Terms of Services Shared an Dedicated Hosting

Terms & Conditions
Mac Productions Inc. General Terms and Conditions of Service

BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY MAC PRODUCTIONS INC YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS AND CONDITIONS SUPERSEDE ALL EARLIER VERSIONS. Please read these terms and conditions carefully, as they describe your legal rights and obligations. This Agreement shall become effective as of the date of your acceptance, by clicking a box (either during online sign up or via your control panel) that indicates you agree to the Service or, if you have done neither of these, by our receipt of your signed acceptance of these Terms & Conditions of Service following our email to you (containing a link to the Terms) following sign up.

1. DEFINITIONS
For the purposes of this Agreement:

"Bandwidth" shall refer to the rate of data transmission in bits per second using Mac Productions' Equipment.

"Content" shall mean downloadable files, which are interpreted by a client web browser for display with or without plug-ins.

"Customer Service" shall refer to communications, other than Technical Support, from us to you relating to questions regarding Your Services, or the purchase of additional Mac Productions services.

"End-User" shall refer to an individual or entity to which the Mac Productions services have been sold.

"Mac Productions' Equipment" shall mean computer and telecommunications devices, internet access and/or transmission rights owned, operated and/or maintained by Mac Productions and/or Mac Productions’ affiliates, agents, or assigns which provide the Mac Productions.


"Mac Productions", "us," "we, "our" and grammatical variants thereof shall collectively refer to Mac Productions Internet Inc., a corporation organized and existing under the laws of the State of Ohio, United States of America, located at 11524 Ohlman Ave., 3rd Floor, Cleveland, Ohio 44108, U.S.A. and its assigns and successors in interest.

"Mac Productions" shall mean the products and services provided by Mac Productions, and/or Mac Productions' affiliates, agents, or assigns at any given time, including, but not limited to, web hosting, e-mail, domain registration, and any associated support services, which services may be changed, amended, and/or otherwise altered at any time without notice in Mac Productions' sole discretion.

"Mac Productions Software" shall mean any software provided by Mac Productions at any given time, whether downloaded to your computer, provided to you on CD or another form of removable media, or utilized online as part of the Mac Productions. Mac Productions Software includes the program and any and all copies or portions thereof, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any.

"Fee" shall mean monies and other consideration you are obligated to pay to Mac Productions for the right to use the Mac Productions and Bandwidth subject to the terms and conditions of this Agreement and of the particular Mac Productions for which you have registered, as outlined on the then- current schedule of fees.

"Fee Schedule" shall mean the fees for the Mac Productions as published on www.macproductions.net, which may be modified at any time without notice in Mac Productions' sole discretion pursuant to the provisions of

"Law” or "Laws” shall mean the laws, statutes, and regulations then in effect of the United States of America and its various states and dependencies as well as the laws of your country of residence or the country in which you use or access the Mac Productions, including but not limited to the laws of any provinces, states or dependencies thereof, provided, however, that in the event of a conflict, the laws of the United States shall always govern without regard to such conflict of law principles, in accordance with Section 15.8.


"Online Software” is Mac Productions Software, which is hosted software, which runs directly on Mac Productions' servers, for use as part of the Mac Productions Services, whether through the control panel or otherwise.

"Parties" shall collectively refer to Mac Productions and you.

"Payment Account” shall refer to the credit and/ or debit card account provided by you upon registration to pay for Your Services. Mac Productions may add, delete, or modify the methods by which customers can pay for the Mac Productions at any time without prior notice, at its sole discretion. Payments processed by third-party payment providers are subject to those third parties’ terms and conditions of service, and Mac Productions makes no representations or warranties with respect to third-party payment services.

"Resources” shall refer to Bandwidth, processor utilization and any other measurable deployment of the Mac Productions, as measured by Mac Productions.

"Suspend" or "Suspension" shall include the disabling of, releasing of, and/or placing of a registrar lock on the domain name/s you have registered through Mac Productions, the cessation of transmission of and access to Your Data, and cessation of your access to the services.

"Technical Support" shall refer to communications from us to you dealing with problems or questions relating to technical matters involving software or services provided by us to you.

"Third Party Software” is software, which is developed and licensed by a third party and provided to you by Mac Productions.

“Web Site Space" shall mean a quantity of computer memory allocation, as outlined in the program description for Your Services, generally located on one or more computer storage devices wherein data comprising Your Web Site is stored and is accessible by Mac Productions' web server equipment. With respect to any Customer, Web Site Space shall also mean a quantity of electronic data storage, as outlined on www.macproductions.net for the Customer Services, generally located on one or more computer storage devices wherein data comprising Your Web Sites is stored and is accessible by Mac Productions' web server equipment.


"You", "your" and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.

"Your Data” shall mean any data, including but not limited to advertisements, documents, e-mails, images, movies, web pages, or other Content, related to your use of Mac Productions services and stored on or transmitted by Mac Productions’ Equipment, and, with respect to End-User.

"Your Services" shall mean the specific Mac Productions services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract and to the fees for those Mac Productions pursuant to the current Fee Schedule, whether used by an End-User.

"Your Web Sites" shall mean Content and other data transmittable via the Internet, which is stored in your Web Site Space for dissemination via Mac Productions’ Equipment, which, with respect to End User, shall also include without limitation, the Content and other stored data of any End-User.

2. FEES

2.1. All Fees must be paid in United States Dollars in advance of the provision of Your Services. You agree that Mac Productions may automatically debit all fees due, when due, from your Payment Account. You also agree that Mac Productions may automatically debit your Payment Account, without further authorization from you, for any renewal term, additional services, and any fees or expenses applicable to Your Services, including but not limited to fees for excessive Resource use or for your use of services in excess of those included within your applicable plan. If payment in full is not received by Mac Productions from the provider of your Payment Account or its agents, you agree to pay all amounts due from you for the Your Services without demand by Mac Productions.


2.2. End Users are subject to set-up, service, and domain service fees, pursuant to the Fee Schedule, and by registering for such services you authorize Mac Productions to debit your Payment Account for any and all such fees.

2.3. Mac Productions may offer promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for Your Services. Any such promotions or modifications shall not effect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions, which, to the extent that they conflict with the terms of this Agreement, shall govern. Promotional fees and special offers may not be combined.

2.4. You shall pay all costs of collection, including reasonable attorney's fees and costs, in the event any invoice requires collection efforts as determined at Mac Productions’ sole discretion. Except where prohibited by Law, all accounts referred to a collection agency shall be subject to an additional fee, which must be paid in full before the account is reactivated.

2.5. Anyone challenging payments made from the Payment Account pursuant to this Agreement (a "Chargeback") shall be subject to an administrative fee of $50, should the Chargeback request be decided in favor of Mac Productions if Mac Productions decide to defend such chargeback (the "Chargeback Fee”). Mac Productions reserves its right to defend such chargeback’s and, having successfully done so, to debit the Payment Account for the full amount of any amounts outstanding including but not limited to the Chargeback Fee.

2.6. Mac Productions reserves the right to cancel your account and discontinue your use of the Mac Productions services at any time. In this event, provided you are not in arrears or are otherwise in violation of this Agreement, you will receive a prorated refund of any pre-paid, refundable fees for the remainder of any term. Fees for certain services, including but not limited to those including third-party resold software, set-up and domain name registration fees, are not refundable unless provided otherwise by applicable Law. Mac Productions may, in its sole discretion, refund other amounts, as it deems necessary or advisable. Termination of a Customer’s account may result in termination of its End Users’ access to the Mac Productions
Services. Mac Productions shall not be responsible for the impact of termination of your account on End Users.

