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Terms and Conditions
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No Spamming (unsolicited bulk email) allowed
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No material that provides sells or offers to sell the
following: controlled substances, illegal drugs and drug
contraband, weapons, pirated materials, instructions on
making, assembling or obtaining illegal goods or weapons
to attack others. Information used to break, copyright,
violate the trademark of or to destroy others property
or information. Information used to illegally harm any
people or animals.
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Foul language and profanity in the site content, and in
the domain name are prohibited.
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All activities may be monitored, recorded, and examined
by any authorized person, including law enforcement.
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Metro Computers reserves the right, but is not obligated
to review the content posted via the service and to
refuse or remove any such materials in its sole
discretion, without notice at any time.
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You must retain accurate contact information to avoid
having your account terminated.
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You agree that Metro Computers may, under certain
circumstances and without prior notice, immediately
terminate your account and access to the Service.
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If you discover anyone on our
system violating any of these terms or notice anything
suspicious from our network, report it at
spam@metrocomputers.com
for investigation. We will immediately terminate any
account we feel has been in violation of any of these
terms.
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We provide a 30 day money back guarantee for hosting
accounts. However, if you register a new domain name
with your account and choose to cancel after three days
of service, $10 will be deducted from the refund for the
cost of the domain. You will maintain full ownership of
the new domain after you have canceled your hosting with
us.
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Metro Computers reserves the right to refuse service to
anyone for any reason.
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Metro Computers demonstrates its commitment to our
customers' privacy by providing this statement. We will do
everything in our power to ensure your right to privacy. We
are committed to developing long lasting relationships that
are built on trust.
Personal Data Transmissions Are Encrypted When you order
from Metro Computers, all your personal information is
protected. We use Secure Sockets Layer (SSL), the industry
standard, for encrypting all personal information, including
name, address and credit card numbers.
Metro Computers Will Not Sell Your Personal Information
Metro Computers keeps all your information confidential.
Automatic Account Renewals
Metro Computers automatically renews account hosting
services 14 days prior to the account expiration date. Said
renewal is for the same duration initially selected.
The undersigned (’Customer’) and Metro Computers mutually
agrees as follows:
1. Metro Computers shall automatically renew customer’s
hosting account, for the same duration initially selected 14
days prior to the account expiration date, unless customer
at customer’s sole discretion notifies Metro Computers of
cancellation of automatic renewal at least 16 days prior to
account expiration date
2. Metro Computers agrees that on receipt of Automatic
Renewal Cancellation Notification under the conditions
stated above, that no additional charges shall be billed to
customer and that customer’s hosting account shall expire on
the account expiration date.
3. In the event Customer is a corporation, partnership,
limited liability, joint venture, other business entity or
group of individuals, the individual signing up for account
hosting services certifies that he/she has the authority to
bind the corporation, partners, joint venture or individuals
in this manner.
4. Customer may cancel their services at any time and
receive a pro-rated refund for any remaining time on their
contract. Pro-rated refunds may include deductions for
domain fees and or service charges for early termination.
5. If an account renews and a client wants to cancel the
account, they will receive a refund for the unused portion
of the hosting; $10 will be withheld for the domain
registration, if the domain is registered with us.
Policy Changes
Metro Computers is dedicated to providing the best web
hosting service possible to every one of our clients. We are
also dedicated to staying on top of available technology.
While Metro Computers will provide our clients with
reasonable notification, Metro Computers reserves the right
to change its policy at any time to meet the needs of our
customers, changing laws and new technology.
Minors
In accordance with U.S. law, users may not post or disclose
any personal or private information or images about children
or any third party without their consent (or a parent's
consent in the case of a minor).
You must be 18 years old to establish an account for paid
Services, and you represent that you are at least 18 years
old by registering for such Services. Parents may obtain an
account for the Services for minors, and by doing so,
consent to such minors use of such Services. Parents assume
full responsibility and liability associated with a minor's
use of any of the Services.
Cookie Policy Statement
Metro Computers understands that many of you are concerned
about cookies. We provide this Cookie Policy Statement to
let you know how we use this technology. Metro Computers
uses cookies to help us improve our website and web hosting
services, and, most importantly, provide our existing
customers with the opportunity for continued savings and
increased convenience.
