MarCom Consulting :: Terms Of Service (TOS)
All users of MarCom Consulting’s services, and all customers upon signing up for MarCom Consulting services, agree to comply with MarCom Consulting’s Terms of Service (TOS). The spirit of the TOS is to ensure customers are using MCC’s services with due regard to the rights of other Internet users and in conformity with the requirements of MCC’s network environment. The TOS are not exhaustive and MCC reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.mcc2.com or notification of the modified TOS. Any complaints about a customer’s violation of the TOS should be sent to abuse@mcc2.com. The TOS supersedes any other agreement with MarCom Consulting, whether written, oral, by conduct, or otherwise.
Services provided by MarCom Consulting 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 MarCom Consulting and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to MarCom Consulting servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links may include but are not limited to:
- Pirated software
- Hacker programs or archives
- Warez sites
- Copyright infringement
MarCom Consulting will be the sole arbiter as to what constitutes a violation of this provision.
Spamming, or the sending of unsolicited e-mail including, without limitation, commercial advertising and informational announcements, from a MarCom Consulting server or using an e-mail address or domain that is maintained on a MarCom Consulting machine as reference is strictly prohibited. MarCom Consulting will be the sole arbiter as to what constitutes a violation of this provision. A user shall not use another site’s mail server to relay mail without the express permission of the site. MarCom Consulting will be the sole arbiter as to what constitutes a violation of these provisions.
MarCom Consulting neither guarantees nor warrants the privacy of any electronic communication. While the administrator(s) of MarCom Consulting will strive to respect the privacy of users, normal operation of an on-line system sometimes requires administrator(s) to inspect the contents of files and messages for viruses, copyright and trademark infringement, damage, libel and slander. Every effort will be made to respect the privacy of mail messages within the limits of safe system operation.
System And Network Security Any attempt to undermine or cause harm to a server, or customer, of MarCom Consulting is strictly prohibited.
Customer Content
All MarCom Consulting customers expect MCC servers to deliver content safely, reliably and as rapidly as possible. Delivering web pages, email, static and dynamic content to the World Wide Web requires software that is shared among customers on the same shared machine(s). Customers are responsible for their content and that their content does not diminish or compromise the delivery of other customers’ content. A customer’s content that compromises the server’s ability to perform its function of delivering content may be subject to evaluation or removal. Should a customer’s content be found to diminish the shared machine’s processes, the customer’s website may be suspended and subject to $90/hour diagnostic fees to determine the source of the compromise.
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Limitation Of Liability
MarCom Consulting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from MarCom Consulting servers going off-line or being unavailable for any reason whatsoever. Furthermore, MarCom Consulting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of MarCom Consulting servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Users Policies should be referred to abuse@mcc2.com. All complaints will be investigated promptly. Failure to follow any term or condition may be grounds for immediate account deactivation.
Disclaimer
MarCom Consulting cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits a client may have gained if their site was functioning. Certain services provided by MarCom Consulting are resold. Thus, certain equipment, routing, software, and programming used by MarCom Consulting is not directly owned or written by MarCom Consulting. MarCom Consulting holds no responsibility for the use of our client’s accounts. If any terms or conditions are violated, the account in question may be deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as MarCom Consulting sees fit.
Account Activation
By activating your account with MarCom Consulting, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer.
Cancellation and Refunds
You may cancel your account at anytime. Refunds will not be given after the first 30 days of your account activation. You must cancel thirty (30) days before your next billing period. If you sign up for an account and do not follow our terms, no refunds will be given.
DNS
MarCom Consulting is not a DNS registrar. MarCom Consulting shall have no liability to you or any third party in connection with obtaining, transferring and/or renewing DNS registrations. DNS Registrars publish their own Terms Of Service which govern their DNS procedures. Transfers and Licensing of Use. You agree that you may not transfer your domain name registration to another domain name registrar during the first thirty (30) days from the effective date of your initial domain name registration. In addition, you agree that you may not transfer your domain registration to another domain name registrar for thirty (30) days after there has been a change in your Primary Contact information and/or WHOIS Administrative Contact information for your account(s). MarCom Consulting will not authorize or facilitate DNS modifications thirty days (30) prior or thirty (30) days after any renewal billing cycle.
Payments
Payments are due upon receipt. Net 10 days is specified. Payments are issued electronically, only. If a payment is not received within 30 days MarCom Consulting can (1) interrupt selective services (email, FTP, http, etc) or cancel the account. This includes removing all data from the server. To re-activate the account will require payment in full of any arrears balance and a setup fee. If the account has been deleted, the customer will need to supply the online content.
MarCom Consulting retains the right to change any or all of the above without notification.