3. DESCRIPTION OF SERVICES
3.1. General Provisions

3.1.1. Mac Productions reserves the right to refuse service and/or access to its servers and/or the Mac Productions service to anyone. Subject to and conditioned upon Mac Productions' retained rights and all other terms and conditions set forth in this Agreement, Mac Productions offers the Mac Productions Services as soon as practicable after registration for the Mac Productions Services and payment of any and all fees due. You will receive an account number and further instructions upon completion of the registration process.

3.1.2 Any and all services, which are or may be provided to you by Mac Productions pursuant to this Agreement, including without limitation your use of the Mac Productions service and the licensing of any Customer rights granted herein, are non-exclusive and nothing in this Agreement shall limit or restrict Mac Productions from providing similar services and granting similar licenses to third parties regardless of whether such third parties are competitors of you. Nothing in this Agreement shall limit or restrict Mac Productions from engaging in any activities similar to yours or in competition with you.

3.1.3 You are responsible for maintaining the confidentiality of both your password and your account and for all activities that occur under your password and your account. You agree to immediately notify Mac Productions of any unauthorized uses of your account or any other breaches of security. Mac Productions cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Mac Productions be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

3.1.4. Mac Productions may suspend your account or terminate this Agreement, permanently remove Your Data from Mac Productions’ Equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, if it is informed or otherwise believes, in its sole discretion, that you have breached any of the terms of this Agreement, including but not limited to Section 5, or that such action is necessary to comply with any applicable Laws, requests of law enforcement, or to avoid any liability, whether civil or criminal, on the part of Mac Productions. As more completely set forth in Sections 8, 9, and 10, you and your End Users waive any and all claims you or they may have, now and forever, against Mac Productions relating to the content, use, and operation of Your Web Sites or any of Your
Services or the Mac Productions generally and agree to indemnify and hold harmless Mac Productions from and against any such claims.

3.1.5. Mac Productions reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Mac Productions services (or any part thereof) with or without notice. You agree that Mac Productions shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Mac Productions services.

3.1.6. Mac Productions may temporarily suspend services as needed to carry out maintenance or repair to the Mac Productions Equipment or Mac Productions. Information concerning downtime is available on the Mac Productions support website, as are details of any interruptions to our services. Such suspensions may be made notwithstanding and without impact on any uptime guarantees.

3.2. Server and Connectivity Services

3.2.1. Mac Productions shall provide to you a non-transferable, revocable, non- exclusive and limited license to use the Web Site Space allocated to Your Services for the exclusive purpose of storing and disseminating Your Web Site data via the Internet consistent with this Agreement. You may not attempt to expand or alter these rights or the Mac Productions by entering into multiple agreements with Mac Productions.

3.2.2. Unless provided otherwise in the specifications for Your Services, there is no limit on Bandwidth use, web space, websites, standard mailboxes, or mail forwarders for Your Services. Should the Resources utilized by you deemed by Mac Productions, in its sole discretion, to be abnormally high, Mac Productions reserves the right to suspend your account immediately without notice or liability to you. Mac Productions may, in it sole discretion, provide notice of excessive use or continue to provide Your Services with limits as set for by Mac Productions. Should you fail to comply with these or any other limits on Your Services, Mac Productions may terminate this Agreement or, in the case of mailbox limits, return or reject any and all e- mails sent to you to the originating sender, without notice or liability to you or anyone else.

3.2.3. If you need to exceed the limits on our database products for your package, you will need to purchase additional space, in the form of a 200MB top-up in order to meet your excess usage. The cost of this additional space is stipulated in the Fee Schedule.

3.2.4. If you need to exceed the limits on our advanced mailbox products, you will need to purchase additional space, in the form of a 100MB top-up. The cost of this additional space is stipulated in the Fee Schedule

3.2.5. You are responsible for backing up Your Data. Mac Productions does not warrant or otherwise guarantee that it will back up Your Data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of Your Data. Mac Productions is not responsible and will not be held liable if any of Your Data is lost, whether during a service interruption or otherwise.

3.3. Domain Name Registration

3.3.1. Should you choose to register a domain name through Mac Productions, whether through the control panel or otherwise, Mac Productions will register a second level domain name on your behalf, (including for any End-User), provided such domain name is available for registration. Mac Productions may provide the domain name registration services through a third-party registrar, and Mac Productions acts only as an intermediary between you and such third-party registrar. Mac Productions shall not own or otherwise legally control any domain name registered on your behalf. The registration of a domain name is subject to the terms and conditions of those third-party registrars, and is also subject to the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP"). You agree that, if the registration, or reservation of a domain name is challenged by a third party, you will be subject to the provisions of the UDRP in effect at the time of the dispute. Mac Productions assumes no liability in the event the domain name is unavailable or otherwise not assigned to you, even if the domain name appears to be available at the time registration was attempted. Mac Productions has no influence over the assignment of domain names. Further, Mac Productions does not warrant or guarantee that assigned domain names do not infringe the rights of third parties, or that you will retain the rights to that domain name for any period of time.

3.3.2. Mac Productions will accept the transfer of domain names from other registrars, however, you will be required to pay for an initial year of registration fees upon transfer (except in the case of UK TLDs). Domain names, which have been prepaid for a period of more than one year but with fewer than nine years remaining may also be transferred, subject to the payment of an initial year of registration fees. An additional year will be added on to the remaining term of any transferred domain. Domain names with more than nine years remaining on the registration period may not be transferred. Upon the expiration of the one-year extension you will be charged an annual renewal fee for any subsequent renewal period. By requesting the transfer of a domain name you authorize Mac Productions to debit your Payment Account for the one-year registration fee and any related fees or charges.

3.3.3. You agree that you are responsible for any and all fees and costs related to the registration of a domain name, whether on your own behalf or on behalf of an End-User, and you authorize Mac Productions to debit the Payment Account for any such fees and costs. We operate an automatic domain renewal system, whereby at the end of each term your domain name will automatically renew for an additional one-year period (or otherwise, as applicable) unless you opt-out of this service through your control panel. In automatically renewing domains on your behalf, you authorize Mac Productions to debit your Payment Account for the renewal fee or any related fees or charges. MAC PRODUCTIONS ACCEPTS NO LIABILITY WHATSOEVER FOR ANY DOMAINS LOST AS A RESULT OF YOU OPTING OUT OF THE AUTOMATIC DOMAIN RENEWAL PROCESS.

3.3.4. Mac Productions expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, at its discretion should your Payment Account provider fail to honor any debit associated with the registration, renewal, or transfer of your domain name, to comply with any applicable Laws, requests of law enforcement or dispute resolution process, or to avoid any liability, whether civil or criminal, on the part of Mac Productions.

3.3.5. You acknowledge and agree that Mac Productions or its agents, assignees or licensees may associate any data of any kind, at Mac Productions' sole discretion, with any URL incorporating your domain name until you replace such data with Your Web Sites, at such times as Your Web Sites are no longer available, and upon termination for any reason, for as long as Mac Productions or Mac Productions' agent, assignee, or licensee continues to be listed as the hosting entity with the domain name registry used to register such domain names. This paragraph shall apply to any and all web pages generated by Mac Productions or its affiliates, including but not limited to 404 error pages. Mac Productions shall be entitled to any revenue generated from such web pages.


