Terms and Conditions (Effective September 01, 2006)
Please be advised that by submitting payment and using the web hosting services provided by Marc Taylor Creative, LLC, you are agreeing to the terms and conditions contained herein. (Effective September 01, 2006)
By using the services provided by Marc Taylor Creative, LLC you certify that you are at least 18 years of age. To become an ACROHOST.NET (Marc Taylor Creative, LLC) accountholder, you must read and agree to be bound by all terms and conditions contained herein and any policies that are or may be published by Marc Taylor Creative, LLC. These provisions become effective upon use of services provided by Marc Taylor Creative, LLC. Marc Taylor Creative, LLC may modify the terms and conditions of use or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modifications, prices and/or policies if you continue to use the services provided by Marc Taylor Creative, LLC. Customers that have paid in advance for services will not be affected by any price changes until their term is up.
The terms and conditions of Marc Taylor Creative, LLC's services as offered by Acrohost.net (Marc Taylor Creative, LLC) and used by you, including the provision of web hosting services on Marc Taylor Creative, LLC's shared and dedicated servers and connectivity to the Internet (the "Services") are contained herein. Marc Taylor Creative, LLC will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of service. In performing the Services, Marc Taylor Creative, LLC maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.
By utilizing the services of Marc Taylor Creative, LLC for web hosting, Client acknowledges that Marc Taylor Creative, LLC makes no guarantees as to the ranking the hosted web site will receive in any search engines utilized by the world wide web. Client acknowledges that the services performed by Marc Taylor Creative, LLC is limited to the hosting of the web site and in no way involves configuring the website(s) to be ranked in any certain way on any search engines.
Marc Taylor Creative, LLC in no way warrants or guarantees that the website(s) which are hosted by it will be ranked in any way on any search engines which are utilized on the world wide web.
Client acknowledges that it will hold Marc Taylor Creative, LLC harmless for any damages or claims which arise from the ranking or non-ranking of its website on any search engine, whether such claim is brought by Client or a third party.
Marc Taylor Creative, LLC will retain all rights to file transfer protocol (“FTP”). Any needed or desired edits to the website will be performed by Marc Taylor Creative, LLC at a charge to be determined between you and Marc Taylor Creative, LLC.
In connection with the Services, Marc Taylor Creative, LLC may provide for your use certain intellectual property. This property is copyrighted and proprietary property owned by Marc Taylor Creative, LLC. To the extent that such property are provided to you, you are granted a nonexclusive, nontransferable license to use the property in object-code form only for your internal use, solely in connection with the Services provided under these terms and conditions.
During the period that Marc Taylor Creative, LLC provides the Services to you, you hereby grant to Marc Taylor Creative, LLC a nonexclusive, royalty-free, worldwide right and license to digitally display and host your website and its content, and to use its trademarks, service marks, trade names, logos and other commercial or product/service designations in connection with the website and such Services.
For server restoration purposes only, Marc Taylor Creative, LLC makes back-ups of websites nightly; however, Marc Taylor Creative, LLC makes no guarantees of any kind, either expressed or implied, as to the integrity of these back-ups. You are responsible to maintain local copies of your website. If loss of data occurs due to an error of Marc Taylor Creative, LLC, Marc Taylor Creative, LLC will attempt to recover the data for no charge. Otherwise, Marc Taylor Creative, LLC will attempt to recover the data from the most recent archive for a $50 fee. Files that are not backed up are Program files (i.e. .exe, .com), Music Files (i.e. .mp3, .RM, .RAM, .WAV), Archive Files (i.e. zip, .arj, .cab). Marc Taylor Creative, LLC does not make backups of email data.
Marc Taylor Creative, LLC reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. Marc Taylor Creative, LLC will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not Marc Taylor Creative, LLC's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.
You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that Marc Taylor Creative, LLC is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, Marc Taylor Creative, LLC will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Marc Taylor Creative, LLC has a policy of terminating accountholders who are repeat copyright infringers.
Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on Marc Taylor Creative, LLC's servers nor the links to other websites are screened, approved, reviewed or endorsed by Marc Taylor Creative, LLC. Marc Taylor Creative, LLC is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not Marc Taylor Creative, LLC's statements of advice, opinion or information.
Marc Taylor Creative, LLC provides Traffic Reports and log files on some packages. Marc Taylor Creative, LLC does not guarantee the availability of these services. Marc Taylor Creative, LLC may at times remove server log files on the server without notice to free space on the server. Marc Taylor Creative, LLC does not guarantee log file availability. Marc Taylor Creative, LLC does not guarantee Traffic Report Data.
Marc Taylor Creative, LLC does not provide development support or internal database support with any of its packages. If Marc Taylor Creative, LLC is asked by customer to review code or review database/table/field structure by customer, then customer will be required to pay the current labor rate for such service.
