Welcome to the network of services owned, operated, or provided by mpowered Solutions, Inc. ("mpowered Solutions," "us," or "we"). These Terms of Service ("Terms") govern your use of any mpowered Solution website or service (collectively, the "Services") that includes an authorized link to these Terms.
Please review these Terms carefully before using the Services. By using any of the Services, you accept these Terms.
We may occasionally change these Terms, so we encourage you to review the Terms periodically. The most current version of the Terms (along with their effective date) will be linked from each of the Services. If you continue to use the Services after we change the Terms, you accept all changes.
Additional terms may apply to your use of the Services. We will provide these terms to you or post them on the Services to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control.
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify mpoweredSolutions.com of any unauthorized use of your account or any other breach of security. mpoweredSolutions.com will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using mpoweredSolutions.com. You will not engage in any activity that interferes with or disrupts mpoweredSolutions.com's services or networks connected to mpoweredSolutions.com.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that mpoweredSolutions.com will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
Spam and Unsolicited Bulk Email (UBE): mpoweredSolutions.com has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of mpoweredSolutions.com whether or not the message actually originated from our network.
Mailing Lists: mpoweredSolutions.com's mass mailing rules also apply to mailing lists, list servers, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
mpowered Solutions, Inc. and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. mpoweredSolutions.com's services may not be used to facilitate infringement of these laws in any way.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of mpoweredSolutions.com or mpoweredSolutions.com's customers.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
mpowered Solutions, Inc. does not prohibit the use of distributed, peer to peer network services such as Tor, nor does mpowered Solutions, Inc. routinely monitor the network communications of customers of mpowered Solutions, Inc. as a normal business practice. However, customers are responsible for the contents of network traffic exiting their mpowered Solutions, Inc. account. Any usage that prompts the receipt of abuse complaints pertaining to violation of United States and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.
You agree that mpoweredSolutions.com shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectible by mpoweredSolutions.com may be turned over to an outside collection agency for collection.
Subscriber is aware that mpoweredSolutions.com may prospectively change the specified rates and charges from time to time.
mpoweredSolutions.com is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by mpoweredSolutions.com. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits are issued for unused services when customer retains any active service. Pro-rated refunds are issued if customer does not retain any active service and they are specifically requested via the cancellation form. All refunds are subject to a $5.00 service charge unless cancelling within the 7 day money-back guarantee period.
mpoweredSolutions.com provides a 99.9% up-time guarantee on all mpowered Solutions hardware, and on network connectivity. In any given month, if your mpowered Solutions, Inc. service is down for more than 0.1%, you may request a pro-rated credit for the down-time.
mpoweredSolutions.com, provides 24 x 7 technical support to our subscribers via our Support Ticket system. The following are our guidelines when providing support: mpoweredSolutions.com provides support related to your mpowered Solutions un-managed services. mpoweredSolutions.com does not offer technical support for application specific issues such as application configuration, cgi programming, web or mail server configuration, or any other such issue. mpoweredSolutions.com does not provide technical support to your customers. Please feel free to use our Contact Us page for further inquiries.
mpoweredSolutions.com reserves the right to suspend network access to any customer if, in the judgment of the mpoweredSolutions.com network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which mpoweredSolutions.com chooses. mpoweredSolutions.com will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. mpoweredSolutions.com reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
If at any time it becomes necessary for mpoweredSolutions.com to cancel a customer's service without cause, mpoweredSolutions.com will provide 30 days advance notice.
You may cancel the service at any time by using the "Cancel Account" link located on the "My Accounts" sub-tab of the mpowered Solutions Manager. Accounts are canceled immediately after confirmation. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.
If mpoweredSolutions.com assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to mpoweredSolutions.com, and Customer shall have no right to use that Internet Protocol address except as permitted by mpoweredSolutions.com in its sole discretion in connection with the Services, during the term of this Agreement. Our allocation of IP addresses is limited by ARIN's policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of mpoweredSolutions.com and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that mpoweredSolutions.com shall not be liable for any damages arising from such causes beyond the direct and exclusive control of mpoweredSolutions.com. Subscriber further acknowledges that mpoweredSolutions.com's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall mpoweredSolutions.com be liable for any special or consequential damages, loss or injury. mpoweredSolutions.com is not responsible for any damages your business may suffer. mpoweredSolutions.com does not make implied or written warranties for any of our services. mpoweredSolutions.com denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by mpoweredSolutions.com.
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that mpoweredSolutions.com may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, mpoweredSolutions.com shall have the right to terminate all service set forth in this Agreement.
You agree that your use of mpoweredSolutions.com shall be at your sole risk. All services provided by mpoweredSolutions.com are available as is, without warranty.
mpoweredSolutions.com wishes to emphasize that in agreeing to the mpoweredSolutions.com Terms of Service, customer indemnifies mpoweredSolutions.com for any violation of the Terms of Service that results in loss to mpoweredSolutions.com or the bringing of any claim against mpoweredSolutions.com by any third-party. This means that if mpoweredSolutions.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against mpoweredSolutions.com, plus all costs and reasonable attorney's fees.
You agree that mpoweredSolutions.com may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on mpoweredSolutions.com services.
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and mpoweredSolutions.com and govern your use of mpoweredSolutions.com services, superseding any prior agreements between you and mpoweredSolutions.com for the use of mpoweredSolutions.com services.
You will defend, indemnify, and hold harmless mpowered Solutions, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the "mpowered Solutions Parties") with respect to all claims, costs (including attorney's fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). mpowered Solutions retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section without mpowered Solutions' prior written approval.
THE MPOWERED SOLUTIONS PARTIES DO NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES' FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE MPOWERED SOLUTIONS PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."
THE MPOWERED SOLUTIONS PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE MPOWERED SOLUTIONS PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. THE MPOWERED SOLUTIONS PARTIES' LIABILITY IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO MPOWERED SOLUTIONS IN THE THREE MONTHS PRECEDING THE CLAIM.
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE MPOWERED SOLUTIONS PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE MPOWERED SOLUTIONS PARTIES , INCLUDING WITHOUT LIMITATION THE SERVICES (INCLUDING THOSE INCORPORATING USER SUBMISSIONS.)
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of Illinois. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Rockford, Illinois. Not withstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction. Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Services by binding arbitration by an arbitrator of our choice. Unless we establish a different location, arbitration hearings will be held in Rockford, Illinois. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.
The failure of mpoweredSolutions.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of mpoweredSolutions.com services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.