3.3.6. You represent and warrant that your domain name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your domain name is otherwise in compliance with the terms of this Agreement, in particular the provisions of Section 5. Mac Productions reserves the right to lock or suspend a domain name and to modify the DNS settings, as it deems necessary, at its sole discretion.

3.3.7. You shall inform Mac Productions of any claim or potential claim against your domain name, including but not limited to the initiation of a dispute under the UDRP, within five days of notification of it. Should you lose your right to use a domain name which is used in connection with the Mac Productions, whether through expiration or sale of the domain name, judicial decree, administrative decisions of the UDRP, or otherwise, you agree to inform Mac Productions immediately of the party to whom the domain name is to be transferred and you authorize Mac Productions to take any and all actions necessary to effect such transfer.

3.4. Software

3.4.1. Mac Productions may, at its sole discretion, provide you with Mac Productions Software in connection with Your Services. Upon payment of all fees due and owing to Mac Productions under this Agreement, Mac Productions hereby grants, and you hereby accept, a non-transferable, revocable, non-sub-licensable, and non-exclusive license to use the Mac Productions Software and all related documentation for your own personal or business use during the term of this Agreement. Any rights not expressly granted herein shall be reserved for Mac Productions. Source code and other information pertaining to the logic design of the Mac Productions Software is specifically excluded from the license granted hereunder.

3.4.2. Although certain Mac Productions Software may be provided free of charge, Mac Productions reserves the right to charge for the Mac Productions Software, including but not limited to the Online Software or the Third Party Software, or any updates thereto or upgrades therefore at any time.

3.4.3. You recognize that the Mac Productions Software and all related information, including but not limited to any and all documentation, updates, improvements, modifications, and enhancements, are proprietary, and that all rights thereto, including copyright, are owned by Mac Productions. You further acknowledge that you have been advised that the Mac Productions
Software, including documentation, updates, improvements, modifications, and enhancements, constitutes a trade secret of Mac Productions, is protected by civil and criminal law, and by the law of copyright, is valuable and confidential to Mac Productions, and that its use and disclosure must be carefully and continuously controlled.

3.4.4. Mac Productions shall at all times retain title to all the Mac Productions Software and all related information, including all updates, improvements, modifications and enhancements, furnished to you hereunder.

3.4.5. Unless provided otherwise in the specifications for Your Services, the Mac Productions Software supplied hereunder is for your personal or business use. You shall not permit any third party, including but not limited to End Users, to use the Mac Productions Software or allow access to the Mac Productions Software from sites outside of your home or business premises except as specifically authorized in writing by Mac Productions. The Mac Productions Software is to be used only for the purposes specified in this Agreement and specifically as restricted in the following three subparagraphs of this Section 3.

3.4.6. While this Agreement is in effect, or while you have custody or possession of any of the Mac Productions Software, you will not: (i) reproduce, copy or publicly display, or permit anyone else to reproduce, copy or publicly display, any of the Mac Productions Software, whether such Mac Productions Software is in written, magnetic or any other form, except pursuant to reasonable backup procedures, or for use in Your Web Sites pursuant to this Agreement, nor; (ii) provide or make the Mac Productions Software available to any person or entity other than your employees or agents who have a need to know consistent with your use thereof under this Agreement, nor; (iii) create or attempt to create, or permit others to create or attempt to create, by disassembling, reverse engineering, or otherwise, the source programs or any part thereof from the object program or from other information (whether oral, written, tangible or intangible) made available to you under this Agreement, nor; (iv) copy for your own use or the use of others operator manuals, system reference guides, training materials and other user-oriented materials without the prior written consent of Mac Productions. In order to protect Mac Productions' trade secrets and copyrights in the Mac Productions Software, you agree to reproduce and incorporate Mac Productions' trade secrets or copyright notice in any copies, modifications, or partial copies.

3.4.7. You agree to notify Mac Productions forthwith if you obtain information as to any unauthorized possession, use, or disclosure of any Mac Productions Software by any person or entity, and further agree to cooperate with Mac Productions, at Mac Productions' expense, in protecting Mac Productions' proprietary rights.


3.4.8. Unless agreed otherwise in writing by Mac Productions, the Mac Productions Software may be used only on a single computer or workstation. Mac Productions Software designed for use on portable workstations may be installed on both a portable and a stationary computer but may not be used on both simultaneously. You may not install the Mac Productions Software on a network except to facilitate permissible installation of the Mac Productions Software on computers attached to the network. You warrant and guarantee that all users of the Mac Productions Software shall be aware of and comply with the terms of this license.

3.4.9. Certain Online Software is provided for online use as part of the Mac Productions service and the use of such software may be subject to fees as outlined in the current Fee Schedule in accordance with this Agreement. Neither you nor your End Users may download, install, store, or make any copies of the Online Software, nor may you sublicense the Online Software. You agree not in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market, or otherwise dispose of any portion of the Online Software or any copies thereof and not to assist any third party in doing so. The Online Software is designed to be used through the Mac Productions user interface and, as such, may be utilized by any authorized user from any computer or workstation. This license is automatically revoked upon termination of this Agreement. Mac Productions reserves the right to suspend the use of, modify, or discontinue the Online Software for any or all customers at any time without notice.

3.4.10. Mac Productions provides its customers with the ability to order certain third-party software (the "Third Party Software"), depending on the hosting package ordered. Certain online software is Third Party Software, and is subject to the applicable provisions of this Agreement except as may be modified by the terms of the third party’s licensing agreement. Mac Productions may limit the functionality of any such third party online software, at its sole discretion. Except for Third Party Software, which is also online software, such Third Party Software is delivered to Mac Productions customers by mail and may be ordered via a customer's control panel for a period of six (6) months after the commencement of the Mac Productions. The license conditions governing the use of the Third Party Software may differ from
Mac Productions' own software licenses. Customers of Mac Productions are bound by the conditions of all licenses pertaining to such Third Party Software and should make themselves familiar with their terms and conditions. THE THIRD PARTY SOFTWARE IS OFFERED "AS-IS.” THE PROVISION AND OFFERING OF THIRD PARTY SOFTWARE BY MAC PRODUCTIONS DOES NOT CONSTITUTE AN ENDORSEMENT OF THE THIRD PARTY SOFTWARE, NOR CAN MAC PRODUCTIONS MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE AND FUNCTIONALITY OF SUCH THIRD PARTY SOFTWARE.

3.4.11. In the event of termination of this Agreement, or upon any act which shall give rise to Mac Productions' right to terminate, or upon the expiration of the license for Mac Productions Software which is subject to a limited-duration license, any and all licenses granted under this Section 3.4 shall terminate automatically, and you agree to remove, erase, or destroy the Mac Productions Software and any Third Party Software and documentation and all copies thereof, wherever located, without demand or notice.

3.4.12. Mac Productions may stop providing the Mac Productions Software or any updates thereto, including but not limited to the Mac Productions Online Software or the Third-Party Software, at any time without notice or any further liability to you.

