Terms of Service
1. Scope of
Services and Your Obligations
1.1. This
Agreement defines the terms and conditions of Mattvideo.com's services as
offered by Mattvideo.com and used by you, including the provision of web
hosting services on Mattvideo.com's dedicated servers and connectivity to the
Internet (the "Services"). Mattvideo.com will provide the Services
for the amount of server storage space selected in exchange for payment of fees
and full compliance with the terms and conditions of this Agreement. In
performing the Services, Mattvideo.com maintains control and ownership of any
and all Internet protocol ("IP") numbers and addresses that may be
assigned to you and reserves the right to change or remove any and all IP
numbers and addresses at its sole discretion.
1.2. As part of
the Services, Mattvideo.com will also provide your own web-based control
panel (the "Control Panel") containing links to your summaries of the
Services you have chosen, other features, etc... YOU AGREE TO VISIT THE TERMS OF
SERVICE AT LEAST ONCE EVERY 30 DAYS TO LOOK FOR ANY UPDATES AND OR CHANGES. Your
Control Panel also permits access to your website for uploading and modifying
the contents. You will provide a unique password for authentication each time
you access your website. You and Mattvideo.com will keep such password
confidential.
1.3. You are
responsible for producing, electronically uploading and maintaining HTML files,
execution scripts, applets and applications (the "Upload Materials")
to your website, and you hereby warrant that all Upload Materials shall be owned
or properly licensed by you and shall not adversely impact the Services or
violate any rights of any third parties. You are responsible for ensuring that
all Upload Materials will function properly and as intended. You are responsible
for all activity originating from your website, unless proven to be a victim of
outside hacking or address forgery. You assume responsibility for all material
on your website that may be put on by a third party (such as the usage of Free
For All links pages). Use of the Services requires a certain level of knowledge
in the use of Internet languages, protocols, and software, which can vary
depending on your anticipated use and desired content of your website, and
includes, but is not limited to, the following: web publishing requires
knowledge of HTML, properly locating and linking documents, FTPing web contents,
graphics, text, sound, image mapping, etc.; FrontPage web publishing requires
knowledge of the FrontPage tools as well as Telnet and FTP understanding and
capability; CGI-scripts requires knowledge of the UNIX environment, tar &
gunzip commands, Perl, CShell scripts, permissions, etc.; and mail requires
knowledge of use of mail clients to receive and send mail, etc. You acknowledge
that you have the necessary knowledge to create, modify and maintain your
website. Mattvideo.com assumes no responsibility to provide you with such
knowledge.
1.4. In connection
with the Services, Mattvideo.com may provide for your use certain tools and
software, including, but not limited to, certain specialty scripting software
and/or certain programming language software for designing websites
(collectively, the "Tools"). Access to these Tools may be via your
Control Panel (cpanel). These Tools are copyrighted and proprietary property
owned by Mattvideo.com. To the extent that such Tools are provided to you,
you are granted a nonexclusive, nontransferable license to use the Tools in
object-code form only for your internal use, solely in connection with the
Services provided under this Agreement. Said tools are provided to you (the
client) for FREE, and can be revoked, discontinued, updated, or changed at any
time under this Agreement.
1.5. During the
period that Mattvideo.com provides the Services to you, you hereby grant to Mattvideo.com
a nonexclusive, royalty-free, worldwide right and license to digitally display
and host your website and its content, and to use its trademarks, service marks,
trade names, logos and other commercial or product/service designations in
connection with the website and such Services.
1.6. For server
restoration purposes only, Mattvideo.com makes full back-ups of websites
weekly, and backups of new/changed data nightly; however, Mattvideo.com makes
no guarantees of any kind, either expressed or implied, as to the integrity of
these back-ups. You are responsible to maintain local copies of your website. If
loss of data occurs due to an error of Mattvideo.com, Mattvideo.com will
attempt to recover the data for no charge. Otherwise, Mattvideo.com will
attempt to recover the data from the most recent archive for a $50 fee.
