Terms of Agreement for Managed Servers

The following words used in context of the Service Contract are defined as follows:

• "Provider":   MicroMed Strategy Inc.
• "Client":       The person or entity who is applying for services

The Provider agrees to provide, and Client agrees to receive, access to the services according to the following terms and conditions:

1. Client will use the services in a manner consistent with any and all applicable laws of the State of Virginia, the U.S. Federal Government, and the laws of your locale.
2. Provider reserves the right, in its sole discretion, to deactivate the Client's account(s) upon an indication of credit problems including delinquent payments.
3. THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF 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 BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.
4. Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the services for any reason. Client understands and acknowledges the need to maintain adequate business insurance to insure itself against any business losses and unexpected expenses resulting from use of the service.
5. Client is solely responsible for independent backup of data stored on Provider.
6. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.
7. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING SUCH AS, BUT NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY HARASSING AND OR HARMFUL MATERIALS OR USES, WHICH ARE CONSIDERED TO BE ABUSIVE AND UNETHICAL USES OF THE SERVICE(S). CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE SERVICE(S), OR DEEMED A VIOLATION OF THE TERMS OF SERVICE. THIS INCLUDES DOMAIN POINTERS.
8. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings or cross-posting to unrelated newsgroups is strictly prohibited. The Provider reserves the right to deactivate the Client's account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's account(s) or news groups.
9. Use of account(s) to provide free email services is strictly forbidden as it is a security hole and liability.
10. Only the account holder or its legal assignee is authorized to make changes to the account.
11. In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed.
12. Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
13. Provider reserves the right to disable any user account or site for anything deemed to be suspicious activities at the Provider's sole discretion.  This includes, but is not limited to, anything that gives indication of hacking, spoofing, cracking, phreaking, denial of service attacks, running rogue services on Client's account on Provider's systems, or anything that might attract or precede such activities.  Rogue services, as defined here, means any service that is not included as a feature on Provider's advertised list of account features at the time.  This includes, but is not limited to, IRC bots, IRC clients, IRC daemons, ICQ clients, ICQ servers, Socks proxies, or any other service running on a TCP/IP port that Provider did not give explicit written authorization for use.  Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from account deactivation or disablement as a result of suspicious activities.
14. The term of the Agreement shall be from the Effective Date or the first Invoice Date, which term shall renew automatically within one year. Each term shall have a minimum term of one year commencing from the first activation date. This service shall automatically renew for successive periods equal to the initial term (one year) unless terminated by either party at least 60 days prior to the then current date for termination. MicroMed Strategy, Inc. reserves the right to change its rates or Service Contract during any renewal term by notifying Customer at least 30 days in advance of the effective date of such rate or Service Contract Change.
15. Client hereby agrees that account termination resulting from any breach of these terms of service will result in the nullification of any right to a refund of any kind.  Furthermore, client acknowledges that they will be liable for any charges resulting from any server repairs required as a result of their violation of these terms of service.  The rate will be $150 per hour plus the cost of any parts and shipping charges.  Provider reserves the right to pursue in a court of law financial compensation for other damages resulting from the violation of these terms of service.
16. Provider reserves the right to change this contract by posting a publicly available copy at this location without specific notice to Client.  Client hereby agrees to ratify any such changes and hold Provider harmless from any claim resulting from such changes.   Client hereby acknowledges responsibility to inform itself of any changes to this contract whether informed by Provider of changes or not.
17. CHOICE OF LAW: This Agreement shall be construed and controlled by the laws of the State of Virginia. Any dispute arising from this Agreement, including, without limitation, a breach of this Agreement, shall be governed by the laws of the State of Virginia. You agree to submit to the jurisdiction of the courts located in Fairfax, Virginia.