Terms of Service

This agreement is between Symmetric Technologies, Inc. (doing business as “Main Street Sites” and hereinafter referred to as “Main Street Sites”, “us” or “we”) and you (hereinafter referred to as “you” or “User”).

You agree to the terms and conditions outlined in this Terms of Service Agreement (“Agreement”) with respect to our site hosted at www.mainstreetsites.com (“Site”) as well as the “Web Hosting”, “Back Office” and email hosting services offered by us (“Service”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Service, the content, products or services provided by or through our Site, and the subject matter of this Agreement. By using the Site or Service, you are agreeing to be bound by the terms and conditions of this Agreement.

This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site or Service. Any new features that augment or enhance the current Site or Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Site or Service after any such changes shall constitute your consent to such changes.

Account Terms

  1. You must provide your legal name, a valid email address, and any other information requested in order to complete the signup process for the Service. When you complete the sign-up process, an account which is uniquely identified by your email address will be created for you (“Account”).
  2. You are responsible for maintaining the security of your Service account and password. Main Street Sites cannot and will not be liable for any loss or damage from your failure to protect your login information, including your password.
  3. You are responsible for all text, images, settings, configurations and data posted (“Content”) as well as any activity that occurs under your account. This responsibility extends to Content that is posted by others who have sub-accounts under your Account.
  4. User agrees to our Privacy Policy. Main Street Sites may act as either a Data Processor or Data Controller depending on the specific processing activity, as detailed in our Privacy Policy.
  5. User agrees that Main Street Sites as well as its officers, directors, owners, agents, employees and contractors reserve the right to access User’s Account and Content when reasonably necessary for: (a) customer support requested by User, (b) technical support and system maintenance, (c) general troubleshooting of the Service, (d) compliance with legal obligations, (e) enforcement of these Terms of Service, and (f) protection of our rights, property, or safety. This may include limited access to message content when necessary to deliver the Service (for example, to troubleshoot technical issues, respond to support requests, detect spam or abuse, or comply with legal obligations). We do not otherwise routinely review message content. All access will comply with our Privacy Policy and applicable data protection laws.
  6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Service Payments and Refunds

  1. You agree that we have the right to bill your account for Service fees once the free trial period, if any, has ended.
  2. A valid credit or debit card is required for paying accounts. If you do not have a valid credit or debit card, you agree to provide a signed ACH Authorization form so that we can debit your bank account for fees due.
  3. With the exception of certain Usage Fees that are billed in arrears (viz., http://mainstreetsites.com/usage-fees), the Service is billed in advance on a monthly basis.
  4. All invoices are due on the date generated.
  5. All fees in connection with the Service are non-refundable, except for billing errors as specifically provided below.
  6. We are under no obligation to provide refunds or credits for partial months of Service, downgrades or for months unused with an open account.
  7. In the event of a billing error in which Main Street Sites underbills a customer for fees in connection with the Service, Main Street Sites will not bill the customer after the fact for lost revenue.  In the event of a billing error in which Main Street Sites charges excess fees in connection with the Service, User must notify Main Street Sites of any excess fees. Excess fees reported within 3 months of the time they were billed and paid will be applied as a credit towards future invoices.  Excess fees that were billed and paid 3 months or before the time they were reported will not be refunded.
  8. Main Street Sites reserves the right to fully or partially suspend Service to you if you have one or more invoices that is at least 15 days past due.
  9. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Modifications to the Service and Fees

  1. Main Street Sites reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
  2. Main Street Sites reserves the right to change monthly fees, usage fees or any other fees related to the Service upon 30 days notice from us. Fee change notices may be sent by email, posted to the Service or posted on the Main Street Sites website: www.mainstreetsites.com

Cancellation and Termination

  1. You alone are responsible for the proper cancellation of your account if you wish to discontinue use of the Service. Cancellation requests should be sent through e-mail to [email protected], and should include the name and e-mail address on your account.
  2. Upon cancellation, we may delete Content at our discretion. We may also retain certain Content or account data after cancellation, including to facilitate reactivation or as otherwise permitted by our Privacy Policy.
  3. If Main Street Sites has registered a domain name on your behalf, you must immediately request a domain transfer to a registrar of your choice if you’d like to retain the domain name after any cancellation or suspension of your service.  Main Street Sites is under no obligation to renew domain names for customers who terminate or suspend service for any time.   In addition, Main Street Sites is under no obligation to renew domain names for customers whose accounts were terminated or suspended due to non receipt of payment for any outstanding invoices due.
  4. Main Street Sites, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Main Street Sites reserves the right to refuse use of the Service to anyone for any reason at any time.

