Date of Last Revision: March 16, 2015. This is an Agreement between You (referred to as: “User”) and Maintenancer. (referred to as: “Maintenancer”, “Maintenancer.com” “we”, or “us”), the company that provides content management services and website hosting services as well as general and personalized content, communication tools and forums, and online and downloadable applications, collectively called “Maintenancer” available at https://www.maintenancer.com (referred to as: Site) to enable users to create and publish web sites, hosted by us (referred to as: “User Sites”, “Accounts”, “User Web Sites”, “Clients”). This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. This Statement of Rights and Responsibilities (referred to as: “Statement,” “Terms,”, “Terms of Service”, “TOS” or “SRR”) derives from the Maintenancer Principles, and is our terms of service that governs our relationship with users. By using or accessing Maintenancer, you agree to this Statement, as updated from time to time. We reserve the right to change these Ters at any time. We encourage you to check our Terms and Privacy Policy whenever you use the service to see if it has been updated since your last visit. Your use of the Site after the revised version of this page has been posted will constitute your consent to such revised Terms.

100% SATISFACTION GUARANTEE

All services provided by Maintenancer include a 30-day Money Back Guarantee unless otherwise outlined in our Terms Of Service. If you are not completely satisfied with our services for any reason within the first 30 days of your contract, you will be eligible for a full refund of the Access Fee (as defined in the following section). The 30-day Money Back Guarantee only applies to the purchase of services and/or products made at the initial point of Customer’s sign-up, and is limited to a maximum of one (1) refund per Customer.

The Access Fee is defined as the base monthly access fee paid by Customer for use of the applicable Maintenancer service at the amount of data transfer and resources allowed each month, without additional charge, and is excluding third party fees, fees for additional services, customized orders that require special hardware to be ordered, and other types of options. Such excluded fees will vary by the type of applicable service, and may consist of fees for local loop, custom software configuration, software licensing fees paid to a 3rd party such as Microsoft or cPanel, extra and/or burstable bandwidth, add-on components, extra IP addresses, hourly support charges, paid domain registration fees to a third party, paid SSL certificate registration fees to a third party, electricity when an additional fee is charged for such an item, shipping and handling where applicable, and managed services.

Maintenancer reserves the right to arbitrate and delimit on a per-situation basis the extent to which this Guarantee applies, and may, in the case of abuse of our services on the part of Customer; as defined in the Terms Of Service, void the 30-Day Money Back Guarantee. Custom service orders, such as unique hardware configurations for servers, or orders which require ordering of specialized hardware or hardware add-ons are not eligible for refund. Bandwidth usage beyond 50 GB of data transfer, excessive use of our support services (10 or more support incidents or responses), Operating System Reloads, custom software configuration or setup, or if customer’s service is employed to send or receive any more than one-thousand (1000) emails will result in annulment of this Guarantee.

To activate this guarantee, Customer must submit a written online request to CANCEL their service by opening an online support ticket in the Maintenancer Client Area. This must be submitted prior to the first 30 days after Customer sign-up. To insure the privacy and security of both the Customer and Maintenancer, requests must be made via support ticket only. Requests for activation of this Guarantee via e-mail, telephone, fax, physical mail, or any other means will not be processed.

Service Level Agreement

As described below, Maintenancer SLA provides commitments based upon goals in three key areas:

1. Network Service Availability: The network will be available to Customer free of network outages for 100% of the time.
2. Network Service Latency: The average monthly Latency (speed) of the Maintenancer Network will not exceed 95 milliseconds round-trip.
3. Network Packet Loss: The average monthly Packet Loss (reliability) of the Maintenancer network will not exceed 1%.

This Service Level Agreement (SLA) applies only to Maintenancer customers receiving service within the contiguous United States who are (i) customers of Maintenancer hosting services, (ii) virtual private server, or (iii) dedicated server customers. This SLA does not apply to other customers of Maintenancer, including, without limitation, those with Dial-up, xDSL, ISDN, and other hosting products not specifically listed in items (i), (ii), and (iii).

Maintenancer is committed to make the Maintenancer network available to Customer free of Network Outages for 100% of the time. A “Network Outage” is an instance in which no traffic can pass in or out of Selected POPs for more than 15 consecutive minutes.

