Terms and Conditions of Service
You must accept the terms of this Agreement in order to use the Services.
NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.
This agreement, and all other agreements and policies incorporated by reference (together the "Terms of Service"), is entered into between HayesMedia.org ("Hayes Media," "we" or "us") and the person or entity purchasing or using our services ("customer," "you" or "your"). It is effective by visiting the website or using a product or service ("service" or "services") we provide, whichever is applicable.
Payment For Services
The pricing, features and terms of the services you purchase from us are described on the website you placed the order from. These services are provided to you based on the description page and the effective date (which is the date you ordered the service). The description web page may change during the term of your order, however you are only bound by the service and description based on the effective date (time of order).
Bandwidth, Storage and Backups
You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes (MB) per month, you agree to pay the associated additional charges. Data stored in your user account on a Servers operated by Hayes Media is not owned by Hayes Media; therefore Data preservation and backups are the ultimate responsibility of you, the client. While we make every effort to backup and preserve data on a regular basis, we neither express nor imply the integrety of availability of such data. Hayes Media is in no way responsible for client data and/or the backup of that data.
You agree to pay all invoices for services, fees and charges in connection with the deliverhy of said services. This includes late payments and interest, charges for returned checks, reasonable attorney fees associated with the enforcement of our terms. Payments for invoices due shall be paied within 15 days of the invoice or we may charge a 10% late fee on past due accounts. If you dispute any charges on your bill, you agree to notify us within 30 days of the invoice date on the disputed bill. All items not in dispute must be paid in full. Once terms of purchased services end, you will be automatically renewed for the same plan unless cancelled through your control panel or notice is provided at least 7 days prior to the next billing date. We may terminated any or all services without additional notice if payment for said services is not paid for by the due date. If, after termination, you wish to restore services there may be additional fees and deposits required, including prepayment for those services.
Termination Of Services
The billing term, agreed upon during the signup of services, will automaticall renew each period unless otherwise explicity cancelled (by submitting a support ticket to billing, emailing billing@hayesmedia.org or by some other form of written cancellation) 7 days prior to the next billing date. Hayes Media reserves the right to terminate the services of any account for any reason with or without prior notice. By purchasing a service from Hayes Media, you agree to hold Hayes Media completely free from any and all liability associated with the operation or termination of any and all services; including but not limited to: loss of access to resources, loss of revenue, security or breach of secure or sensitive information, costs associated with transferring services or data to another provider, lost data, and the cost of repair or development costs.
Refund Policy
If for any reason your are not satisfied with the Hosting Services provided, we offer a full money back promise. Simply cancel your Hosting Plan within the first thirty (30) days of service and we will refund your money. After that period, you may cancel your Hosting Service at any time, however you will not receive a refund for services already rendered. For example: Domain registration, Website Development or Internet Marketing and Search Engine Optimization or Website Promotion, or Hosting Services you've used once past the 30 day guarantee period.
Acts Beyond Our Control
We shall not be deemed in breach of our obligations if our services are delayed or prevented by reason from an act of God, fire, natural disaster, accident, riots, acts of government, shortage of materials or supplies, failure of transportation or communication, third party nonperformance (including, without limitation, the failure or performance of common carriers, interexchange carriers, local exchange carriers, suppliers and subcontractors), or any other cause beyond our reasonable control.
Limitation of Liability
ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE MAKE NO WARRANTY, EITHER EXPRESSED OR IMPLIED, ABOUT OUR EQUIPMENT, SERVICES. WE DISCLAIM ALL WARRANTIES, EXPRESSED, IMPLIED, OR ARISING BY LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL, HOWEVER, REPAIR OR REPLACE AT NO CHARGE TO YOU ANY OF OUR EQUIPMENT THAT, IN OUR SOLE JUDGMENT, FAILS TO OPERATE PROPERLY BECAUSE OF A DEFECT OR ORDINARY WEAR AND TEAR. YOU ACKNOWLEDGE THAT WE DO NOT EXERCISE CONTROL OVER THE CONTENT OF INFORMATION PASSING THROUGH THE EQUIPMENT WITH THE SERVICES WE PROVIDE. WE DO NOT TAKE ANY RESPONSIBILITY FOR THE ACCURACY, QUALITY, OR NATURE OF THE INFORMATION OBTAINED THROUGH THE SERVICES WE PROVIDE. WE WILL NOT BE RESPONSIBLE FOR LOSS OF PROPERTY OR INJURY RESULTING FROM ANY DEFECT IN THE EQUIPMENT, ITS INSTALLATION, DISCONNECTION, OR OTHERWISE; OR FOR ANY SERVICE, SERVICE FAILURE, OR INTERRUPTION RESULTING FROM CIRCUMSTANCES BEYOND OUR CONTROL. OUR ONLY RESPONSIBILITY FOR ANY FAILURE OR INTERRUPTION OF SERVICES WILL BE TO CREDIT YOUR ACCOUNT IN ACCORDANCE WITH THE PROVISIONS OF THE SERVICE LEVEL AGREEMENT. IN NO EVENT SHALL OUR LIABILITY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT OF FEES PAID BY YOU IN THE APPLICABLE MONTH. WE SHALL IN NO EVENT BE LIABLE FOR (i) LOSS OF PROFITS OR GOODWILL, (ii) LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR (iii) CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR CONTINGENT DAMAGES OF ANY KIND (WHETHER ARISING IN CONTRACT, TORT, INCLUDING NEGLIGENCE FOR ANY ACT OR OMISSION, STRICT LIABILITY, WARRANTY OR OTHERWISE), OR BECAUSE OF ANY DELAY BY US OR OUR AUTHORIZED REPRESENTATIVES IN PROVIDING THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law
The Terms and Conditions shall be construed and enforced in accordance with the laws of the State of Georgia, United States of America (without regard to its principles of conflicts of laws) and applicable federal laws and any applicable tariffs, rules, and regulations. Any action to enforce The Terms and Conditions shall be brought in a state or federal court located in Lowndes County,Georgia. In addition, our performance hereunder shall be subject to any applicable governmental rules, regulations, and tariffs filed by us or our affiliates with governing regulatory authorities. In the event of a conflict between the terms of any applicable tariff, rule, or regulation and the Terms and Conditions, the tariff, rule or regulation shall control, with respect to such conflicting provision. All non-conflicting terms of the Terms and Conditions shall apply. If any portion of this Agreement is illegal or unenforceable, such portion(s) shall be excluded from this Agreement to the minimum extent required and the balance of this Agreement shall remain in full force and effect and enforceable.
It's Worth Noting...
In the grand scheme of things, all parties (us, we, you, etc.) shall try to do the "right thing." We know that this is objectionable and open to interpetation. But it's worth trying. We pledge to always do our best to do the "right thing." It's also a good idea to read our privacy policy and acceptable use policy, since you're bound by those policies as well. And if you need clarification of any of these terms and policies, feel free to contact us.