Masonic Designs - Terms of Service

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Masonic Designs - Terms of Service

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Main Menu

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News

Services Menu

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Terms of Service

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Admin Tutorials

Templates

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Sunday, 13 March 2005
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.
Last Updated ( Monday, 14 March 2005 )

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