M2Technology provides a variety of paid services including email hosting, web hosting, Spam filtering, and domain registration, the details of which are provided on the M2Technology website. Within these Terms and Conditions these services will be referred to as the "Service" or "Service(s)" or M2Technology "Service" or M2Technology "Services."
You hereby authorize M2Technology to create a Service account, including any related services and provide access to this account, the web page directory, cgi-bin directory, email filter, and/or any other directories or programs that need to be accessed during the Service. If you are an entity (such as a corporation, limited liability company or partnership), the individual accepting these Terms and Conditions warrants that they have the authority to bind you to these Terms and Conditions. You agree to use the Service for lawful purposes in accordance with these Terms and Conditions.
M2Technology will invoice you at the beginning of your chosen billing term for the Service provided. Payments for the Service are processed at the beginning of the billing term chosen (monthly, semi-annually or annually). If credit card payments are not able to be processed (e.g. transaction(s) declined due, but not limited to, inactive and/or expired credit cards) alternative payment is due within fourteen (14) days. If after fourteen (14) days payment is not made, your Service account(s) will automatically be suspended pending final resolution. M2Technology reserves the right to remove your Service account(s), email, database(s) website(s) and all web content and/or files from our hosting environment if payment is not received within twenty-one (21) days. M2Technology reserves the right, at its sole discretion, to deactivate and/or terminate your Service account(s) upon an indication of credit problems including delinquent payments.
You may cancel the Service at any time by notifying M2Technology via email, phone, fax, or by submitting a cancellation request within the Client Portal. Cancellation must be requested at least ten (10) days prior to the start of the next billing term in order to avoid an additional months charges. M2Technology does not issue partial refunds or credits for early cancellations. All payments to M2Technology are final and non-refundable.
M2Technology offers a thirty (30) day money back satisfaction guarantee for new hosting accounts.
Copyrights and Trademarks
You represents to M2Technology and unconditionally guarantees that any elements of text, graphics, photos, artwork, designs, trademarks, executable files or any files to be hosted on the M2Technology web server are owned by you, or that you have permission from the rightful owner to use each of these elements. You will hold harmless, protect, and defend M2Technology and its subcontractors from any claim or suit arising from the use of such elements hosted by M2Technology for you. It is your responsibility to obtain written permissions for use of copyrighted material.
M2Technology makes no warranties or representations of any kind for the Service offered. The Service is provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. Advice or information provided or given by M2Technology, its employees or agents does not create or constitute a warranty. M2Technology provides no warranty that the Service will be uninterrupted or error free or that any data, files, information, software or other material accessible on the Service is free from viruses or other harmful components. Under no circumstances shall M2Technology be liable for any direct, indirect, special, consequential, or punitive damages that result in any way from your use of or inability to use the Service, or for third parties' use of the Service to access your Web space, account, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
- You assume total responsibility and risk for your use of the Service, your account and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of the Service and/or merchandise provided through M2Technology or on the Internet.
- You understand that by placing data, files and information on M2Technology servers that such data, files and information becomes available to all Internet users and that M2Technology has no way of limiting or restricting access to such data, files or information or protecting such data, files or information from copyright infringement.
- If you are dissatisfied with the Service provided by M2Technology or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Service provided.
You agree to defend, indemnify, save and hold M2Technology harmless from all demands, liabilities, losses, costs and claims, including any attorney's fees associated with your use of the Service, your publication of material or use of those materials. This includes Liabilities asserted against M2Technology, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from services you have provided or performed or agreed to be performed or any products that you have sold, its agents, employee or assigns. You also agree to defend, indemnify and hold harmless M2Technology against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over your website. This includes infringing on the proprietary rights of a third-party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business. M2Technology is not responsible for any damages arising from your use of the Service or by your inability to use the Service for any reason. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. M2Technology is not liable for protection or privacy of email or other information transferred through the Internet or any other network provider that you may utilize.
You agree that the security of your account is solely your own responsibility. You also agree that if you feel the security of your account has been compromised in any way, you will notify M2Technology immediately by email, phone, fax, or by submitting a support request within the Client Portal.
- Third-Party Account Access
You will be held fully responsible for any misuse or compromise of your account for which M2Technology is not properly notified. You agree not to provide or share access to your account to any third-party, and that you are responsible for any use of your account by any party to whom such access has been provided. You agree that certain features of your account (e.g., FrontPage, FTP logins) which may be used to provide shared access to your account are not to be used to resell services to third parties, and that you are responsible for the actions of any party which utilizes those features.