This is Metro Computers Usage Policy, which supplements the
service agreement of each user of Metro Computers services
(each, a "Subscriber"). Every Subscriber is subject to this
Usage Policy, and by virtue of using Metro Computers
services, network, and/or systems (collectively the
"Services") agrees to be bound by this Usage Policy. Metro
Computers will revise this Usage Policy from time to time.
Subscribers violate this Usage Policy when they (or their
affiliates or customers) engage in the following prohibited
activities.
Violations of Intellectual Property Rights
Any violation of any person's intellectual property rights,
rights of privacy, rights of publicity or other personal
rights is prohibited. Metro Computers is required by law to
remove or block access to content appearing on or through
the Services upon receipt of proper notice of copyright
infringement (see "Copyright Infringement Notice
Information" below).
Spamming
Spamming, whether or not it overloads the Services or
disrupts service to Metro Computers Subscribers, is
prohibited. The term "spamming" includes, but is not limited
to, the sending of unsolicited bulk and/or commercial
message over the Internet or maintaining an open SMTP
policy. Metro Computers reserves the right to determine, in
its sole and absolute discretion, whether e-mail recipients
were from an opt-in email list.
Misrepresentation of Transmission Information
Forging, misrepresenting, omitting, or deleting message
headers, return mailing information and/or Internet protocol
addresses to conceal or misidentify the origin of an message
is prohibited.
Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet
viruses, worms or Trojan horses, or for pinging, flooding or
mail bombing, or engaging in denial of service attacks is
prohibited. It is also prohibited for any Subscriber to
engage in other activity that is intended to disrupt or
interfere with, or that results in the disruption of or
interference with, the ability of others to effectively use
the Services (or any connected network, system, service or
equipment) or conduct their business over the Internet.
Hacking
"Hacking" and related activities is prohibited. "Hacking"
includes, but is not limited to, the following activities:
illegally or without authorization, accessing computers,
accounts or networks, penetrating or attempting to penetrate
security measures, port scans, stealth scans, and other
activities designed to assist in hacking.
Anonymous Proxies
We do not allow the use of anonymous proxy scripts on our
servers. They can be very abusive to the server resources,
affecting all users on that server.
Export Control Violations
The exportation of encryption software outside of the United
States and/or violations of United States law relating to
the exportation of software is prohibited.
Child Pornography
The use of the Services to store, post, display, transmit,
advertise or otherwise make available child pornography is
prohibited. Metro Computers is required by law, and will,
notify law enforcement agencies when it becomes aware of the
presence of child pornography on, or being transmitted
through, the Services.
Other Illegal Activities
The use of the Services to engage in any activities that are
determined by Metro Computers, in its sole and absolute
discretion, to be illegal is prohibited. Such illegal
activities include, but are not limited to, storing,
posting, displaying, transmitting or otherwise making
available ponzi or pyramid schemes, fraudulently charging
credit cards or displaying credit card information of third
parties without their consent, and failure to comply with
applicable on-line privacy laws. Metro Computers will
cooperate fully with appropriate law enforcement agencies in
connection with any and all illegal activities occurring on
or through the Services.
Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display or
otherwise make available obscene, defamatory, harassing,
abusive or threatening language is prohibited.
Backup Storage
Metro Computers Web Hosting intends to offer services to
host web sites, not store data. Using an account as an
online storage space for archiving electronic files is
prohibited.
Other Activities
Engaging in any activity that, in Metro Computers sole and
absolute discretion, disrupts, interferes with or is harmful
to (or threatens to disrupt, interfere with, or be harmful
to) the Services, Metro Computers business, operations,
reputation, goodwill, customers and/or customer relations,
or the ability of Metro Computers customers to effectively
use the Services is prohibited. Such prohibited activities
include making available any program, product or service
that is designed to or could be used to violate this Usage
Policy. In addition, the failure by a Subscriber to
cooperate with Metro Computers in correcting or preventing
violations of this Usage Policy by, or that result from the
activity of, a customer of the Subscriber is a violation of
this Usage Policy.
In general, Metro Computers does not monitor its customers'
websites or activities to determine whether they are in
compliance with this Usage Policy. However, when Metro
Computers becomes aware of any violation of this Usage
Policy or its User Agreement, Metro Computers may take any
action to stop or correct such violation, including, but not
limited to, shutting down a website, denying access to the
Services or to the Internet, and/or removing information. In
addition, Metro Computers may take action against a
Subscriber or a customer of such Subscriber because of the
activities of such customer. Metro Computers reserves the
right to take any such action even though such action may
affect other customers of the Subscriber.
