Terms and Conditions
All services 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 strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening, obscene, pornographic, demeaning to others, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims, losses, and damages (including costs and attorney fees) which we incur and which results from your use of the service.
Sites that promote any illegal activity or content that may be damaging to our or any other server or person, are strictly prohibited. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email (spam) services is not allowed, see Server Abuse provision below. We reserve the right to disable any script/website for any reason without notice, as we shall determine in the exercise of our sole discretion.
We will be the sole arbiter as to what constitutes violations of these provisions as we shall determine in the exercise of our sole discretion. Upon violation of these provisions, a lack of action on our part does not preclude future actions.
Server Abuse
Any act or failure to act promptly which causes harm to our server or any of our clients is strictly prohibited. Harm is defined by hacking, SPAM, DOS, or any attempt to undermine the quality of service. Penalty, to be determined at the sole discretion of Mission Services, may result in a fine in excess of $800 and/or lawful prosecution under local and federal laws. Users may not use more than 15% of our systems resources. Any sites, determined in the sole discretion of Mission Services to be detrimental to quality of service for other clients, shall not be allowed.
Christian Values
The server that is provided by Mission Services is set up and maintained to support Christian missions and ministries with website hosting. As such, all mission and ministry websites must also accept and follow the beliefs statement. Any website that is set up as a Christian mission or ministry must remain so, to continue to have Mission Services provide web hosting for them.
Refusal of Service
We reserve the right to refuse, suspend, or cancel service at any time as we shall determine in our sole discretion. Cancellation Policy Shared/eCommerce30 Day money back guarantee applies to new accounts using 500 megabytes of transfer or less. After the initial 30 (thirty) days, no refunds shall be issued.
Cancellation Policy Dedicated
Application / Set-up fees are not refundable.
Disclaimer
Mission Services is not responsible for any harm to you resulting from your use of Mission Services or the use by anyone of Mission Services. Mission Services makes no warranties of any kind, expressed or implied for services we provide. Mission Services disclaims any warranty or merchantability or fitness for a particular purpose. We will not be responsible for loss of data, whether resulting from delays or otherwise, and any and all service interruptions caused by Mission Services, its employees, and/or volunteers. Mission Services reserves the right to change or update policies without notice. If any terms or conditions are failed to be followed, it will result in grounds for immediate account deactivation.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Mission Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Mission Services, its agents, its customers, officers, employees and volunteers, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees, volunteers or assigns. Customer agrees to defend, indemnify and hold harmless Mission Services against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Mission Services; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and; (4) any act or failure to act by customer.
Limitation of Remedies
Your limit of liability shall be for your actual damages, which damages shall in no event exceed the price you paid to subscribe to our service. We shall in no event be liable to you for lost profits, delay, damages, loss of goodwill, or incidental and/or consequential damages. Nor shall we be liable to you on account of any breach of the terms and conditions of this agreement unless you shall have commenced an action for such breach within one (1) year from the date the cause of action accrued.
Miscellaneous
It is further agreed that (a) this Agreement shall be governed in all respects by the laws of the State of Tennessee and, except as otherwise herein provided, shall bind and inure to the benefit of the heirs, personal representatives, successors and assigns; (b) each provision of this Agreement shall be treated as severable to the end that if any one or more provisions shall be adjudged or declared illegal, invalid, or unenforceable, this Agreement shall be interpreted, and shall remain in full force and effect, as though such provision or provisions had never been contained in this Agreement; (c) no amendment, modification, agreement, waiver, consent, or approval pertaining to the subject matter of this Agreement shall be binding upon either party hereto unless in writing and signed by such party; (d) any waiver of terms hereof shall be effective only in the specific instance and for the specific purpose given; (e) this document and the attachments constitute the entire agreement between the parties with respect to the subject matter hereof. There are no representations, warranties, or agreements except as set forth herein; (f) this Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee exclusive of the conflict of law provisions thereof. The parties agree that the District Court of the County of Knox, Tennessee shall have exclusive jurisdiction, including in personal jurisdiction, and shall be the exclusive venue for any and all controversies and claims arising out of or relating to this Agreement or a breach thereof, except as otherwise unanimously agreed upon by the parties; (g) this Agreement may be executed in counterparts, each of which shall be deemed and original but all of which shall constitute one and the same instrument; (h) evidence of the execution of this Agreement by any party may be provided by facsimile and if so provided shall be legal, valid and binding on any party executing in such manner; (i) if any party shall commence any action or proceeding against another party in order to enforce the provisions hereof, or to recover damages as the result of the alleged breach of any of the provisions hereof, the prevailing party therein shall be entitled to recover all reasonable costs incurred in connection therewith, including, but not limited to, reasonable attorneys’ fees.