1.7. Mattvideo.com
reserves the right to monitor its systems electronically and to access and
disclose any information as permitted or required by any law, regulation or
other governmental request to operate its systems properly, to protect itself or
its accountholders or for any other reason it in good faith deems necessary. Mattvideo.com
will fully cooperate with law enforcement authorities in investigating suspected
lawbreakers and reserves the right to report to law enforcement any suspected
illegal activity it becomes aware of. It is not Mattvideo.com's intention
that its Services or facilities be used in contravention of the Communications
Decency Act of 1996 (the "CDA") or any other applicable law.
1.8. You agree to
comply with the requirements of the CDA and the Digital Millennium Copyright Act
(the "DMCA") and acknowledge that Mattvideo.com is a "service
provider" under the DMCA and is therefore immune from liability under the
DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, Mattvideo.com
will accommodate standard technical measures used to identify and protect
copyrighted works, and, as further described herein, Mattvideo.com has a
policy of terminating accountholders who are repeat copyright infringers.
1.9. Websites are
unmodified forums containing the personal opinions and other expressions of the
persons who post entries on a wide range of topics. Neither the content of
websites located on Mattvideo.com's servers nor the links to other websites
are screened, approved, reviewed or endorsed by Mattvideo.com. Mattvideo.com
is not a publisher of any of the content of websites, or of any content that may
be available through the links to and from them, and is acting solely as an
Internet web-hosting service provider. The text and other material on such
websites are the opinion of the specific author and are not Mattvideo.com's
statements of advice, opinion or information.
2. Limited
Warranty; Limitation of Liability; Indemnification
2.1. Limited
Warranty. You acknowledge that the Services are provided "as is."
Neither Mattvideo.com, nor any of its employees or agents, warrants that the
Services will be uninterrupted, error free or free from viruses or other harmful
components. Mattvideo.com is not responsible for and hereby disclaims any
warranties, either expressed or implied, regarding the quality, accuracy, or
validity of the data and/or completeness, noninfringement, merchantability or
fitness for a particular purpose of information available on its sERVERS or
residing on or passing through its interconnecting networks. Use of information
obtained from or through the Services is at your risk. Under no circumstances
will Mattvideo.com be liable to you or any other person for any loss or
damage caused by your reliance on information available on its servers or
obtained through the Services.
2.2. Limitation of
Liability. IN NO EVENT SHALL Mattvideo.com BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF
WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR
INABILITY TO USE Mattvideo.com'S SERVICES (INCLUDING, BUT NOT LIMITED TO,
INOPERABILITY OF Mattvideo.com'S SERVERS), REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Mattvideo.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Mattvideo.com'S
MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Mattvideo.com FOR
THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE
LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, Mattvideo.com'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
2.3.
Indemnification. You agree to indemnify, defend and hold Mattvideo.com and
its affiliates, directors, officers, employees and agents harmless from and
against any liabilities, losses, damages or costs, including reasonable
attorneys' fees, resulting from any third-party claim, action, dispute or demand
related to your use of the Services, your violation of any of the provisions of
this Agreement or from your placement or transmission of any materials or
content onto Mattvideo.com's servers. Such liabilities may include, but are
not limited to, those arising from the following: (a) with respect to your
business, (i) infringement or misappropriation of any intellectual property
rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of
the rights of privacy or publicity; or (iii) spamming, or any other offensive,
harassing or illegal conduct or violation of the acceptable uses described
herein or anti-spam policy; (b) any damage or destruction to Mattvideo.com's
equipment or to any other accountholder, which damage is caused by or otherwise
results from acts or omissions by you, your representative(s) or your designees;
(c) any personal injury or property damage arising out of your activities
related to the Services, unless such injury or property damage is caused solely
by Mattvideo.com's gross negligence or willful misconduct; and (d) any other
damage arising from your equipment or your business.
3. Payment of
Fees
3.1. Mattvideo.com
will publish a notice of fee increases 30 days before such increases take effect
at the Newsletter link available from your Control Panel. A listing of current
monthly, quarterly, semi-annual and annual fees (each, a "Payment
Interval") can be found at www.Mattvideo.com.
3.2. You agree to
provide Mattvideo.com with accurate and complete billing information,
including your legal name, address, telephone number, e-mail address and
applicable payment date and to update this information immediately if any change
occurs. You must secure your account with a valid credit card. Payments must be
submitted in advance of receiving the Services.
