January 8, 2019
Whereas, DreamHost Web Hosting is an information provider connected to the Internet DreamHost Web Hosting offers storage and transfer services over the Internet through access to its Web Server;
Whereas, MTech Services purchased services from DreamHost Web Hosting, on behalf of its customers;
Whereas, MTech Services must abide by DreamHost Web Hosting’s Terms and Conditions;
Whereas, these terms of service are a combination of MTech Services’ and DreamHost Web Hosting terms and conditions;
Whereas, Customer seeks to utilize MTech Services hosting on DreamHost Web Hosting’s server for its own purposes;
Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, MTech Services and DreamHost Web Hosting can make no guarantee that any given reader shall be able to access DreamHost Web Hosting’s server at any given time.
DreamHost Web Hosting represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
MTech Services represents that it shall make every good faith effort to ensure that it will respond quickly to any service interruptions;
Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;
- Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
- Customer agrees that all charges and fees associated with an account are their sole responsibility.
- If the customer wishes to cancel MTech Services shared Web Hosting services within ninety-seven (97) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded on prorated terms.
- Services provided by 3rd parties and MTech Services partners are not part of the 97-day refund policy and no early ending credit applies. Billing will stop at end of term during which the service is canceled.
- At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing. After the first 97 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
- “97-Day Money-Back Guarantee” refunds can only be processed for shared hosting. Domain registrations are not refundable under any circumstances. SSL certificates are non-refundable. The value of any AdWords credit or other third-party add-ons is non-refundable.
- Violations of MTech Services Terms of Service, Acceptable Use Policy, or Spam Policy may, at MTech Services discretion, result in immediate and permanent disablement without refund.
- DreamHost has represented to MTech Services that they will use commercially reasonable efforts to make DreamObjects available 99.9% of the time during each monthly billing cycle.
- For the purposes of this agreement, Unavailability means that either (a) the DreamObjects service is unresponsive, or (b) DreamObjects returns a server error response to valid user requests for more than 60 seconds of consecutive requests.
- Unavailability that is a result of scheduled maintenance is excluded from these conditions. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month..
- MTech Services shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Material Products (Applies to hosting only services)
- Customer will provide DreamHost Web Hosting with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of DreamHost Web Hosting or MTech Services. DreamHost Web Hosting and MTech Services shall make no effort to validate this information for content, correctness or usability.
- Use of MTech Services’ hosting only plans on DreamHost Web Hosting’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.
- The following examples are offered:
- Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
- CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
- The Customer agrees that he or she has the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of DreamHost Web Hosting or MTech Services to provide this knowledge or Customer Support outside of the defined service of MTech Services.
- MTech Services and DreamHost Web Hosting will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
- MTech Services and DreamHost Web Hosting reserve the right to police its network to verify compliance with all agreed upon Terms.
- The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
- MTech Services and DreamHost Web Hosting reserve the right to disconnect any website or server deemed to present a security threat to either MTech Services’ or DreamHost’s customers, servers, or network.
- The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by MTech Services or DreamHost is grounds for termination of all services.
- MTech Services and DreamHost Web Hosting make no warranties or representations of any kind, whether expressed or implied for the service it is providing. MTech Services and DreamHost Web Hosting also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of MTech Services or DreamHost Web Hosting is at the Customer’s own risk, and both MTech Services and DreamHost Web Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any mention of connection speeds associated with DreamHost’s services represents the maximum achievable speed. MTech Services and DreamHost does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection!). MTech Services and DreamHost Web Hosting expressly limit its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
- MTech Services and DreamHost Web Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, MTech Services and DreamHost Web Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on DreamHost Web Hosting’s Server. MTech Services agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of DreamHost Web Hosting. If the Customer fails to modify the material, as directed by DreamHost Web Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
Trademarks & Copyrights
- Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.
Hardware, Equipment, & Software
- The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access their Web Hosting.
- MTech Services and DreamHost Web Hosting make no representations, warranties or assurances that the Customer’s equipment will be compatible with the DreamHost Web Hosting service.
- The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.
- This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. MTech Services will accept termination by electronic mail. Notwithstanding the above, MTech Services may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. MTech Services reserves the right to charge a reinstatement fee.
- Customer expressly agrees that use of DreamHost Web Hosting’s Server under MTech Services’ account is at Customer’s sole risk. Neither MTech Services, DreamHost Web Hosting, their employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that MTech Services’ web 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 Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the MTech Services Server service, unless otherwise expressly stated in this contract.
- Under no circumstances, including negligence, shall MTech Services, DreamHost Web Hosting, its offices, agents or anyone else involved in creating, producing or distributing DreamHost Web Hosting’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the DreamHost Web Hosting Server 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, communication failure, theft, destruction or unauthorized access to DreamHost Web Hosting’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on DreamHost Web Hosting’s Server service.
- Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
- Customer agrees that it shall defend, indemnify, save and hold MTech Services and DreamHost Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against MTech Services, DreamHost Web Hosting, their agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless MTech Services and DreamHost Web Hosting against Liabilities arising out of
- any injury to person or property caused by any products sold or otherwise distributed in connection with MTech Services and DreamHost Web Hosting’s Server;
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement;
- any defective product which Customer sold on DreamHost Web Hosting Server.
Customer agrees to comply with all applicable export and reexport control laws and regulations, trade and economic sanctions. Specifically, Customer covenants that it shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from MTech Services, DreamHost, and other 3rd-party vendors under this Agreement to any destination, entity, or person prohibited by the laws or regulations of Canada and the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, MTech Services and DreamHost from and against any fines or penalties that may arise as a result of Customer’s breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.
Customer agrees to abide by the terms set forth in this document as well as other DreamHost policy documents including, but not limited to:
Customer also agrees to abide by all applicable Terms set forth by all MTech Services’ partners, subsidiaries, and 3rd-party vendors including DreamHost.
Customer may not transfer this contract without the written consent of MTech Services.
These Terms and Conditions constitute the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.