This Web Hosting Agreement explicitly states the terms
and conditions governing the use of the service, technology, and content
of MapleTime, Inc. When you sign your contract with MapleTime, Inc., or with any of our resellers,
you are accepting these
terms and conditions and acknowledge that your use of MapleTime,
Inc. is subject to certain limitations set forth below. If you do not accept
this agreement, do not proceed with the sign-up process.
MapleTime, Inc. reserves the right to amend
or change these guidelines at any time without notice. MapleTime,
Inc. reserves the right to delete or modify features, service, fees,
conditions of service and the terms of this Agreement at any time. When
possible, MapleTime, Inc. will give you thirty (30) days' notice
of such changes. MapleTime, Inc. will announce changes
by e-mail.
A.
Rights and Responsibilities. You expressly assume all risk for use
of MapleTime, Inc.' services, technology, content, or Hosted
sites. You are solely responsible for the conduct of your business.
In no event shall MapleTime, Inc. or any other party involved
in producing, creating or delivering MapleTime, Inc.' service,
technology or content, be liable in any manner whatsoever for loss
of or inaccuracy of data, goods, revenues, profits, services, or
technology or for any direct, special, incidental, consequential,
punitive or similar damages. You hereby waive any and all claims
against MapleTime, Inc. arising out of your use of the
service. The aggregate liability of MapleTime, Inc. arising
from this Agreement for any action or claim is limited to any amounts
you have paid to MapleTime, Inc. during the term of this
Agreement. In jurisdictions not allowing the limitation or exclusion
of liability for incidental or consequential damages, MapleTime,
Inc.' liability shall be limited to the extent permitted by law.
B.
Payment. Payment is required in advance of service. Payment may be
made once a year or once a month on the same day, under the payment terms
of the package you purchase. When initiating or upgrading service, you
agree to pay all fees and charges specified. You agree to pay all attorney
and collection fees resulting from our efforts to collect past due amounts
from you to the extent allowed by law.
C.
Termination. Upon signup, this agreement is initiated and will remain
in effect until you or MapleTime, Inc. terminates it as
follows:
Termination by MapleTime, Inc.
MapleTime, Inc. may terminate accounts and sites at any
time, without notice, for conduct that violates these guidelines
or for any other reason at our sole discretion.
- Content that includes or contains links to material that is obscene,
lewd, lascivious, violent, or otherwise objectionable.
- Accounts and sites that send unsolicited email (spamming) using
MapleTime, Inc. resources, or directing people to your site which
uses MapleTime, Inc. resources. Creators of spam are subject
to prosecution to the fullest extent of the law.
- Accounts and sites that violate Intellectual property or copyright
infringement.
- Content that threatens or abuses, including: bigotry, prejudice,
racism, hate or the promotion of violence against governments,
groups, organizations, or individuals.
- Content that holds MapleTime, Inc., or any of its
employees/officers up to public scorn or ridicule.
- Content that contains or participates in gambling or fraudulent
schemes, or contains links to such material.
- Content that exploits children under 18 years of age. Content
that posts or discloses personal identification information or
private information of individuals under the age of 13 or in connection
with materials directed toward individuals under the age of 13
without verifiable parental consent.
- Content that sells or offers to sell the following: controlled
substances or drug contraband, alcohol, weapons, materials that
violate copyright laws, pornography, or information that encourages
illegal activities.
MapleTime, Inc. has a Zero Tolerance policy regarding SPAM and
pornography. Any sites found to contain, promote, or link to such
content are subject to immediate removal from our service. At any
time, and without notice, MapleTime, Inc. may delete your
site or files; or discontinue service in whole or in part for any
breach of the Agreement by you or for the following reasons.
- If necessary for security reasons;
- If necessary for continued operation of our service;
- For violation of laws or regulations
- If a site is an illegitimate business (as determined at the sole
discretion of MapleTime, Inc.);
- If MapleTime, Inc. receives notification that your use
of our services violates a third-party right;
- If your credit card expires or you fail to make payments;
- For any other reason at the sole discretion of MapleTime,
Inc..