3.5. Support

3.5.1. Mac Productions, either directly or through a related entity, agent, assignee, or licensee, shall provide Customer Service relating to Your Services over the phone and through its website at http://www.mac productions.net. Mac Productions is not obligated to provide any Customer Service except as specified in this Section 3.5. Mac Productions may refuse any and all requests for additional Customer Service with or without reason. Any additional Customer Service, which Mac Productions may subsequently agree to provide to you, shall be at Mac Productions' sole discretion and once commenced, may be terminated at any time by Mac Productions without notice to you and without any liability to Mac Productions. Notwithstanding the foregoing, Mac Productions at its sole discretion may at any time alter or cease providing the Customer Service which it has agreed to provide to you relating to Your Services pursuant to this Agreement without any liability to Mac Productions.

3.5.2. Mac Productions, either directly or through its agent, assignee, or licensee, shall provide Technical Support relating to Your Services over the phone and through its website www.macproductions.net. Mac Productions may refuse any and all requests for Technical Support with or without reason, in its sole discretion. Any Technical Support, which Mac Productions may subsequently agree to provide to you shall be at Mac Productions' sole discretion and once commenced, may be terminated at any time by Mac Productions without notice to you and without any liability to Mac Productions.

3.6. Email

3.6.1. Mac Productions Microsoft Exchange Mailboxes include licensing for Outlook Client Software. The license fee is included with the Mac Productions service fee. Mailbox owners are permitted to install the software once on one PC for each Microsoft Exchange 2003 mailbox. Sharing of a single mailbox is not permitted unless additional licenses are purchased for each user. If you cancel your Mac Productions Exchange Mailbox, you are responsible for uninstalling any Outlook client software that is licensed as part of Your Services.

3.6.2. Each mailbox has a storage quota. This is in place to protect your account and others from potentially large volumes of email sent to a single address that could materially affect the email system server. It is your responsibility as the mailbox owner to ensure that your mailbox and those of your End Users does not reach its allocated level. Mac Productions cannot be responsible for email lost due to full mailboxes. Mailbox size can be checked from the control panel.

3.6.3. It is your responsibility as the mailbox owner to keep your password confidential, and to change your password on a regular basis. Mac Productions is not responsible for any data losses or security issues due to stolen passwords. Mac Productions recommends that you use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly used choices (i.e. "12345", "password", etc.).

3.6.4. Mac Productions monitors the server as a whole but does not monitor individual mailboxes. The Exchange server uses SMTP, a "store-and- forward" email protocol, to deliver outbound messages. This protocol does not guarantee immediate delivery of email messages.

3.6.5. To guarantee optimal performance on the servers, it is necessary for Mac Productions to perform routine maintenance. Such maintenance often requires taking Mac Productions Exchange servers off-line, typically performed during off-peak hours. Mac Productions will give you advance notice of maintenance requiring the servers to be taken off-line whenever possible.

3.6.6. Mac Productions makes every reasonable effort to ensure mailbox security at all times. We do this through a combination of various network security policies, load balancing and redundant systems. We make every reasonable effort to ensure the integrity of data on our systems. On the rare occasions where there may be a problem with specific mailbox data, it is the mailbox owner's responsibility to notify Mac Productions. We cannot guarantee to restore data and we accept no liability for the loss of any such data.

3.6.8. Each domain has an initial 100MB capacity allocated for all public folders on that domain. Additional storage space of 100MB blocks can be purchased, which will then be available to all public folders on that domain. In addition to the aggregate account storage capacity, each mailbox and public folder also has its own storage limit. When the storage capacity is reached on an individual mailbox or folder, the Exchange servers shall stop sending or receiving messages. Mac Productions is not responsible for service unavailability or data loss caused by any mailbox or folder exceeding its storage capacity. To prevent such occurrences, you can manage mailbox and public folder storage limits at any time from within the control panel.

3.6.9. The Exchange Server retains ownership of the two top layers of the public folder hierarchy, "Public Folders", and, under that folder, the "All Public Folders". Users of Microsoft Outlook can create as many Public folders as they wish under the existing folders, and these can be of any type allowed by the Exchange server (appointment, contacts, mail, notes, journal, or tasks).

3.6.10. Mac Productions installs anti-virus software on its email servers for all
Advanced and Exchange mailboxes. This software is configured to check messages coming into the email server. If a virus is detected, the message is deleted. No notification is sent to either recipient or sender of the message. Messages sent between mailboxes on the Mac Productions platform are not checked.

3.6.11. Mac Productions runs anti-SPAM software on its email servers for all
Advanced and Exchange mailboxes. The level of spam protection can be determined from within the control panel.

Mac Productions also runs anti-SPAM software on outbound email from all mailboxes, and reserves the right to mark or delete any messages determined to be SPAM. No notification will be given of any such deletion of outbound messages determined to be SPAM.

3.6.12. All data created or stored by you within Mac Productions' applications and servers are your (or, if applicable, your End-User’s) property. Mac Productions shall allow access to such data by only authorized Mac Productions personnel except as otherwise provided in the Privacy Policy. Mac Productions makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder's server space or within applications on Mac Productions' servers. Customers are responsible for backing up their End-User’s email before upgrading or removing mailboxes.

3.6.13. If Mac Productions identifies a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate.

3.6.14. Mac Productions' policy on maintaining stable data-transfer levels includes a deletion process for email as follows: (i) all mail in IMAP “Trash” folders will be deleted automatically after 7 days. Such mail is checked for nightly; (ii) if a mailbox is not accessed for 60 days, either by POP or IMAP, all mail over 90 days old will be deleted automatically. This process will be repeated nightly until the mailbox is accessed again; (iii) Root mailboxes that are not accessed for 90 days will have their quota reduced to 1MB automatically (with any existing mail over this new quota deleted). If the Root mailbox is accessed again, its quota will be increased back to the original 50MB (Root mailboxes being Standard mailboxes). Note that after 90 days, the Root mailbox will have already undergone a cleanup after 60 days of inactivity. IT IS THE CUSTOMER’S RESPONSIBILITY TO ENSURE THAT ALL END-USERS ARE AWARE OF THIS TERM. MAC PRODUCTIONS DOES NOT ACCEPT ANY RESPONSIBILITY WHATSOEVER FOR ANY DELETED MAIL.

3.7 Dedicated Servers

If you sign up for Mac Productions’ dedicated server services (the “Server
Services”), the following terms and conditions shall apply to your use of the
Server Services.

3.7.1. At all times during the term of this Agreement and upon termination of your account, all servers shall remain the property of Mac Productions. Administrative (or “root”) access to the dedicated server is limited to you and your authorized agents.

3.7.2. Although administrative (or “root”) access to the dedicated server is limited to you and your authorized agents, Mac Productions reserves the right to require, at its discretion, software and/or hardware upgrades for the purposes of maintaining security and stability of the Server Services. Standard fees for such upgrades as set by Mac Productions are applicable to such upgrades.

3.7.3. Unlimited bandwidth
Mac Productions operate an "Acceptable Usage" policy, which allows us to maintain a fast and stable platform for all our customers. The unlimited bandwidth dedicated server offering provides customers with "always on" unlimited bandwidth from our high-speed connection (up to 100 M/bps), but because we have a responsibility to provide bandwidth for all Mac Productions customers, we ask those who partake in this promotion to do so under the terms of our fair use policy. In instances where we can demonstrate a customer’s usage of bandwidth to be excessive over an extended period of time, or where it is impacting on other customers’ services, Mac Productions will contact the customer to discuss possible routes to modifying usage so that dedicated server accounts don't adversely affect the stability of the Mac Productions platform. In cases where an account is frequently impacting the Mac Productions service (or that of other customers) a data transfer limit may be imposed, or a reduction in bandwidth speed may be applied at our discretion. In extreme circumstances, Mac Productions reserves the right to suspend or terminate dedicated server accounts that fail to comply with the acceptable usage policy.

