Terms of Service

What is this?

The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our services. Use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of MarketActionResearch.com’s services implies agreement with these terms!

Questions?

Any questions regarding this agreement should be sent to MarketActionResearch.com’s sales department prior to signing up for service.

Terms of Service

MarketActionResearch.com (hereinafter referred to as “MARS”) provides web hosting to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using MARS services.

Service Agreement

The MARS Service Agreement is a separate agreement between MARS and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using MARS ‘s services. Contact our sales department for any clarifications.

Link: Service Agreement

Resource Usage Policy

The MARS Resource Usage Policy is an extension of the Terms of Service containing more specific utilization policies. Please make sure you are in agreement with its points and conditions before signing up for or using MARS ‘s services. Contact our sales department for any clarifications.

Link: Resource Usage Policy

Content

All services provided by MARS may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless MARS from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any MARS server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to MarketActionResearch.com servers or any other server on the Internet. Links to such materials are also prohibited. Contact our sales department for any clarifications.

Examples of non-acceptable content

Pirated software

Bulk Email related products

Pornography

Hacking/cracking related websites

Warez and/or copyrighted MP3s

Material illegal under United States of America law

Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)

MARS will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason.

Copyright Violations

MARS will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.

System Resource Usage

If MARS system administration team determines that an account is utilizing an unacceptable amount of system resources, MARS may temporarily deactivate the account in question. If MARS ‘s staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with seven (7) days in which to either upgrade to a VPS or other hosting solution as recommended by MARS staff or locate a new provider. This only occurs in extreme cases; MARS will do all it can to assist customers prior to this scenario.

MARS will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

Link: Resource Usage Policy

Backups

MARS performs nightly backups of shared and reseller servers; however, these backups are for MARS administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. MarketActionResearch.com does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on MARS part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Unsolicited Email (SPAM)

SPAMing, or the sending of unsolicited email, from a MARS server or using a return email address that is maintained on a MARS server is STRICTLY prohibited. Using SPAM to advertise a site hosted on MARS network also constitutes as a violation of this provision. MARS will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated.

For anyone intentionally spamming on our systems, we reserve the right to bill them at rate of $200/hour for any cleanup, research, and related work from their illegal activities.

Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.

Support Abuse

At MARS, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host.

Server Abuse

Any attempts to undermine or cause harm to a MARS server or customer of MARS is strictly prohibited.

MARS will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation. MARS will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

Cancellation

Cancellations are processed by our Billing department; hours for Billing can be found by logging into your account or by contacting your sales representative. To cancel an account, a cancellation request via email must be submitted to [email protected]. The following information is required when completing a cancellation request via e-mail:

Primary domain name on the account

Verification that you have downloaded a backup of all necessary files

The above information is required for the protection of all customers to ensure only account owners are able to cancel accounts.

Refund Policies

MARS has a no refund policy. However, on a case-by-case basis and at its sole discretion, MARS may award a pro-rated refund to a client.

TaskCredits issued to accounts are not eligible for refund and will remain on the account for one (1) years after the last account is canceled or last purchase, whichever is earlier. If the TaskCredit(s) are not utilized within that time frame, said service credit is forfeited and You hereby agree to release MARS from all liability for use of such TaskCredits.

Failure to Follow Policies

Failure to fully comply with these terms is grounds for account suspension and/or deactivation. Any accounts and/or servers contained within MARS network must adhere to the above policies.

We reserve the right to remove any account without prior notice. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.

MARS reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.