You acknowledge that the Services are provided "as is." Neither Marc Taylor Creative, LLC, nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. Marc Taylor Creative, LLC is not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose of information available on its SERVERS or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will Marc Taylor Creative, LLC be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.
IN NO EVENT SHALL MARC TAYLOR CREATIVE, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THESE TERMS AND CONDITIONS OR YOUR USE OR INABILITY TO USE MARC TAYLOR CREATIVE, LLC'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF MARC TAYLOR CREATIVE, LLC'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF MARC TAYLOR CREATIVE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MARC TAYLOR CREATIVE, LLC'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO MARC TAYLOR CREATIVE, LLC FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, MARC TAYLOR CREATIVE, LLC'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold Marc Taylor Creative, LLC and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of these terms and conditions or from your placement or transmission of any materials or content onto Marc Taylor Creative, LLC's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Marc Taylor Creative, LLC's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Marc Taylor Creative, LLC's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Marc Taylor Creative, LLC will publish via e-mail a notice of fee increases at least 30 days before such increases take effect.
You agree to provide Marc Taylor Creative, LLC with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and applicable payment date and to update this information immediately if any change occurs.
If your billing will be by credit card, you acknowledge that Marc Taylor Creative, LLC may bill your credit card prior to the delivery of the Services. Furthermore, you authorize automatic billing by Marc Taylor Creative, LLC on an on-going basis during the term of service.
Marc Taylor Creative, LLC will submit its invoices to you on a quarterly basis, and all payments must be received by Marc Taylor Creative, LLC in advance of delivery of the Services. These quarterly fees will be billed at least 30 days in advance of the delivery of the Services for the following quarter. All fees are due and payable upon receipt. State sales tax will be charged where applicable.
If all fees are not paid within 30 days of the billing date, Marc Taylor Creative, LLC reserves the right at its sole discretion to suspend all Services until all outstanding fees are paid. All accounts will continue to accrue charges while they are delinquent or if the Services are suspended. If all fees are not paid within 60 days of the billing date, Marc Taylor Creative, LLC reserves the right at its sole discretion to discard and delete all of your website contents in the possession of Marc Taylor Creative, LLC. To the fullest extent provided by the terms and provisions above and applicable law, Marc Taylor Creative, LLC shall not be liable for any damages that you or any third party may suffer as a result of the suspension of Services or the deletion of website contents pursuant to these terms.
You acknowledge responsibility for your account until payment in full is made.
All complaints of abuse, violation and misuse of the Services described in these terms and conditions, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first: email@example.com. You are responsible for all use of your website, with or without your knowledge or consent. You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. When Marc Taylor Creative, LLC becomes aware of possible violations of these terms and conditions, Marc Taylor Creative, LLC may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on Marc Taylor Creative, LLC's servers. Marc Taylor Creative, LLC, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these terms and conditions could subject you to criminal or civil liability. Marc Taylor Creative does not permit sites in where 20% or more of the monthly traffic is from file downloads and or music/video, or sites that use more than 10% of system resources. Unless an arrangement has been made in writing with Marc Taylor Creative.
BY ACCEPTING THE SERVICES OF MARC TAYLOR CREATIVE, LLC, YOU AGREE TO WAIVE AND HOLD MARC TAYLOR CREATIVE, LLC HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY MARC TAYLOR CREATIVE, LLC AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS AND CONDITIONS OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THESE TERMS AND CONDITIONS HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM MARC TAYLOR CREATIVE, LLC AS A RESULT OF MARC TAYLOR CREATIVE, LLC'S DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MARC TAYLOR CREATIVE, LLC'S CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THESE TERMS AND CONDITIONS.
Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain. You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of Marc Taylor Creative, LLC's servers. You may not post, upload or otherwise distribute copyrighted material on Marc Taylor Creative, LLC'S servers without the consent of the copyright holder. Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX. Marc Taylor Creative, LLC supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, Marc Taylor Creative, LLC will not substitute itself for a court of law in deciding tort claims raised by the third party.
Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by Marc Taylor Creative, LLC by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated. You should not send email to any user who does not wish to receive it, either at Acrohost.net or elsewhere. Marc Taylor Creative, LLC recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop. You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. Marc Taylor Creative, LLC may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information. You may not use Marc Taylor Creative, LLC e-mail servers/systems for e-mail membership services such as allowing anyone to signup for an e-mail account with your domain name that wishes. Your e-mail server/services are intended to be used for you, departments and employees within your organization/company. If you need e-mail membership services Marc Taylor Creative, LLC can recommend a few companies that offer this service.Violations of the Marc Taylor Creative, LLC policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that Acrohost.net resources are affected, Marc Taylor Creative, LLC staff may shut down your mailbox. You may not use Acrohost.net mail services, servers or components to send out mail from other sites or services that are not hosted with Marc Taylor Creative, LLC. You may not use Acrohost.net mail services, servers or components to send out mail advertisements for other sites not pertaining to the website you are hosting with Marc Taylor Creative, LLC.You may not use Marc Taylor Creative, LLC mail servers for bulk e-mailing unless arrangements have been made prior to each mail submission. Marc Taylor Creative, LLC staff may shut down your mailbox /site without warning if this occurs.You may not use Marc Taylor Creative, LLC shared mail servers as an email storage facility. By storing your email on Marc Taylor Creative, LLC servers you do so at your own risk. Marc Taylor Creative, LLC suggests you download all mail content off of Marc Taylor Creative, LLC shared mail servers at the time of retrieval. As per section 1.5 Marc Taylor Creative, LLC does not backup mail data and is not responsible for loss mail data under any circumstances.List Server Lists are permitted on certain packages. Large lists of more than 1500 members are not permitted without first consulting Marc Taylor Creative, LLC for approval. Use of this service is AS IS. Marc Taylor Creative, LLC does not provide support on the List Server service. Marc Taylor Creative, LLC will provide you with the URL of the List Server provider to review help and knowledge base articles to guide you with this service.
You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at Acrohost.net or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. If you are involved in violations of system security, Marc Taylor Creative, LLC reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. Marc Taylor Creative, LLC will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
System abuse includes any use of Marc Taylor Creative, LLC resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.
You are prohibited from using Marc Taylor Creative, LLC's SQL / Data servers from remote servers. Using Marc Taylor Creative, LLC's SQL servers from remote servers is a violation of Marc Taylor Creative, LLC's terms and conditions. One example of the violation is you have a website hosted at another location and you are using Marc Taylor Creative, LLC's SQL servers for storing the data. Connections outside our Network is not permitted unless it is a program used to create and maintain your database like Enterprise Manager.
Marc Taylor Creative, LLC reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that Marc Taylor Creative, LLC, in its sole discretion, believes violates these terms and conditions or is otherwise harmful to Marc Taylor Creative, LLC's interests or the interests of other accountholders.
Marc Taylor Creative, LLC also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to your website) if any third-party claim is made that your website content or use violates any of the acceptable uses or your obligations or representations described in these terms and conditions.
All accounts with Marc Taylor Creative, LLC are paid in advance quarterly. Charges for canceling accounts are not prorated. No refunds are given on any accounts. Requests to cancel must be in writing. Cancellation requests can be emailed to firstname.lastname@example.org.
All Marc Taylor Creative, LLC accounts must be paid in full before the cancellation will be considered complete.
When canceling an account, cancellations take effect immediately and do not continue for the amount of your term left on your account. Marc Taylor Creative, LLC does not give refunds on the remaining term left on an account that was canceled after the charges have been billed. Marc Taylor Creative, LLC will send out an invoice either mail postal mail or e-mail 30 days prior to billing. Customer must inform Marc Taylor Creative, LLC of cancellation prior to the new billing date. Any charges that incurred after the billing date and cancellation are non-refundable. It is customer's responsibility to provide Marc Taylor Creative, LLC accurate e-mail address and billing information.
If your account is suspended or terminated for any reason permitted by these terms and conditions, Marc Taylor Creative, LLC may, at its sole discretion, permanently delete your website contents from Marc Taylor Creative, LLC servers, and Marc Taylor Creative, LLC will not be responsible for reestablished or restoring such content. If your account has been canceled or suspended due to a violation of our Terms and Conditions and Acceptable use policy no refunds will be given on any pre-paid term.
Except for Marc Taylor Creative, LLC's compliance with take-down provisions of the DMCA or injunctive or other equitable actions initiated by Marc Taylor Creative, LLC pursuant to these terms and conditions, if any controversy or dispute arises in connection with these terms and conditions, the Services or your use of Marc Taylor Creative, LLC's servers, such controversy or dispute shall first be presented for resolution by Marc Taylor Creative, LLC and you. If no resolution is reached within 7 days thereafter, then such controversy or dispute shall be resolved by binding arbitration in Knoxville, Tennessee, under the then-current rules of commercial arbitration of the American Arbitration Association. Each party shall select an arbitrator with expertise in computer law and the Internet, and these two arbitrators shall select the third arbitrator with such expertise. The validity, terms, performance and enforcement of these terms and conditions shall be governed and construed by its provisions and in accordance with the laws of the State of Tennessee (without regard to conflicts of laws principles).
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Knoxville, Tennessee, for any action, suit or proceeding arising out of or relating to any violation or breach of the terms and conditions of the services provided by Marc Taylor Creative, LLC.