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Terms of Service

The following terms of service apply to all accounts hosted wholly or partially on any mattewers.com server as well as other works performed. Submitting your order, agreeing to the contents of a proposal/quote or requesting work to be performed indicates agreement to Mattewers.com Terms of Service

Billing Letter 7-20-2004 [pdf file] [html version]

Agreement

If a client refuses to accept any future provisions or amendments, the client will have the option to cancel service as of the renewal date (see cancellation below for correct procedure). Failure to cancel service by the client will be deemed to be acceptance of any amended provisions or conditions to this agreement. If the client refuses to accept any future provisions or amendments, Mattewers.com may, in its sole discretion, cancel the account forthwith.

Mattewers.com Terms and Conditions Policy

Mattewers.com reserves the right to change this policy at any time. Please check this page on a regular basis, or when clarification is needed. Mattewers.com endeavors to provide the best possible service to all our customers and in doing so will not permit any unlawful activity, abuse of our servers or any unfavorable conduct. This and other Mattewers.com policies, procedures and guidelines are in effect to protect you, our other clients and ourselves from such harm.
Terms may also be set forth in any additional documents you receive from Mattewers.com

Account

This agreement applies to all accounts, of any type (sub-accounts, resold hosting, pointers, redirections and other related services and activities) associated with you, the account holder.

Billing & Renewal Period

This agreement will be automatically renewed each billing cycle, or renewal term.
Full payment is required before any hosting services is rendered, including renewals and upgrades of service. Payment is due each billing period (one month, one quarter, bi-annually or yearly) and billing will continue until you specifically cancel your hosting account.

Many accounts require prepayment and will therefore be billed one billing term in advance. In this case any additional charges incurred in a period that has already been prepaid, including but not limited to excess bandwidth, may be billed with the next billing period or separately.
If your account or any part of your account is deactivated, due to non-payment, late payment or other issues, you may be required to pay a re-activation fee of $50 to reestablish your account and/or services. Late payment(s) may also result in your billing rate being modified to exclude any discounts or special pricing you receive. Mattewers.com reserves the right to offer different terms based on factors we determine, such as billing and payment history.

Returned Check Fee: $35 per check

If a legitimate charge or charges should be incorrectly disputed with your credit card company, a charge of $35 per disputed charge (or actual costs incurred, whichever is greater) will be charged to your account.
If you incorrectly initiated a dispute such as this, you should immediately contact your credit card company and inform them of the mistake so that they can begin the process of 'reversing' the dispute.

Hourly Billing: Any hourly billing carries a one (1) hour minimum and is charged at half (1/2) hour increments thereafter

Cancellation

Cancellations must be received in writing by fax or postal mail and may require verbal conformation (to help ensure your account can not be cancelled by someone other than yourself).

You may cancel your account at any time, however, services are billed in whole billing periods only. So, if you cancel your account part-way through a billing cycle (one month, one quarter, bi-annually or yearly) your charges will still include the whole billing cycle.
Cancellation requests must be received no less than 10 days prior to the end of your billing cycle term. In circumstances where the you do not cancel your account prior to the renewal date the you are liable for payment of the entire term of either 1, 3, 6 or 12 months.

It is the clients responsibility to ensure that the account is indeed cancelled. Mattewers.com will confirm the cancellation of an account by email, mail or fax. If such a confirmation is not yet received, then the account remains active and you will continue to be billed and invoiced for service. Cancellation does not absolve the client of any outstanding financial obligation and will make all outstanding obligations due on and payable by the date of cancellation.

Termination

Mattewers.com reserves the right to terminate your account at any time. If a client fails to resolve an issue with any unfavorable circumstances associated with their account, or for any other reason deemed appropriate by Mattewers.com, this agreement may be terminated at the discretion of Mattewers.com. Whenever feasible Mattewers.com will attempt to contact the client and resolve any unfavorable circumstances, however you may not be contacted before your account is deactivated should the circumstances warrant an immediate suspension of services.

If the circumstances can not or have not been resolved by the client, Mattewers.com may permanently terminate the account. This involves discontinuation of services, disabling and deletion of the account and any related information stored the Mattewer.com servers if:

  1. The client violates any term of this or any other applicable agreement, any municipal, provincial or federal laws or regulations, or any policy or guideline set out by Mattewer.com on this website or in other communications with the client;
  2. The client engages in conduct or posts material on the account’s web site(s) that Mattewers.com in its sole discretion believes is harmful to other clients, the business or reputation of Mattewers.com or any third-party;
  3. The client engages in any activity that could or does overwhelm the server with heavy central processing unit (CPU) usage or that requires a disproportionate amount of the resources of the Mattewers.com server;
  4. The client disputes the terms of this agreement or any amendment set out, from time to time, by Mattewers.com anywhere in an amended agreement, attached schedule to this agreement, on the Mattewrs.com web site, or other communication of terms with the client.
  5. Any other circumstances deemed as grounds for termination by Mattewers.com

Content

Any and all services and facilities Mattrewers.com can only be used for legal purposes under all international, federal, provincial and municipal laws. Violations of this or any other provision of this agreement can result in a suspension of service leading to termination or in Mattewers.com's sole discretion, an immediate termination of service. This includes, but is not limited to:

