MadBeeTech is a provider of an integrated package of website hosting, website builder
software, and shopping cart services for websites engaging in e-commerce. User accounts
with MadBeeTech are subject to compliance with the terms and conditions set forth
below. Under the terms of this agreement, your signing up for an account with MadBeeTech
is an acknowledgement that you have read and understood this agreement, and that
you agree to be bound by the terms and conditions below. If you do not wish to be
bound by these terms and conditions, you should not proceed to create a MadBeeTech
1. USER CONDUCT
MadBeeTech accounts may only be used for lawful purposes. Any use of these services
which violates any local, state, federal, or international laws which may apply
to MadBeeTech, your local jurisdiction, or any jurisdiction that you, your site,
or your sales area may be subject to is strictly prohibited.
While using the service, you may not:
Restrict or inhibit any other user from using and enjoying the Internet;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene,
offensive, indecent, pornographic, profane, or otherwise objectionable information
of any kind, including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any local, state, federal or international law, including without
limitation export control laws and regulations, and laws protecting intellectual
property including copyright, trademark, trade secret, misappropriation and anti-dilution
Post, publish, transmit, reproduce or distribute any information or software which
contains a virus or other harmful component;
Post, publish, transmit, reproduce, distribute or in any way exploit any information,
software, or other material obtained through the service for commercial purposes
(other than as expressly permitted by the provider of such information, software,
or other material);
Use your MadBeeTech account to facilitate the sale of any information, software,
hardware, product, or other material which violates any local, state, federal, or
international laws which may apply to MadBeeTech, your local jurisdiction, the jurisdiction
of the consumer purchasing from you, or any jurisdiction that you or your site may
be subject to;
Use your MadBeeTech account in conjunction with any promotion or sale of goods by
or for the purpose of Unsolicited Commercial E-Mail (UCE) or Spam. This includes
the sale of lists of E-mail addresses or software to be used for the purpose of
sending UCE or Spam;
While using your MadBeeTech website, you agree to the following minimum standards
for internet "e-commerce":
Resolve your customer order fulfillment complaints against you in a reasonable and
timely manner such that MadBeeTech does not receive a significant number of complaints
Provide your customers reasonable access to contact information on your website
so that they can contact you if they need to;
You agree to indemnify, defend, and hold harmless MadBeeTech from any and all liability,
penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or
claims caused by or resulting indirectly from your use of the service which damages
either you, MadBeeTech, or any other party or parties without limitation or exception.
This indemnification and hold harmless agreement extends to all issues associated
with your account.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
MadBeeTech reserves the right to refuse or discontinue service to anyone at MadBeeTech's
sole discretion. MadBeeTech may deny you access to all or part of the service without
notice if you engage in any conduct or activities that MadBeeTech in its sole discretion
believes violates any of the terms and conditions in this agreement. MadBeeTech
shall have no responsibility to notify any third-party providers of services, merchandise,
or information, nor any responsibility for any consequences resulting from such
discontinuance or lack of notification. You agree that MadBeeTech has the right
to monitor the service electronically from time to time and to disclose any information
as necessary to satisfy the law, or to protect itself, its subscribers, or consumers
of products or services sold via the shopping cart service. MadBeeTech reserves
the right to refuse to facilitate sales of any information or materials, in whole
or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation
of this agreement.
4. NO WARRANTIES
MadBeeTech makes no warranties or representations of any kind for the services being
offered. The service is provided on an "as is" and "as available" basis without
warranties of any kind, either express or implied, including but not limited to
warranties of title, noninfringement, or implied warranties of merchantability or
fitness for a particular purpose. No advice or information given by MadBeeTech or
its agents or employees shall create a warranty. MadBeeTech provides no warranty
that the service will be uninterrupted or error free or that any information, software
or other material accessible on or via the service is free from viruses or other
harmful components. Under no circumstances shall MadBeeTech be liable for any direct,
indirect, special, punitive, or consequential damages that result in any way from
your use of or inability to use the service, or for third parties' use of the service
to access your website, shopping cart service, any other service we supply or are
associated with, to access the Internet or any part thereof, or your or any third
parties' reliance on or use of information, services, or merchandise provided on
or through the service, or that result from mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in operation or transmission, or any
failure of performance. If you are dissatisfied with MadBeeTech's service or any
of its terms, conditions, rules, policies, guidelines, or practices, your sole and
exclusive remedy is to discontinue using the service.
You understand that by placing information on your MadBeeTech-provided website,
that such information becomes available to all Internet users and that MadBeeTech
has no way of limiting or restricting access to such information or protecting such
information from copyright infringement. You assume total responsibility and risk
for your use of MadBeeTech's services and the Internet. It is solely your responsibility
to evaluate the accuracy, completeness, and usefulness of all opinions, advice,
services and other information, and the quality and merchantability of all merchandise
provided through MadBeeTech or on the Internet generally.
