MikeThibault.com

 TERMS OF SERVICE

This is a standard contract used by a number of Service Providers and not negotiable.

WHEREAS, MikeThibault.com is an information provider connected to the Internet. MikeThibault.com offers storage and transfer services over the Internet through access to its Web Server;

WHEREAS, Customer seeks to utilize MikeThibault.com's server for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, MikeThibault.com can make no guarantee that any given reader shall be able to access MikeThibault.com 's server at any given time. MikeThibault.com 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;

WHEREAS, the party has authority to enter into this agreement on behalf of the Company, if applicable;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

Financial Arrangements:

1. Customer agrees to a contract of the term specified below, beginning upon commencement of service.

2. Fee for the term specified below plus setup charge, if any, shall be due upon receipt of contract. MikeThibault.com's Accounts Department has a final say on whether the 30-day refund is justified or not. Any requests for refunds due to damages made by you or scripts that are incompatible with our settings are not eligible for a refund. 

3. This agreement will automatically renew for successive periods of the original length for the life of the contract until cancelled in writing. Customers paying by credit card expressly agree to have their credit card account billed for the recurring charges for the life of the contract including any automatic renewal periods. All requested refunds are processed within 6 to 8 weeks after being received and approved by the accounts department or an executive power of MikeThibault.com.

4. If MikeThibault.com cancels this Agreement prior to the end of the Term, MikeThibault.com shall not refund to you any fees paid in advance of such cancellation and (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and (iii) MikeThibault.com shall have the right to charge you an early cancellation fee of $15.00.

Taxes:

1. All services 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 is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening, obscene, demeaning to others, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party. In addition any site selling or promoting Bulk email services is not allowed.

Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.

Material and Products:

1. Customer will provide MikeThibault.com with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of MikeThibault.com . MikeThibault.com shall make no effort to validate this information for content, correctness or usability.

2. Use of MikeThibault.com'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 Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of MikeThibault.com to provide this knowledge or Customer Support outside of the defined service of MikeThibault.com.

3. MikeThibault.com will exercise no control whatsoever over the content of the information passing through the network. MikeThibault.com makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. MikeThibault.com also disclaims any warranty of merchant- ability or fitness for 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 MikeThibault.com is at the Customer's own risk, and MikeThibault.com specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. MikeThibault.com expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. MikeThibault.com specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", MikeThibault.com may, at its option and at any time, reject this material, including but not limited to after it has been put on MikeThibault.com Server. MikeThibault.com 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 MikeThibault.com. If the Customer fails to modify the material, as directed by MikeThibault.com , within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.

Trademarks & Copyrights:

1. Customer warrants that it has the right to use the applicable trademarks, if any.

Hardware, Equipment & Software:

1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access MikeThibault.com . MikeThibault.com makes no representations, warranties or assurances that the Customer's equipment will be compatible with the MikeThibault.com service.

Age:

1. The Customer certifies that he or she is at least 18 years of age.

Internet Etiquette:

Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of MikeThibault.com may not be used to impersonate another person or misrepresent authorization to act on behalf of others or MikeThibault.com . All messages transmitted via MikeThibault.com should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

Termination:

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. MikeThibault.com will not accept terminations by electronic mail or over the telephone. Notwithstanding the above, MikeThibault.com may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, including non-payment. MikeThibault.com reserves the right to charge a reinstatement fee.

Limited Liability:

1. Customer expressly agrees that use of MikeThibault.com 's Server is at Customer's sole risk. Neither MikeThibault.com , its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that MikeThibault.com 's Server 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 MikeThibault.com Server service, unless otherwise expressly stated in this Agreement.

2. Under no circumstances, including negligence, shall MikeThibault.com , its offices, agents or any one else involved in creating, producing or distributing MikeThibault.com '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 MikeThibault.com 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 MikeThibault.com 's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on MikeThibault.com 's Server service.

3. 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 dollar amount which Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs.

Lawful Purpose:

Customer may only use MikeThibault.com's Server for lawful purpose. Trans- mission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold MikeThibault.com  harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against MikeThibault.com, its 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 MikeThibault.com against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with MikeThibault.com 's Server; (ii) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Customer sold on MikeThibault.com Server.

Contract Revisions:

Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of MikeThibault.com Services as specified in Section I. Financial Arrangements.

Transfer:

Customer may not transfer this agreement without the written consent of MikeThibault.com.

Content:

All services provided by MikeThibault.com 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 is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless MikeThibault.com from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all MikeThibault.com servers. This includes sites that may infer sexual content, or links to adult content elsewhere. MikeThibault.com will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to MikeThibault.com servers or any other server on the internet. Links to such materials are also prohibited. 

Examples of unacceptable content or links:

Pirated software 
Hacker programs or archives 
Warez sites

MikeThibault.com will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising - Email:

MikeThibault.com , or the sending of unsolicited email, from an MikeThibault.com server or using an email address or domain that is maintained on an MikeThibault.com machine as reference is STRICTLY prohibited. MikeThibault.com will be the sole arbiter as to what constitutes a violation of this provision.

Chat Rooms:

We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.

Background Running Programs:

We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC:

We do not allow IRC or IRC bots to be operated on our servers.

Server Abuse:

Any attempt to undermine or cause harm to a server, or customer, of MikeThibault.com is strictly prohibited.

Refusal of Service:

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

All Sub-Networks, distributive hosting sites and dedicated servers of MikeThibault.com must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.

This Agreement shall be governed and construed in accordance with the laws of the United States of America.