3.3. You
acknowledge that Mattvideo.com will bill your credit card prior to the
Payment Interval you have chosen. You authorize automatic billing by Mattvideo.com
on an on-going basis during the term of this Agreement. All, but not limited to,
billing discrepancies, reversals, voids, etc, must be claimed or brought to the
billing department's attnetion within 90 days of the dispute date. If your
matter falls outside this range, contact Mattvideo.com directly and we will
try to work out the matter. This is for the protection of both Mattvideo.com
and the client, as legal books/taxes are handled quarterly.
3.4. Delinquent
accounts are those that remain unpaid at the beginning of the next Payment
Interval. The Services will be suspended if your account is delinquent, and Mattvideo.com
will insert a message at your website indicating your suspension that visitors
to your website will see. Notwithstanding any other rights Mattvideo.com may
have in this Agreement, all of your website contents will be destroyed if your
account is delinquent for 60 days. Mattvideo.com accounts continue to accrue
charges while they are delinquent or if the Services are suspended.
3.5. You
acknowledge responsibility for your account until payment in full is made.
4. Acceptable
Uses
4.1. Use and
Misuse of the Services. All complaints of abuse, violation and misuse of the
Services, whether described in this Section 4 or otherwise, shall be
investigated promptly. If you are not sure if your actions will be an abuse,
violation or misuse, please ask first: abuse@Mattvideo.com.
You are
responsible for all use of your website, with or without your knowledge or
consent.
You agree to use
the Services only for lawful purposes, in compliance with all applicable laws.
Illegality includes, but is not limited to, drug dealing; attempting without
authorization to access a computer system; pirating (distributing copyrighted
material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM
emulators); gambling; schemes to defraud; trafficking in obscene material;
sending a message or having content that is obscene, lewd, lascivious, filthy,
or indecent with intent to annoy, abuse, threaten, or harass another person;
threatening bodily harm or damage to individuals or groups; violating U.S.
export restrictions; stalking; or violating other state or federal law, such as
the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or
the Economic Espionage Act. Linking to illegal material is also prohibited.
When Mattvideo.com
becomes aware of possible violations of this Agreement, Mattvideo.com may
initiate an investigation that may include gathering information from you and
the complaining party, if any, and examination of material on Mattvideo.com's
servers. Mattvideo.com, in its sole discretion, will determine what action
will be taken in response to a violation on a case-by-case basis. Violations of
this Agreement could subject you to criminal or civil liability.
BY ACCEPTING THIS
AGREEMENT, YOU AGREE TO WAIVE AND HOLD Mattvideo.com HARMLESS FROM ANY CLAIMS
RELATING TO ANY ACTION TAKEN BY Mattvideo.com AS PART OF ITS INVESTIGATION OF
A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A
VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR
RECOVER ANY DAMAGES WHATSOEVER FROM Mattvideo.com AS A RESULT OF Mattvideo.com'S
DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE
YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED
VIOLATION OR AS A RESULT OF Mattvideo.com'S CONCLUSION THAT A VIOLATION HAS
OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
4.2. Use and
Misuse of Materials. Materials in the public domain (e.g., images, text, and
programs) may be downloaded or uploaded using the Services. You may also
re-distribute materials in the public domain. You assume all risks regarding the
determination of whether the material is in the public domain.
You are prohibited
from storing, distributing or transmitting any unlawful material through the
Services. Examples of unlawful material include, but are not limited to, threats
of physical harm, child pornography, and copyrighted, trademarked and other
proprietary material used without proper authorization. Pornography and
sex-related merchandising, or links to such material, even if legal, are not
acceptable uses of Mattvideo.com's servers. You may not post, upload or
otherwise distribute copyrighted material on Mattvideo.com'S servers without
the consent of the copyright holder.