Metro Computers may disclose any information in its
possession, including, without limitation, information about
Subscribers, internet transmissions and website activity in
order to comply with a court order, subpoena, summons,
discovery request, warrant, statute, regulation or
governmental request, to protect Metro Computers or others
from harm, and/or to ensure the proper operation of the
Services. Metro Computers has no obligation to notify any
person, including the Subscriber about whom information is
sought, that Metro Computers has provided the information.
Copyright Notice Infringement Information
Metro Computers has adopted a policy that provides for
termination of websites hosted by Metro Computers that are
found to infringe on copyrights of third parties. If a
copyright holder believes that there has been a violation of
his or her copyright on a website that is hosted by Metro
Computers or its subsidiaries, and the copyright holder
wants Metro Computers to remove the website or disable the
material in question, Metro Computers will remove the
website or disable the material if the copyright holder
provides us with all of the following information:
1. A signature of a person authorized to act on behalf of
the owner of the exclusive right that is allegedly
infringed. Identification of the copyrighted work that is
claimed is being infringed, or, in the case of claimed
infringement of multiple copyrighted works, a representative
list of such works.
2. Identification of the material that is claimed to be
infringing or is the subject of infringing activity and that
should be removed or access to which should be disabled,
with information reasonably sufficient to permit us to
locate the material.
3. Information reasonably sufficient to permit us to contact
the person giving the notification, such as an address and
telephone, and, if available, an electronic mail address at
which such person may be contacted.
4. A statement that the person giving the notification has a
good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its
agent, or the law.
5. A statement that the information in the notification is
accurate, and under penalty of perjury, that the person
giving the notification is authorized to act on behalf of
the owner of the exclusive right that is allegedly
infringed.
Warranty Disclaimer. YOU ACKNOWLEDGE THAT
THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS
AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. Metro Computers
HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO
THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES
AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF
ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF
THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE
WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY
CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY Metro
Computers or REPRESENTATIVES INCLUDING, WITHOUT
LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES, SHALL CREATE A
WARRANTY. Metro Computers DISCLAIMS ALL WARRANTIES OR
CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT
LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND
NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. Metro
Computers DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE
THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. Metro
Computers DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE
WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD
PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR
SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR Metro Computers
IN PARTICULAR.
Limitation of Metro Computers
Liability. Metro Computers SHALL NOT BE LIABLE FOR
NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON,
WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL
Metro Computers BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST
PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF
BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT Metro
Computers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS
OR DAMAGES. Metro Computers SHALL NOT BE LIABLE FOR THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY.
Metro Computers ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY
WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION
OF YOUR ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL Metro
Computers LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR
($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO Metro
Computers FOR THE PRIOR ONE MONTH PERIOD. NO ACTION,
REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE
SERVICES MAY BE BROUGHT BY YOU OR Metro Computers MORE THAN
ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF
ACTION HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A
LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR
PERSONAL INJURY AND, IN SUCH JURISDICTIONS, Metro Computers
LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
Indemnification of Metro Computers. You
agree to defend, indemnify and hold Metro Computers, its
affiliates and its sponsors, partners or other co-branders
and their respective officers and employees harmless from
and against any and all claims, losses, damages, liabilities
and costs (including, without limitation, reasonable
attorneys' fees and court costs) arising out of or relating
to your breach of any of the Rules or use by you or any
third party of the Services, except to the extent the
foregoing directly result from Metro Computers own
negligence. Metro Computers reserves the right, at its own
expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you. In that
event, you shall have no further obligation to provide
indemnification for Metro Computers in that matter.
IF YOU DO NOT AGREE TO THE RULES, YOU MUST DISCONTINUE THE
REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES,
AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR ACCOUNT.
Changes to the Rules and
Services Apply to You.
You may review the most current version of the Rules at the
Site.
Metro Computers
may change the Rules or change the scope of the Services, in
whole or in part, at any time at
Metro Computers
sole discretion. Posting of such changed Rules on the Site
shall constitute notice of such changes to you, although
Metro Computers may choose additional types of notice. Metro
Computers will use reasonable efforts to provide you with 7
days advance notice of changes to the Rules that materially
and adversely impact your use of the Services. Your
continued use of the Services following notice constitutes
your acceptance of all changes. If you do not agree to any
such changes, your sole and exclusive remedy is to cancel
your account. |