TERMS OF SERVICE
This agreement is between Symmetric Technologies, Inc. (doing business as "Main Street Sites" and hereinafter referred to as "Main Street Sites", “us” or “we”) and you (hereinafter referred to as “you” or "User").
You agree to the terms and conditions outlined in this Terms of Service Agreement (“Agreement”) with respect to our site hosted at www.mainstreetsites.com (“Site”) as well as the “Web Hosting”, “Back Office” and email hosting services offered by us (“Service”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Service, the content, products or services provided by or through our Site, and the subject matter of this Agreement. By using the Site or Service, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site or Service. Any new features that augment or enhance the current Site or Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Site or Service after any such changes shall constitute your consent to such changes.
- You must provide your legal name, a valid email address, and any other information requested in order to complete the signup process for the Service. When you complete the sign-up process, an account which is uniquely identified by your email address will be created for you (“Account”).
- You are responsible for maintaining the security of your Service account and password. Main Street Sites cannot and will not be liable for any loss or damage from your failure to protect your login information, including your password.
- You are responsible for all text, images, settings, configurations, files, documents and data posted (“Content”) as well as any activity that occurs under your account. This responsibility extends to activity and Content that is posted by others who have sub-accounts under your Account.
- User agrees that Main Street Sites as well as its officers, directors, owners, agents, employees and contractors reserve the right to access Userís Account and Content for reasons including but not limited to (a) customer support, (b) technical support, (c) general troubleshooting of the Service, and (d) enforcement of this Agreement.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Service Payments and Refunds
- You agree that we have the right to bill your account for Service fees once the free trial period, if any, has ended.
- A valid credit or debit card is required for paying accounts. If you do not have a valid credit or debit card, you agree to provide a signed ACH Authorization form so that we can debit your bank account for fees due.
- With the exception of certain Usage Fees that are billed in arrears (viz., http://mainstreetsites.com/usage-fees), the Service is billed in advance on a monthly basis.
- All fees in connection with the Service are non-refundable.
- We are under no obligation to provide refunds or credits for partial months of Service, downgrades or for months unused with an open account.
- Main Street Sites reserves the right to fully or partially suspend Service to you if you have one or more invoices that is at least 15 days past due.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Modifications to the Service and Fees
- Main Street Sites reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
- Main Street Sites reserves the right to change monthly fees, usage fees or any other fees related to the Service upon 30 days notice from us. Fee change notices may be sent by email, posted to the Service or posted on the Main Street Sites website: www.mainstreetsites.com
Cancellation and Termination
- You alone are responsible for the proper cancellation of your account if you wish to discontinue use of the Service. Cancellation requests should be sent through e-mail to email@example.com, and should include the name and e-mail address on your account.
- We reserve the right but are under no obligation to delete some or all of your Content from the Service upon cancellation.
- Main Street Sites, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Main Street Sites reserves the right to refuse use of the Service to anyone for any reason at any time.
Copyright, Content and Content Ownership
- Main Street Sites owns the intellectual property rights to any and all protectable components of the Site and Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Site or Service which Main Street Sites owns.
- Main Street Sites claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.
- You agree not to upload or create Content that contains, promotes or involves any of the following:
- any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
- nudity or pornography;
- content that exploits children under 18 years of age;
- hate propaganda; including racist, threatening, or otherwise abusive language;
- the promotion or incitement of, or instruction for, the commission of illegal or fraudulent activities;
- sending of unsolicited e-mail (spam) from a Main Street Sites server, or any other server that refers to content on a Main Street Sites server, or sending such e-mail with a Main Street Sites' hosted web site listed as the contact address;
- information or other material that contains a virus, corrupted data or any other harmful or damaging component
- User agrees to assume full responsibility for any Site or Service Content created or uploaded by the User and acknowledges that User may be held legally responsible for such Content.
- User agrees that Main Street Sites is not responsible for Site or Service Content created or uploaded by other Users and acknowledges that Main Street Sites does not endorse or verify any such material.
Provisions for Email Accounts Hosted by Main Street Sites
- Main Street Sites reserves the right but is under no obligation to provide email hosting services to Users (the “E-mail Service”).
- Main Street Sites reserves the right to bill User for the E-mail Service. Billed amounts may depend on the storage capacity and/or the number of email accounts (i.e., mailboxes or email addresses) requested by User. Main Street Sites will request billing authorization from User before billing for the E-mail Service.