Copyright, Content and Content Ownership

  1. Main Street Sites owns the intellectual property rights to any and all protectable components of the Site and Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Site or Service which Main Street Sites owns.
  2. Main Street Sites claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to publish Content on publicly accessible websites, you agree that such Content may be viewed and shared by others. Private communications, such as emails or SMS messages, are treated in accordance with our Privacy Policy.
  3. You agree not to upload or create Content that contains, promotes or involves 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 a Main Street Sites server, or any other server that refers to content on a 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
  4. User agrees to assume full responsibility for any Site or Service Content created or uploaded by the User and acknowledges that User may be held legally responsible for such Content.
  5. User agrees that Main Street Sites is not responsible for Site or Service Content created or uploaded by other Users and acknowledges that Main Street Sites does not endorse or verify any such material.

Provisions for Email Accounts Hosted by Main Street Sites

  1. Main Street Sites reserves the right but is under no obligation to provide email hosting services to Users (the “E-mail Service”).
  2. Main Street Sites reserves the right to bill User for the E-mail Service. Billed amounts may depend on the storage capacity and/or the number of email accounts (i.e., mailboxes or email addresses) requested by User. Main Street Sites will request billing authorization from User before billing for the E-mail Service.
  3. User is solely responsible for the content of their email messages. User is not permitted to transmit email messages 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.
  4. 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 email account(s) may be terminated without notice.
  5. User agrees to be fully liable for the use of User’s email account(s), including any unauthorized use of an account by a third party. User agrees to notify Main Street Sites immediately if User becomes aware of any unauthorized use of an email account.
  6. Main Street Sites is under no obligation to back up or archive email messages related to User’s email account(s).
  7. If User’s email account(s) is/are cancelled by User or by Main Street Sites for any reason, we reserve the right but are under no obligation to delete all email (including attachments) associated with the account(s).
  8. 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.
  9. Main Street Sites may change the features or functionality of the E-mail Service at any time, in our sole discretion.
  10. Main Street Sites may discontinue the E-Mail Service for User at any time with or without notice, in our sole discretion.
  11. 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.

Provisions for SMS/Text Messaging Services

  1. Main Street Sites reserves the right but is under no obligation to provide SMS/text messaging services to Users (the “Messaging Service”).
  2. Main Street Sites reserves the right to bill User for the Messaging Service. Billed amounts may depend on message volume, carrier fees, or other usage charges. Main Street Sites will request billing authorization from User before billing for the Messaging Service.
  3. Main Street Sites acts solely as a technology platform provider and message routing service. Users acknowledge and agree that they are the “sender” of all messages under applicable telecommunications laws, including but not limited to the Telephone Consumer Protection Act (TCPA) and state mini-TCPA laws. Main Street Sites does not originate, control, or direct the content, timing, or recipients of User’s messages. Main Street Sites provides only the technical infrastructure and routing services. While we may provide tools to facilitate opt-ins and unsubscribe mechanisms, all marketing decisions, targeting, consent management, and compliance obligations remain solely with the User.
  4. User is solely responsible for the content, recipients, timing, and sending of their text messages. User may not transmit messages that (a) infringe on third-party rights; (b) violate any applicable law, statute, ordinance, or regulation; (c) are defamatory, abusive, threatening, or obscene in the opinion of Main Street Sites; or (d) contain malware or harmful code.
  5. User is solely responsible for ensuring all text messages comply with applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA), state mini-TCPA laws (such as Texas registration requirements), Canada’s Anti-Spam Legislation (CASL), and all other relevant federal, state, local, and international rules. This includes obtaining and maintaining valid consent from recipients, completing any required registrations and providing evidence of such compliance upon request within five (5) business days, observing jurisdiction-specific quiet-hour restrictions, providing clear opt-out mechanisms and honoring unsubscribe or “STOP” requests without delay, and maintaining documentation of consents, registrations, and compliance activities.
  6. Sending spam or other unauthorized bulk messages is prohibited. Main Street Sites will determine in its sole discretion whether any messages sent by User constitute spam or violate applicable laws. If User is found to be sending spam or non-compliant messages, User’s messaging privileges may be terminated immediately without notice.
  7. Main Street Sites reserves the right to monitor User’s messaging practices solely for compliance with these Terms and applicable laws. Such monitoring is limited to ensuring adherence to our terms of service and does not make Main Street Sites the sender, originator, or controller of any messages. Main Street Sites may determine whether messages violate these Terms or applicable laws based on technical indicators and reported violations.
  8. User agrees to indemnify, defend, and hold harmless Main Street Sites, its officers, directors, employees, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to User’s use of the Messaging Service, violation of these Terms, or violation of any applicable messaging laws or regulations. This indemnification obligation survives termination of the agreement.
  9. Main Street Sites considers the content of all User’s messages to be private. Main Street Sites will not intentionally disclose any of User’s messages unless Main Street Sites believes in good faith that disclosure is required (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. User must also respect the privacy and confidentiality of others.
  10. User agrees to be fully liable for the use of User’s messaging account(s), including any unauthorized use by third parties. User agrees to notify Main Street Sites immediately if User becomes aware of any unauthorized use of their account.
  11. Main Street Sites does not provide legal advice or compliance guidance. User is solely responsible for understanding applicable laws, obtaining legal counsel, and ensuring compliance with all messaging regulations in their jurisdiction and target markets.
  12. Main Street Sites is under no obligation to back up or archive messages sent or received through the Messaging Service. However, Main Street Sites may retain message logs or compliance-related data as required by law or for its own legal protection.
  13. Main Street Sites may change the features or functionality of the Messaging Service at any time, in its sole discretion. Main Street Sites may discontinue or suspend the Messaging Service for User at any time, with or without notice, including immediately upon reasonable belief that User is violating applicable laws or these Terms.
  14. User understands and agrees that any material or data obtained through the use of the Messaging Service is at their own discretion and risk, and User will be solely responsible for any damage, data loss, legal penalties, or regulatory fines resulting from such use.