Upon Customer’s request (in accordance with the procedure set forth below), Maintenancer will issue a credit to Customer for Network Outages exceeding the SLA limits occurring during any calendar month that are reported by Customer to Maintenancer and confirmed by Maintenancer’s measurements of the Maintenancer Network. Such credit will be equal to one day’s worth of the monthly Access Fee (as defined below) paid by Customer, for each reported incident exceeding one hour of such Network Outages, not to exceed in any calendar month the Access Fee paid by Customer for that month.

Maintenancer guarantees the replacement of any faultering hardware component within a four (4) hour window from the time one of its technicians verifies its need for replacement. Notwithstanding Maintenancer’s ongoing monitoring of all hardware, Customer assumes sole responsibility for notifying Maintenancer of any interruption of service from such failure. The 4-hour Hardware Replacement Guarantee begins from the point of diagnostic verification of hardware failure after Customer has duly notified Maintenancer. Should hardware replacement require longer than 4 hours, Customer will be notified, and a pro-rated credit of his monthly service fee will be applied to his account.

Maintenancer guarantees that electrical power will be available 100% of the time (excluding scheduled maintenance). Included in this guarantee are all power systems including UPS equipment, power busway, batteries and PDU systems. Power supplies of individual servers are not included under this section, but are covered under Hardware Guarantee.

Maintenancer is committed to keep Average Round-Trip Latency on the Maintenancer Network to 95 milliseconds or less. “Average Round-Trip Latency”, with respect to a given month, means the average time required for round-trip packet transfers between Selected POP’s on the Maintenancer Network during such month, as measured by Maintenancer.

If Average Round-Trip Latency on the Maintenancer Network for a calendar month exceeds 95 milliseconds, then upon Customer’s request (in accordance with the procedure set forth below), Maintenancer will issue a credit to Customer equal to and not to exceed in any calendar month one day’s worth of the Access Fee (as defined below) paid by Customer for such month.

Customer must first report a loss of service by opening an online support ticket via the Maintenancer Client Area with information on the nature of the outage. To request credit, customer may open a second online support ticket within 7 days via the Maintenancer Client Area. This must reference the first support ticket number. Maintenancer will credit Customer only from the time and date stamp of the initial support ticket submittal, and only if commensurate with the definitions of service outages in this agreement. To insure the privacy and security of both the Customer and Maintenancer, reports of outages and requests for credits per this Agreement must be completed via support ticket only. Requests via e-mail, telephone, fax, physical mail, or any other means will not be processed.

Notwithstanding anything in the SLA to the contrary, Customer shall not receive any credits under this SLA if customer has been delinquent on any bills or payments within the past 90 days, or found in violation of any Maintenancer Terms of Service.

Maintenancer reserves the right to change or modify this SLA at any time effective upon the posting thereof on this website. Except as set forth in this SLA, Maintenancer makes no claims regarding the availability or performance of the Maintenancer Network or Maintenancer services.

ELECTRONIC COMMUNICATIONS

When you visit Maintenancer or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

CONTENT

All products and services provided by Maintenancer may be used 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, European Union law or United Kingdom law, is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statute. You agree to indemnify and hold harmless Maintenancer from any claims resulting from the use of the service which directly or indirectly damages any other party.

COMMERCIAL ADVERTISING AND BULK EMAIL

Maintenancer takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Maintenancer may not use or permit others to use our network to partake in UCE or SPAM distribution. Customers of Maintenancer may not host or permit hosting of sites or information that is advertised by UCE or SPAM sent from other servers or networks.

In addition to U.S. Federal Trade Commission (FTC) definitions, SPAM is further defined as any email that is sent to a recipient that did not ask for it to be sent to them or any email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In for email correspondence purposes. Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. Maintenancer will be the sole arbiter as to what constitutes a violation of this provision and may take actions including, but not limited to, immediate service disconnection or suspension to ensure the quality of our network.

Users who:
Maintain email lists
Send emails to more than 10 recipients at a time
Send more than 1,000 emails in a 30-day period

…must maintain complete and accurate records of all consents and opt-ins and provide such records to Maintenancer upon its request and allow any party sent email to remove itself automatically and permanently. If a user cannot provide positive and verifiable proof of such consents and opt-ins, Maintenancer will consider the mass mailing to be unsolicited and take appropriate action to ensure the quality of our network.