- User is solely responsible for the content of their email messages. User is not permitted to transmit email messages that (a) infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation; (c) are defamatory, trade libelous, threatening, abusive, or obscene in the opinion of Main Street Sites; (d) contain viruses or other similar harmful or deleterious programming routines; (e) contain links to any sites that include any malicious content in the opinion of Main Street Sites.
- Spamming is prohibited. Main Street Sites will determine in its sole discretion whether any of the messages sent by User are considered as being spam. Spamming generally includes sending any form of email that can be interpreted as junk email or bulk email that the recipient has not specifically requested from User. Main Street Sites reserves the right to take legal and technical remedies to prevent User from sending spam. If User is found to be sending spam, User's email account(s) may be terminated without notice.
- Main Street Sites considers the content of all User's messages to be private. Main Street Sites will not intentionally disclose any of User's email unless Main Street Sites believes in good faith that Main Street Sites is required to do so (i) to enforce these Terms of Service, (ii) by law, (iii) to defend Main Street Sites in any action, or (iv) to protect Main Street Sites property. Additionally, User must agree to respect the privacy and confidentiality of others.
- User agrees to be fully liable for the use of User's email account(s), including any unauthorized use of an account by a third party. User agrees to notify Main Street Sites immediately if User becomes aware of any unauthorized use of an email account.
- Main Street Sites is under no obligation to back up or archive email messages related to User’s email account(s).
- If User's email account(s) is/are cancelled by User or by Main Street Sites for any reason, we reserve the right but are under no obligation to delete all email (including attachments) associated with the account(s).
- User agrees and acknowledges that they may not upload, post, reproduce, or distribute any content on or through the E-mail Service that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice.
- Main Street Sites may change the features or functionality of the E-mail Service at any time, in our sole discretion.
- Main Street Sites may discontinue the E-Mail Service for User at any time with or without notice, in our sole discretion.
- User understands and agrees any material and/or data downloaded or otherwise obtained through the use of the E-mail Service is done at their own discretion and risk and User will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Representations and Warranties
- Your use of the Site and Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Main Street Sites does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
- Main Street Sites is not responsible for any deletion, alteration, or loss of data due to network or system outages, file or database corruption, computer viruses or malware, accidental deletion, or any other reasons in connection with your use of the Site or Service.
- Main Street Sites is not responsible for the actions or the inaction of any third parties that Main Street Sites uses in support of the Site and Service described in this Agreement.
Limitation of Liability
- Main Street Sites, its affiliates and its sponsors are neither responsible nor liable for any failures, delays, or interruptions in the delivery of the Site or Service; or any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Site or Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
- For greater certainty and without limitation to the generality of the foregoing:
- Main Street Sites’ liability to User for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the fees paid by User to Main Street Sites, if any, for the prior 12 months;
- Main Street Sites, its officers, directors, owners, agents and employees, shall in no way be liable to User or anyone else for any loss or injury resulting from use of the Service or the Site;
- In no event shall Main Street Sites be liable for any damages, whatsoever, as a result of the termination of this Agreement.
- You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Main Street Sites.
- You may not use the Service to store, host, or send unsolicited email (spam) or SMS messages.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Main Street Sites will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
- You understand that the Service can be used for transmission of your Content, and that during processing, your Content, including invoices, event reminders, and personal messages, may be transferred unencrypted over the internet.
- You may not use the Service to transmit any viruses, worms, or malicious content.
- If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
- The failure of Main Street Sites to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Main Street Sites and governs your use of the Site and Service, superceding any prior agreements between you and Main Street Sites (including, but not limited to, any prior versions of the Terms of Service).
- No term or provision of this Agreement is deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party claiming to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, does not constitute a consent to, waiver of, or excuse for, any other different or subsequent breach.
- User agrees to indemnify and hold Main Street Sites harmless from and against, and to reimburse Main Street Sites with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) or every nature whatsoever incurred by Main Street Sites by reason of or arising out of or in connection with (i) any breach of this Agreement by User; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual property right of any party by Content on the Site or Service; or (iv) illegal, libelous, or defamatory Content on the Site or Service.
- This Agreement is assignable to a third party by Main Street Sites, with notice to User. Such notice shall be sent by email or posted to the Service or posted on the Main Street Sites website at www.mainstreetsites.com.
- This Agreement is governed by and construed in accordance with the applicable laws of the Commonwealth of Massachusetts.
- Questions regarding the Terms of Service should be sent to firstname.lastname@example.org.