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1. MAXPROM.COM (MAXPROM) makes no warranties of any kind, whether expressed or implied, for the service it is providing. MAXPROM also disclaims any warranty of merchantability or fitness for a particular purpose. MAXPROM will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, customer's or employee’s errors or omissions, or due to the fault of third parties..
2. Services provided to the Customer by MAXPROM may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any country or U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. MAXPROM reserves the right to remove any and all materials which infringe on copyright work.
3. Customer agrees to defend, hold harmless and expeditiously indemnify MAXPROM from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.
4. MAXPROM reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis.
5. Setup fees and deposits, if any, are not refundable.
6. Additionally, CUSTOMER agrees not to utilize the MAXPROM service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited message.
7. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.
8. MAXPROM requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. MAXPROM cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
9. Customer shall ensure that its use of MAXPROM network services shall not disrupt MAXPROM, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, MAXPROM reserves the right to place CPU process limits on the Customer's account to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any MAXPROM user or to any directly or indirectly attached network. Use of MAXPROM connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by MAXPROM shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of MAXPROM service, MAXPROM equipment or any site hosted on any MAXPROM network.
10. Customer warrants that any material submitted for publication on MAXPROM does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. MAXPROM reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
11. If MAXPROM becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, MAXPROM, at its discretion, may, at any time deny access to the challenged material of Customer.
12. MAXPROM will not WILLINGLY host any web site with POLITICAL, PORNOGRAPHIC contents or any CASINO/GAMBLING/PYRAMID sites.
13. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
14. Use of MAXPROM hosting services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.
15. Transferring your domain to another provider does not constitute canceling your MAXPROM account. You must notify MAXPROM to formally cancel your account with MAXPROM to avoid further charges.
16. MAXPROM services are provided on prepaid basis. All payments have to be made before beginning of the month. In case of nonpayment of an account within a specified time, MAXPROM may levy a fine or cancel an account.
17. On occasion, MAXPROM may have a need to communicate with its customers through e-mail issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check e-mail sent to the primary login e-mail address on the account.
18. It is the responsibility of the customer to contact MAXPROM of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account. If you do not agree with some or all parts of this agreement please notify us immediately to begin the closing/cancellation of your account and avoid further charges. All cancellations are subject to 35% cancellation fee.
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