Other prohibited activities related to email include, without limitation, the following:

Use of Maintenancer Network for the receipt of replies to unsolicited mass e-mail
Forgery of e-mail headers (“spoofing”)
Spamming via third-party proxy, ip tunneling, aggregation of proxy lists, or installation of proxy mailing software
Configuration of any server to accept and process third-party messages for sending without verified user identification and authentication (open-relay mailers)
Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”)
Hosting web pages or providing services that support bulk emailers or SPAM
Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, USENET posts, pop-up messages, instant messages, or SMS messages
Configuring or altering a server in such a way as to defeat remote anti-SPAM filters such as trying to send emails out multiple IP addresses on the same server, or using invalid or recently registered domain names to mask the true identity of your emails
Use of any email address on a mailing list that was not opt-in verified by the same IP address and domain used to send outbound emails

IP BLACKLIST FEES

If, as a result of a Customer’s actions, Maintenancer’s mail servers or IP address ranges are placed on email black hole lists or other mail filtering software system list, Maintenancer shall charge the Customer $250 upfront and $125/hour thereafter for any necessary investigation and corrective work.

INTERACTION WITH CUSTOMER SERVICE

The Maintenancer customer service team takes great lengths to provide polite, prompt and excellent customer service at all times. For the safety, wellbeing, and protection of our staff and their families we have a zero tolerance policy in regards to abuse of our staff. You may not threaten, bully, intimidate, abuse, shout at, swear at, insult, or otherwise disrespect our staff during any form of business communication including, but not limited to in person, telephone, live chat, fax, postal mail, Email, forum post, blog post, instant messenger, or ticket response. It is not ok to treat another human being abusively, nor is it ok to threaten their livelihood or wellbeing in order to gain a discount, or have someone rush your support request – we have a zero tolerance policy with people who abuse our staff. Violations of this aspect of the Terms of Service is subject to account termination without warning. If such a termination takes place no refund will be given.

PAYMENT AND BILLING

You agree to pay Maintenancer for Products and Services without deduction, or delay for any reason. At any time, Maintenancer may require you to pay a deposit or increase an existing deposit as a condition of providing Services. You authorize Maintenancer to investigate your credit history at any time and to share credit information about you with credit reporting agencies. Payment of all charges is due within three (3) days after the date of invoice, in U.S. currency. Invoices are issued seven (7) days prior to subscription renewal dates (if you bill on the 15th of the month, an invoice is generated on the 8th of the month and must be paid in full by the 15th of the month). Past due accounts that receive payments will have those payments applied to the oldest past due invoices first. Failure to pay any invoice may place the account into default, and could lead to suspension of all services until the account is paid and current. You will be responsible for reimbursing Maintenancer for all costs (including reasonable attorney fees) associated with collecting delinquent or dishonored payments. Accounts not paid in full within three (3) days of the invoice due date may be suspended, or terminated and a reconnection late fee of THIRTY FIVE DOLLARS ($35) may be applied for each service in the overdue invoice. Accounts not paid in full within fourteen (14) days of the invoice due date may be terminated and any past due invoices turned over to our collections service with an additional collections fee of SEVENTY NINE DOLLARS ($79) will be applied in addition to any past due balance and/or late fees. A late fee of 1.5% will be applied monthly for services over 30 days past due.

If you dispute charges on your bill, you must notify Maintenancer in writing of the dispute within sixty days of the date on the affected bill, or else you waive the dispute.

You hereby agree to being billed for your service(s) on an automatic renewal basis and your service(s) will continue to be billed until canceled by you pursuant to the terms of these Terms of Service. All payment periods are for the full period. Example: If you pay for a service on a monthly, quarterly, biannually, annually, biennially, or triennially basis, the service shall remain active (barring it being suspended or terminated pursuant to other terms within these Terms of Service) for the full billing period and no prorated amount shall be refunded should you decide to cancel the service prior to the end of the billing period. In cases where Maintenancer provides or offers a refund or service credit due to termination of your services prior to the end of a QUARTERLY, SEMI-ANNUAL, ANNUAL, BIENNIAL, AND TRIENNIAL BILLING PERIOD, such refund or service credit shall be calculated based upon converting the service back to the list price (non-discounted) normal monthly rate and applying a $175.00 (one hundred seventy five dollar) early termination fee. If the termination fee exceeds the amount of the prorated refund or service credit, no refund shall be issued.

