Please review the following Terms of Service and Acceptable Use Policy before ordering any services from madrooster.com, inc. You must agree with our Terms of Service and Acceptable Use Policy to purchase services from madrooster.com, inc.

Terms of Service/Acceptable Use Policy

madrooster.com (referred hereinafter as 'madrooster.com', 'our', 'we' and 'us') is a website hosting company. All accounts on our web servers, including single-domain, reseller and resold accounts, are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions below. We reserve the right to change this policy at any time without prior notification.

We reserve the right to spotlight any client's website.

1. User Conduct

Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to madrooster.com, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

This means that while using the service, you may not:

madrooster.com reserves the right to the final decision on what constitutes abuse.

2. Resource Usage, Adult-Oriented Sites

Users may not initiate the following on our servers:

Users are also required to abide by the following:

3. Severe Account Violations

We take a zero tolerance stance against any of the following activities:

Spam Policy: Sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice, this includes shared hosting, reseller and resold accounts. Additionally, any account owner or dedicated server owner who is in violation of this policy, will be charged clean up fees of $75.00 per hour.

Denial of Service Attack Policy: Any account launching a Denial of Service from our server(s) against any other server will be terminated without prior notice. Additionally, any account owner or dedicated server owner who is in violation of this policy, will be charged a fee of $1,000. This does not apply if any of your client's accounts are in violation of this policy.

Server Exploiting Policy: Any account who is attempting or has attempted to successfully or unsuccessfully exploit any of the server's services, including but not limited to the http server or ssh server, or attempting to gain root access will have their account terminated without notice. Additionally, any account owner who is in violation of this policy, will be charged a fee of $1,000. This does not apply if any of your client's accounts are in violation of this policy.

Abusive Behavior Against Staff: We believe in professional communication, no matter what the issue is. We will not tolerate any abusive behavior, abusive language or threats against any madrooster.com staff member(s). By violating this policy, we reserve the right to permanently suspend or terminate your account(s) without prior notice and without any refund.

madrooster.com reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion and without notice. madrooster.com also reserves the right to make any such modifications in an emergency at our sole discretion.

4. Indemnification

You agree to indemnify, defend, and hold harmless madrooster.com from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, madrooster.com, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

5. Refusal or discontinuation of service

madrooster.com reserves the right to refuse or discontinue service to anyone at madrooster.com's sole discretion. madrooster.com may deny you access to all or part of the service without notice if you engage in any conduct or activities that madrooster.com in its sole discretion believes violates any of the terms and conditions in this agreement. madrooster.com shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that madrooster.com has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. madrooster.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. madrooster.com also reserves the right to refuse refunds in cases where madrooster.com believes abuse has taken place.

6. No warranties

madrooster.com makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by madrooster.com or its agents or employees shall create a warranty. madrooster.com provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall madrooster.com be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with madrooster.com service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on madrooster.com's servers that such information becomes available to all Internet users and that madrooster.com has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of madrooster.com's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through madrooster.com or on the Internet generally.

Your use of the service is at your sole risk. madrooster.com is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on madrooster.com servers.

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by madrooster.com, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future madrooster.com policy decisions.

madrooster.com reserves the right to monitor any and all communications through or with our facilities.

7. Account-Holder Identification Information

You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply madrooster.com with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use and prosecute if wrong doing is found.

8. Sharing of account space & resale restrictions

You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You understand that as a reseller, you are the individual solely responsible for all use of the account.

9. Payment & Other Information

You agree to supply appropriate payment for the services received from madrooster.com, in advance of the time period during which such services are provided. You agree that until and unless you notify madrooster.com, through the online support desk of your desire to cancel any or all services received, those services will be billed on a recurring basis. You must include your account username and password for verification in order for your cancellation to be valid.

Payments made for dedicated server purchases, domain registrations, domain transfers or account upgrades are non-refundable.

Users who partake in the free domain registration promotional offer and cancel services within 1 year of their signup date are required to pay madrooster.com $12.95 for the domain registration fee.

Accounts that become past due will incur a $9.95 late fee and any account 10 days past due will be suspended and a $25.00 re-connect charge will be billed to your account if you request re-connection of your account. Accounts will be terminated from madrooster.com’s servers after 20 days of delinquency.

madrooster.com has a price freeze guarantee which states that the plan and pricing you commit to during signup, will never change for as long as you are a client, in good standing, with madrooster.com. This guarantee excludes plan add-ons, such as dedicated IPs, control panels, and other options offered by madrooster.com.

10. Agreement Acknowledgement

This agreement supersedes any written, electronic, or oral communication you may have had with madrooster.com or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

By placing and continuing to maintain or place information on madrooster.com’s servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

11. Money Back Guarantee

Each shared hosting and reseller plan include a full 30 day money-back guarantee. If more than 50% of the plans resources have been used, no refund will be issued. No refunds are issued after 30 days.

Payments made for dedicated server purchases, domain registrations or account upgrades are non-refundable.

If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount excluding overages, domain registration fees, domain transfer fees or account upgrades. No refund is available after that period for monthly subscribers. Unless otherwise stated by a billing representative, any refunds will be issued via-PayPal.com only. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, etc.

Accounts cancelled/terminated by madrooster.com for violating our Acceptable Usage Policy do not qualify for the 30-day money back guarantee. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact our customer service department.

12. Overages

Overages are billed at the end of each month. All accounts have three (3) days of the current period to process a hosting account upgrade for the overage of the previous month. You can upgrade hosting accounts to a higher level to avoid overage charges. Bandwidth overages are billed at $1.50/per GB over your allotted transfer.

13. Uptime Guarantee/Network SLA

We guarantee that the server and connectivity will be available at least 99.7% per calendar month, excluding scheduled maintenance outages and upstream provider issues. If the monthly outages exceed the maximum allowed .3%, madrooster.com will credit 5% (five percent) of the client's monthly fee per additional 30 minutes of outages, up to 100% (one hundred percent), excluding any overage fees, of the monthly fee. If you have one plan across multiple servers, the average uptime across shall determine the uptime percentage. In order to qualify for a credit, it must be requested at the end of the calendar month, within 30 days, and your account must be in positive standing.

14. Cancellation Policy

All cancellation requests must be submitted to our online helpdesk by the person listed as the main account contact. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable unless you are canceling within our 30-days money guarantee period. You must include your account username and password for verification in order for your cancellation to be valid.

15. Data Center Tours / Visits

Data center visits are restricted to co-location clients only. All data center access is escorted and must be prearranged with a minimum of 48 hours notice. A fee will be charged in the amount of $75.00 per hour in 5 minute increments for access to the data center. This includes, but is not limited to: general tours of the facility, access to servers and racks, installation of equipment, repair or monitoring of equipment, or any other activity that will require access to the data center.