Terms and Conditions

MAIN STREET SITES SERVICES AGREEMENT

THIS AGREEMENT BETWEEN SYMMETRIC TECHNOLOGIES, INC.(doing business as "Main Street Sites" and hereinafter referred to as "Main Street Sites") and Account Holder (hereinafter referred to as "User")

WHEREASMain Street Sites provides the service (the "Service") of hosting World-Wide-Web sites in exchange for valuable consideration by the User;

AND WHEREASUser desires to subscribe to the Service on the terms and conditions contained herein;

NOW THEREFOREin consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby irrevocably acknowledged by the parties) Main Street Sites and User agree as follows:

The Service.Main Street Sites agrees to provide User with a hosted world-wide-web site (the "Site"). User agrees to be bound by the all terms of service found on www.MainStreetSites.com. In connection with the Service, Main Street Sites will
1. Assist the User in the registration, renewal, and transfer of top level domain names by transmitting to the Registrar (through a third party) any relevant information that is submitted;
2. Upon request, provide email access for the User domain (through a third party) and forward email to authorized email addresses;
3. Associate the User domain name with an IP address provided by Main Street Sites
4. Provide User with access to the Main Street Sites Content Management System, which will allow Users to enter content for their site;
Limitations.The Service is subject to the following limitations:
1. CPU Resources. User acknowledges that the Service is provided on a shared server environment and agrees not to engage in any activity that could overwhelm the servers with heavy CPU usage or that requires storage of over 20MB on Main Street Sites servers;
2. User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following:
  1. any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
  2. nudity or pornography;
  3. content that exploits children under 18 years of age;
  4. hate propaganda; including racist, threatening, or otherwise abusive language;
  5. the promotion or incitement of, or instruction for, the commission of illegal or fraudulent activities;
  6. sending of unsolicited e-mail (spam) from the Main Street Sites server, or any other server that refers to content on the Main Street Sites server, or sending such e-mail with a Main Street Sites' hosted Web site listed as the contact address;
  7. information or other material that contains a virus, corrupted data or any other harmful or damaging component;
3. User agrees that Main Street Sites is not responsible for content on pages hosted on member sites and acknowledges that Main Street Sites does not endorse or verify any such material;
4. User agrees to assume full responsibility for all files associated with the Site and acknowledges that User may be held legally responsible for the contents of the Site;
5. Backup and Monitoring. Main Street Sites will backup site content on a nightly basis. Other than this, user is solely responsible for creating backups of any files associated with the Site and for monitoring the Site;
6. Notice to Officials. Main Street Sites will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
7. Policies and Guidelines. User agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by Main Street Sites anywhere on the site www.MainStreetSites.com;
8. Bandwidth. Bandwidth. User agrees to be bound by the restrictions pertaining to allowable bandwidth data transfer on a per-month basis of 1 GB, or as otherwise stated on www.MainStreetSites.com; In the instance where User exceeds the bandwidth limit, the MAIN STREET SITES accounting department will contact User and offer User the option to either upgrade User's plan or reduce bandwidth usage. MAIN STREET SITES will reasonably cooperate with User in such instances. However, if User refuses to either upgrade User's plan or reduce bandwidth usage, MAIN STREET SITES will have the right to deactivate User's Web site with no compensation to User.
9. If Main Street Sites registers and pays for domain names associated with this service, those domain names shall be the property of Main Street Sites until the User has used the service for a minimum of 6 months. After this time, the User may request the transfer of ownership of any domain names used.
10. User agrees that Main Street Sites is NOT responsible for the actions or the inaction of any Third Parties that Main Street Sites uses to provide services described in this agreement.
Email provisions.The following provisions apply for email accounts provided by Main Street Sites:
1. Responsibility of the User. User is solely responsible for the content of their e-mail messages. User is not permitted to transmit messages on the E-mail service that (a) infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation; (c) are defamatory, trade libelous, threatening, abusive, or obscene in the opinion of Main Street Sites; (d) contain viruses or other similar harmful or deleterious programming routines; (e) contain links to any sites that include any malicious content in the opinion of Main Street Sites;