3.7.4. All dedicated servers must use software configurations that conform to Mac Productions’ requirements. Use of any particular software configuration may be declined at the sole discretion of Mac Productions. You have no right or expectation to receive a hardware or software configuration on your server that is more capable than that which was initially ordered from Mac Productions, nor can you expect to receive support from Mac Productions with respect to the correction of errors caused by mistakes, faulty settings, and installation errors caused by you. You represent and warrant that you have or have access to the knowledge and expertise necessary to configure, maintain, monitor, and secure the dedicated server. Except with respect to the use or configuration of Plesk or the dedicated server hardware, Mac Productions does not provide phone or e-mail support or other technical assistance for the administration of the dedicated server or otherwise related to the Server Services.

3.7.5. You understand that by placing information on a dedicated server, depending on the configuration of the server, such information may be accessible to all Internet users. Mac Productions does not limit or restrict access to such information, nor protect any such information from copyright infringement or other wrongful activity. You assume full responsibility and risk for the use, operation, and configuration of the dedicated server.

3.7.6. You agree not to maliciously or intentionally interfere with the proper operation of the dedicated server or network, including but not limited to defeating identification procedures, obtaining access beyond that for which you are authorized, 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 applicable acceptable use policy of any network or service to which you connect and the obligations, warranties, and limitations on conduct set forth in this Agreement. You further agree to adhere to all current and future system policies of Mac Productions, as such may from time to time be published online or otherwise made known to you by Mac Productions, including without limitation restrictions on services available, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of the services provided by Mac Productions.

3.7.7. Except with respect to issues concerning the physical security of Mac Productions’ data center facilities; you agree that the security of the dedicated server and all Server Services is solely your responsibility. It is your responsibility to maintain and update security software on the dedicated server. UNDER NO CIRCUMSTANCE WILL MAC PRODUCTIONS BE
HELD LIABLE FOR SECURITY BREACHES AND DAMAGE CAUSED BY YOUR FAILURE TO MAINTAIN OR UPDATE THE SECURITY SOFTWARE OR TO MAINTAIN ADEQUATE SECURITY PROTOCOLS IN THE ADMINISTRATION OF THE DEDICATED SERVER, AND YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD MAC PRODUCTIONS HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT RELATING TO SUCH FAILURES. You further agree that if the security of your dedicated server has been compromised in any way, you will notify Mac Productions immediately in writing. You shall be held fully responsible for any misuse or compromise of your server. To secure dedicated servers from misuse, you are encouraged to utilize packet-filtering technology. You agree and understand that if any security violations are believed to have occurred in association with your dedicated server, Mac Productions has the right to suspend your access to the dedicated server pending an investigation and resolution. You also agree that Mac Productions has the right to cooperate in any government or legal investigation regarding any aspect of its Services, including any dedicated servers used by you.

3.7.8 Mac Productions’ dedicated servers are offered with a 100% network availability guarantee. Should Mac Productions not meet this service level agreement you will receive 1 day’s credit per server affected for every hour of downtime suffered by you. This service level agreement excludes hardware failures, outages due to bad configurations or exploitation, and scheduled maintenance periods.

4. CUSTOMER TERMS, CONDITIONS, AND WARRANTIES

This Section 4 shall apply to you if you have signed up to be an authorized Customer and have received a confirmation e-mail from Mac Productions notifying you that you have been accepted as a Customer. This Section 4 shall not apply to you if you are not a Customer.

4.1. Upon your receipt of an email confirming such appointment, Mac Productions appoints you on a non-exclusive basis to act as a Customer for the Mac Productions Services and you accept such appointment.

4.2. As a Customer, you shall be responsible for paying any and all charges for the Mac Productions, including any and all fees related to the registration or transfer of your or an End-User’s domain name to Mac Productions. You shall further be responsible for paying directly, charging and collecting from End-Users and submitting all sales, use, gross receipts, excise, access, bypass or other local, state and Federal taxes or charges, however designated, imposed on or based upon the provision, sale or use of the Mac Productions (excluding taxes on Mac Productions' taxable income).

4.3. Mac Productions acknowledges and agrees that the End-Users shall purchase the services under contracts with Mac Productions

4.4.4. End-Users shall abide by the terms and conditions of this Agreement, including but not limited to Section 5 and, in the case of domain registrations, Section 3.3, as well as all applicable policies including, without limitation, the Subpoena, Intellectual Property, and Privacy Policies, which are incorporated herein by reference;

4.4.5. Require all End-Users to agree to terms and conditions that are at least as protective of Mac Productions as the terms set forth in this Agreement, including without limitation Sections 5, 8, 9, and, in the case of domain name registrations, 3.3.

4.4.6. Ensure that the WHOIS record for any domain names registered through Mac Productions is properly updated to include the correct registrant information (according to whether the domain registration is for the End- User’s use or for your own use) and administrative, billing, and technical contact information.

4.8. You hereby acknowledge and agree that you shall not extend to End- Users warranties or guarantees (i) in the name of Mac Productions, related entities, or any third party provider or (ii) in excess of those warranties as set forth in this Agreement.

4.9. You agree to retain any and all records pertaining to the sale and support of the Mac Productions, including but not limited to the End-User terms and conditions, and agree to provide copies of such records or permit representatives of Mac Productions upon reasonable notice and during normal business hours to enter your premises in order to confirm your compliance with the terms hereof.

4.10. Mac Productions acknowledges and agrees that you own and retain all rights in relation to any and all information relating to End-Users (collectively the "End-User Information"), except:

4.10.1. For disclosure of End-User Information in WHOIS databases as a result of the registration of domain names as required or permitted by Internet Corporation for Assigned Names and Numbers (ICANN) and applicable laws and/or policies. You grant to Mac Productions a non-exclusive, royalty free license to use the End-User Information for purposes of Mac Productions carrying out its obligations under this Agreement;

4.10.2. In the event of Termination of this Agreement pursuant to Sections 13.3 or 13.5, in which case Mac Productions shall have the right to use End-User Information to contact the End-User directly for the purposes of contracting directly with such End-Users for the provision of web hosting services.

4.10.3. You agree and understand that Mac Productions has the right to use and store End-User data, as Mac Productions deems necessary to provide Your Services and comply with applicable law.

4.11. Neither you nor any affiliate, agent, or other entity/company that you or your subsidiaries or shareholders, employees, directors, officers, agents, contractors of you and your subsidiaries have invested in or have any form of interest or control in shall, directly or indirectly, knowingly or unknowingly, make or seek to make any offer of employment to an employee of Mac Productions during the term of this Agreement and for a period of twelve (12) months following termination of same.

5. YOUR OBLIGATIONS AND WARRANTIES.

5.1. You agree that Mac Productions may, without prior notice to you and at Mac Productions' sole and exclusive discretion, Suspend or terminate your account, delete Your Data from the Mac Productions Equipment, or redirect your domain name, without any liability of any kind to Mac Productions from either you or any third party, including but not limited to your End Users, in the event that Mac Productions is informed or, at Mac Productions' sole and exclusive judgment,
Mac Productions concludes that Your Data or your use of the Mac Productions violates any of the terms of this Section 5. Failure by you or any End User to comply with the terms of this Section 5 may result in temporary or \permanent service interruption for which Mac Productions assumes no liability to either you or any End User.

