The use of services from MiTi Telecom, LLC constitutes agreement to these terms.
Term and Payment for ServicesTerm. This Agreement will be for an initial “Term “of 1 month from the date the Services are first provided by MiTi Telecom, LLC. This Agreement will be automatically renewed (the " Renewal Term ") at the end of the Initial Term or any Renewal Term for a period of thirty (30) days unless you provide MiTi Telecom, LLC with written notice of termination at least 3 days before the end of the Initial Term or Renewal Term (also referred to interchangeably and collectively as “Term”), whichever is then applicable. To provide your notice of termination, you must submit a ticket to the Billing department via the "Contact Us" form to initiate the cancellation of your service. Pricing and duration of Terms may be modified only if in writing (such as a Service Order) signed by MiTi Telecom, LLC. TerminationThis Agreement may be terminated: (i) by you or MiTi Telecom, LLC during any Renewal Term, without cause, by giving the other party no less than 30 days prior written notice, or a greater number of days prior notice if specified in a Service Order accepted by MiTi Telecom, LLC ; (ii) by MiTi Telecom, LLC in the event of nonpayment by you as provided in Section 1.4 below; and (iii) by MiTi Telecom, LLC, at any time, without notice, if, in MiTi Telecom, LLC sole judgment, you are in violation of any terms or conditions of the AUP. If you terminate this Agreement, or if MiTi Telecom, LLC terminates this Agreement for your breach, before the end of the Initial Term or the Renewal Term, whichever is then applicable, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the Term and any other amounts you owe to MiTi Telecom, LLC under this Agreement. Charges.You will pay all charges for your use of the Services at the then-current MiTi Telecom, LLC prices for that category of service or any special offer applicable to your account as determined by MiTi Telecom, LLC. You are responsible for paying all federal, state, and local sales, use, value-added, excise duty, and any other taxes assessed with respect to the Services, other than taxes based on MiTi Telecom, LLC net income. You are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney’s fees of MiTi Telecom, LLC. Domain NamesDomain names that have been bought through our hosting company belong to MiTi Telecom, LLC. There is a $ 35 dollar fee to transfer the domain name. Payment.You will pay all charges for the first month of service in advance on the first day of the Initial Term. You will pay all subsequent charges for Services in advance on the anniversary day of each month. You must pay for the Services by credit card. You authorize MiTi Telecom, LLC to charge your credit or debit card to pay for any charges that may apply to your account. You must notify MiTi Telecom, LLC of any changes to your card account (including, the applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit MiTi Telecom, LLC from charging your account. Your failure to fully pay any fees and taxes within 72 hours from the applicable due date is a material breach of this Agreement, justifying MiTi Telecom, LLC to suspend its performance and terminate this Agreement. If MiTi Telecom, LLC terminates for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term, and any other amounts you owe to MiTi Telecom, LLC under this Agreement. You are responsible for any costs MiTi Telecom, LLC incurs in enforcing collection, including reasonable attorneys' fees, court costs, and collection agency fees. To reinstate Services, you must pay for 3 months of Service in advance on the first day such Services are reinstated and any fees associated with reinstating Services. Refund and Disputes.All payments to MiTi Telecom, LLC are nonrefundable. This includes any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred to our billing department. If you dispute a charge to your credit card issuer that, in MiTi Telecom, LLC sole discretion is a valid charge under the provisions of this Agreement and/or AUP, you agree to pay MiTi Telecom, LLC an "Investigation Fee" of $100.00. If you put in a Paypal dispute we have the right to terminate your account right away no matter if the dispute is resolved plus we have the right to charge a "Investigation Fee" of $100.00. If you chargeback your credit payment we have the right to terminate your account right away no matter if the dispute is resolved plus we have the right to charge a "Investigation Fee" of $100.00 + $35 chargeback fee. Use of Services.Acceptable Use Policies. The AUP governs the general policies and procedures for use of the Services. The AUP is posted on the site at (or such other location as MiTi Telecom, LLC may specify) and may be updated from time to time. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS TO THE TERMS. MiTi Telecom, LLC MAY TERMINATE YOUR ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR THIS AGREEMENT. Security.You are solely responsible for any security breaches affecting servers or accounts under your control. If your server is responsible for or involved in an attack on or unauthorized access into another server or system, MiTi Telecom, LLC will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting MiTi Telecom, LLC or any of its other customers. Intellectual Property Rights.Your Warranties and Representations to MiTi Telecom, LLC. You warrant, represent, and covenant to MiTi Telecom, LLC that: (a) you are at least 18 years of age if an individual, (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines, including the AUP; and (d) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance. IP Numbers.MiTi Telecom, LLC will maintain and control ownership of all Internet protocol (" IP ") numbers and addresses that MiTi Telecom, LLC may assign to you. MiTi Telecom, LLC may, in its sole discretion, change or remove any and all IP numbers and addresses. Third Party Products.MiTi Telecom, LLC may provide you access to other third-party software and/or services ("Third Party Products ") through reseller relationships MiTi Telecom, LLC has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by MiTi Telecom, LLC and not by the Third Party Vendor. Neither MiTi Telecom, LLC nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT CUSTOMER'S SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM MiTi Telecom, LLC OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MiTi Telecom, LLC NOR ANY THIRD PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT CUSTOMER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND MiTi Telecom, LLC WITH RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS. Enforcement Actions.MiTi Telecom, LLC reserves the right to suspend or terminate the Service immediately or take any other corrective action it deems appropriate in its sole discretion if in the sole judgment of MiTi Telecom, LLC your server is the source or target of any violation of the AUP or for any other reason which MiTi Telecom, LLC chooses. If inappropriate activity is detected, all of your accounts in question will be deactivated until an investigation is complete. Prior notification to you is not assured. In some cases, law enforcement will be contacted regarding the activity. These rights of action, however, do not obligate MiTi Telecom, LLC to monitor or exert editorial control over the information made available for distribution via the Services. If MiTi Telecom, LLC takes corrective action because of a possible violation, MiTi Telecom, LLC will not refund you any fees you paid in advance of the corrective action. Disclosure Rights.The AUP specifically prohibits the use of our service for illegal activities. Therefore, you agree that MiTi Telecom, LLC may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to you. In addition, MiTi Telecom, LLC shall have the right to terminate all services set forth in this Agreement. Disclaimed Warranties.MiTi Telecom, LLC exercises no control over, and accepts no responsibility for, the content of the information passing through MiTi Telecom, LLC host computers, network hubs and points of presence, or the Internet. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. MiTi Telecom, LLC DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. MiTi Telecom, LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. Limitation and Exclusion of Liability.IN NO EVENT WILL MiTi Telecom, LLC OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER MiTi Telecom, LLC NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO MiTi Telecom, LLC OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MiTi Telecom, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF MiTi Telecom, LLC AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO MiTi Telecom, LLC UNDER THIS AGREEMENT DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY MiTi Telecom, LLC UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED ON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE MiTi Telecom, LLC AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1. Interruption of Service.MiTi Telecom, LLC and its suppliers are not liable for any temporary delay, outages or interruptions of the Services. Further, MiTi Telecom, LLC is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, any mechanical, electronic, communications or third-party supplier failure). Indemnification.In agreeing to the MiTi Telecom, LLC AUP and this Agreement, you agree to indemnify, defend and hold harmless MiTi Telecom, LLC, its employees, officers, directors, partners, representatives, and affiliates, for any violation by you or your customers of the AUP or this Agreement that results either in (a) any cost, expense, damage or loss to MiTi Telecom, LLC, or (b) the bringing of any claim against MiTi Telecom, LLC by any third-party, and all costs, expenses, damages, and losses associated therewith. For example, if MiTi Telecom, LLC is sued because of your or your customer's activity related to the Services, you will pay any damages awarded against MiTi Telecom, LLC, its employees, directors, partners, representatives, and affiliates, plus all costs and attorney's fees. MISCELLANEOUS PROVISIONS.MiTi Telecom, LLC and you agree that, except as otherwise expressly provided in this Agreement, the Order Form(s) or the terms and conditions of use of any third party software products, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or your customers. THIS AGREEMENT IS MADE UNDER AND WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN (EXCEPT THAT BODY OF LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN TEXAS, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. You may not sell, assign, or transfer its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of MiTi Telecom, LLC, and any attempted assignment or delegation without such consent will be void. MiTi Telecom, LLC may assign this Agreement in whole or part. MiTi Telecom, LLC also may delegate the performance of certain Services to third parties. All notices, demands, requests or other communications required or permitted under this Agreement shall be deemed given when delivered personally, sent by facsimile upon confirmation, sent and received by return receipt email, or upon receipt of delivery of overnight mail. You and MiTi Telecom, LLC are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between you and MiTi Telecom, LLC. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings, and agreements, written and oral, regarding such subject matter. ContentAll services provided by MiTi Telecom, LLC may only be used for lawful purposes. The laws of the State of Michigan, the State of Texas, and the United States of America apply. The customer agrees to indemnify and hold harmless MiTi Telecom, LLC from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email
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Examples of unacceptable material on all Shared and Reseller servers include:Topsites Examples of unacceptable material on all Dedicated servers include:IRCD (IRC servers)
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