This agreement sets forth the terms and conditions agreed to between you, the client and/or service subscriber, and M Media. Use of the services of M Media constitutes your agreement on all and any terms and conditions of this agreement and other supplemental policies. The terms may change without your prior notice.

Content

All services provided by M Media 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, material we judge to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless M Media from any claims resulting from the use of the service which damages the subscriber or any other party. Any and all pornographic content and sex-related merchandising is prohibited on all M Media servers. This includes sites that may infer sexual content or links to adult content elsewhere. M Media 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 M Media 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,etc... M Media will be the sole arbiter as to what constitutes a violation of this provision.

Hosting, Design, Development & Multimedia (Works) Service Agreement

M Media works on a strict hourly basis. All hosting fees, development fees, retainers and/or hourly based work is completely and totally NON-REFUNDABLE under any circumstances. It is important that the client has reviewed past work by M Media, freely available for viewing in the "Clients" area of this website, http://www.mmediausa.com, and it is up to the client to decide if M Media has the development, design and/or layout skills and attributes necessary for said hourly work. It is the clients' responsibility to review completed work for accuracy, and that any additional work, however and for whatever reason requested, will be billed at M Media's standard hourly rate, ALWAYS WITH A ONE HOUR MINIMUM CHARGE. The client is purchasing the specified project end-product only, all development files remain the sole property of M Media. Under no circumstances will development files be made available to client or additional parties. M Media will not be in anyway responsible for inaccurate information supplied by the client. Whether a client uses a design created by M Media or not is completely inconsequential, and under no circumstances will there be any situation where there will be a refund or credit given to said client. M Media development, designs or multimedia may not, under any circumstances, be copied, plagiarized or reproduced, EVEN BY THE OWNER without express permission from M Media, unless based on a previous agreement with M Media. Any reproduction of our works will result in the party at fault being invoiced for the full price of the project for every instance of infringement.

Website Updates & Usage

M Media is not responsible for assisting and/or training clients on html or website updating software use or any other type of software; it is up to the client to understand the type of software they are using and how to use it. M Media will always ensure that any website is functional by assisting the client, always at our hourly rate.

Email Usage

M Media is not responsible for assisting and/or training clients on email client software use or any other type of software; it is up to the client to understand the type of software they are using and how to use it. M Media will always ensure that any email account is functional by assisting the client in sending and receiving email, but beyond that, it is up to the client to make they, or their staff is trained.

Commercial Advertising

Email: Spamming, or the sending of unsolicited email, from an M Media server or using an email address or domain that is maintained on an M Media machine as reference is STRICTLY prohibited. M Media will be the sole arbiter as to what constitutes a violation of this provision.

IRC and Server Abuse

We currently do not allow IRC or IRC bots to be operated on our servers. Any attempt to undermine or cause harm to a server, or customer, of M Media is strictly prohibited. Unlinked files, of text, or graph, or mixture of both, should not be stored in your server. Heavy-duty CGI should not be installed and run in shared servers.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion. All Sub-Networks, distributive hosting sites and dedicated servers of M Media must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation. No refund will be issued should a subscriber account is terminated because any terms and conditions listed here are violated by the subscriber.

Limitation of Liability

Although M Media assures that you receive a service as claimed, M Media in no way assumes ANY responsibility for ANY kind of loss associated with use of your virtual server by any cause including, but not limited to, M Media personal neglects, server failure, misuse by the subscribers or web hosting service clients, or God's act of any other kind. By using M Media web hosting service, subscribers or web hosting service clients agree to waive their rights to challenge M Media/M Media. in any legal form should any loss is caused during use of virtual servers.

Representations and warranties

M MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE M Media SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

Governing Law

You agree that any action to enforce this agreement shall be brought exclusively in the United States District Court in the State Of Texas that has the jurisdiction over the area M Media is located in.

Domain Registration Service agreement

This domain registration agreement between you and M Media sets forth the terms and conditions of this agreement concerning your use of the domain registration services at M Media including new domain registration, domain registration renewal, and domain registrar transfer from M Media to the recipient registrar or vise versa unless otherwise specified. You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this agreement, as well as any additional rules or policies of both M Media and other authoritative organizations or governing agencies that are mentioned in this agreement, or published or may be published at M Media web site from time to time.

This agreement as well as any additional rules and policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and M Media concerning your use of the domain registration services, and supersede and govern all prior proposals, agreements, or other communications. Use of M Media domain registration services constitutes your complete agreement on the terms and conditions set forth in this agreement.

