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Terms or Service Email Marketing Email Marketing Affiliate Marketing Dental Marketing Hotel Marketing Newsletter Marketing Real Estate Marketing Restaurant Marketing Retail Marketing Travel MarketingZillionSMTP VPS Mail ServersDefendedServers Start Live Help Chat Terms or Service This HostingTry-on(the "Agreement") is by and between MMS (Mass Mail Servers) ("MMS") and the consumer ("Customer"). ThisTry-on(which includes and incorporates by reference Schedule "1" tying hereto) sets along the terms under which the parties stipulate that MMS will provide unrepealable services toConsumeraccording to one or increasingly of the pursuit specifications: Refund Policy All of our products are non-refundable. You can’t ask refund at any time. Late Payment Fees Declined payment – $10/authorization struggle Server/Service reinstatement – $50 TheTry-onwill embark (the "Effective Date") upon payment byConsumerto MMS of the First Month’s Payment. SCHEDULE "1" The pursuit Schedule "1" is by and between "MMS" and "Customer." WHEREAS, MMS is a seller of internet network and connectivity services offering storage, connectivity, and transfer services over the Internet through wangle to its server network and leased connectivity; WHEREAS,Consumerseeks to utilize said services for its own purposes; WHEREAS, the parties unclose that the Internet is neither owned nor controlled by any one entity; therefore, MMS can make no guarantee that any given reader shall be worldly-wise to wangle MMS’s services at any given time; WHEREAS, MMS represents, however, that it shall make every good-faith effort to ensure that its services are misogynist as widely as possible and with as little service interruption as possible; and NOW THEREFORE, in consideration of the bilateral promises contained herein, the parties stipulate as follows: I. Services: MMS shall provide toConsumerstorage space on, and wangle to, the servers, equipment, and bandwidth as outlined in the Service Table (collectively, the "Hosting Service"). At no spare charge, MMS shall monitor and maintain the Hosting Service in good working order through qualified, on-site personnel, during MMS’s normal merchantry hours (i.e., 9:00 a.m. to 6:00 p.m., Monday through Friday, Central Time). MMS shall operate and maintain the Hosting Service at a locked and secured location, with wangle restricted to MMS’s employees, agents, or technicians. MMS shall provide unobjectionable firewall protection in order to secure Customer’s content and other proprietary information stored on the Hosting Service from unauthorized wangle by third parties. MMS is not responsible for any data loss or backups in specimen of server crash. MMS shall use its weightier efforts to expediently replace and/or repair any hardware failure that may occur in connection with the Hosting Service. II. Financial Arrangements:Consumeragrees to a month to month contract for zillion email hosting, smart hosting, semi defended and defended servers and 12 months contract for Domains.., whence upon the "Effective Date." The first (1st) month’s payment, as outlined in the Service Table, is due on signing of this Agreement. From the 2nd month onward,Consumerwill be billed monthly in whop for the recurring monthly fee outlined in the Service Table. ThisTry-onwill automatically renew every month unless canceled in writing prior to 24 hours surpassing the renewal date. III. Taxes: MMS shall not be liable for any taxes or other fees to be paid in vibrations with or related to purchases made from Customer’s Hosting Service.Consumeragrees to take full responsibility for all taxes and fees of any nature associated with such products or services sold. IV. Material and Products: Use of web services requires a unrepealable level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the predictable use and desired content of web services by the Customer. MMS and contracted technicians are misogynist on a consultant understructure to squire in any needs of theConsumerat a prearranged cost. MMS will exercise NO tenancy whatsoever over the content of the information passing through the Hosting Service. Scalability –Consumermay scale the Hosting Service either to a higher or lower plan at any time. Any changes made to Customer’s server storage or bandwidth typecasting will wield for a minimum of one month. V. Trademarks:Consumerwarrants that it has the right to use the workable trademarks, if any, and grants MMS the right to use such trademarks in connection with said Server service. VI. Hardware, Equipment & Software:Consumeris responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to wangle MMS’s server. MMS makes no representations, warranties, or assurances that the Customer’s equipment will be uniform with the Web service. MMS agrees that all server-related issues, including but not limited to server hardware, network connectivity, network-level administration, server operating system and web server software fall under MMS’s responsibility for maintenance and quality control. All other issues, content-related and otherwise, remain solely the responsibility of the Customer.Consumeragrees not to copy, duplicate, transmit, compile, or mirror any proprietary server software installed on leased servers by MMS. This includes any custom scripting, security robots, log utilities, virtual installation robots, worth maintenance software, and any other utilities installed by MMS.Consumerunderstands that any unauthorized copying as stated herein will result not only in violate of this contract, but moreover all copyright and "intellectual property" protection laws, federal, provincial and local, that may apply. VII. Age: If an individual, theConsumercertifies that he or she is at least 18 years of age. VIII. Internet Etiquette: Electronic forums such as mail distribution lists and UseNet news groups all have expectations regarding subject zone and towardly etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. IX. Network Security:Consumeris prohibited from utilizing MMS’s services to compromise the security or tamper with system resources or finance on computers at the premises or at any third party site. Specific activities that are prohibited include, but are not limited to: 1. Use or distribution of tools designed for compromising security. 2. Unauthorized wangle to or use of data, systems, or networks, including any struggle to probe, scan, or test the vulnerability of a system or network or to violate security or hallmark measures without express passport of the owner of the system or network. 3. Unauthorized monitoring of data or traffic on any network or system without express passport of the owner of the system or network. 4. Deliberate attempts to overload a system and unconcentrated attacks. 5. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. 