MadBeeTech will provide you a reasonable amount of technical support to assist you
in building your website. You understand that the level, duration, and hours of
availability of the support provided is determined at the sole discretion of MadBeeTech,
and that providing any support does not constitute a warranty of any sort.
5. ECPA NOTICE
MadBeeTech reserves the right to monitor any and all communications through or with
our facilities or through facilities MadBeeTech makes use of. You agree that MadBeeTech
is not considered a "secure communications medium" for the purposes of the ECPA,
and that no expectation of privacy is afforded.
6. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible for use of this account, are
at least 18 years of age. You agree to supply MadBeeTech with a current and truthful
name, postal address, email address and telephone number for our records, and you
have a continued obligation to keep this information current. You also agree that
you are an authorized user of any checks or credit card account that you supply
to us and agree that we have an obligation to fully investigate any possible fraudulent
7. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper operation
of the system, including but not limited to defeating identification procedures,
obtaining access beyond that which you are authorized for, and impairing the availability,
reliability, or quality of service for other customers. You further agree not to
interfere with the proper operation of other systems reachable through the Internet,
including any attempt at unauthorized access. You agree to follow the Acceptable
Use Policy of any network or service you connect to.
You agree that the security of your account password is solely your own responsibility.
You further agree that if you believe that your account password has been compromised
in any way, you will notify MadBeeTech immediately via email to email@example.com.
You shall be held fully responsible for any misuse or compromise to your account
for which MadBeeTech is not properly notified. You agree that if any security violations
are believed to have occurred in association with your account, MadBeeTech has the
right to suspend all access to the account pending an investigation and resolution.
You also agree that MadBeeTech has the right to cooperate in any government or legal
investigation regarding any aspect of our services, including services sold to you.
Any use of our system to facilitate sales of pirated software, illegal products
or information, or other violations of law will result in account suspension and
be immediately reported to the appropriate authorities.
9. BACKUP OF DATA
Your use of the service is at your sole risk. As a service to users, MadBeeTech
does make periodic backups of user websites. You agree that this backup is done
as a convenience to you, and does not hold MadBeeTech liable in any way for loss
of website content or records resulting from purchases made by customers of your
10. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other harassing
or illegal materials through electronic mail, Usenet postings, or other Internet
media. The use of MadBeeTech or any other service with reference to services obtained
through MadBeeTech, for unsolicited mass mailings, postings, or other activities
considered an annoyance to others, commonly referred to as "spamming" is strictly
prohibited and may cause your services to be terminated immediately and without
warning and you will be held fully responsible for any damages to you, MadBeeTech,
or any other party or parties resulting from any such conduct.
You agree to supply appropriate payment in advance for the paid services received
from MadBeeTech, in accordance with invoices received via email from MadBeeTech.
You understand that failure to supply such payment in accordance with the instructions
contained in the invoice will result in account suspension. You understand that
MadBeeTech at its sole discretion has the right to refuse to reinstate a suspended
account regardless of subsequent payment attempts by you. Further, you understand
that there may be fees associated with reinstatement of a suspended account.
You understand that invoices for MadBeeTech service are sent out via email only,
and that it is your responsibility to maintain working email addresses in your account
configuration. You understand that your failure to receive these invoices for any
reason does not alleviate your responsibility to keep your account current.
Each period of hosting is paid for in advance and begins upon the purchase of your
account. Cancellation of your hosting account discontinues all future billings.
Hosting fees are refundable up to 14 days from date of purchase. A payment made by eCheck is not considered a valid
payment until the funds for the electronic check have cleared.
Your new account shall, at your option, include a one year registration of the domain
name of your choice. If you wish to keep the domain registered after one year, subsequent renewal payments
will be your responsibility. Inclusion of a new domain is at your option, and you
may instead choose to have MadBeeTech host your site using an existing domain that
is already in your possession.
12. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication you may
have had with MadBeeTech or any agent or representative thereof, and constitutes
the complete and total agreement between the parties.
If any provision of this agreement is determined to be invalid or unenforceable,
all other provisions shall remain in full force and effect and said provision shall
be reformed only to the extent necessary to make it enforceable.
14. TERMINATION OF AGREEMENT
The provisions of Section 2 (INDEMNIFICATION) and Section 4 (NO WARRANTIES) shall
survive any termination of this agreement.
By creation of an account, or continuing to maintain an account, with MadBeeTech,
you are stating and acknowledging that you have read the aforementioned terms and
conditions and that you understand such terms and conditions and agree to be bound