5.2. You agree and warrant that your use of the Mac Productions, and Your Data will be in compliance with all Laws and contemporary community standards, and that:

5.2.1. The contact information you have provided to Mac Productions, which includes your full name (both business, if applicable, and personal), e-mail address, mailing address, telephone number and facsimile number, and the name (both business, if applicable, and personal), e-mail address, mailing address, telephone number and facsimile number of the technical, billing and administrative contacts for your domain, if any, is complete and accurate, and that you will notify Mac Productions within fifteen (15) days of a change to any such contact information;

5.2.2. All sales and distributions, by any and all means, of any type(s) of products or services, which are advertised and/or promoted by, or are in any other way directly or indirectly associated with your use of the Mac Productions, shall at all times comply with all applicable Laws and shall be used only for lawful purposes.

5.2.3. All applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of the Mac Productions and that no taxing authorities shall have any claim against Mac Productions or any persons affiliated therewith for the payment of such taxes, and you will indemnify Mac Productions with respect to all such taxes.

5.2.4. You are not a national or resident of any country subject to U.S. Treasury Department embargo restrictions, or a country whose name is otherwise omitted from the registration form for Mac Productions. You further represent that you are not listed in the "Entity List” or "Denied
Persons List” maintained by the US Department of Commerce or the list of "Specially Designated Nationals and Blocked Persons” maintained by the US Department of Treasury;

5.2.5. You will comply with United States and other applicable export control laws and you will not upload to the Your Web Space or use the Mac Productions to transfer or permit the transfer of any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization;

5.2.6. You are a resident of the United States or Canada;

5.2.7. You will use the Mac Productions services solely for business, entertainment and/or educational purposes;

5.2.8. You will endeavor on a best efforts basis to install and maintain appropriate and effective screening devices and/or procedures on Your Web Sites to avoid access to, or communication of, any harmful matter or indecent communications, by/ to minors;

5.2.9. You will not collect the personally identifiable data of any person without that person's consent, records of which consent shall be maintained throughout the term of this Agreement and for three (3) years afterward, and pursuant to a posted privacy policy disclosing any and all uses of such data and in compliance with applicable Laws;

5.2.10. Your Data and any and all material(s) of every kind which you transmit using the Mac Productions or Mac Productions’ Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software "viruses", "worms", "Trojan Horses," and other source code anomalies, which may cause software or hardware disruption or failure, reduced computer operating speed, or compromise any security system;

5.2.11. You will not attempt to access Mac Productions’ Equipment or Mac Productions’ website or another customer's website without authorization, or use the Mac Productions to carry out, or assist in the carrying out of, any "denial of service" attacks on any other website or internet service;

5.2.12. You will not use Your Web Space or Your Services in any way which may result in an excessive load on the Mac Productions Equipment or which would in any way impair the functioning or operation of Mac Productions' Equipment or Mac Productions’ network.

5.2.13. You have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the United States and throughout the world, to reproduce and disseminate Your Data or Content which you otherwise promote, advertise, disseminate and/or distribute to anyone by your direct or indirect use of the Mac Productions or Mac Productions' Equipment, prior to and at all times during the time such materials are promoted, advertised, disseminated; and

5.2.14. You are over eighteen years of age (or such other age of majority in places where eighteen years is not the age of majority) and are fully competent to enter into this Agreement;

5.2.15. You will endeavor, on a best efforts basis, to ensure that Your Web Sites are securely protected from SQL injection, or any other code injection, in accordance with industry best practice.

5.2.16. You acknowledge that the Mac Productions network used to provide the Your Services to you is not PCI Compliant and therefore not intended for use in storing, transmitting or processing credit or debit card information. All such activity that is subject to the provisions of Payment Card Industry (PCI) Data Security Standard Version 1.1 should be conducted outside of the Mac Productions network.

5.2.17 You agree and understand that Mac Productions has the right (but not the obligation) to modify End User’s WHOIS records as it deems necessary, in its sole discretion, to ensure that ownership of domain names is properly attributed to your End Users in the event you are unavailable or unresponsive to End User requests or to otherwise comply with the law, a court order, or a UDRP decision.

5.3. You will not use the Mac Productions to store, transmit, link to, or otherwise make available Content which, in Mac Productions sole discretion, is deemed to be:

5.3.1. Infringing of the copyright or trademark of any party, or which otherwise gives rise to any other claim or violation of intellectual property rights of any kind;

5.3.2. Child pornography or other content which involves depictions of sexuality by someone who is or looks younger than eighteen years of age, regardless of their actual age, or which could otherwise result from or cause harm to minors;

5.3.3. Pornography, or depictions of bestiality, rape, sexual assault, violence, or torture;

5.3.4. Harmful, violent, threatening, abusive, or hateful;

5.3.5. Libelous, slanderous, defamatory, or which will violate or infringe upon or will otherwise give rise to any adverse claim with respect to any right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights;

5.3.6. Any type of unsolicited mass mailing, posting, or other activity commonly referred to as "spamming," including but not limited to news group or Usenet postings, internet relay chat posting, "phishing,” or "mail bombing;"

5.3.7. Other content deemed objectionable by Mac Productions, in its sole discretion

5.4. You agree not to use your IMAP email accounts for the storage of files other than in the course of normal e-mail usage.

5.5. You shall not operate a chat room using the Mac Productions unless expressly permitted by the terms and conditions of Your Services. You agree that you, and not Mac Productions, shall be responsible for any content added to Your Web Sites by third parties through the use of blogs, bulletin boards, and other public forums you host on Your Web Sites. You agree to regularly monitor such third party content and promptly remove any content that violates any Laws or any of the terms of this Agreement, including, without limitation, Section 5. Mac Productions reserves the right to suspend and/or terminate this Agreement for violation of any of the terms and conditions herein by a third party posting content on Your Web Sites.

5.6. You agree to provide Mac Productions notice of any changes in the primary or secondary DNS address of your name servers, to the extent you have installed and are operating those name servers or to the extent your domain name is held by another registrar and points to a website hosted by Mac Productions.

5.7. Mac Productions reserves the right to block mail from any source which Mac Productions believes, in its sole discretion, is being used to send or facilitate such unsolicited e-mail, including but not limited to open mail relays.

6. NO AGREEMENT TO DISSEMINATE MATERIALS INCONSISTENT WITH YOUR WARRANTIES.

Receipt by Mac Productions of data for storage in Your Web Space and/or transmission via Mac Productions' Equipment which are inconsistent with your warranties set forth in Section 5 herein shall not constitute an agreement by Mac Productions to allow the Mac Productions or Mac Productions’ Equipment to be used to disseminate such information or data in whole or in part, by any means, or if once disseminated via the use of the Mac Productions or Mac Productions’ Equipment, to continue to disseminate such data.

7. NO EDITORIAL CONTROL BY MAC PRODUCTIONS.

In reliance on your express warranties regarding Your Data, Mac Productions shall neither have nor exert any editorial or other subjective control over the substantive content of Your Data. Mac Productions does not engage in any monitoring of Your Data, and exercises no control over information which is found on the internet, except for its own web site. Mac Productions cannot be held responsible for the accuracy, correctness, or legality of such information. You are solely responsible for the content of Your Web Sites and for verifying the accuracy and suitability of information and services you obtain from third parties via the Internet.