Upon the expiration or termination of a Service Order/Agreement/Contract under which space is made available to Customer, Customer will surrender the applicable Space to Maintenancer (hereinafter referred to as “Company”) and, within thirty (30) days after the date of such expiration or termination, return the Space to Company in the same condition as it was originally delivered to Customer, reasonable wear and tear excepted. Customer will remove the Equipment from the Space and the Facility and will fully repair any damage to the Facility caused by Customer, including, without limitation, any damage resulting from Customer’s removal of the Equipment from the Space. Any Equipment and/or personal property of Customer not removed within thirty (30) days after the date of expiration or termination of the applicable Service Order will, at Company’s option, conclusively be deemed to have been abandoned by Customer. Company may, upon written notice to Customer, apportion, sell, use, store, destroy, or otherwise dispose of the Equipment or Customer’s personal property without liability to Customer or any other person or entity. Customer will pay all expenses and costs incurred in connection with Company’s disposition of the Equipment and Customer’s personal property, including, without limitation, the cost of restoring the Facility to its original condition and of removing the Equipment or Customer’s personal property from the Facility. Should Customer wish to leave Equipment at Maintenancer for an indefinite period, Customer may do so at a rate of $50.00 (fifty dollars USD) per 1U per month of space occupied.

CONTRACT BUYOUTS, EARLY TERMINATION FEE BUYOUTS

If your current provider imposes an Early Termination Fee, or you have a prepaid contract term that has prepaid time remaining, Maintenancer will compensate you for the remaining prepaid term or pay your Early Termination Fee (ETF) with your current provider (where applicable).

The compensation for remaining prepaid service with your previous provider or ETF payment is applied to your account as a service credit. ETF service credits are applied to accounts on the 93rd day from service commencement date as long as no new service payments have been delinquent.

The total compensation provided by Maintenancer shall not exceed $1,000.00 or the total value of 6 months of service with Maintenancer, whichever is less.

Compensation provided by Maintenancer in the form of service credit may only be used for the hosting service fees, and may not be used for any one-time hardware purchases, third party rebilled services, software licenses, or domain name registrations.

Customer must provide Maintenancer with a copy of their final bill from their former host with the ETF clearly displayed on that bill/invoice or a copy of the prepaid invoice showing the time remaining, and cancellation notice submitted to their former host.

Documentation of the ETF on the final bill must be submitted to Maintenancer within 60 days from the date of service commencement.

Limit 1 ETF buyout per customer once every three years, unless otherwise approved with expressed written consent by Maintenancer.This offer is only available for new service with Maintenancer and may not be used in connection with a current service cancellation or a downgrade of your current service with Maintenancer.

Limit 1 ETF buyout per customer once every three years, unless otherwise approved with expressed written consent by Maintenancer.

FAIR USAGE AND EXCESSIVE RESOURCE USAGE POLICY

Maintenancer provides this section to detail additional policies regarding ‘FAIR USE’ on our network and services to ensure that no single client can consistently consumed all the available resources on a given system, network or server – thereby avoiding any possible degrading of service for other clients who may be sharing the same system(s). No account, server, or service may consistently consume more than 10 % of the resources in total available such as CPU utilization, Disk space, Disk I/O, Memory, web port connections, network bandwidth or network packets per second over a sustained period.

In additional to the above, accounts on any web hosting plan may not run daemons or back ground tasks. Web hosting Accounts may store at most 1 (one) backup of their account in the server’s disk space. Web hosting Accounts may not use the server disk space for storage of backups, file sharing, file storage, and/or any type of content that is not accessible on the web site you are hosting. Users found to be utilizing their web hosting accounts to store multiple backups or violate this policy in any manner may be suspended and/or backups/hosted data removed without notice. Maintenancer will make reasonable efforts where possible to contact the web hosting account holder to offer a paid upgrade to Virtual or Dedicated Server hosting when an account exceeds the resource usage policy limits.

Servers operating under the VPS or Cloud platforms are permitted to run daemons and background tasks so long as they adhere to the above mentioned resource usage restrictions. However, “Bot” applications, such as social media data mining applications, bitcoin mining, video encoding, or unattended applications which consume 100% of disk and or CPU resources for prolonged periods of time are prohibited on these platforms. Dedicated servers and collocated hardware are excluded from these background task limitations.

Cloud customers may not use the service to store backups and must comply with all policies outlined within the above “fair usage and excessive resource usage policy”.

If the resource usage limits are exceeded Maintenancer may, without prior notice or warning, limit access, suspend or terminate the service or account at Maintenancer’s sole discretion. Suspended accounts are subject to termination at Maintenancer’s discretion 30 days after suspension. Web Hosting Accounts that no longer resolve to Maintenancer’s network are subject to termination at Maintenancer’s discretion.