Domain Name Registration, Administration, and Renewal Services

M Media is a domain registration service provider that is affiliated with both tucows.com and bulkregister.com, both of which are accredited by ICANN, the Internet Corporation for Assigned Names and Numbers. After receiving your orders, M Media registers and or renews domain names including but not limited to .com, .net, and .org gTLDs on your behalf. M Media registers domain names on your behalf to either tucows.com or bulkregister.com or both at our discretion unless you specify which registrar you want us to register your domain names to.

By submitting your order for the domain registration services of M Media, you acknowledge that you have read, understood and agree to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), and the registration agreement of bulkregister.com or tucows.com, whichever accepts your domain registration, THIS agreement of M Media for all .com, .net and .org domain name registrations or renewals. All the agreements and policies may be changed from time to time without your prior notice. Make sure to review this agreement often.

No Guarantee of Registration or Renewal

You acknowledge and agree that M Media cannot guarantee that you will be able to register or renew a desired domain name, even if an search query in whois database indicates that the domain name is available. This is so because many factors including, but not limited to the inaccuracy of whois database, the competition for the domain name from other registrars, and any registration system glitches may make your registration failed. You further acknowledge and agree that M Media may elect to accept or reject your order for domain registration and or renewal for any reason at its sole discretion. You also acknowledge and agree that M Media is not liable or responsible in any way for any loss or damage caused by any actions by the domain registries and domain registrars. In addition, you agree to indemnify, defend and hold harmless the personnel and affiliates of the domain registries and domain registrars from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to your domain registration including but not limited to the new domain registration, the domain renewal, registrar transfer for and the maintenance of a particular domain name. You acknowledge and agree that it is your responsibility to submit your order to renew your domain names. The registries, registrars and M Media will not automatically renew your domain names with your order.

Your Representations

By using the domain registration services of M Media, you hereby represent and warrant to us that (a) your registration data is complete and accurate; (b) to your knowledge, your domain registration will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. You acknowledge and agree that it is your responsibility to determine whether your domain registration infringes or violates the rights of others. You knowledge and agree that it is your responsibility to keep all the registration data accurate and complete.

Domain Name Management

M Media considers the entity named as the administrative contact as the authority that has the power to change any registration data including, but not limited to, administrative contact, billing contact, and registrant information, domain name server names and their corresponding IP numbers. You further acknowledge and agree that change of any registration data will be made by M Media after email confirmation that the request is sent by the administrative contact. M Media confirms its identity of the request sender by verifying the payment information for the domain name, or email confirmation. You acknowledge and agree that M Media is not in any way to safeguard your domain registration and domain renewal, and registrar transfer, and is not liable or responsible for any deletion or malfunction of your domain name which may lead to your business and or financial loss. You agree that it is your responsibility to watch the domain registration data including the expiration date of your domain name from time to time. As a courtesy, M Media sends out domain renewal notice whenever appropriate by postal mail and or email. M Media does not automatically renew your domain names unless you authorize us to do so. You acknowledge and agree that it is your responsibility to send your order to us in time to avoid any deletion or suspension of your domain name or domain registration. The fees for domain registration services are specified in this web site such as in the order form.

Domain Registrar Transfer

Registrar transfer per se, both from M Media to the recipient register or vise versa, is free of charge at M Media. When you request your domain name be transferred from another registrar to M Media (so-called registrar transfer), M Media will charge a fee to renew your domain name for one year when it is being transferred to us. In the case that you request your domain name be transferred to another registrar, you acknowledge and agree that you must reply to the confirmation email sent by M Media to confirm your request within 48 hours and M Media has the right to reject the request if the request remains unconfirmed within 48 hours. You acknowledge and agree that only the administrative contact has the right to authorize the registrar transfer for the domain name and only the email confirmation by the administrative contact is taken as the authorization for M Media to release the domain name to the recipient registrar. You acknowledge and agree that M Media is not liable for any loss that could be caused during the process of the registrar transfer.

User Name and Password

Because of the nature of the registration process, you may or may not have access to your domain record. In the case that you have access to your domain name, you may request the id/password be sent to you so you can manage your domain name yourself. Please safeguard your user name and password because any unauthorized use or misuse of your id/password could lead to loss of your domain name or interruption of its function. You acknowledge and agree that in no event will M Media be liable for the unauthorized use or misuse of your user name or password. In the case that your domain name is registered to a registrar so that you do not have access to the domain record, M Media will assist you to update the registration data upon your request. You acknowledge and agree that it is your responsibility to monitor the updating of your registration data and notify M Media promptly of any failure of the updating of your registration data.