Unacceptable uses
of website content also include the presence of the following programs or the
activities associated with them, regardless of whether or not any actual
intrusion results in the corruption or loss of data: server broadcast messages
or any message sent on an intrusive basis to any directly or indirectly attached
network; attempts to circumvent any user authentication or security of host,
network, or account; accessing data not intended for user; probing the security
of any network; spawning dozens of processes; port scans, ping floods, packet
spoofing, and forging router information; denial of service attacks, sniffers,
flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop;
promulgation of viruses; and IRC bots, such as eggdrop or BitchX. Mattvideo.com
supports free speech on the Internet and will not suspend or cancel your account
simply because it disagrees with your views expressed at your website. However,
examples of unacceptable activities include posting private information about a
person without his or her consent, defaming a person or business, and knowingly
making available code that will have a deleterious effect on third-party
computers. Where there are allegations that your on-line activity has violated
the legal rights of a third party, Mattvideo.com will not substitute itself
for a court of law in deciding tort claims raised by the third party.
4.3. Email Use.
Unacceptable affronts to netiquette and unacceptable activities include, but are
not limited to, the following: spamming (sending unsolicited advertising to
those with which you have no existing business relationship and posting
off-topic advertising in newsgroups); spoofing (using a return email address
that is not the valid reply address of the sender or sending an email message
that does not contain enough information to enable the recipient to identify
you); passive spamming (promoting a website hosted by Mattvideo.com by
spamming from some other source); trolling (posting controversial messages in
newsgroups to generate responses); mailbombing (inundating a user with email
without any serious intent to correspond or sending large or multiple files to a
user); generating a higher volume of outgoing mail than a normal user (over 10%
of available system resources); propagating chain letters; and subscribing
someone else to an electronic mailing list without that person's permission. A
message is considered unsolicited if it is posted in violation of a newsgroup
charter or sent to a recipient who has not requested the message. Making an
email address available to the public does not constitute a request to receive
messages. Distribution of mass emailing programs is also prohibited. All
recipients on a mailing list must have personally subscribed. Mailing lists may
not be used to distribute unsolicited email. If you are repeatedly mailbombed or
attract such behavior, the Services will be terminated.
You should not
send email to any user who does not wish to receive it, either at Mattvideo.com
or elsewhere. Mattvideo.com recognizes that email is an informal medium;
however, you must refrain from sending further email to a user after receiving a
request to stop.
You may not alter
the headers of email messages to disguise their identity or to prevent users
from responding to the messages. Mattvideo.com may disclose the usernames of
accounts responsible for forged email messages to system administrators or users
requesting the information.
Violations of the Mattvideo.com
policies outlined herein can sometimes result in massive numbers of email
responses. If you receive so much email that Mattvideo.com resources are
affected, Mattvideo.com staff may shut down your mailbox.
4.4. System
Security. You are prohibited from utilizing the Services to compromise the
security of system resources or accounts on servers at Mattvideo.com or at
any other site. Use or distribution of tools designed for compromising security
or containing viruses or trojans are prohibited. Examples of these tools
include, but are not limited to, password guessing programs, cracking tools or
network probing tools.
If you are
involved in violations of system security, Mattvideo.com reserves the right
to release all usernames of users involved in such violations to system
administrators at other sites in order to assist them in resolving security
incidents. Mattvideo.com will also fully cooperate with law enforcement
authorities in investigating suspected lawbreakers.
4.5. System
Resources. System abuse includes any use of Mattvideo.com resources that
disrupts the normal use of its servers or services for others. Examples of
system abuse include running excessive numbers of processes or consuming
excessive amounts of CPU time, memory or disk space.
Any usage of 10%
or more of Mattvideo.com's system resources is an undue burden on Mattvideo.com's
system and is unacceptable. If your usage ever exceeds 10% of system resources,
your account may be terminated immediately and without prior notice. In addition
any domain that exceeds 10 gigabytes of bandwidth traffic can be terminated
without prior notice. Mattvideo.com can set an additional domain name to be
pointed to your site's IP address for a one-time $10 set-up fee. Usage of
scripts or other utilities to direct pointed domain names to subdirectories is
not permitted and is grounds for termination.
Further, running
programs in the background on a Mattvideo.com server without Mattvideo.com's
prior written authorization, or running chat rooms, Internet Relay Chat, IRC
bots, more then 1,000 emails a day and the like are not acceptable uses of Mattvideo.com's
servers.
