MaiaTech Web Hosting and Programming Terms, Conditions and Guarantees

By making use of our hosting or programming services, you agree to the following terms and conditions.

LIMITED WARRANTIES:

Hosting 30-Day Money-Back Guarantee: During your first 30 days of service, you may cancel and receive a complete unconditional refund of any money paid to us for hosting services. However, we cannot, under any circumstances refund money paid for domain registration, web site design, or web site programming and development.

Hosting Satisfaction Guarantee: After your first 30 days, if you're not happy with our hosting services for any reason, we will refund any unused portion of the money you have paid us. "Unused portion" is defined as follows: For monthly payment plans, invoices are issued for the upcoming month. Assuming you have no outstanding invoices, if your account is canceled before the next monthly invoice would have been issued, then the unused portion is equal to your monthly fee, divided by 30, times the number of days until your next monthy invoice would have been issued. For annual payment plans, invoices are issued for the upcoming year. Assuming you have no outstanding invoices, if your account is canceled before the next annual invoice would have been issued, then the unused portion is equal to your annual fee, minus the monthly fee rate for your selected plan times the number of months since you were last invoiced.

Uptime guarantee: It is impossible to guarantee that our server or connection will never be down. We do, however, offer refunds for excessive downtime. For any day that your site is offline for more than 15 minutes due to a problem with our server or our connection to the internet, you may request a refund or credit on your next bill of $1. Total refunds or credits shall not exceed the actual amount you pay for your hosting services.

TERMS AND CONDITIONS:

By contracting Carl Aron T/A MaiaTech Webhosting and Development (Hereinafter referred to as "MaiaTech") for web hosting and/or programming, you (Hereinafter referred to as "the client") agree to the following terms and conditions. Unless specifically agreed to in writing by MaiaTech and the client, no other terms, written or verbal, shall supercede these terms and conditions.

1. MaiaTech makes no warranty of any kind regarding the suitability of their services or products for any specific purpose. The client acknowledges that they have independently evaluated the services' or products' suitability for their specific purpose.

2. MaiaTech accepts no liability of any kind from the client's use of MaiaTech's services or products. The client agrees to compensate and hold MaiaTech harmless from any losses, damages or expenses (including, without limitation, attorneys' fees or loss of business) of any kind, resulting from the use of MaiaTech's services or products.

3. MaiaTech reserves the right to cancel any service, at their own discretion, with 30 days notice and a full refund of all funds paid by the client for services not rendered as of the cancelation date. We reserve the right to refuse or cancel an account with refund of any unused portion of fees paid to us, as defined in Limited Warrantees above, for any reason, without explanation. This clause may be used if it comes to our attention that the account is being used for purposes we deem to be unsuitable, but is not limited only to situations defined here. Possible uses that may be deemed unsuitable: sites that display or encourage child pornography; illegal activity; violence; discrimination based on sexual orientation, race, gender, religion, national origin, physical or mental disability, or age; material which violates intellectual property rights laws; accounts that send large unsolicited mass mailings or SPAM email using our mail server.

4. If the client is dissatisfied with a service or product provided by MaiaTech, they must make a complaint in writing, requesting a refund or repair of the product, within 30 days of that service or product being delivered, or forfeit the right to any refund for that service or product. For monthly-fee based services, this means that no refund will be given for any service provided more than 30 days prior to a formal complaint in writing. If such a complaint is made by email, it must be acknowledged in a return email by Carl Aron before it is considered delivered. No refunds will be issued in excess of funds already paid by the client for services not yet rendered as of 30 days prior to the complaint, for any reason whatsoever.

5. Payment Methods and Policies: MaiaTech accepts payment in the form of Credit Cards, personal or company checks, cashier's checks, and money orders. NSF checks will be charged a $50 US service fee. Credit Card numbers will be verified before transactions occur. Credit card fraud will be reported to the FBI and prosecuted to the full extent of the law.

6. Late Payments: Payment of all fees is due 30 days after invoicing. Late payments are subject to financing fees of 1.5% per month.

7. This is an agreement between independent contractors -- The client and MaiaTech. This agreement does not imply any partnership, joint venture, agency, franchise, sales representative or employment relationship between the client and MaiaTech. You will not have, nor will you represent that you have, any authority to make or accept any offers or representations on our behalf.

8. If the client contracts MaiaTech to produce custom software for client's use or for resale to a third party, then unless otherwise specifically agreed in writing, the client is purchasing a single copy of the software created for client's own use or the use of a single third party. MaiaTech and Carl Aron retain all copyrights to the software, and client agrees not to resell additional copies of the software without purchasing rights to do so from MaiaTech. If the software is installed on a website hosted by MaiaTech, and the client cancels MaiaTech hosting services, they are entitled to one copy of the software on disk or delivered via email or other digital means. Re-installation of the software on another server is not included, but may be contracted for a fee.

9. We may modify any of the terms and conditions of this Agreement, at any time and in our sole discretion, by posting a change notice and the new agreement on our site. Modifications may include but are not limited to changes in available fee or payment schedules. YOUR ONLY RECOURSE TO CHANGES UNACCEPTABLE TO YOU IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF SERVICE(S) or PRODUCT(S) FOLLOWING THE POSTING OF CHANGE ON OUR SITE WILL CONSTITUTE A BINDING ACCEPTANCE OF THE CHANGE.

10. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PURCHASING OUR SERVICE(S) OR PRODUCT(S) AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

11. This Agreement will be governed by the laws of the state of Maryland, without reference to rules governing choice of laws. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. Any action relating to this Agreement must be brought in the federal or state courts located in the state of Maryland and you irrevocably consent to the jurisdiction of such courts with your acceptance of this Agreement. If any part of this agreement is found unenforceable under the laws of any applicable jurisdiction, all remaining portions of this agreement will continue in effect.