  • any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
  • pornography;
  • any and all adult material
  • content that exploits children under 18 years of age;
  • hate propaganda;
  • racist, threatening, slanderous, libelous or otherwise abusive content;
  • the promotion or incitement of, or instructions for, the commission of illegal activities;
  • mail fraud, multi-level marketing schemes or any fraudulent activities;
  • content promoted through the sending of unsolicited email (spamming);
  • sending of unsolicited email (spam) from a Mattewers.com server, or any other server that refers to content on a Mattewers.com server, or sending such email with a Mattewers.com hosted Web site listed as the contact address;
  • pirated software;
  • warez, cracks, hacks, spam software & their associated utilities;
  • illegal mpeg layer two or three files (MP2 or MP3) or video & other files which may be considered copyright infringement;
  • online gambling
  • information or other material that contains a virus, corrupted data or any other harmful or damaging component.

Using any Mattewrs.com service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.

Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down.

Mattewers.com does not host sites of its competitors or web pages promoting sites of its competitors.
Mattewers.com will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising & SPAM

Mattewers.com is dedicated to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: over the Mattewers.com network, by customers or any other users of the Mattewers.com network (including customers' customers) and/or over any network, if the message sent advertises or mentions a site hosted on the Mattewers.com server.

Any unsolicited email, hate email, email bombs, or any mass email may not be found to be originated by mattewers.com or it's client accounts or to be distributed or processed by any of our clients. Also, your email address or account is subject to the same conditions. Sending of unsolicited e-mail (spam), from any account on our server or using an e-mail address or domain that is hosted or otherwise associated with our server or company operations is not allowed in any form. This policy includes any opt-in or similar email marketing programs, as such websites, email accounts and domains will not be hosted by mattewers.com. Mattewers.com reserves the right to deactivate any email accounts, domains or hosting accounts that we consider detrimental to performance. If your account or any part of your account is deactivated, you may be required to pay a re-activation fee of $50.

Accounts canceled due to Spam will be billed a ‘clean up’ fee of $250.

If you have any complaints or suggestions or comments regarding SPAM on our network, please direct them via email to design@mattewers.com

Abuse of Hosting Accounts, Email and Server

Allowing any third-party to access any part of your hosting account and mattewers.com services, including but not limited to our competitors, is prohibited. Any such action shall be considered grounds for the immediate termination of your account and you will be held liable for any loss, financial or otherwise as a result of your actions.

Abuse of Hosting Accounts, Email and Server

Attempting to use too large a proportion of the server's resources, damage or run damaging code, compromising security or otherwise attempting to do harm to our network and server is strictly prohibited. Mattewers.com reserves the right to suspend or deactivate the domain or hosting account of any offending abuse without any notice. It is the responsibility of the client to contact Mattewers.com and request potential account or domain re-activation.

Refusal of Service

Failure to follow any term or condition will be grounds for immediate account deactivation. Mattewers.com reserves the right to refuse, cancel, or suspend service at our sole discretion and for reasons that may or may not be disclosed to the customer.

SSH & Telnet

Mattewers.com has a strict "No SSH" policy and any domain or other account that uses a script or other means which may be used to elevate user privileges or enable SSH , Telnet or other services, will be instantly suspended, subject to termination and a fee of up to $250.

Backups

Backups of configurations, backups of files and full backups are performed periodically. No guarantees of any kind are made, either expressed or implied, as to the regularity, scope or integrity of these backups. These backups are made for server restoration purposes only and are not intended for individual client use. It is the client’s responsibility to maintain local copies of the files and data stored on the web server.

FTP is made available for the backup of such files, along with PHPMyAdmin for the backup of data stored within a database.

Clients with PLESK accounts on servers running PLESK 7.0 have the ability to backup files and other data from within the PLESK interface. While the software allows backups to be either stored on the server and/or downloaded to a local computer, we strongly recommend that clients download and maintain a complete local copy of all their data. Mattewers.com does not guarantee that backups stored on the server offer any kind of protection in a situation such as a server hardware or software problem, causing complete or partial server restoration.

Support Policy

It is the responsibility of the client to have an adequate working knowledge of their web site operations. Please do not expect to be taught by Mattewers.com support personnel to teach you how to use the software and tools at your disposal.

Problems or malfunctions of your hosting or other accounts requiring assistance from support will be acted upon only when proper support procedure is followed.

If your hosting account provides access to our PLESK 7 control panel, please submit any requests for support through the integrated “Trouble Ticketing” system. It is very important that your request for support is entered through PLESK and you select the correct category for your support ticket. Failure to use the TTS or to select the appropriate category for your request may severely delay the processing of your request.

Clients without access to the “Trouble Ticketing” system in PLESK 7 are urged to contact support by phone or using only this email address: design@mattewers.com

Traffic/Bandwidth & Usage

Mattewers.com customers are discouraged from storing any files that cause excessive traffic on the Mattewers.com servers. Please contact Mattewers.com for more information.

