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Maikai Designs Terms and Conditions
Maikai Designs reserves the right to change
this policy any time. Maikai Designs strives to provide
the
best possible service to all our customers, but we
will not tolerate any unlawful activity or abuse on
our servers.
We respect freedom of speech and expression unless
it is harmful to others. These brief guidelines are
imposed
to protect you, other Maikai Designs customers and
us against such harm. (back
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Payment Policies, Fees, Refunds
and Terms of Agreement
Payment is required
before any service is rendered, which includes renewals.
For monthly accounts, prepayment is due each 30 days
following the date the account was established. Billing
will continue until you cancel your hosting account.
You may cancel at anytime.
As a policy, we do not offer credits or refunds for
hosting time already expended.
This only applies to cancellation
by the client.
If cancellation is done by Maikai Designs
due to restrictions violation, there will be no refund.
Maikai Designs will only allow for the discount if
cancellation
is not the fault of the client, as determined by Maikai
Designs. All monetary transactions are in $US dollars.
Additional features can be added at any time. Monthly
hosting prices are not prorated. Maikai Designs
reserves
the right to change prices at any time. (back
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Account Cancellation
You may cancel at anytime. To cancel
your account, please submit a request to us using our
"Contact Us" form. We may send you an email
to confirm that you wish to cancel. (back
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Indemnification Policy
You agree to use all Maikai Designs
services and facilities at your own risk. Maikai Designs
specifically disclaims all warranties of merchantability
and fitness for a particular purpose. In no event shall
Maikai Designs be liable for any loss, or loss of data,
or other commercial damage, including but not limited
to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save
and hold Maikai Designs harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorney’s fees asserted against Maikai Designs,
its agents, its customers, officers and employees, 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 or assigns.
Customer agrees to defend, indemnify
and hold harmless Maikai Designs against liabilities
arising out of:
- Any injury to person or property
caused by any products sold or otherwise distributed
in connection with Maikai Design's server;
- Any material supplied by customer
infringing or allegedly infringing on the proprietary
rights of a third party
- Copyright infringement
- Any defective products sold to customer
from Maikai Designs’s server.
Maikai Designs shall be the sole
judge of what violates this Policy. (back
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Server Abuse Policy
If we determine that any site on
our servers is using too much of the server's resources
and therefore abusing the server, we have the right to
suspend that domain without any notice. It is then up
to you to contact us and formulate a plan to get that
domain activated again. We are quick to suspend any domain
that abuses the server's resources due to the shared nature
of the server and the negative impact an abusing domain
has on other domains on the same server. (back
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Spam Policy Maikai
Designs is committed to a zero-tolerance, anti-spamming
policy. Under this policy, we prohibit spam, or any
unsolicited commercial email, from being sent either:
over the Maikai Designs network, by customers or any
other users of the Maikai Designs network (including
customers' customers); AND/OR over ANY network—
if the message sent advertises or mentions a site hosted
on the Maikai Designs server.
We react quickly and seriously to violations, and we
further reserve the right to terminate the services,
without prior notice, of any customer disregarding this
policy. Sending unsolicited commercial email (a.k.a.
"spam"), cross-posting messages to a large
number of Usenet groups, posting obscene or threatening
messages while using or referring to an Maikai Designs
email address or website URL is prohibited. The use
of Maikai Designs servers as a mail drop for responses
to activities described above is also prohibited.
If you have any complaints or comments regarding spam
on our network, please direct them to us via email.
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Content Policy
All services provided by Maikai Designs
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, trademark,
intellectual property, material we judge to be threatening
or obscene, or material protected by trade secret and
other statute without proper authorization. The subscriber
agrees to indemnify and hold harmless Maikai Designs
from any claims resulting from the use of the service
which damages the subscriber or any other party.
Pornography and sex-related merchandising is prohibited
on all Maikai Designs servers. This includes sites that
may infer sexual content, or links to adult content
elsewhere. Maikai Designs will be the sole arbiter in
determining violations of this provision.
Also prohibited are sites that promote any illegal activity
or present content that may be damaging to Maikai Designs
servers or any other server on the internet. Links to
such materials are also prohibited.
Examples of unacceptable content or
links:
- Pirated software
- Hacker programs or archives
- Warez sites
Maikai Designs does not host sites of
its competitors or web pages promoting sites of its
competitors.
Any illegal activity, including adult content, links
to adult content websites, spamming or hacking will
result in your site being shut down and all your files
deleted without warning.
Maikai Designs will be the sole arbiter as to what constitutes
a violation of this provision. (back
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Traffic Policy
Maikai Designs allows for very generous
traffic, and most sites never exceed 500MB per month,
unless they offer shareware, sound, video, image and
multimedia archives, are mirror sites or any site whose
primary purpose is file distribution. Maikai Designs
customers are discouraged from storing any files that
cause excessive traffic on Maikai Designs servers. Please
contact Maikai Designs Technical Support team for more
information. Again, 99% of the sites do not fall into
this category and never reach our traffic limits.
We reserve the right to refuse service to anyone for
any reason not prohibited by law. Also we reserve the
right to terminate service to any customer for any reason
not prohibited by law.
Any deliberate attempt to cause damage to Maikai Designs
or any other Internet servers will result in immediate
account deactivation without prior notice. No refund
is given in this case.
All account plans come with a predetermined amount of
traffic allowance. We monitor all accounts and bill
$10.00 for each gig of traffic exceeded. You will NOT
be charged for transfer that you use beyond our generous
data transfer limits without prior notification. (back
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