8. NO WARRANTIES BY MAC PRODUCTIONS.

8.1. THE MAC PRODUCTIONS SERVICES AND MAC PRODUCTIONS SOFTWARE ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE MAC PRODUCTIONS IS AT YOUR SOLE RISK. MAC PRODUCTIONS DOES NOT WARRANT THAT THE MAC PRODUCTIONS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES MAC PRODUCTIONS MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE MAC PRODUCTIONS. NO WARRANTY IS MADE BY MAC PRODUCTIONS REGARDING ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND MAC PRODUCTIONS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES AND YOUR WEBSITE; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MAC PRODUCTIONS DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE THROUGH THE MAC PRODUCTIONS WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEB SITE OR ANY OTHER PERSON'S OR ENTITY'S WEB SITE OR WEB PAGE.

8.2. You confirm that you if you have decided to enter the Internet and/or web hosting business you have done so unilaterally and you understand that these are high-risk businesses. You further confirm, understand, acknowledge and expressly agree that neither Mac Productions, any agent or representative of Mac Productions, nor any other person is currently representing or otherwise directly or indirectly communicating in any manner herein or otherwise, nor has at any time in the past, represented to you or has otherwise directly or indirectly communicated in any manner to you any guarantee, reassurance or any other communication of any kind regarding:
(i) the potential profitability, marketability, or likelihood of success of your endeavors through the use or reselling of the Mac Productions as set forth herein or otherwise; (ii) the possibility or likelihood that your acting as a customer or Customer of the Mac Productions pursuant to this
Agreement can or will result in the recoupment of any funds expended by you for any purpose; or (iii) the existence, nonexistence, size or any other characteristics of any market for any products or services which involve your use, in any manner, of the Mac Productions pursuant to this Agreement.

8.3. You expressly acknowledge and agree that the success of any business endeavors, which involve your use, in any manner, including without limitation resale, of the Mac Productions pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of its advertising and promotion, your administrative capabilities, etc., and that the ultimate success or failure of your business rests with you and not Mac Productions. You further expressly agree not to raise any claim of any kind against Mac Productions and to hold Mac Productions harmless from any claim of financial investment or other loss to you directly or indirectly resulting from your decision to be a Mac Productions customer.

9. MAC PRODUCTIONS’ LIMITED LIABILITY.

YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE MAC PRODUCTIONS AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL MAC PRODUCTIONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR OR, IF APPLICABLE, YOUR END USER’S USE OF OR OTHERWISE
RELATING TO THE MAC PRODUCTIONS. SOME COUNTRIES, STATES, AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES, AND JURISDICTIONS, MAC PRODUCTIONS'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, MAC PRODUCTIONS DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE MAC PRODUCTIONS, AND MAC PRODUCTIONS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE MAC PRODUCTIONS FROM ANY AND ALL OBLIGATIONS, LIABILITY, AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF MAC PRODUCTIONS TO YOU OR, IF APPLICABLE, TO YOUR END USERS FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO MAC PRODUCTIONS IN THE SIX (6) MONTHS PRECEDING SUCH ALLEGED BREACH, BUT IN NO EVENT TO EXCEED $1,500.

10. YOUR INDEMNIFICATION OF MAC PRODUCTIONS.

You agree that you shall fully defend and indemnify Mac Productions, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys' fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of End-Users (as may be applicable if you are a Customer), or your agent(s) to fully comply with all duties, obligations, and other provisions set forth in this Agreement or any other agreement between you and Mac Productions, including, but not limited to, the warranties set forth in Section 5 or the violation of a third party's intellectual property rights. You further agree to defend, indemnify, and hold harmless Mac Productions, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of End-Users. You agree that Mac Productions shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.

11. PRIVACY.

11.1. Mac Productions will not share or disclose any personal information about you or your account, without your prior consent unless Mac Productions deems it necessary, in its sole discretion, except as outlined in the Mac Productions Privacy Policy.

11.2. You acknowledge, consent and agree that Mac Productions may access, preserve, and disclose your account information and any data associated with your use of the Mac Productions consistent with the Mac Productions Privacy Policy.

11.3. NOTWITHSTANDING THE PROVISIONS OF THIS AGREEMENT TO THE CONTRARY, MAC PRODUCTIONS RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO THE USE OF A USER'S MAIN ACCOUNT AND ANY SUB-ACCOUNTS, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT OR TO ASSIST WITH CRIMINAL OR CIVIL INVESTIGATIONS.

12. TRADEMARK, AND COPYRIGHT

12.2. Mac Productions™ is a service mark of Mac Productions, Inc., all rights reserved. The trademarks, logos, and service marks displayed on this Web Site (collectively, the "Marks") belong to Mac Productions and/or its affiliates or third parties which have licensed those rights to Mac Productions ("Partners"); Mac Productions and Partners retain all rights to the Marks and nothing in this Agreement grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any of the Marks without their owner's prior written consent must be in strict compliance with Mac Productions’ Trademark Usage Policy, which can be found in Mac Productions’ IP Policy. All other trademarks, product names, and company names and logos appearing on Mac Productions' Web Site are the property of their respective owners.

12.3. Unless expressly stated otherwise on Mac Productions’ website, you should assume that all content, images, and materials appearing on Mac Productions’ website (collectively the "Mac Productions Content") are the sole property of Mac Productions. Both U.S. and international copyright laws and treaties protect such Mac Productions Content. You may not use, reproduce, display, or sell any Mac Productions Content without Mac Productions' prior written consent. You may not link to any page within Mac Productions' website or frame any portion of the site without Mac Productions' prior written consent.

13. TERMS AND TERMINATION.

13.1. Unless sooner terminated pursuant to other terms of this Agreement, and except as otherwise provided herein or under the terms of special offers detailed on www.macproductions.net, this Agreement shall be for an initial term of one month if you have chosen the monthly account billing option, and for an initial term of one year if you have chosen the annual account billing option. The term of all monthly-billed accounts shall be automatically renewed each month for additional one-month periods. The term of all annually billed accounts shall be automatically renewed each year for additional one-year periods. Mac Productions may accept prepayment for additional services to be provided under this Agreement, but such acceptance shall not modify or extend the term of this Agreement.

13.2. Notwithstanding the provisions of Paragraph 13.1. to the contrary, Mac Productions offers certain hosting packages and additional services for which the initial term may be in excess of one month regardless of the account billing option you have selected. Any and all fees for such packages or services are due and payable in advance for the entire initial term of the package thereof, and should you terminate, attempt to terminate, or otherwise default on this Agreement prior to the end of any package or service initial term, the package or service fee will be non-refundable (unless this Agreement is terminated by Mac Productions without cause pursuant to Section 13.3. or as otherwise agreed to in writing by Mac Productions at its sole discretion). Such package or service terms shall renew in the same way as the regular account terms, pursuant to the provisions of clause 13.1.

13.3. You or Mac Productions may terminate this Agreement at any time for any reason, with or without cause, upon thirty days' written notice for monthly billed accounts, and with thirty days’ advance notice prior to the annual renewal date for annually billed accounts. Any and all outstanding fees due must be immediately paid upon termination. Mac Productions may suspend performance under or terminate this Agreement and cease transmission of data associated with Your Web Sites immediately and without notice:

13.3.1. If Mac Productions, in its sole discretion, deems that you or your End User has breached any part of this Agreement, including, without limitation, any warranty or obligation set forth in Section 5

13.3.2. If your Payment Account provider refuses payment of fees or charges or you refuse authorization for same;

13.3.3. If payment for the Mac Productions is more than fifteen (15) days overdue; or

13.3.4. If you are convicted of a felony or other serious offense related to financial activities, or are judged by a court to have committed fraud or breach of fiduciary duty.

