Terms and Conditions of Use
This AGREEMENT between Enrique Arenas/MKM©. (Hereinafter referred to as “The Provider”) and Account Holder (hereinafter referred to as “CLIENT”) WHEREAS The Provider. provides the service including but not limited to that of Web Design, Web Hosting, Domain Name Registration Service, E-mail Service, and File Upload Service (the “Service”); AND WHEREAS the Client desires to subscribe to the Service on the terms and conditions contained herein; now THEREFORE in consideration of the mutual agreements contained in this Agreement, The Provider And the Client agrees as follows:
Detailed Terms of Service
A) Client agrees to a month to month contract, beginning after Provider’s receipt of a signed contract by mail with payment.
B) Payment is due the 5th day of each month. If payment is not received at 12:01 A.M. of the 10th day of the month a late charge of $20 will be applied. If payment is not received by the 20th day of the month the account will be terminated.
C) Provider reserves the right, in its sole discretion, to deactivate the Clients account upon an indication of credit problems including delinquent payments.
D) Prices for services are subject to change without notice.
E) You are allocated 900 MB of total disk space. If you exceed this quota, you will automatically be billed at the rate of $0.20/MB per month. Please note that this excludes database storage, for which you get 25 MB by default, access logs (with the exception of archived logs, if explicitly enabled), FrontPage Extensions, and anonymous FTP, for which you are allocated 5 MB.
F) The Provider do not provide any kind of financial services; all projects will be paid almost 50% in advance to start the job.
G) the Client agrees to pay if the payment is received after 30 to 45 days the 10% over total cost of the project. Payments after 45 days will pay 15% over total cost of the project.
H) The final payment will be made no more than 30 days after finished the project. Any payments received after these terms will be incur in an extra cost.
I) The unfulfillment of the contract with out a write notice by the client will be incur in to the full payment of the contract.
1. The Service
THE PROVIDER’S SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE WEB HOSTING, WEB DESIGN OR OTHER SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF THE MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS.
The Provider services include but are not limited to the following: Web Design, Graphic Design, TV commercial direction and production, Industrial Design, Domain hosting, POP and web-based e-mail, and file upload (FTP). The Provider does not place banners on the Clients’ web sites although the Clients may choose to do so in accordance with all regulations set out by The Provider, the province, and the country. The Provider. Will not charge a the Clientship fee for the aforementioned services unless the Client chooses to use optional services that are subject to a fee. the Client is, however, entirely responsible for:
i. all fees and/or charges related to domain name registration and/or renewal;
ii. Presenting available payment upon due date for any of The Provider’s paid services; if account(s) has outstanding balance, The Provider. Reserves the right to suspend all services associated to the Client and/or the Client credit card number until amount is paid in full*
* Reactivation service charges will apply for accounts suspended due to account outstanding balance problems
2. the Client Information
To be able to use the Service, the Client must complete a proper registration process. the Client agrees to:
i. provide current, complete and accurate personal information (referred to as the Registration Data) as requested by the Service;
ii. Maintain and update this information to keep it current, complete, and accurate.
The Provider does not sell or disclose any Registration Data to a third-party unless:
i. the Client voluntarily discloses such information to another party;
ii. the Client expressly directs The Provider to release such information;
iii. The Provider is required to disclose such information by any applicable law or legal process served on The Provider.
the Client may choose to display advertising banners on own web site, provided that the advertisements are not of illegal, pornographic, or discriminatory nature. the Client may also enter into correspondence with or participate in promotions of the Advertisers whose banners are displayed on own or other the Clients’ web sites. Any such correspondence or participation, including the payment and delivery of products and services, and any other terms, conditions, warranties or representations associated with such correspondence or participation, are solely between the corresponding the Client and the Advertiser. The Provider assumes no liability, obligation or responsibility for any part of any such correspondence or participation.
The Service is subject to the following limitations:
i. the Client agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate or unreasonable amount of the resources of the The Provider server;
ii. the Client shall not include content or Internet links to content on the Site that may contain, promote, or involve the following:
a. any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
b. nudity or pornography;
c. content that exploits children under 18 years of age;
d. hate propaganda;
e. racist, threatening, or otherwise abusive content;
f. content promoted through the sending of unsolicited e-mail (also known as spamming);
g. sending of unsolicited e-mail (spam) from the The Provider server, or any other server that refers to content on the The Provider server, or sending such e-mail with a The Provider -hosted web site listed as the contact address;
h. mail fraud, multilevel marketing (pyramid) schemes or other fraudulent activities;
i. the promotion or incitement of, or instruction for, the commission of illegal activities;
j. information or other material that contains a virus, corrupted data or other harmful or damaging component.