Payment Processing

  1. User is solely responsible for ensuring all payment processing activities comply with applicable merchant processing agreements, card association rules, state and federal laws, and payment processing regulations, regardless of which payment processor or merchant services provider User utilizes.
  2. Main Street Sites does not provide legal, compliance, or regulatory advice regarding payment processing. Any assistance, configuration, clarification, or feature implementation provided by Main Street Sites personnel — including employees, contractors, owners, or officers — is offered solely to help Users understand the functionality of our platform and is implemented only at the User’s specific direction. Such assistance does not constitute legal, regulatory, or compliance advice, nor does it represent that a particular implementation is permitted under applicable laws, card brand rules, or User’s processing agreements. Users remain solely responsible for obtaining their own legal or compliance guidance and for ensuring that all payment processing activities comply with applicable requirements. activities comply with applicable requirements.
  3. When User requests implementation of payment processing features, Main Street Sites implements such features at User’s specific direction. Such implementation does not constitute Main Street Sites’ endorsement that the feature complies with applicable laws or agreements in User’s jurisdiction.
  4. Payment processing laws and regulations vary by state and jurisdiction. User is solely responsible for understanding and complying with all applicable requirements in their operating jurisdiction(s).
  5. User agrees to independently verify the legality and compliance of all payment processing activities with qualified legal counsel or compliance professionals before implementation, regardless of payment method or provider utilized. Where Main Street Sites acts as an agent for merchant services, any assistance in setup or configuration does not constitute a recommendation regarding compliance or suitability for User’s specific business requirements.

Representations and Warranties

  1. Your use of the Site and Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Main Street Sites does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
  3. Main Street Sites is not responsible for any deletion, alteration, or loss of data due to network or system outages, file or database corruption, computer viruses or malware, accidental deletion, or any other reasons in connection with your use of the Site or Service.
  4. Main Street Sites is not responsible for the actions or the inaction of any third parties that Main Street Sites uses in support of the Site and Service described in this Agreement.

Limitation of Liability

  1. Main Street Sites, its affiliates and its sponsors are neither responsible nor liable for any failures, delays, or interruptions in the delivery of the Site or Service; or any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Site or Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
  2. 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. 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;
    3. In no event shall Main Street Sites be liable for any damages, whatsoever, as a result of the termination of this Agreement.

General Conditions

  1. The Service is intended for users 18 years of age or older.
  2. You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Main Street Sites.
  3. You may not use the Service to store, host, or send unsolicited email (spam) or SMS messages.
  4. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  5. Main Street Sites will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
  6. You understand that the Service can be used for transmission of your Content, and that during processing, your Content, including invoices, event reminders, and personal messages, may be transferred unencrypted over the internet.
  7. You may not use the Service to transmit any viruses, worms, or malicious content.
  8. If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
  9. The failure of Main Street Sites to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Main Street Sites and governs your use of the Site and Service, superceding any prior agreements between you and Main Street Sites (including, but not limited to, any prior versions of the Terms of Service).
  10. 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.
  11. 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 that User uploaded, posted, or caused to be posted; (iii) illegal, libelous, or defamatory Content that User uploaded, posted, or caused to be posted; (iv) User’s violation of any merchant processing agreements, card association rules, or payment processing regulations; or (v) any payment processing practices, fees, surcharges, or configurations implemented at User’s request or direction.
  12. Use of the Service may involve international transfers of data. Such transfers are handled in accordance with our Privacy Policy.
  13. This Agreement is assignable to a third party by Main Street Sites, with notice to User. Such notice shall be sent by email or posted to the Service or posted on the Main Street Sites website at https://www.mainstreetsites.com/.
  14. This Agreement is governed by and construed in accordance with the applicable laws of the Commonwealth of Massachusetts.
  15. Questions regarding the Terms of Service should be sent to [email protected].
  16. File Vault storage capacity for a single Main Street Sites account shall be limited to 500MB.  Any additional File Vault storage over this limit will be billed at a rate of $10 per additional 500MB (or portion thereof).

Effective Date: September 5, 2025