13.4. Either party may terminate this Agreement immediately by written notice to the other party in the event of the dissolution or liquidation of the other party, the insolvency or bankruptcy of the other party, the institution of any proceeding by or against the other party under the provisions of any insolvency or bankruptcy law; the appointment of a receiver of any of the assets or property of the other party, or the issuance of an order for an execution on a material portion of the property of the other party pursuant to a judgment.

13.5. You further agree that in the event that Mac Productions believes, in its sole discretion that you or your End User has breached any provision(s) of Section 5 of this Agreement, or any of its subparts, by storing or allowing material such as that described in the aforementioned Section 5, or any of its subparagraphs, to be transmitted by Mac Productions' Equipment, that Mac Productions may without any liability to you or your End Users, and in addition to any other remedies, erase or purge such materials from Mac Productions' Equipment without prior notice to you.

13.6. After termination, neither you nor your End Users will have access to your account or Your Data (or your End Users’ data), including but not limited to e-mails, log files, databases, or other data files associated with your account and any and all such data may be deleted. Mac Productions accepts no liability for such deleted information or content. All servers shall remain the property of Mac Productions upon termination and are not subject to customer demands.

14. DISPUTE RESOLUTIONS, AND WAIVER OF JURY TRIAL.

14.1. ANY AND ALL DISPUTES AS TO THE INTERPRETATION OF OR ANY PERFORMANCE UNDER THIS AGREEMENT WHICH ARE NOT FIRST RESOLVED INFORMALLY, SHALL BE DETERMINED BY A COURT OF COMPETENT JURISDICTION IN EITHER THE COURT OF
COMMON PLEAS OF CLEVELAND, OHIO OR THE UNITED STATES DISTRICT COURT FOR THE NORTHEAST DISTRICT OF OHIO. Any judgment issued by any such court shall be subject to entry as a judgment by any court of competent jurisdiction in the United States. You consent to the exclusive personal jurisdiction and venue in such courts and you waive any challenge to the exclusive personal jurisdiction or venue in such courts. You further agree that Mac Productions shall be entitled to collect its attorneys' fees, costs and other expenses in the event that Mac Productions acts to enforce this dispute resolution clause, regardless of whether Mac Productions prevails in the underlying action.

14.2. Notwithstanding the provisions of Section 14.1, if you fail to pay amounts due Mac Productions may assign your account for collection and the collections agency may pursue such claims any court of competent jurisdiction in the United States of America limited strictly to the collection of the past due debt and any interest or cost of collection permitted by Law or this Agreement.

14.3. Either party may seek and obtain any injunctive relief or attachment and expedited discovery or other equitable relief to enforce the terms of this Agreement or to remedy a breach thereof in either the United States District Court for the Northeastern District of Ohio or the Common Pleas Court of Cuyahoga County Ohio.

14.4. In addition to the foregoing, YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND MAC PRODUCTIONS THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, and that such waiver shall be enforceable up to and including the day that trial is to start.

14.5. Neither End User nor Mac Productions may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to this Agreement, nor may two or more individuals' disputes be consolidated or otherwise determined in one proceeding. END USER AND MAC PRODUCTIONS ACKNOWLEDGE THAT THIS SECTION 14.5 WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION

15. GENERAL PROVISIONS.

15.1. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of Mac Productions or you has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement, and Mac Productions and you hereby acknowledge and agree that neither Mac Productions nor you have executed this Agreement in reliance upon any such representation or promise.

15.2. Nothing in this Agreement is intended by the Parties to create or constitute an agency, joint or collaborative venture, or partnership of any kind between Mac Productions and End User, nor shall anything in this Agreement be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between Mac Productions and End User. Mac Productions shall have no control or ownership interests of any kind in your business. Mac Productions shall have no direct financial or other interest in, nor in any way "own" any online "store" or other online venture pertaining to your use of the Mac Productions or Mac Productions' Equipment. Mac Productions' relationship to you shall be restricted to matters pertaining to the provision of the Mac Productions as set forth in this Agreement.

15.3. No person or entity other than you or Mac Productions is or shall be entitled to bring any action to enforce any provision of this Agreement against either of the parties, and the covenants, undertakings, and agreements set forth in this Agreement shall be solely for the benefit of, and shall be enforceable only by the parties hereto or their respective permitted successors and assigns hereunder.

15.4. In the event of a "force majeure" (as defined below), Mac Productions may terminate this Agreement without liability to you. For purposes of the Agreement, "force majeure" shall mean circumstances or occurrences beyond Mac Productions' reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which Mac Productions cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any computer hardware or software, server, or network on which the Mac Productions are located or maintained or through which the Mac Productions are provided, and non-availability of any permits, licenses and/or authorizations required by governmental authority.

15.5. This Agreement and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by you without Mac Productions' prior written consent. Notwithstanding the above, this Agreement shall be binding upon your successors and assigns, if any. Mac Productions may assign or license any or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion.

15.6. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.

15.7. Failure of Mac Productions at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this Agreement shall be valid unless made in writing and signed by duly authorized representative of Mac Productions.

15.8. This Agreement shall be interpreted according to the laws of the State of Ohio, United States of America, and, where applicable, the federal law of the United States of America, without regard to conflicts of law principles.

15.9. Except to the extent specifically provided otherwise in this Agreement, all remedies provided for hereunder, including, without limitation, the right to terminate this Agreement and all of the remedies provided by law (and not excluded pursuant to Article 9 hereof), shall be deemed cumulative and non exclusive.

15.10. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

16. NOTICES

16.1. Mac Productions may provide notice to you via e-mail sent to the e-mail address provided by you upon registration or as subsequently provided by you to Mac Productions. Such notice is deemed effective whether you receive it or not and shall be deemed written notice for the purposes of this Agreement and/or relevant laws. Notwithstanding the foregoing, Mac Productions may provide notice of modifications to this Agreement or the Mac Productions by posting same on the Mac Productions website pursuant to Section 17.

16.2. You may provide notice to Mac Productions in writing at the address first given above and such notice shall be deemed given when delivered (i) personally or (ii) by overnight mail or conventional mail (registered or certified, postage prepaid with return receipt requested).

16.3. Such notice, statement, or other document so delivered to Mac Productions, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given on the date of delivery or on the first date of receipt.

17. MODIFICATION.

Mac Productions may materially alter 17.1. This Agreement by posting the new version of the Agreement at www.macproductions.net and if posted in this manner, shall be effective immediately upon posting such notice. In the event that Mac Productions does materially change the terms of this Agreement, you accept and shall be bound by such changed terms unless you opt to terminate the Agreement in accordance with clause 13.3. Notwithstanding the foregoing, Mac Productions will make commercially reasonable efforts to provide you with advance notice of any such modifications via e-mail. Failure to provide you with notice of modifications shall not be considered a breach of this Agreement, nor shall it render the modifications ineffective.

17.2. You may not modify this Agreement, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorized representative of Mac Productions. No additional or conflicting term in any other document used by you will have any legal effect.

Copyright © 2009 Mac Productions, Inc. All Rights Reserved. Last updated: Tuesday, January 04, 2010

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