2. Account Size. User's e-mail box may store no more than the prescribed amount stated on www.MainStreetSites.com. When User's account approaches the maximum email box size, Main Street Sites shall notify User by email that User's account is approaching full capacity. If User does not subsequently delete email box contents to reduce email box size, then any further emails sent to User which results in User's email box exceeding maximum capacity will be returned to sender without notice to User.
3. Spamming is Prohibited. Main Street Sites will determine in its sole discretion whether any of the messages sent by User are considered as being spam. Spamming generally includes sending any form of email that can be interpreted as junk email or bulk email that the recipient has not specifically requested from User. Main Street Sites reserves the right to take legal and technical remedies to prevent User from sending spam. If User is found to be sending spam, User's account may be terminated without notice;
4. Privacy of User's Mailbox. Main Street Sites considers User's registration data and the content of all User's messages to be private. Main Street Sites will not intentionally monitor or disclose any of User's email messages or registration data unless Main Street Sites believes in good faith that Main Street Sites is required to do so (i) to enforce these Terms of Service, (ii) by law, (iii) to defend Main Street Sites in any action, or (iv) to protect Main Street Sites property. Additionally, User must agree to respect the privacy and confidentiality of others.
5. Registration Data. User agrees to provide Main Street Sites with current, complete, and accurate registration information in the registration process and to maintain and update registration information as necessary to keep it current, complete and accurate;
6. Personal Use. User agrees to be fully liable for the use of User's mailbox, including any unauthorized use of mailbox by a third party. User agrees to notify Main Street Sites immediately if User becomes aware of any unauthorized use of mailbox;
7. E-mail Retention. User must remember to check their mailbox for messages frequently.
8. Cancellation of Mailbox. If User's mailbox is cancelled by User or by Main Street Sites, all email, including any attachments may automatically be deleted;
9. Proprietary Rights. User agrees and acknowledges that they may not upload, post, reproduce, or distribute any content on or through the E-mail service that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice.
Amendments.User agrees to be bound by any amendments to this Agreement that are set out, from time to time, by Main Street Sites anywhere on the site www.MainStreetSites.com
Representations and Warranties.The Service is offered on an "as is" basis without any representations or warranties of any kind either expressed or implied. For greater certainty and without limitation to the generality of the foregoing:
1. Main Street Sites makes no representations, warranties or guarantees of any kind whether written or verbal regarding the reliability of the Site provided or any other services offered;
2. Main Street Sites is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons;
3. Main Street Sites makes no representations, warranties or guarantees with regards to server reliability, speed or consistency;
4. Main Street Sites makes no representations, warranties or guarantees as to the accurateness or correctness of any content on any of the Sites and is not responsible for any errors or omissions arising from the use of such information;
5. Main Street Sites may link to or include on its Web resources, information provided by third party partners and providers. Main Street Sites does not guarantee or warrant the reliability of this information nor does Main Street Sites recommend any of these services;
6. User expressly agrees that use of the E-mail service is at their sole risk. The E-mail services are provided on an "as is" and "as available" basis. Main Street Sites may change the features or functionality of the E-mail services at any time, in our sole discretion. Main Street Sites expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
7. User understands and agrees any material and/or data downloaded or otherwise obtained through the use of the E-mail service is done at their own discretion and risk and User will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data;
8. Main Street Sites makes no warranty regarding any goods or services purchased or obtained through the E-mail service or any transactions entered into through the E-mail service; and
9. No advice or information, whether oral or written, which User obtains from Main Street Sites or through the E-mail services shall create any warranty not expressly made herein.
Limitation of Liability.Main Street Sites is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the Main Street Sites server; or losses or damages arising from the use of the content or services provided by Main Street Sites. For greater certainty and without limitation to the generality of the foregoing:
1. Main Street Sites liability to User for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the fees paid by User to Main Street Sites, if any, for the prior 12 months;