- Third-Party Information
You are responsible for maintaining ALL third-party information and data including Domain Registrar login details, passwords, account settings, service configuration settings, domain renewal and/or registration dates. M2Technology is not responsible for maintaining ANY third-party information on your behalf.
- Security Violations
You agree that if any security violations are believed to have occurred in association with your account, M2Technology has the right to suspend access to the account pending an investigation and resolution. You also agree that M2Technology has the right to cooperate in any government or legal investigation regarding any aspect of the Service provided to and sold to you.
- Accounts and Passwords
You are responsible for maintaining the confidentiality of your user name(s) and password(s). You agree that you are responsible for any use of the Service, your account, whether or not authorized by you.
Laws Affecting Electronic Commerce
You agree that it is your responsibility to comply with the laws, taxes, and tariffs related to E-commerce, and you will hold harmless, protect, and defend M2Technology and its subcontractors from any claim, suit, penalty, tax, or tariff arising from your use of Internet electronic commerce. You also understand that M2Technology cannot provide legal advice.
Acceptable Use (AUP)
You agree that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or M2Technology. Abusive and unethical materials and uses include, but are not limited to: pornography, obscenity, nudity, slander, violations of privacy, computer viruses, harassment, illegal activity, "Spamming", "Warez" hosting or storage, Fraud websites, Phishing websites, Gambling websites, Racist websites, illegally owned executables, and advocacy of illegal activity. It is also understood that you will not publish information over the Internet that may be used by one party to harm another. M2Technology may or may not give notice before deactivating the use of an account(s) which M2Technology deems an abusive or unethical use of the web hosting account(s) or host server(s). Please use common sense with regard to the following:
- Adult Content
Adult web sites, adult picture galleries and/or adult file sharing services are prohibited on M2Technology servers.
- IRC Networks
Hosting an IRC server that is part of or connected to another IRC network or server is prohibited. This includes but is not limited to, the use of IRC clients, server software, bots or anything related to IRC. Servers found to be connecting to or part of these networks will be removed from the M2Technology network without notice.
Use of the M2Technology servers or services to send unsolicited bulk email (UBE) or unsolicited commercial email (UCE) is prohibited. Use of the service of another provider to send UCE, SPAM or mail bombs, to promote a site hosted on or connected to the M2Technology network is similarly prohibited. Violations of this type may result in termination of your contract and account. Opt-in email is acceptable provided there is a functional unsubscribe link and such opt-out requests are honored immediately. Account holders attempting to relay email or unsolicited bulk email (UBE) through the M2Technology servers or services will be suspended without notice.
- Illegal Use
M2Technology services may only be used for lawful purposes. Transmission, distribution or storage of any material in violation of applicable law or governmental regulation is prohibited. This includes, but is not limited to, material protected by copyright, trademark or other intellectual property used without proper authorization. This also includes, but is not limited to, any material or conduct that may be judged as threatening, harassment, fraud or abuse or violates export control laws. Using a website for phishing or viral attacks is illegal and strictly prohibited. Any account found in breach of this condition will be terminated and reported immediately. M2Technology will cooperate fully with legal authorities in the investigation of any suspected misuse or illegal use of services. Any use of our system to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities. In any such event M2Technology reserves the right to disclose your personal contact details to any law enforcement agency in order to further investigate such matters.
Violations of system or network security are prohibited and may result in criminal and civil liability. M2Technology will pursue legal action to the fullest extent for any security violation of the M2Technology network. This includes, but is not limited to: gaining or attempting to gain unauthorized access to servers or services; gaining or attempting to gain unauthorized use of data, systems or networks; attempting to test the vulnerability of a system or to breach security measures without proper authorization of M2Technology, the system or network owner; monitoring of data or traffic on any system or network without proper authorization of M2Technology, the system or network owner; any interference with service provided to any user, host or network through activities such as mail-bombing, viruses, or any deliberate attempt to overload the system.
Catch All E-mail Accounts
M2Technology does not provide or allow "catch all" email accounts. This is considered an outdated practice of providing a single email address that will accept any email addressed to your domain (e.g. firstname.lastname@example.org >>> email@example.com). This service allows for potential bandwidth restricting surges of Spam messages.