LICENSE AND SITE ACCESS

Maintenancer grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Maintenancer. This license does not include any resale or commercial use of Maintenancer’s websites or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Maintenancer. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Maintenancer and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Maintenancer’s name or trademarks without the express written consent of Maintenancer. Any unauthorized use terminates the permission or license granted by Maintenancer. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Maintenancer so long as the link does not portray Maintenancer, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Maintenancer logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use Maintenancer products and services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Maintenancer only with involvement of a parent or guardian. Maintenancer and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders and or services at its sole discretion.

As a courtesy to all clients who utilize, and pay for, data storage or backup services from Maintenancer, if you exceed the space you have available for data storage or backup services, we will notify you via email of having exceeded your quota. Unless instructed otherwise, by the client, in a timely fashion, Maintenancer, at its sole discretion, although under no requirement, obligation or liability, may increase your data storage or backup storage quota and charge the prevailing rate for such increase in storage space. Maintenancer, its affiliates, assigns, or employees, does not accept any liability for incomplete data recovery under this provision. You are solely responsible for verifying the completeness and accuracy of your backups.

CANCELLATION or NON-RENEWAL

To cancel or elect not to renew any product or service, the customer must submit a cancellation request via the Maintenancer Client Area. Cancellation requests must be submitted at least seven (7) calendar days prior to expiration of the current renewal term. To insure the privacy and security of both the customer and Maintenancer, cancellation must be completed via the Maintenancer Client Center only. No refunds, partial or otherwise, will be issued (excluding our 30 day money back guarantee, if applicable) for any unused portion of any billing cycle or late cancellations. For special promotions, a 50% off promotion, for example, Maintenancer applies those funds at the full value rate to whichever period the funds are covering at the service’s normal rate, and the remaining time is provided at no charge. More specifically – if you purchase a service with a semi-annual billing period at 50% off, Maintenancer applies the full rate to the first three months of service, and the ensuing 3 months of the 6 month term are provided at no charge. As such, any cancellations placed during the time frame in which service is being provided at no charge shall be ineligible for a refund. Furthermore, requests for refunds will only be considered if the cancellation request is for an immediate cancellation. Also, understand that you must have all your data backed-up and off the Maintenancer Network, because immediate cancellations may lead to the immediate and irrecoverable loss of any and all data associated with your service. The 30-day money-back guarantee may only be taken advantage of once by any one customer. Additionally, if you order 3 non-identical services on the same day and cancel all 3 within the 30-day money-back guarantee period, only one of the services will be refunded. Cancellations requests MUST be made seven (7) or more days prior to expiration of the current billing cycle. Cancellations made within the last seven (7) days of the current billing cycle and marked “Cancel at end of billing period” will not be terminated until the end of following billing cycle and the invoice will be due and processed. Cancellations made within the last seven (7) days of the billing cycle and marked “Immediate cancel” will be terminated by midnight of the day of the cancellation request, and the current invoice will still be due and processed per our Terms of Service.

No refunds will be given on customized services/orders, associated setup fees and/or services/orders with explicitly requested and provided IP diversity, unless specified at the time of purchase.

Any orders that have utilized a license for which Maintenancer has paid fees to a third party – such as (but not limited to) Microsoft Licenses, WHMCS Licenses, and cPanel Licenses – are non-refundable. Payments for domain names, for which Maintenancer pays to a registrar, are also non-refundable.

User Sites

If not else stated in the order or provided service, Maintenancer does not approve or control Accounts and does not routinely review or monitor these Accounts. In addition, you understand and acknowledge that business dealings, correspondence or interactions with any User Site and any terms, conditions, warranties or representations associated with such dealings or interactions are not in any way related to Maintenancer. Therefore, you acknowledge and agree that Maintenancer is not responsible or liable in any manner for, and makes no representations or warranties of any kind regarding, the content, functionality, business, legality, accuracy, completeness, quality, reliability, security, usefulness or practices of any Accounts or for any dealings with or transactions conducted on or in connection with these Accounts, if not else stated in the order or provided service. You may not use the name, logo or other trademarks of Maintenancer to imply any sponsorship, affiliation or relationship between you and Maintenancer other than that Maintenancer is hosting your Site.

PRODUCT DESCRIPTIONS

Maintenancer and its affiliates attempt to be as accurate as possible. However, Maintenancer does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered by Maintenancer itself is not as described, your sole remedy is to return it in unused condition and discontinue using said service within five (5) business days.