5. the Client Account, Password, and Security
A password and an account are provided to the Client upon completion of registration. the Client is entirely responsible for
i. maintaining confidentiality of the password and account;
ii. All consequences of voluntary disclosure of password and account information;
iii. Any and all activities that occur under the Client’s account.
the Client agrees to notify The Provider immediately of any unauthorized use of the Client’s account or any other breach of security known to the Client.
The Provider requires all cancellations to be made in a written request (paper or electronic). There is no cancellation fee. All yearly and monthly hosting fees paid for service up to the notice of cancellation after the 15-day trial period is nonrefundable. Promotional offers bundled with hosting services are subject to payment if cancellation occurs within the first 5 days of services.
The payments received in advance for any of our services are nonrefundable.
7. Data transfer and web space limitations
In order to load balance our servers keeping our services cost effective for our paying the Clients, bandwidth limitations and web space is limited to a maximum of 15GB of data transfer and 100MB of web space depending on the Clients account type. Exempt accounts will be required to pre-established a different set of bandwidth limitations before hosting account is created. the Client agrees to pay any bandwidth and or web space overages that may occur on their account. Bandwidth overage charge is $100/6GB/yr. Web space overage charge is $120/200MB/yr.
8. Amendments to Agreement
the Client agrees to be bound by any amendments or modifications to this Agreement that are set out, from time to time, by The Provider. Anywhere on this site http://www.enriquearenas.com/
9. Modifications to Service
The Provider reserves all rights to modify or discontinue the Service with or without notice to the Client. The Provider shall not be liable to the Client or any third party should The Provider. Exercise its right to modify or discontinue the Service.
10. No Representations or Warranties
The Service offered by The Provider is on an “as is” basis, with no representations or warranties of any kind, expressed or implied. For greater certainty and without limitation to the generality of the following:
i. The Provider makes no representations, warranties or guarantees of any kind, whether written or verbal, regarding the reliability of the Site provided or any other services offered;
ii. The Provider is not responsible for deleted, altered, or lost data due to network or system outrages, file corruption, accidental deletion, or any other reasons;
iii. The Provider makes no representations, warranties, or guarantees with regards to server reliability, speed or consistency;
iv. The Provider makes no representations, warranties or guarantees as to the accuracy or correctness of any content on any of the Sites and is not responsible for any errors or omissions arising from the use of such information;
v. The Provider makes no representations, warranties or guarantees of any kind of development, system or software made by 3rd parties or by the client in it’s website.
v. The Provider may also include, on its web resources or in newsletters, information provided by 3rd party partners and providers. The Provider does not guarantee or warrant the reliability of this information nor does The Provider recommend any of these services.
11. Limitation of Liability
The Provider is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the The Provider server; or losses or damages arising from the use of the content or services provided by The Provider. For greater certainty and without limitation to the generality of the following:
i. in no event will The Provider be liable to the Client for any direct, indirect, incidental or consequential damages arising out of the Service or in connection with the Site or any other services or products provided to the Client;
ii. The Provider, and its 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 Site;
iii. In no event shall The Provider . be held liable for any damages, whatsoever, as a result of notifying any official of potentially illegal content on the Site, providing copies of the Clients’ web pages to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
the Client agrees to indemnify and hold The Provider harmless from and against, and to reimburse The Provider. with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by The Provider 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, trademark, patent, trade secret or any other intellectual propriety right of any party by content on the Site;
iii. Illegal, pornographic, or discriminatory content on the Site
the Client agrees that The Provider may terminate this Agreement, discontinue the Services at any time with or without notice to the Client in any of the following circumstances:
i. the Client violates any term of this Agreement, any municipal, provincial or federal laws, or any policy set out, from time to time, by The Provider anywhere on this site http://www.enriquearenas.com/
ii. the Client engages in conduct or posts material on the Site that The Provider believes is harmful to other Clients, the business of The Provider or any third-party;
iii. the Client engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the The Provider server;
iv. the Client disputes the terms of this Agreement or any amendment set out by The Provider;
v. The Provider receives complaints regarding the Client or the Site, from other the Clients or third-parties.
vi. the Client provides personal information that is not current, accurate, and complete.
vii. The abandonment of the project, if the client do not continue with the communication process by letter or electronically after a period of 30 days, the provider may continue or discontinue the contract at any moment after the day 31 with or without notice to the Client.
14. Governing Law
i. This Agreement is governed by and construed in accordance with the applicable laws of the State of Florida and the federal laws of USA;
ii. the Client and The Provider agree to submit to the exclusive jurisdiction of the courts of the State of Florida and of USA;
iii. 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;
iv. The Provider’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Provider by writing;
v. the Client and The Provider agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in this Agreement are solely used for the convenience of the parties involved and hold no legal or contractual significance.
Last update: February 12, 2015 – 09:08am