IMPORTANT NOTICE: *All Payments to Marshall Diversified, Inc, the parent company of MasonicDesigns.com, are Non-Refundable*
By submitting the online order form, the Subscribing Customer (you)
hereby agrees to the following: In consideration for hosting services
to be delivered, Customer agrees to be bound to the following terms:
* Customer agrees to pay for hosting services
rendered in advance of each monthly service term. Purchases made with a
credit card will be billed automatically on the due date.
* Customer agrees to be bound by the service term selected on the online order form.
* Setup fees and monthly service fees are non-refundable.
* Non-Payment of services shall result in a 5-day
notice of disconnection. All payment failures must be resolved within 5
days of notice. Customers failing to secure payment within 5 days of
notice will have their service suspended, and then terminated. A
service fee will be issued if after 5 days payment is made and service
restored..
* Service cancellations must be submitted via email
to prior to the end of the billing
period for the service. Dedicated servers require 7 days notice of
cancellation prior to the end of the billing period.
* Marshall Diversified, Inc. is not responsible for
loss of data, the customer is responsible for backing up their own data.
* Customer agrees to adhere to the Acceptable Use Policy.
* Customer agrees to adhere to the Rules and Procedures.
* Customer agrees not to engage in activity that
violates federal (United States), state or local laws applicable to the
service terms described herein.
* Marshall Diversified, Inc. reserves the right to
discontinue service to any subscriber it deems, in its sole discretion,
violates any condition of service including the Acceptable Use Policy,
Rules and Procedures, and Terms of Services.
* Customer agrees to indemnify and hold harmless
Marshall Diversified, Inc. and the employees and agents of Marshall
Diversified, Inc. against any losses, claims, damages, liabilities,
penalties, actions, proceedings or judgments (collectively, "Losses")
to which an Indemnified Party may become subject and which Losses arise
out of, or relate to this Agreement or customer's use of the Services
and Products, and will reimburse an Indemnified Party for all legal and
other expenses, including reasonable attorneys' fees incurred by such
Indemnified Party in connection with investigating, defending or
settling any Loss whether or not in connection with pending or
threatened litigation in which such Indemnified Party is a party.
* Marshall Diversified, Inc. SHALL NOT BE LIABLE FOR
(i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR
ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF
Marshall Diversified, Inc.' SERVICES AND PRODUCTS BY SUBSCRIBER OR ANY
THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS,
NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS Marshall
Diversified, Inc. PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT
WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED Marshall Diversified,
Inc. DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE SUBSCRIBER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE
AND SUITABILITY OF THE SERVICES AND PRODUCTS AND Marshall Diversified,
Inc. SHALL HAVE NO LIABILITY THEREFORE.
* Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT
OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF
$250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE
COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION
AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED
IN ANY COURT HAVING JURISDICTION THEREOF.
* Notices. Unless otherwise specified herein, any
notices or other communications required or permitted hereunder shall
be sufficiently given if in writing and delivered personally or sent by
facsimile transmission, internationally recognized overnight courier,
registered or certified mail, to the address or facsimile number of
customer as set forth in the Service Descriptions or Marshall
Diversified, Inc. as set forth below. Such notices or other
communications shall be deemed received (i) on the date delivered, if
delivered personally, (ii) on the date that return confirmation is
received, if sent by facsimile, (iii) on the business day (or, if
international, on the second business day) after being sent by an
internationally recognized overnight air courier or (iv) five days
after being sent, if sent by first class registered mail, return
receipt requested.
Marshall Diversified, Inc. LLC
64 Billy Goss Loop
North East, MD
Facsimile Number (410)287-6262.
* Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Maryland,
without regard to choice of law provisions that would cause the
application of the law of another jurisdiction.