If
MapleTime, Inc. terminates this Agreement, you remain liable
for the full monthly charge for the month during which we terminate
your service. MapleTime, Inc. does not actively monitor
the content of hosted sites, but will investigate complaints of
a violation of third-party rights, including copyright and other
intellectual property rights.
Termination
by You. You
may terminate this agreement at any time and for any reason by sending
a registered letter to that effect to MapleTime, Inc.,
2839 West Lunt Ave, Chicago, IL 60645, or by emailing
[email protected]
You will be liable for the full monthly charge for the month
during which you terminated the Agreement and for all usage-based fees
through the termination date of this Agreement.
D.
Indemnification, Disclaimers, Warranties You agree to indemnify
MapleTime, Inc. against any and all liabilities, claims,
cost, and expenses, including attorneys' fees, arising from your
use of MapleTime, Inc. services. This expressly includes
your responsibility for any and all liability arising from the violation
or infringement of proprietary rights or copyrights and any libelous
or unlawful material contained within your Web site.
MapleTime, Inc.
shall not be held responsible for the content
of pages hosted under the service.
MapleTime, Inc. makes no guarantee
as to the accuracy or completeness
of information on any hosted site and is not responsible for any
errors or omissions arising from the use of such information; any
failures, delays, or interruptions in the delivery of any content
or services contained on our servers; or losses or damages arising
from the use of the content or services provided by MapleTime,
Inc..
MapleTime, Inc. is not responsible for the delivery or quality
of any goods or services sold or advertised through the MapleTime,
Inc. network of web sites, its affiliates or through the Hosted
sites.
MapleTime, Inc. makes no guarantees about server reliability,
speed, or consistency and shall not be held liable for such. MapleTime, Inc. provides
space for hosting Web pages but makes
no implied or express warranties about the reliability of this space
or related services. MapleTime, Inc. is not responsible
for any deletion, alteration or loss of data due to network or system
outages, file corruption, accidental deletion or any other reason.
Users are responsible for regularly monitoring and creating backups
of their own files and agree to use the MapleTime, Inc.
resources and infrastructure at their own risk. MapleTime,
Inc. does not make any warranty with respect to any content, information,
services or products provided through or in conjunction with our
service. MapleTime, Inc. does not guarantee that its security
procedures will prevent the loss of, alteration of, or improper
access to your information. For more information, read the privacy
policy.
E.
Proprietary Rights MapleTime, Inc. claims no proprietary
rights or intellectual property rights to your site content, including,
but not limited to, text, software, music, sound, photographs, video,
and graphics supplied by you for use on your site.
F.
Trademarks and Servicemarks MapleTime, Inc.' graphics,
logos, and service names used to identify MapleTime, Inc.'
products or services are the trademarks of MapleTime, Inc..
You agree not to use MapleTime, Inc.' trademarks in connection
with your, or any third party's, products or services without specific
written permission. All other brands and names used on MapleTime,
Inc. are the property of their respective owners.
This
Acceptable Use Policy and any disputes arising out of or related
to MapleTime, Inc. shall be governed by, and construed
and enforced in accordance with, the laws of the State of New York.
Upon
payment for services, you warrant that you are over the age of 18
years, have read this Agreement, and agree to be bound by its terms
and conditions.
Privacy
Policy and Security
Information on general usage and any optional personal details you
provide to us will be used to provide you with enhanced features.
The following are details of the information we collect: MapleTime,
Inc. may collect information from visitors to pages that we host.
This information may include: Date, Time, IP Address. This information
is collected to track volume and click-throughs on our hosted web
sites. MapleTime, Inc. does not sell or commercially make
available specific information about its users or visitors other
than in aggregate form, except in cooperation with law enforcement
bodies in regards to content violations or violations of applicable
laws.
MapleTime, Inc. uses secure server software (SSL) to encrypt
payment information and member data against unauthorized access.
By accepting this agreement, you understand that no data transmission
is one hundred percent secure.
Promotion Limitations
Any promotion or free service offered on our web site or by phone or email
is provided as-is, is limited to potential clients at our sole discretion,
and may be cancelled or converted into an account at our regular price
at any time.