SERVICE ABUSE

Any attempts to undermine or cause harm to a Maintenancer service or customer of Maintenancer is strictly prohibited. Maintenancer will pursue legal action to the fullest extent for any abuse of Maintenancer or its products or services.

License

If any terms or conditions are failed to be followed, it will result in grounds for service suspension or deactivation. Maintenancer reserves the right to remove any account or service without prior notice. If Maintenancer deactivates your service or account(s) for violating policy, you will forfeit your rights to a refund. No refunds for advance payments on deactivated accounts. Serious offenses may cause immediate deactivation WITHOUT WARNING.

LENGTH OF CONTRACT

The agreement between You and Maintenancer will be effective as of the date you sign up for any Maintenancer Product or Service, and will remain effective until terminated by either party. You agree to any and all changes to the Terms of Service unless you elect to terminate service in writing with Maintenancer via the primary Maintenancer website, www.Maintenancer.com.

TERMINATION

Without limiting other remedies, Maintenancer or its affiliates may limit, suspend, or terminate your use of Maintenancer Products and Services, prohibit access to Maintenancer’s website, remove hosted content such as emails and website data, and take technical and legal steps to keep you off Maintenancer’s network if we suspect that you are in breach of these Terms of Service, or are past due by more than 3 days on your account balance (subscription payment), causing possible legal liabilities, acting inconsistently with the letter or spirit of our policies, your use of any Product or Service degrades the quality and performance of the Maintenancer network, if you purchased Maintenancer Product or Services from an unauthorized reseller, or for other similar reasons, with immediate effect and without recourse to the courts. Maintenancer shall effect such termination by preventing access to your account and to the Maintenancer network as well as delete any website content, data, or domain names stored on our network. If you provided a valid email address, Maintenancer may provide notice to you by email, but is not under obligation to notify you.

All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the agreement, including without limitation, all of your representations, warranties and indemnification obligations.

You acknowledge and agree that any termination of the Service under any provision of this Agreement may be effected without prior notice, and agree that Maintenancer may immediately thereafter delete any and all hosted data, backup files, email files, domain names, account settings, network addresses and any other content within your account that is stored on the Maintenancer network.

FORCE MAJEURE

You acknowledge and understand that if the Maintenancer Service or Products do not function as a result of a force majeure event, Maintenancer will not be in breach of any of its obligations toward you under these Terms of Service. A force majeure event means any event beyond the control of Maintenancer. In the event Maintenancer is affected by a force majeure event, it shall post a notification on the Maintenancer website or contact you directly concerning the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. Maintenancer will not accept any liability for the consequences arising out of a force majeure event.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE, ALONG WITH ITS PRODUCTS AND SERVICES, ARE PROVIDED BY Maintenancer ON AN “AS- IS” AND “AS-AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, AND OUR PRODUCTS AND OUR SERVICES ARE AT YOUR SOLE RISK.

Maintenancer EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Maintenancer MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Maintenancer OR THROUGH OR FROM ANY OF ITS SERVICE PROVIDERS SHALL CREATE ANY WARRANTY ABOVE AND BEYOND THAT WHICH IS EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

License

You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”) uploaded, posted, or stored through your use of the Services. You own all of the content and information you post on Maintenancer, and you can control how it is shared through your account. In addition, for content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission:

  • Non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Maintenancer (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  • When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  • When you publish content or information, it means that you are allowing everyone, to access and use that information, and to associate it with you.

You are granted a limited, non-sublicensable license to access and use Maintenancer services solely in connection with the creation of web sites hosted on Maintenancer. Maintenancer is licensed from the owner Creatory WEB LTD., subject to your acceptance of these Terms. Such license is subject to these Terms and does not include: (a) any resale or distribution of the service; (b) modifying or otherwise making any derivative uses of the Maintenancer, or any portion thereof; (c) use of any data mining, robots or similar data gathering or extraction methods; (d) downloading (other than the page caching) of any portion of the Maintenancer except as expressly permitted; or (e) any use of the Maintenancer other than for its intended purpose. Any use of the services other than as specifically authorized herein, without the prior written permission of Maintenancer, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without need of prior notice. The license granted herein does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher, or otherwise attempt to discover any programming code or any source code used in or with the Services or otherwise distribute in any way the Services other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services, create derivative works based on or in any manner commercially exploit the Services, in whole or in part other than as expressly permitted in this Agreement. Any use of the Services for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is a violation of the copyright, trademark, and other proprietary rights in the Services and is expressly prohibited. You further agree that violations by you, any other person or entity of the terms of this Agreement may be prosecuted to the fullest extent of the law. We reserve all rights not expressly granted in this Agreement.