2. in no event will Main Street Sites be liable to User for any indirect, incidental, or consequential damages arising out of the Service or in connection with the Site or any other services or products provided to User;
3. Main Street Sites, its officers, directors, owners, agents and employees, shall in no way be liable to User or anyone else for any loss or injury resulting from use of the Service or the Site;
4. in no event shall Main Street Sites be liable for any damages, whatsoever, as a result of the notifying of any official of potentially illegal content on the Site, providing copies of User's said Site to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
5. In no event shall Main Street Sites be liable for any damages, whatsoever, as a result of the termination of this Agreement pursuant to Article 8.
Indemnity.User agrees to indemnify and hold Main Street Sites harmless from and against, and to reimburse Main Street Sites with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) or every nature whatsoever incurred by Main Street Sites by reason of or arising out of or in connection with (i) any breach of this Agreement by User; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content on the Site; or (iv) illegal, libelous, or defamatory content on the Site.
Termination.
1. Either Main Street Sites or User may terminate this Agreement at any time upon providing thirty business days prior notice to the other party.
2. Main Street Sites may terminate this Agreement, discontinue the Service and delete the Site at any time without notice to User in any of the following circumstances:
  1. User violates any term of this Agreement, any municipal, provincial or federal laws or regulations, or any policy or guideline set out, from time to time, by Main Street Sites anywhere on the site www.MainStreetSites.com;
  2. User engages in conduct or posts material on the Site that Main Street Sites in its sole discretion believes is harmful to other Users, the business of Main Street Sites or any third-party;
  3. User engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the Main Street Sites server;
  4. Main Street Sites receives any complaints regarding User or the Site from any other Users or third parties.
3. Following termination of this Agreement, for any reason, User agrees not to use the Service or the Site in any manner or for any reason. A reconnection fee equal to the amount of the User's monthly fee will apply
Assignment.This Agreement is assignable to a third party by Main Street Sites, with notice to User. Such notice shall be made known on the Web site www.MainStreetSites.com.
General.
1. Waivers. No term or provision of this Agreement is deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party claiming to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, does not constitute a consent to, waiver of, or excuse for, any other different or subsequent breach.
2. Governing Law. This Agreement is governed by and construed in accordance with the applicable laws of the Commonwealth of Massachusetts.
3. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect.
4. Entire Agreement. This Agreement, together with all policies, guidelines and amendments set out, from time to time, by Main Street Sites anywhere on the site www.MainStreetSites.com , constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written.
5. Survival. Any terms and conditions of this Agreement, which by their nature extend beyond the term or expiry of this Agreement shall survive the termination or expiry of this Agreement. This includes, without limitation, Article 5 (Representations or Warranties), Article 6 (Limitation of Liability), Article 7 (Indemnity), Article 9 (Assignability) and this Article 10 (General).
6. Headings. The headings and captions used in this Agreement are inserted only as a matter of convenience and for reference and in no way are to be construed as defining, limiting, or describing the scope or intent of this Agreement.
7. Remedies Cumulative. Unless otherwise set out in this Agreement the rights and remedies granted to each party under this Agreement are cumulative and are in addition to each party's rights provided by law or otherwise. Each party may exercise its rights concurrently or separately. The exercise of one remedy is not deemed an exclusive election of that remedy, nor does it preclude the exercise of any other remedy.
8. Counterparts or Electronic Acceptance. This Agreement may be executed in counterparts, each of which is deemed to be an original and all of which together are deemed to be one and the same instrument, or may be executed by indicating assent through electronic means.
9. Privacy. User shall be responsible for maintaining the confidentiality of the User Account and password and shall be responsible for any and all consequences of use or misuse of the account and password.
Payment Policies.
1. Payment. Payment must be made in full for complete account activation.
2. Billing Cycle. All Main Street Sites hosting accounts are setup on automated monthly billing cycle. If a credit card fails, e-mail notification will be sent to User. If payment is not received within 30 days, service will be interrupted and reconnection fees equal to one month service will apply.