5. Mattvideo.com's
Right to Terminate Agreement
(a) Mattvideo.com
reserves the right to suspend or terminate the Services to you and remove or
prevent access to any material from your website at any time, without prior
notice or liability, for any conduct that Mattvideo.com, in its sole
discretion, believes violates this Agreement or is otherwise harmful to Mattvideo.com's
interests or the interests of other accountholders. (b) Mattvideo.com also
reserves the right to comply with the take-down provisions of the DMCA and to
seek injunctive, declaratory, interpleader or other judicial or equitable relief
(and, pending such action, to suspend all access to your website) if any
third-party claim is made that your website content or use violates any of the
acceptable uses or your obligations or representations described in this
Agreement.
6. Cancellation
of Accounts
6.1. You may
cancel your Mattvideo.com account only by submitting a support request
(sales@mattvideo.com). Charges for canceling accounts
are not prorated on a monthly basis.
6.2. All Mattvideo.com
accounts must be paid in full before the cancellation will be considered
complete.
6.3. If your
account is suspended or terminated for any reason permitted by this Agreement, Mattvideo.com
may, at its sole discretion, permanently delete your website contents from Mattvideo.com
servers, and Mattvideo.com will not be able to reopen or restore such
content.
7. Arbitration;
Governing Law
7.1. Except for Mattvideo.com's
compliance with take-down provisions of the DMCA or injunctive or other
equitable actions initiated by Mattvideo.com pursuant to Section 5(b), if any
controversy or dispute arises in connection with this Agreement, the Services or
your use of Mattvideo.com's servers, such controversy or dispute shall first
be presented for resolution by Mattvideo.com and you. If no resolution is
reached within 7 days thereafter, then such controversy or dispute shall be
resolved by binding arbitration in Columbus, Ohio, under the then-current rules
of commercial arbitration of the American Arbitration Association. Each party
shall select an arbitrator with expertise in computer law and the Internet, and
these two arbitrators shall select the third arbitrator with such expertise. The
validity, terms, performance and enforcement of this Agreement shall be governed
and construed by its provisions and in accordance with the laws of the State of
Ohio (without regard to conflicts of laws principles).
7.2 You hereby
irrevocably and unconditionally consent to submit to the exclusive jurisdiction
of the state and federal courts located in Ohio and or North Carolina for any
action, suit or proceeding arising out of or relating to Section 5(b) of this
Agreement and the arbitration contemplated by this Section 7.
8.
Miscellaneous
If Mattvideo.com
registered your domain then domain registration renewals will occur
automatically up to 1 month prior to your renewal date. The cost is 19.00/year,
and the term is 1 year. If you register a domain and you leave Mattvideo.com's
services within that year, it is your (the customer's) responsibility to submit
a support request at the following email address to have it renewed at the 19.00/year
price or it will NOT be renewed at all. url: support@mattvideo.com
You may not assign
your rights and obligations under this Agreement without the prior written
consent of Mattvideo.com, which may be withheld at Mattvideo.com's
discretion. Nothing contained in this Agreement shall be construed as creating
any agency, partnership, or other form of joint enterprise between the parties.
The failure of Mattvideo.com to require your performance of any provision
hereof shall not affect the right to require such performance thereafter; nor
shall the waiver by Mattvideo.com of a breach of any provision hereof be
taken or held to be a waiver of the provision itself. Any action for any claim
arising under, or in connection with, this Agreement must be commenced by you
within one year after the alleged cause of action has accrued or after the date
of termination of this Agreement, whichever is earlier. In the event that any
provision of this Agreement is deemed unenforceable or invalid, such
unenforceability or invalidity shall not affect the remainder of this Agreement.
Such provision may be amended or replaced with one that is valid and enforceable
and which achieves, to the extent possible, the original objectives and intent
of the parties as reflected in the original provision. No provision of this
Agreement may be amended or modified by you except by means of a written
document signed or expressly assented to by Mattvideo.com. All terms and
conditions of this Agreement that should by their nature survive termination of
this Agreement shall so survive. This Agreement and the Online Order form,
together with all amendments or modifications to any of them, constitute the
complete and exclusive agreement between you and Mattvideo.com and supersede
and govern all prior proposals, agreements, or other communications.
By clicking the
"I Accept" button, you agree to be bound by and to comply with this
Agreement just as if you had signed it, and clicking the "I Accept"
button is the legal equivalent of your signature on a written contract.