancellation confirmation from MaxPrecision
Development. Based on your billing cycle, charges accrued prior to your termination may apply
after you receive a cancellation confirmation. If your account included space on MaxPrecision
Development's servers, anything stored on this space will be deleted upon termination.
Without prior notice, MaxPrecision Development may terminate this Agreement, your password,
your account, or your use of the Services, for any reason, including, without limitation, if
MaxPrecision Development, in its sole discretion, believes you have violated this Agreement, our
Acceptable Use Policy, or any of the applicable user policies, or if you
fail to pay any charges when due. MaxPrecision Development may provide termination notice to you
by: email addressed to your email account or by US Mail or courier service to the address you
provided for the Services. All notices to you shall be deemed effective on the first (1st)
calendar day following the date of electronic mailing or on the fourth (4th) calendar day
following the date of first-class mailing or deposit with a commercial courier service.
Sections 3, 4, 5, 6, 9, and 13 of this Agreement shall survive termination of this Agreement.
13. Jurisdiction
This Agreement is governed by Colorado law without regard to conflict of law provisions. Any cause of action Member may
have with respect to the Service must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is barred.
14. Miscellaneous
This Agreement, the Acceptable Use Policy, the
Privacy Statement, and MaxPrecision Development's other user policies posted on MaxPrecision
Development's Web site constitute the entire agreement between you and MaxPrecision Development
with respect to your use of the Services.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable
portion shall be construed in accordance with applicable law as nearly as possible to
reflect the original intentions of the parties and the remainder of the provisions shall
remain in full force and effect.
Our failure to insist upon or enforce strict performance of any provisions of this Agreement
shall not be construed as a waiver of any provision or right. Neither the course of conduct
between parties nor trade practice shall act to modify any provision of this Agreement.
MaxPrecision Development may revise, amend, or modify this Agreement, the
Acceptable Use Policy and any other user policies and agreements, at any time and in any
manner. Notice of any revision, amendment, or modification will be posted on MaxPrecision
Development's Web site (
http://www.maxprecision.com) and/or by email.
Rev. 11/30/2019
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MaxPrecision Web Hosting Service Agreement