Web and Email Acceptable Use Policy
By and between Maxim Technologies, LLC (Maxim Tech) and the customer, who will be referred to in this document as "Customer". The parties agree to the following, which
shall apply during the term of this agreement:
1. ORDER ACCEPTANCE, PAYMENT
A. All orders are subject to acceptance by Maxim Tech. An order will be deemed accepted by Maxim Tech when written (e-mail) confirmation of
the order is sent to Customer. Maxim Tech may refuse to accept or delay acceptance of any order for any reason.
B. Payment and Terms: Payment shall be made in US dollars to Maxim Tech. Payments are due upon account
activation and future renewal. If due to bank charges, transfer fees, or the like, Maxim Tech should receive less than its invoice amount, Maxim Tech will re-invoice Customer for the shortfall. Should payment in full of any
invoice (aside from such shortfalls) not be received by Maxim Tech within thirty (30) days after activation or renewal, Maxim Tech may discontinue, withhold, or suspend services to Customer.
C. Renewal. Accounts
will be billed as specified on orders received. Renewal will be automatic unless we receive otherwise in writing.
Billing issues should be addressed to firstname.lastname@example.org . Accounts needing to be cancelled will require in writing to request cancellation to email@example.com .
2. DUTIES OF Maxim Tech
A. Maxim Tech
will acquire an Internet Domain Name (only from the InterNIC) on behalf of the Customer, as specified. Any costs of Maxim Tech in obtaining or maintaining a domain name for Customer shall be immediately reimbursed to Maxim Tech
upon invoice from Maxim Tech to Customer.
3. LIMITATION OF Maxim Tech's OBLIGATIONS AND LIABILITY
A. Maxim Tech will utilize its best efforts to maintain acceptable performance of services contracted for, but Maxim
Tech makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Maxim Tech cannot guarantee continuous service, service at any particular time, or
integrity of data stored or transmitted via its system or via the Internet. Maxim Tech will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system.
Maxim Tech shall not be liable to Customer for any claims or damages which may be suffered by Customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to
access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Maxim Tech.
Tech may discontinue servicing any Plan, or may require fulfillment of conditions Maxim Tech may choose to impose as a prerequisite for continuing to service any Plan. Maxim Tech agrees to provide Customer with reasonable
notice via e-mail or fax of any such intent to discontinue or impose conditions unless it is determined that such notice would cause harm to Maxim Tech.
The following activities are specifically not allowed by Maxim
Tech and will result in immediate account termination: Running hate web sites, participation in undirected bulk e-mail delivery (spamming) either through the use of our mail servers or not, gambling web sites, or any
sites promoting or participating in illegal activities, or sites containing sexual content of any kind that we, in our sole discretion, deem inappropriate for a business environment.
C. Maxim Tech's liability to Customer, and any end user of any Plan or other Maxim Tech services is limited to the amount paid to and received by Maxim Tech for
services not accepted. In no event shall Maxim Tech be liable to Customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or
otherwise, even if Maxim Tech has been advised of the possibility of such damage.
D. Customer will take all necessary measures to preclude Maxim Tech from being made a party to any lawsuit or claim regarding Maxim Tech
services provided to any Customer or end user. Customer hereby agrees to indemnify and hold harmless Maxim Tech from any and all claims of whatever nature brought by any of Customer's customers against Maxim Tech in excess of
the remedy set forth in paragraph 5(C) .
4. PROPERTY RIGHTS
Maxim Tech owns all rights, titles and interests in Maxim Tech's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how
relating to the design, function, or operation of Plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a
license to Customer to use Maxim Tech's trade names or service marks. The use by Customer of the other property rights mentioned here is authorized only for the purposes of marketing and selling Plans.
Customer acknowledges that by reason of its relationship with Maxim Tech hereunder, it may have access to certain information and materials relating to Maxim Tech's business, plans, customers, software, and marketing
strategies that is confidential and of substantial value to Maxim Tech, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for its own account nor
for the account of any third party, nor disclose to any third party, any such information revealed to it by Maxim Tech. Customer further agrees that it will take every reasonable precaution to protect the confidentiality of
such information. In the event of termination of this agreement, there shall be no use or disclosure by the Customer of any such confidential information in its possession, and all confidential materials shall be returned to
Maxim Tech or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, Maxim Tech shall be entitled to injunctive relief,
which relief shall not be contested by Customer.
6. RELATIONSHIP OF THE PARTIES
The relationship between Maxim Tech and Customer is that of vendor and vendee. They shall not be construed as being joint ventures,
franchiser/franchisee, or employer/employee. This agreement is a commercial agreement between businesses, not a consumer agreement. Customer has no authority, apparent or otherwise, to contract for or on behalf of Maxim Tech,
or in any other way legally bind Maxim Tech in any fashion, nor shall Customer be authorized to make any representations about Maxim Tech or its services other than to set forth Maxim Tech's responsibilities as outlined in this
7. APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes effect when accepted by Maxim Tech in Georgia. It is to be governed by and construed under the laws of the State of Georgia and the United
States of America. The federal and state courts of the State of Georgia shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this agreement. Customer hereby expressly consents to (1) the
jurisdiction of the courts of Georgia and (2) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice
actually received by Maxim Tech. To the extent permissible by the law of Customer's jurisdiction, Customer waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the
8. ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. Maxim Tech may make changes to
this agreement upon thirty (30) days' written notice to Customer, advising of the change and the effective date thereof. Utilization of Maxim Tech services by Customer and/or its Customers following the effective date of such
change shall constitute acceptance by Customer of such change(s). Otherwise, this agreement may not be modified except by the of written consent of both parties.
9. Links to third party sites. The links to third party
sites will let you leave this site. The linked sites are not under the control of MAXIM TECH and MAXIM TECH is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or
updates to such sites. MAXIM TECH is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by MAXIM TECH.
10. LOG Files
Log files which are used to
show statistical usage on a particular domain which resides at a folder called logs in the user's folder may be deleted on a monthly basis to free disk space.
Maxim Tech encourages users to download and backup their log files if users want to keep their previous months. Maxim Tech will not act as a repository for log files. It is the users responsibility to backup their log files for their personal use.
Microsoft®, MS, MS-DOS®, Windows, Windows 95, Windows NT, and the Windows logo are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. Other product and
company names mentioned herein may be the trademarks of their respective owners.