By purchasing web
hosting services from MBA Team, Inc., you agree to
be bound by the following
terms and conditions:
Renewal
In order to ensure uninterrupted service to your website,
the service contract will automatically renew unless
canceled by the site owner. MBA Team, Inc. requests
that cancellation requests be made via phone or
email at least 2 weeks prior to the date of renewal.
MBA
Team, Inc. will acknowledge the cancellation notice
within 24 hours of receipt. Your satisfaction is
important to us and MBA Team, Inc. will honor all
requests promptly. If you do not receive acknowledgment,
please contact a representative as soon as possible.
Refunds
MBA Team, Inc. web hosting services carry an unconditional
30 day satisfaction guarantee. If you are dissatisfied
for any reason within the first 30 days of service,
please contact us by phone or email for a full
and immediate refund. If you wish to retain your
domain
name, the cost of your domain name will be deducted
from your refund.
Acceptable Use Policy
MBA Team, Inc. reserves the right to refuse service
to any site at our sole discretion. Although we
do not believe in censorship, MBA Team, Inc. does
not
allow the following types of sites:
- Websites containing
explicit pornographic material
- Racist or hate-related
websites
- "Warez" sites, including but not limited
to any copyrighted software or music files
- Sites
which provide methods for circumventing copy
protection ("cracks", key codes, serial
numbers, decoder chips, etc...) are also not permitted.
- Any content which is not legal in the United States
- Unsolicited Email (Spam) and Bulk Email
MBA Team,
Inc. will not host websites which are advertised
through
unsolicited email, excessive newsgroup crossposting,
or off-topic newsgroup posts. What is considered
spam
is determined at the sole discretion of MBA Team,
Inc. We will make every effort to work with our customers
to insure that legitimate websites are not shut
down due to what may be wrongly interpreted as
unsolicited
mail. Although we are first and foremost an advocate
of our customers, sites in flagrant violation of
this
policy will be shutdown without a refund of any
kind. In addition, to protect the quality of service
for
all of our customers, any bulk emailing that adversely
affects the performance of our shared mail servers
will be either discontinued or moved, pending customer
approval, to one of our list server or dedicated
server plans.
Bandwidth and Overages
Each hosting plan is allocated a specific amount
of network and system resources which is clearly
specified
on the MBA Team, Inc. website. We realize that
from time to time, customers may have unanticipated
circumstances
which cause their websites to use more bandwidth,
disk space, or other resources than they have
been allocated with their plan. In extreme cases,
such
overages may result in additional charges or
the request to upgrade your service to a more suitable
plan. MBA Team, Inc. will make every effort to
contact you to prevent any unexpected charges or
service
interruptions. If the resources required by your
website negatively impact other customers in
our
shared hosting environment, we may take steps,
including possible temporary suspension of service,
to restore
normal server operations. Under all circumstances,
suspension of service is an absolute last resort
and we will make every effort to work with our
customers to insure continuous and trouble-free
service.
Copyright and Intellectual Property Policy
Please view our Copyright and Intellectual Property
policy at the following URL:
www.mbateam.com/pages/copyright.htm
Limitations
of Liability and Indemnification
Although there are limitations to the guarantees
we can provide, your satisfaction is very important
to us. We strive towards providing 100% customer
satisfaction in all our service offerings.
Limited
Warranties
No Other Warranty
MBA TEAM, INC. DOES NOT MONITOR OR EXERCISE CONTROL
OVER THE CONTENT OF THE INFORMATION TRANSMITTED
THROUGH ITS FACILITIES. USE OF THE SERVICES OR ANY
INFORMATION
THAT MAY BE OBTAINED THEREFROM IS AT CUSTOMER'S
OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS,
AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN
RISK. EXCEPT AS PROVIDED IN THE ORDER FORM(S),
MBA TEAM,
INC. DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND
ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT
AND
TITLE, AND ANY WARRANTIES ARISING FROM A COURSE
OF DEALING, USAGE, OR TRADE PRACTICE. MBA TEAM, INC.
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED,
ERROR-FREE, OR COMPLETELY SECURE.