If the client exceeds the disk usage or data transfer limit of their hosting account, they will be billed for sufficient blocks of additional disk space or data transfer.

The client understands services are provided on a shared server and means that the client’s web site cannot overwhelm the server with heavy (CPU) usage from highly active common gateway interface ( CGI) scripts, chat scripts, other scripts or excessive bandwidth usage which interferes with Mattewers.com’s ability to provide service to its other clients and users. Should a clients web site or a script or other of the client’s file(s) overwhelm the server, use a large share of server resources, the clients account will be subject to temporary suspension. If the offending item is not corrected or removed as directed, the account will be subject to immediate termination.

CGI & other Scripts

Some of our hosting account have the ability to run scripts fro your own cgi-bin. You may use any CGI scripts within your cgi-bin folder, (as long as they are not on a list of scripts prohibited by us). If a script detrimentally affects normal server functionality or operation, we reserve the right to disable the CGI script to protect the server and the usability of other hosting accounts of the customers of mattewers.com. You will be notified in 24 hours regarding any offending cgi script that has or will be disabled.

Mattewers.com is not responsible for scripts that you use in your hosting account(s). Mattewers.com is not responsible for ensuring your scripts operate correctly. Mattewers.com provides technical support for our servers & server related software. Any scripts included in the Plesk control panel are 3rd Party scripts and are therefore not supported by Mattewers.com, however you may ask for assistance from other hosting clients in our new support area (when available)..

Chat software such as IRC

Mattewers.com does not allow IRC, IRC bots or any related programs, applications and code to be operated on our servers. This includes any applications related to these software products.

Limitations of Liability

Mattewers.com is not responsible for any failures, delays or interruptions in the delivery of any content or services contained on the Mattewers.com server; or losses or damages arising from the use of the content or services provided by Mattewers.com, and for greater certainty and without limitation to the generality of the foregoing:

  • Mattewers.com liability to the client for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the fees paid by the client to Mattewers.com, for the prior 1, 3, 6 or 12 months (whichever is appropriate);
  • In no event will Mattewers.com be liable to the client for any indirect, incidental or consequential damages arising out of the service or in connection with the client web site or any other services or products provided to or by the client;
  • Mattewers.com, its officers, directors, owners, agents and employees, shall in no way be liable to the client or anyone else for any loss or injury resulting from use of the service or the Client's web site;
  • In no event shall Mattewers.com be liable for any damages, whatsoever, as a result of the notifying any official of potentially illegal content on the web site, providing copies of the client's web site to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
  • In no even shall Mattewers.com be liable for any damages, whatsoever, as a result of the termination of this agreement.

 

Severability

If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect.

Indemnification

As a client, you agree not to harm Mattewers.com, its reputation, computer systems, programming and/or other Account Holders using Mattewers.com's services. Mattewers.com reserves the right to select the computer for the client’s web site for best performance. If the client breaches this Agreement, then Mattewers.com has the right to terminate service without any refunds of the unused portion prepaid by the client.

The client agrees to indemnify and hold harmless both Mattewers.com and other clients from any and all claims an/or costs (including legal costs) resulting from the clients use or abuse of their service in any manner. If at any time, the client breaches any part of this contract and Mattewers.com has to engage the services of an attorney, then the client will pay any and all of the Mattewers.com's reasonable attorney fees and court costs. The client agrees to indemnify and hold Mattewers.com harmless from and against, and to reimburse Mattewers.com with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) of every nature whatsoever incurred by Mattewers.com by reason of or arising out of or in connection with (i) any breach of this Agreement by the client, (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content on the Site, or (iii) illegal, libelous, slanderous, dangerous or defamatory content on the website.

Mattewers.com does not offer any warranty or guarantee other than those expressly stated in the Terms of Service.

Rights & Copyright

Generally and unless otherwise specified:

Copyright to any finished assembled works produced by Matt Ewers/mattewers.com is owned by Matt Ewers/mattewers.com. Upon project completion, final and complete payment of all amounts due (including any incurred late payment or other fees and charges), the client is assigned rights to use the design, graphics, and text contained in the finished assembled work in the manner set forth in the agreement, contract or brief.  

Rights to photos, graphics, source code, work-up files, parent files and computer programs are specifically not transferred to the client, and remain the property of their respective owners.  Matt Ewers/mattewers.com retains the right to display graphics and other elements as examples of work in portfolios or other similar display & showcases.


Right to Refuse Service

Mattewers.com reserves the right to refuse services to any client. In the event that a client does not abide by the provisions set out in this agreement or if Mattewers.com deems the client to be a hindrance to Mattewers.com, the client will be blacklisted and Mattewers.com will not provide any services to the client in the future. In such an event, Mattewers.com may give the client up to 15 (fifteen) calendar days notice to find another provider for their web hosting needs.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Mattewers.com reserves the right to refuse services to any potential client, even before any services have been provided to the client.

 

Mattewers.com reserves the right to amend our Terms and Conditions at any time and without notice.
As changes to this policy are posted from time to time, it is a client's responsibility to revisit this page periodically. We suggest you check for changes periodically.

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