MISTER.NET TERMS OF SERVICE AGREEMENT
If YOU accept this Agreement without reading it in its entirety, YOU are still bound by this Agreement in its entirety.
The following is the entire service agreement between Mister.net. (MISTER.NET) and the personal or corporate account holder (YOU / YOUR).
1. Service - MISTER.NET will provide YOU with FREE storage space on a MISTER.NET server for hosting a World Wide Web site (SITE) according to a selected plan at the site www.mister.net, in exchange for YOU paying the domain registration or transfer fee. YOU are only eligible for a FREE hosting account if you have YOUR domain registered with Mister.net. Transferring or moving your domain away from MISTER.NET to another company or registrar will immediately terminate your hosting account. Within 24 hours of moving or transferring your domain away from MISTER.NET your hosting account will be permanently removed or deleted.
- any content on YOUR Web site that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by MISTER.NET, in its sole discretion, to be offensive, disruptive, obscene, inappropriate or otherwise an administrative burden, may be removed or deleted without any compensation to YOU;
- any files on YOUR account that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by MISTER.NET, in its sole discretion, to be offensive, disruptive, obscene, inappropriate or otherwise an administrative burden, may be removed or deleted without any compensation to YOU;
- YOU agree not to engage in any activity that can overwhelm MISTER.NET servers with heavy usage, or that requires a disproportionate amount of resources of its servers, including but not limited to, highly active CGI or chat scripts;
- if YOU exceed the bandwidth limit for the service subscribed to, YOU must either upgrade the subscribed service to a service that accommodates such usage, purchase additional bandwidth, or reduce such bandwidth usage. YOU will always be notified if YOU exceed the bandwidth limit and MISTER.NET will never automatically charge YOU. Failure to comply will result in termination of YOUR account, without any compensation to YOU; and
- YOU may not use any images, marks, or other content on YOUR Web site that is owned by any MISTER.NET partner, without explicit licence or consent from that partner.
4. User liability - YOU are liable for all content on YOUR site, including the legality and preservation (i.e. making back-ups) of same;
- YOU are responsible for creating, maintaining and managing back-ups for YOUR files (i.e. web files, emails, database), MISTER.NET does not directly or indirectly provide any back-up services.
5. Amendments - YOU agree to abide by any amendments made to this Agreement, from time to time, as posted at www.mister.net.
6. E-mail - e-mail service is subject to the following restrictions:
- YOU agree not to send any e-mail that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by MISTER.NET, in its sole discretion, to be offensive, disruptive, obscene or inappropriate;
- YOU will not exceed the allowable storage capacity of the e-mail account. If YOU exceed the allowable storage capacity, YOU must either upgrade the subscribed service to a service that accommodates such usage, purchase additional storage space, or reduce your storage. MISTER.NET will contact you if this occurs and never automatically bill YOU;
- YOU will not send spam mail (i.e. unsolicited e-mail);
- YOU will at all times be liable for the safeguarding of YOUR password and account information; and
- if YOU breach any term of this Agreement, MISTER.NET reserves the right to delete YOUR mailbox without any compensation to YOU.
7. User obligation - YOU will at all times keep MISTER.NET apprised of YOUR current contact and billing information.
8. Web site suspension / termination - if litigation or a similar adjudicative proceeding is commenced against YOU in respect of your SITE, or upon receipt by MISTER.NET of a Court-issued copy of such proceeding, YOUR SITE will be temporarily deactivated. The deactivation period will last until YOU have filed an appropriate Defense in respect of such proceeding, or provided MISTER.NET with a Court-issued copy of same. If YOU fail to defend any such proceeding, YOUR SITE will remain deactivated, without any compensation to YOU.
9. Domain name registration - second-level domain names registered through MISTER.NET by YOU are governed by the terms located here.
10. No Representations or Warranties - services are provided as is, without any representations or warranties of any kind either expressed or implied.
11. Limitation of Liability - MISTER.NET is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the MISTER.NET server, or losses or damages arising from the use of the content or services provided by MISTER.NET or third parties in connection with MISTER.NET. MISTER.NET is not responsible for any financial losses by YOU in association with YOUR SITE.
12. Indemnity - YOU agree to indemnify and hold MISTER.NET harmless from and against, and to reimburse MISTER.NET with respect to, any and all losses of every nature whatsoever incurred by MISTER.NET arising out of (i) any breach of this Agreement by YOU; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual property right of any person by content on the SITE; or (iii) illegal, libelous, or defamatory content on the SITE.
13. Termination - both YOU and MISTER.NET have the option to terminate this Agreement at any time, upon providing five-business days prior notice to the other. MISTER.NET may terminate this Agreement at any time without notice or compensation to YOU if YOU violate any term of this Agreement, engage in illegal conduct, post illegal material, overwhelm MISTER.NET servers central processing units (CPUs), overwhelm MISTER.NET staff , or engage in any conduct MISTER.NET deems in its sole discretion to be disruptive or harmful.
14. Assignability - this Agreement is assignable to a third party by MISTER.NET upon notice to YOU. Such notice will be published on the Web site www.mister.net.
15. Renewal - upon expiration, this Agreement will renew automatically for the same duration as previously agreed to, unless you advise MISTER.NET otherwise prior to said expiration. Renewal fees must be received by MISTER.NET within 1 (one) day of said expiration, failing which YOUR SITE and e-mail account(s) will be placed on accounting hold. If the renewal fees are not received within 25 (twenty-five) days of expiration, all SITE and e-mail content will be deleted and removed from MISTER.NET servers without any compensation or notice to YOU. MISTER.NET reserves the right to not automatically renew any service plan.
16. General - the following terms apply:
- this Agreement is governed by and construed in accordance with the applicable laws of the state of Maryland and the federal laws of the United States and is treated in all respects as an Maryland-based contract;
- the excusing of any provision in this contract does not excuse any other or subsequent provision in this contract;
- any invalid, illegal or inoperative clause of this Agreement will not affect the valid reading and application of all other clauses of this Agreement;
- this Agreement, together with the policies prescribed at www.mister.net constitutes the entire Agreement between YOU and MISTER.NET;
- any term or condition of this Agreement, which by its nature extends beyond the term or expiry of this Agreement, survives the termination or expiry of this Agreement;
- this Agreement is executed in electronic and paper counterparts, each of which is an original, and all of which together are one and the same instrument;
- MISTER.NET maintains the right to refuse service if it considers it would be disruptive to its business to provide such service;
- any failure by MISTER.NET in satisfying any provision of this Agreement will be excused if that failure is brought about by any act of God, war, disaster, disease, criminal act, attack, power loss, weather, invasion, hardware failure, software failure or incapacity; and
- all remedies available to MISTER.NET under this Agreement survive termination of this Agreement without limitation