6. Intentionally or negligently transmitting files containing a computer virus or corrupted data. X. Email: Sending unsolicited email messages, including, without limitation, commercial razzmatazz and informational announcements, is explicitly prohibited.Consumerwill not use flipside site’s mail server to relay mail without the express permission of the site. It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes, or in any way points to a location inside MMS’s network. XI. Termination:Consumermay terminate thisTry-onupon 30 days prior written notice to MMS at the whilom address. MMS will not refund any prior payments for services provided up to the stage of termination. ThisTry-onmay moreover be terminated if the other party (x) commits a material default (which, in the specimen of Customer, will include any failure to make any payment when due) and fails to rectify such default within 10 days without stuff given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days without filing. Only legal prescription by a magistrate with full jurisdiction may nullify thisTry-onotherwise. XII. Money Back GuaranteeConsumermay request a refund within 24 hours of the EffectiveStageupon written notice to MMS at the whilom address. MMS may refuse to refund a Customer’s payment if theConsumercommits a material default.DefendedServers has no refund at all. XIII. Warranties: MMS represents and warrants that: (i) all of the services to be performed by it hereunder will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable, trained and qualified personnel; (ii) the Hosting Service shall be wieldy to Internet users twenty-four (24) hours per day, seven (7) days per week, with the sole exception of scheduled maintenance periods. (iii) If the Hosting Service becomes unavailable to users, other than for scheduled maintenance, MMS shall have qualified personnel respond in the form of an on-premises service undeniability within one (1) hour of notification of such unavailability and shall, to the extent reasonably practicable, remedy such unavailability at such time. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, MMS MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. XIV. Limited Liability:Consumerexpressly agrees that use of the Hosting Service is at Customer’s sole risk. Neither MMS, or its contracted providers, their employees, affiliates, agents, third parties, information providers, merchants, licensers or the like, warrant that the Hosting Service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Hosting Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Hosting Service services, unless otherwise expressly stated in this Agreement. Under no circumstances shall MMS, its contracted providers, officers, agents, or anyone else involved in creating, producing, or distributing Customer’s Hosting Service service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Hosting Service service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, liaison failure, theft, destruction or unauthorized wangle to Customer’s records, programs or services.Consumerhereby acknowledges that this paragraph shall wield to all content on said Hosting Service. MMS agrees to provide reasonable replacement services to protect Customer’s data that resides on MMS’s server and network as standard part of service. Notwithstanding the above, Customer’s sectional remedies for all damages, losses, and causes of deportment whether in contract, tort including negligence or otherwise, shall not exceed the volume dollar value whichConsumerpaid during the term of this Agreement. XV. Lawful Purpose:Consumermay only use Server for lawful purposes. Transmission of any material byConsumerin violation of any federal, provincial, or local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening, including materials featuring violent depictions, child pornography, or material protected by trade secrets. This moreover includes links or any connection to such materials. XVI. Indemnification:Consumeragrees that it shall defend, indemnify, save and hold MMS harmless from any and all demands, liabilities, losses, financing and claims, including reasonable attorneys’ fees, (collectively "Liabilities") asserted versus MMS, its contracted providers, agents, customers, servants, officers and employees, that may upspring or result from any service provided or performed or well-set to the performance of any product sold by Customer, its agents, employees or assigns.Consumeragrees to defend, indemnify and hold harmless MMS versus Liabilities welling out of (i) any injury to any person or property caused by any products sold or otherwise distributed in connection with the Hosting Service; (ii) any material supplied byConsumerinfringing or tangibly infringing on the proprietary rights of a third party; or (iii) copyright infringement and/or litigation regarding content-related disputes. XVII. Miscellaneous: 1. Notices. Every notice, approval, request, authorization, direction or other liaison under thisTry-onwill be given in writing to the party at the write first set along whilom for such party and will be deemed to have been delivered and given for all purposes (i) on the wordage date, if delivered personally; (ii) one merchantry day without petrifaction with a commercial overnight carrier, with written verification of receipt, if sent by courier; (iii) upon completion of transmission, if sent via facsimile with a confirmation of successful transmission; or (iv) upon personal acknowledgement by the recipient, if sent by email. 2. Assignment.Consumermay not assign thisTry-onor any of its rights or obligations or the license hereunder, without the prior written consent of MMS. 3. Reservation of Rights. MMS reserves all rights not specifically granted herein. 4.UnshortenedAgreement. ThisTry-onand the Schedules constitute the unshortened try-on between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. 5. No Waiver. No failure or wait in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. 6. Severability and Reformation. If any portion of thisTry-onis unswayable to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for thisTry-onto remain in effect in vibrations with its terms as modified by such reformation. 7. Remedies Not Exclusive. The remedies misogynist to the parties under thisTry-onare cumulative and not sectional to each other, and any such remedy will not be deemed or construed to stupefy any right which either of the parties is entitled to seek at law, in probity or by statute. 8. Relationship. The relationship of MMS toConsumerwill be that of an self-sustaining contractor, and neither MMS nor any employee of MMS will be deemed to be an wage-earner or employee of Customer.  UndeniabilityNowUndeniabilityNow: +1(814)817-5560 Accepted Here! Quick Links MMS Blog Email Marketing About UsZillionSMTP Anti Spam PolicyDefendedSmtp Servers Privacy Policy Email Marketing Tips Terms of Service Payment Methods Contact Us Refund Policy Partners   Copyright © 2010-2018 massmailservers.net. Email Marketing▼Email MarketingAffiliate MarketingDental MarketingHotel MarketingNewsletter MarketingReal Estate MarketingRestaurant MarketingRetail MarketingTravel MarketingBulk SMTPVPS Mail ServersDedicated Servers