Content for User Site

Maintenancer may, but has no obligation to (if not else stated in the order or provided service), monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Maintenancer or its customers, or operate the Services properly. Maintenancer, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

All material and services available on Maintenancer servers, and all material and services provided by or through Maintenancer, its affiliates, subsidiaries, employees, agents, licensors, or other commercial partners including, but not limited to, software, all informational text, software documentation, design, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Services”), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret, and other intellectual property laws. All Maintenancer trademarks and service marks, logos, slogans, and taglines are the property of Maintenancer. All other trademarks, service marks, logos, slogans, and taglines are the property of their Account owners.

Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Maintenancer without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.

Maintenancer does not allow any of the following content, or links to such content, to be published on the User Site:

  • Content of a pornographic, sexually explicit, or violent nature.
  • Content of an illegal nature (including stolen copyrighted material).
  • Pirated software sites, including cracking programs or cracking program archives.
  • Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
  • Content or data which would impersonate someone else or falsely represent your identity or qualifications, or that could reasonably constitute a breach of an individual’s privacy.
  • Content that is spam, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).

Rules

Maintenancer Users agree to all of the following:

  1. You must be at least 13 years of age to create an Account and to use the Maintenancer services. By registering, you represent and warrant to us that you are 13 years of age or over.
  2. You will use the service for its intended purpose of the creation and growth of a professional online presence.
  3. You agree not to use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law.
  4. Users may not use the Service as a remote storage server only.
  5. Maintenancer reserves the right to modify, suspend or discontinue its services with or without notice at any time and without any liability to you.
  6. Maintenancer reserves the right to refuse service to anyone at any time with or without notice for any reason.
  7. You acknowledge that the Maintenancer services are provided “as is” and “as available” with all faults, and Maintenancer disclaims all responsibility and liability for the availability, security, operation, and reliability of the Accounts.
  8. Users may not access the Service through automated methods. Use of robots or other computer code which calls the Service, except where explicitly allowed, is absolutely forbidden. The Services may only be used or accessed through an electronic device under the manual control of a User at all times.
  9. Users may not upload individual files larger than 20MB. Maintenancer reserves the right to refuse to host any downloadable file.
  10. Users may not send unsolicited messages using Maintenancer servers (also known as junk mail or SPAM) to promote any website published on the Service.
  11. Users may not upload, post, email, transmit or otherwise make available or initiate any content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or any Maintenancer user.
  12. Users may not use the Services to impersonate another person.
  13. Users are not permitted to knowingly allow another website or hosting server to link to content files stored on Maintenancer servers. Users deemed to be using Maintenancer solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.
  14. Users are not permitted to get advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods.
  15. You will not use the Maintenancer for any unlawful purposes.
  16. You will not provide any false personal information to Maintenancer, or create an account for anyone other than yourself without permission.
  17. You will ensure the email address provided in your account registration is valid at all times. Maintenancer reserves the right to terminate any account that does not include a valid email address on file.
  18. You will keep your contact information accurate and up-to-date.
  19. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  20. You will not transfer your account to anyone without first getting our express written permission.
  21. You will not attempt to or actually override any security component included in or underlying Maintenancer.
  22. You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Maintenancer infrastructure, including, but not limited to, sending unsolicited communications to other users or Maintenancer personnel, or attempting to gain unauthorized access to the Maintenancer servers.
  23. Though we make daily backups, you agree that Maintenancer has no responsibility or liability for the deletion of or the failure to store or to transmit any Content maintained by Maintenancer and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Account at your sole cost and expense (if not else stated in the order or provided service).
  24. Unless we expressly note otherwise, these terms incorporate and supercede any other terms associated with the files and applications available on the domain www.Maintenancer.com, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by Maintenancer.
  25. If any portion of this Agreement (the full TOS) is found to be unenforceable, the remaining portion will remain in full force and effect.