Disclaimer of
Actions
Caused by and/or Under the Control
of Third Parties
MBA TEAM, INC. DOES NOT AND CANNOT CONTROL THE
FLOW OF INFORMATION TO OR FROM MBA TEAM, INC.'S
NETWORK
AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW
DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET
SERVICES
PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES,
ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN
IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE
INTERNET
(OR PORTIONS THEREOF). MBA TEAM, INC. CANNOT
GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY
MBA
TEAM,
INC. DISCLAIMS ANY AND ALL LIABILITY RESULTING
FROM OR RELATED TO SUCH EVENTS.
Delays and Interruptions
MBA TEAM, INC. SHALL NOT BE LIABLE FOR ANY LOSS
OF DATA RESULTING FROM DELAYS, CORRUPTION OF DATA,
NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
CUSTOMER
SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION,
USE AND SUITABILITY OF THE SERVICES, AND MBA TEAM,
INC.
SHALL HAVE NO LIABILITY THEREFOR. EXCEPT TO THE
EXTENT OF MBA TEAM, INC.'S GROSS NEGLIGENCE OR
WILLFUL
MISCONDUCT,
NEITHER MBA TEAM, INC. NOR ITS NETWORK SERVICES
SUPPLIER WILL BE LIABLE FOR UNAUTHORIZED ACCESS
TO MBA TEAM,
INC.'S OR CUSTOMER'S TRANSMISSION FACILITIES
OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS
TO OR
ALTERATION,
THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES,
PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT,
FRAUDULENT
MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS
OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF
MBA TEAM, INC.'S OR ITS NETWORK SERVICE SUPPLIER'S
NEGLIGENCE.
Indemnification
Each party agrees to indemnify and hold the other
harmless against any losses, costs, expenses
(including, but
not limited to, reasonable attorneys' fees),
claims, damages, liabilities, penalties, actions,
proceedings
or judgments (collectively, "Losses")
resulting from any claim, suit, action, or proceeding
brought
by any third party against the other or its affiliates
related to or arising out of (i) any infringement
or misappropriation or alleged infringement or
misappropriation of any United States copyright,
trade secret, patent,
trademark, or other proprietary right related
to any hardware or software utilized in connection
with any of the Services (but excluding any infringement
contributorily caused by the other party), and
(ii)
any violation of or failure to comply with the
Rules or Regulations. Customer further agrees
to
indemnify
MBA Team, Inc. and its affiliates against any
Losses which arise out of, or relate to any content
provided
by Customer or the customers/clients of Customer,
and Customer will reimburse MBA Team, Inc. and
its affiliates for all legal expenses, including
reasonable
attorneys' fees, incurred by MBA Team, Inc. and
its affiliates in connection with any such Losses.
Consequential
Damages
EXCEPT FOR THE PARTIES' INDEMNITY OBLIGATIONS,
IN NO EVENT WILL EITHER PARTY BE LIABLE OR
RESPONSIBLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL,
PUNITIVE,
INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING,
BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS,
REPLACEMENT
GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES,
LOSS
OF DATA, OR INTERRUPTION OR LOSS OF USE OF
SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE
POSSIBILITY
OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY
OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY, STRICT LIABILITY OR OTHERWISE.
ARBITRATION
AND EQUITABLE RELIEF
All Parties agree that
any dispute or controversy
arising out of or relating to any interpretation,
construction, performance or breach of
these Terms
and Conditions,
shall be settled by arbitration to be held
in Middlesex County, Massachusetts, in accordance
with the rules
then in effect of the American Arbitration
Association. The arbitrator may grant injunctions
or other
relief in such dispute or controversy.
The decision of
the arbitrator shall be final, conclusive
and binding
on the parties to the arbitration. Judgment
may be entered
on the arbitrator's decision in any court
of competent jurisdiction. Each party shall
each pay one-half
of the costs and expenses of such arbitration,
and each
shall separately pay its respective counsel
fees and expenses.
Governing Law
State law issues concerning construction,
interpretation and performance of this
Agreement shall be
governed by the substantive law of the
State of Massachusetts,
excluding its choice of law rules. The
United Nations Convention on Contracts for International
Sale
of Goods shall not apply.
Questions
Please contact us with any questions regarding
the MBA Team, Inc. terms of service by
calling 1-978-851-9077
or email support@mbateam.com
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