Fees and Renewals

The fees for your hosting, domain name registration, domain renewal and registrar transfer must be paid upon submission of your order, with NO REFUNDS under any circumstances. M Media takes actions only after the payment is made to M Media's bank account and or merchant account. In the case that you fail by any means and for any reason to pay the fee while the domain name is registered or renewed, you acknowledge and agree that M Media has the right to dispose the domain name at its sole discretion including, but not limited to reselling the domain name to another party or back to you at a price determined solely by M Media. You acknowledge and agree that all fees are non refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then current registration term. You acknowledge and agree that M Media has the right to change the domain registration fee, renewal fee, and other fees associated with your domain registration without prior notice. M Media may add additional fees whenever it can justify such fees

Changes of this Agreement and Additional Rules or Policies

You acknowledge that M Media may modify this agreement, as well as any additional rules or policies that are or may be published by M Media at this web site. Your continued use of any domain registration service provided by M Media shall constitute your acceptance of this agreement as well as additional rules or policies that are or may be published by M Media. If you do not agree on any of such changes, you may request that your domain name registration be canceled or transferred (so called registrar transfer) to another registrar. You acknowledge and agree that such cancellation or request for transfer will be your exclusive remedy and M Media is not liable or responsible for loss of your domain registration during the transfer for any reason.

Disclosure and Use of Registration Data

By using the domain registration service, you represent and warrant that the registration data you submit is complete and accurate. The registration data including the name and address of the registrant, and the names, addresses, phones, and email addresses, and affiliated organizations of the administrative contact and billing contact entities. Your registration data is subject to the public query though Whois database and other channels. You acknowledge and agree that M Media is not responsible for preventing your registration data from being collected by any individual and organization including, but not limited to the domain registries and domain registrars. M Media does not knowingly release your domain registration data to any party at any time for any reason except for legal compliance.

Agents and Licenses

You agree that, if you are using the services of M Media for your client, you represent that you have the authority to nonetheless bind your client as a principal to all terms and conditions provided herein, including the ICANN dispute Policy and the agreement of our affiliated registrars. You accept liability for any harm caused by wrongful use of the services. You agree that if you license the use of a domain name registered in your name to a third party, you shall be responsible for all obligations for the domain registration and consequences from the leased use of your domain name under this agreement.

Suspension, Cancellation, Rejection and Modification of the Services

You acknowledge and agree that M Media may suspend, cancel, reject or modify your use of the M Media services at any time, for any reason, at its own sole discretion. You also acknowledge and agree that M Media may reject, suspend, cancel, transfer or modify your domain name registration if (a) you materially breach this agreement and or any additional rule or policy and do not remedy such breach within a time period specified by M Media after the breach occurs, (b) you use your domain name in connection with unlawful activity.

You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification by the domain registries and registrars pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN adopted policies, (iii) registration agreement of the applicable registrar, and/or (iv) the registries' policies and or administrative procedures (v) court orders.

Limitation of Liability

YOU AGREE THAT M MEDIA WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS AND OR DAMAGE DIRECTLY OR INDIRECTLY CAUSED BY ANY REASONS INCLUDING, BUT NOT LIMITED TO (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS ASSOCIATED WITH YOUR DOMAIN REGISTRATION, (d) DYSFUNCTION OF THE WEB SITE USING YOUR DOMAIN NAME, (f) EVENTS BEYOND M MEDIA'S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR ORDER FOR DOMAIN REGISTRATION, DOMAIN RENEWAL, AND REGISTRAR TRANSFER, (h) DOMAIN DISPUTES UNDER THE ICANN DISPUTE POLICY OR ANY OTHER ADOPTED POLICIES FROM AUTHORITATIVE ORGANIZATIONS OR AGENCIES, (i) REGISTRATION SYSTEM FAILURE OR GLITCHES, (j) PERSONNEL NEGLECT FROM THE DOMAIN REGISTRIES, DOMAIN REGISTRARS, AND M MEDIA, AND (k) GOD'S ACT. IN NO EVENT SHALL M MEDIA'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES WITH THE UP LIMIT $500.00.

Indemnification of M Media

You agree to defend, indemnify and hold harmless M Media and its holding company M Media and their personnel and affiliates for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to (i)your use of the domain registration, domain renewal, and registrar transfer services at M Media, and (ii) your use of any domain name registered in your name.

Representations and Warranties

M MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR M MEDIA SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, M MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION, RENEWAL, REGISTRAR TRANSFER OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED IN YOUR NAME.

Governing Law

You agree that any action to enforce this agreement shall be brought exclusively in the United States District Court in the state of Texas that has the jurisdiction over the area M Media is located in.