Termination of Services
M2Technology reserves the right to refuse or discontinue service to anyone at our sole discretion. M2Technology may deny you access to all or part of the service without notice if you engage in any conduct or activities that M2Technology believes violates any of the Terms and Conditions in this agreement. M2Technology shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that M2Technology has the right to monitor the service electronically and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. M2Technology reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.This website hosting agreement may be suspended or terminated by M2Technology at any time where:
- You are in breach of any of the conditions of this agreement
- You or your company become insolvent
- Your Invoices are more than twenty one (21) days overdue
Limitation of Liability
In no event (death or personal injury excepted) will M2Technology be liable to you for any indirect, incidental or consequential damages arising out the Service, ANY services or any products provided by M2Technology under any agreement, even if you have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion my not apply to you.
M2Technology acknowledges that its relationship with you is one of high trust and confidence and that in the course of providing services for you it potentially will have access to and contact with Proprietary or Confidential Information. M2Technology and its employees and subcontractors agree that, except as directed by you, will not at any time during or after the term of this website hosting agreement disclose to others or use for its benefit or the benefit of others, any Proprietary or Confidential Information. Likewise, you agree that you will not convey any Proprietary or Confidential information obtained about M2Technology to another party.
Any links on the M2Technology website (Links), may allow you to leave the M2Technology website and go to other websites. The linked websites are not under the control of M2Technology, and M2Technology is not responsible for the content, the accuracy thereof or any other aspect of any liked sites or any link contained in a linked site. M2Technology reserves the right to terminate any Links or linking program at any time. M2Technology does not endorse such links, companies or products, or information to which it links and reserves the right to note as such on its website. If you decide to access any of the third-party sites linked to the M2Technology website, you do this entirely at your own risk.
Data Protection ActIt is your responsibility to register under the data protection act if necessary for the storage and transmission of data. Any data collected and transmitted on via the website is the your sole ownership and as such you are responsible for the legal use of that data. You hereby agrees that any material submitted for publication on the M2Technology server through your account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Any potentially illegal activity may be be deactivated without warning by M2Technology. You hereby agree to indemnify and hold harmless M2Technology for any claim resulting from the submission of illegal materials.
Data Storage and Backup
Your use of the Service is at your sole risk and discretion. You agree that M2Technology is not responsible for any files, data, databases, email and information residing in your Service account on the M2Technology network or server(s).
M2Technology provides you the means to retrieve and backup your website, email, databases, data and files within the web hosting control panel. Please utilize this system to ensure your data integrity and security.
You agree to assume full responsibility for all email, files, data, databases, passwords and information transferred to and from the server, and to maintain all appropriate backups of files, data, passwords, databases and information stored on M2Technology servers. M2Technology does not warrant or otherwise guarantee that it will back up your data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of your data.
From time to time, M2Technology may have to suspend the Service for technical reasons, to maintain the network, servers or to prevent improper use of M2Technology services or network. You agree that under no circumstances will M2Technology be held liable for any financial or other damages due to such interruptions. In no event shall M2Technology be liable to you or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. The following also apply:
Interruption Outside Our Control
M2Technology shall not be liable for interruption of the Service if such interruption is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, terrorism, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, inclement weather, cable cuts, interruption of or delay in transportation, unavailability of, interruption or delay in email, telecommunications, or third-party services including DNS propagation, third-party provider outages, failure of third-party software or hardware or inability to obtain raw materials, equipment, supplies or power used in or equipment needed for provision of the Service. Such occurrences will not entitle you to a credit for interruption of the Service.
Interruption Due To Your Responsibility
M2Technology shall not be liable for the disruption of the Service if such interruption is due to your responsibility. Your responsibility includes the maintenance of ANY third-party information or data such as Domain Registrar details, passwords, login details, account settings, service configuration, DNS settings, domain renewal and/or registration dates. Such occurrences will not entitle you to a credit for interruption of the Service.
Alterations and Amendments
M2Technology reserves the right to update and change these Terms and Conditions from time to time, including without limitation, with respect to applicable fees and service charges. Further, M2Technology may, from time to time, revise or update the programs, services, and/or related material that may render all such prior versions obsolete. You are responsible for regularly reviewing these Terms and Conditions. Your continued use of the Service shall constitute your agreement to all Terms and Conditions and all amendments to these Terms and Conditions. You can always find the most recent version of these Terms and Conditions by accessing this web page.
By storing, transferring and continuing to maintain files, data, databases and information on M2Technology servers you are demonstrating, stating and acknowledging that you have read, understand and agree to be bound by these Terms and Conditions.
Questions, Comments and Suggestions:
We welcome your comments and questions regarding our policies. We are dedicated to providing the best possible experience for our clients and appreciate your feedback. Please contact us if you have any additional questions.