Money-Back Guarantee

Maintenancer provides both free and paid services to Users. If you are dissatisfied with your service for any reason, you will receive a refund if you cancel your paid services within 30 days of the payment you made to us. The 30-day money-back guarantee does NOT apply to domain name registration. The amount of your refund will be the price of the paid service you purchased from Maintenancer minus domain name registration fee (if there was any domain registration for your Account), and minus overage charges, and minus the value of the remaining full months of service paid based on the following algorithm: ([remaining full months of paid service] x $9.95)

Domain Terms

Domain registration is brought to you through a partnership program with multiple domain registers. You are the legal owner of the domain registration. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you agree to pay all such taxes, levies, or duties. We will make reasonable efforts to contact you before your registration period expires and provide you with the option to renew your domain registration. If we are unable to contact you using the information you provide, Maintenancer shall not be liable for loss of the domain. Maintenancer reserves the right to change its prices at any time.

Themes Licenses

Plans that include Premium themes are licensed through third-party providers for one single website. Each new website comes with a new license, purchased by Maintenancer for the sole purpose of being used on that website alone. The Websites Plans – Premium Themes License grants the client, an ongoing, non-exclusive, worldwide license to make use of the digital work (Item) selected. The Client is licensed to use the Item to create one single End Product for himself or for one client (a “single application”), and the End Product can be distributed for Free. An End Product is one of the following things, both requiring an application of skill and effort. (a)For an Item that is a template, the End Product is a customised implementation of the Item. For example: the item is a website theme and the end product is the final website customised with your content. (b) For other types of Item, an End Product is a work that incorporates the Item as well as other things, so that it is larger in scope and different in nature than the Item.

Indemnification

You agree to hold harmless and indemnify Maintenancer and its subsidiaries, affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to your use of the services including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

Limited warranty

Maintenancer does not warrant that the site, the service  or any User Sites will meet your requirements or that the operation thereof will be uninterrupted or error free. The site, the services, and Maintenancer services are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the site, the service and Maintenancer services is with you. Should any of the foregoing prove defective, you (and not Maintenancer, its parent, subsidiaries, affiliates or licensors) assume the entire cost of all necessary servicing, repair or correction.

Copyright

All Content and other material on the web sites hosted by us are the proprietary property of Maintenancer or its licensors or users and are protected by U.S. and international copyright laws. All rights not expressly granted in these terms are expressly reserved.

Trademark

Maintenancer.com Maintenancer, the Maintenancer logo, and any other product or service name or slogan contained in the Site are trademarks licensed for use by rightful domain owner&holder, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Maintenancer or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Maintenancer and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Users Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Maintenancer trademark is used ONLY for hosting and site management service and is NOT owned nor related to WordPress Foundation Corporation (WordPress, WordPress TM, © WordPress, WordPress.org). The sole purpose of site’s existence is providing hosting and management services for websites created using content management systems like WordPress, Drupal, Joomla, Magento and other. Maintenancer is NOT in any way involved in any activities related to WordPress Foundation Corporation like releasing software under GPLv2 (or later) license or other. Maintenancer services do NOT compete with the goods or services being provided for free by WordPress.org, under GPLv2 license. WordPress Foundation Corporation (WordPress.org) has not released any special license to Maintenancer for providing these services.

Maintenancer.com domain name, Maintenancer name, and the Maintenancer logo are rented and licensed by rightful domain owner&holder by the companies involved in running this site.

LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Maintenancer SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Maintenancer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED, OBTAINED, STORED, SENT OR RECEIVED FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Except in relation to such liability as has been expressly excluded the maximum aggregate liability of Maintenancer in contract, tort, statutory duty or otherwise (even where Maintenancer has been advised of the possibility of such loss or damage) for any loss or damage whatever arising from or in relation to this Agreement shall be limited to lessor of (i) $100; (ii) the monthly cost of the Service which has been paid for a given month. This limit shall also apply in the event that any exclusion or other provision contained in these Terms and Conditions is held to be invalid for any reason and Maintenancer becomes liable for loss or damage that would otherwise have been limited.

APPLICABLE LAW

By visiting Maintenancer, you agree that the laws of USD, European Union and United Kingdom, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Maintenancer or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to Maintenancer or to products and services you purchase through Maintenancer shall be submitted to confidential arbitration in Albany, New York, except that, to the extent you have in any manner violated or threatened to violate Maintenancer’s intellectual property rights, Maintenancer may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVER-ABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to Maintenancer. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time without prior notice. Updates to our site, policies, and these Conditions of Use will be posted on our web site at http://www.Maintenancer.com. If any of these conditions shall be deemed by Maintenancer or a state or federal court as invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

We can be reached via e-mail from here: Maintenancer.com/contact