Terms and Conditions
1. SERVICE DESCRIPTION: As a World Wide Web presence provider, MDK operates dedicated server computers which are integrated into the Internet. These servers send and receive information in relationship to the World Wide Web. Customer wishes to connect to the World Wide Web utilizing the hardware and software resources of MDK to establish an Internet web presence on one of MDK's servers or Customer’s servers and may also be contracting MDK to register Customer's domain name, provide web design, programming or other such Internet-related services.
2. CONDITIONS: The order form and this Agreement constitute a binding contract between MDK and the Customer and does not extend to any other person or entity. Customer may resell to third parties (excluding non-domain accounts) but is responsible for third party activities, billing and content, and is bound by the terms under this Agreement. Cancellations after the order form has been received and web space is set-up will still hold the Customer responsible for costs incurred by MDK concerning the set-up of the web space and domain name registration or other such services provided by MDK as authorized by the Customer.
3. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that MDK makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that MDK shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by MDK is at the Customer's sole and absolute risk. MDK specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
5. LAWFUL USAGE: Customer agrees to use services provided by MDK for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material MDK judges to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The Customer agrees to indemnify and hold harmless MDK from any claims resulting from the use of the service which the Customer uses to cause damage to other parties. Hacking/port scanning programs shall not be allowed.
6. CONTENT RESTRICTIONS: Pornography and sex-related websites are prohibited on MDK servers. MDK will be the sole arbiter in determining violations of this provision. If pornography is found on an MDK server, the offending domain will be deleted immediately without warning and absolutely no refunds will be given.
7. UNSOLICITED EMAIL: MDK takes a zero-tolerance approach to unsolicited commercial advertisements (spam) originating from MDK servers or for spam advertising of domains hosted on our servers. Customers who violate this policy will have their accounts shut down without warning and absolutely no refunds will be issued. MDK will be the sole arbiter in determining violations of this provision.
8. DOMAIN NAME: If MDK shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against MDK for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by MDK for any reason.
9. PAYMENT: Any set-up fee(s) and payment for the first month of service is due at the time the order form for hosting is filled out and returned to MDK. Set-up fees are nonrefundable. Subsequent payments for hosting services are due according to the selected fee schedule following the establishment of the web space on the Internet. After the initial month, Customer will be billed on the frequency listed on the MDK Hosting Form. Payments are to be made in the form of a check or money order only. In the event that the Customer fails to pay for such services, MDK shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made and require prepayment. No refunds will be issued after the first thirty (30) days of account activation.
10. LATE FEES: All Invoices receive at least a fifteen (15) day grace period after the terms as listed on the MDK Hosting Form. Payment must be received by (not postmarked by) the due date stated on Customer's Invoice or a late charge of $25 will be applied to the Customer's account. Late charges are non-negotiable. Invoices over thirty (30) days past due will also incur an additional 5% per day finance charge. Other charges, such as reactivation charges may also apply if applicable.
11. BILLING INFORMATION CHANGES: Customer agrees to keep their billing/email information up-to-date with MDK. If Customer does not receive an Invoice because their email has changed and MDK was not notified, Customer is still liable for any late fees and financial charges incurred on their account. Customer understands it is their responsibility to keep their account records up-to-date.
12. CGI SCRIPTS: If Customer wishes to install their own CGI/Perl scripts, they agree to accept complete financial responsibility for any damages these scripts cause to the server.
13. CANCELLATIONS: All accounts are automatically renewed upon expiration date until cancelled by Customer. If Customer wishes to cancel their account, a thirty-one (31) business day advance notice from the day of renewal is required in writing by email or fax from the Administrative or Webmaster contact email address MDK has on file for the account. Domain registration renewal cancellations require a thirty-one (31) day advance notice from the day of renewal. Customer is liable for all hosting fees up until the day of their cancellation. If Customer has pre-paid for their account and decides to terminate services before the end of the pre-paid term, Customer understands there will be no reimbursement and no pro-rated refunds regardless of the reason for the termination.
14. UNILATERAL SERVICE REVOCATION: In the event that MDK may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, or the Customer has failed to make payment by due date stated on Invoice, MDK may immediately discontinue such service to the Customer without liability.
15. AUTHORITY TO EXECUTE: The person filling out the order form for this service represents and warrants that he or she has full power to enter into this Agreement and hasn't assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this Agreement.
16. CAPTIONS: The section headings and captions contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this Agreement.
17. SECURITY: The Customer is required to protect the security of its Internet account and usage. The Customer(s) password will be treated as private and confidential and not disclosed to or shared with any third parties unless required by law.
18. EXCESSIVE SERVICE USAGE: Customers are restricted from using excessive amounts of CPU processing, network bandwidth or other shared resources provided by MDK. Judgments of excessive usage are determined solely by MDK and will be considered in comparison to other MDK customers using similar services. MDK will contact customers with resource intensive requirements and attempt to accommodate such needs. In the case that an agreement cannot be made to the satisfaction of both MDK and the customer, and that the customer continues to use excessive resources, MDK reserves the right to immediately terminate any customer account associated with excessive resource usage.
19. COMPLIANCE WITH LAWS: The Customer will ensure that their use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries.
20. VALIDATION OF INFORMATION: The Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet.
21. SEPARABILITY: If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed separable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms.
22. INDEMNIFICATION: The Customer shall indemnify and hold harmless MDK from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against MDK on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
23. CHANGES IN TERMS OF AGREEMENT: MDK reserves the right to make changes to the terms and conditions of this Agreement at any time. MDK will communicate changes to this Agreement to Customer within thirty (30) days of change, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has pre-paid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
24. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the order form for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
25. GOVERNING LAW: This Agreement shall be governed by the laws of St. Louis County, Missouri, in the United States of America. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences shall remain in full force and effect.
26. ARBITRATION. Any dispute arising under this agreement shall be resolved by binding arbitration in the county of St.Louis, Missouri and under the rules of the American Arbitration Association.