Terms of Service

In these Terms of Service “we, our, us, MaxFrag” refers to MaxFrag Network.

ACCEPTANCE OF TERMS

By accessing the content of www.maxfrag.net (“the Website”) you agree to be bound by the terms of service set out here and you accept our privacy policy available at http://privacy-policy.truste.com/verified-policy/www.maxfrag.net. If you object to any of the terms of service set out in this agreement you should not use any of the products or services on the Website and leave immediately. You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information. You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms of service set out in this agreement.

MODIFICATION

MaxFrag Network reserves the right to change any part of this agreement without notice and your use of the Website will be deemed as acceptance of this agreement. We advise users to regularly check the Terms of Service of this agreement. MaxFrag Network have complete discretion to modify or remove any part of this site without warning or liability arising from such action.

PAYMENT

All services from MaxFrag Network are subscription based. Upon purchase, you agree to be charged automatically on your PayPal account or Credit Card unless services have been cancelled prior to your next invoice date.

PayPal Subscription Cancellations

The buyer is solely responsible for cancelling PayPal subscriptions if he/she is to discontinue services. MaxFrag Network will not provide a refund to customers who fail to cancel the PayPal Subscription.

Credit Card Cancellations

The buyer must login at http://support.maxfrag.net/ and request the removal of their Credit Card recurring payment. The buyer must request the cancellation 10 days before the next invoice date.

SITE CONTENT AND SERVICES

Please be aware that this Site, and all information, materials, products and services contained or described on it, are provided to you "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement.

We do not assume any responsibility for liability which may arise from the content posted from or transmitted to this Site or our services. This includes liability or claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation. Additionally, material presented on this Site whether text, graphics, or images, may contain inaccuracies, omissions or errors and may be modified without prior notice.

We have no obligation to monitor this Site or our services. However, we reserve the right to review any materials posted to the Site or our services and to remove any materials in Our sole discretion.

REFUND AND DISPUTES POLICY

MaxFrag Network does not offer refunds for any services. MaxFrag Network does not issue credits or refunds in the event of a change in services requested or cancellations. The cost to track and issue credits or refunds would be relatively high and the benefit would be relatively low considering the nominal monthly fees. Account Setup Fees will not be refunded after the account is in the process of being setup or has finished being setup.

Three Day Money Back Guarantee

The three day money back guarantee only applies to the initial payment for new customers. The three day money back guarantee will be negated if any part of these terms is broken.

a) Paypal

MaxFrag Network will not provide a refund if a paypal subscription has not been cancelled. The buyer is solely responsible for cancelling PayPal subscriptions if he/she is to discontinue services.

b) Credit Card

MaxFrag Network will not provide a refund if a customer has not formally requested a refund via our support ticket system. The buyer must login at http://support.maxfrag.net/ and request the removal of their Credit Card recurring payment.

Once you have ordered using our Credit Card option as the billing type, you agree to setup a recurring billing so we do not cancel your services when the first billing cycle is over.

All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer, in MaxFrag Networks sole discretion is a valid charge under the provisions of this document, you agree to pay MaxFrag Network an "Administrative Fee" of $150.

If or when a dispute is filed, MaxFrag Network reserves the right to suspend or cancel your service for the duration of the dispute, or for 30 days.

LIMITATION OF LIABILITY

MaxFrag Network will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Website. Nothing within this Agreement will operate to exclude any liability for death or personal injury arising as result of the negligence of MaxFrag Network and its employees or agents.

COUPONS

All coupons are only valid for new customers. Customers may not use a coupon twice or re-order with a coupon. All coupons can only be used once. Customers may not continuously use the same coupon. If a customer is found re-ordering with a coupon, MaxFrag reserves the right to suspend the package until they are compensated for the amount due. All coupons and discounts are only valid until the end of the billing term.

UPGRADES AND DOWNGRADES

Clients may upgrade their service packages with MaxFrag Network at any time. Customers may downgrade service package at least 10 days prior to next invoice due date. Clients shall not use a coupon when upgrade or downgrading his/her package. MaxFrag Network reserves the right to suspend the server until the full amount is compensated by the client.

REFUSAL OF SERVICE POLICY

MaxFrag Network reserves the right at its sole discretion to refuse or cancel any services provided, at any time.

Violation of any of MaxFrag Network's Terms of Service or Policies could result in a warning, suspension, or possible Refusal of Service.

Accounts terminated due to policy violations and/or legal violations will not be refunded.

THREATS AND DEMANDS

Any threat or demand of legal action, PayPal dispute, or charge back will immediately result in your account being canceled without refund.

BACKUPS AND DATA LOSS

MaxFrag Network makes daily backups of client data. The client agrees to not hold MaxFrag Network responsible for any data loss due to but not limited to: data corruption, system failures, system upgrades, or hard drive failure.

COPYRIGHT

All intellectual property of MaxFrag Network such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of MaxFrag Network. By using the Website you agree to respect the intellectual property rights of MaxFrag Network and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.

DISCLAIMERS

The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision. The information contained with the Website is provided on an “as is” basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website. We do not guarantee uninterrupted availability of the www.maxfrag.net Website and cannot provide any representation that using the Website will be error free.

THIRD PARTIES

The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.

SEVERANCE

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

GOVERNING LAW AND JURISDICTION

This Agreement will be governed by the laws of Canada and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of Canada's courts without reference to rules governing choice of laws.

The use of our services for illegal activities is strictly prohibited. All customers agree that MaxFrag may disclose any and all client information including assigned IP numbers, account history, account use, and any other account information to any law enforcement agency who makes a written request without further consent or notification to the Client. In addition, MaxFrag has the right to discontinue all services without prior notice if Client's services are used for illegal activities. In this event, Clients will not receive a refund.

PRIVACY

We respect your privacy and are committed to protecting it. The success of the Site depends on Our pledge to abide by this principle. Accordingly, We do not collect any identifiable personal data about anyone accessing or using this Site without their knowledge, and We will not make available or sell any of Our visitor's email addresses to any third parties. When you post a message, question or correspondence of any kind on this Site We will not attempt to identify you or to monitor your activities, provided you abide by the terms of this agreement. However, We reserve the right at all times to disclose any information We deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.

FALSE/FRAUDULENT INFORMATION

MaxFrag Network reserves the right to cancel any orders without notice or refund if customer information is found to be false or fraudulent. If a customer signs up with a false name, address, phone number, or any other information required for verification, the services will be deleted without a refund. MaxFrag Network reserves the right to investigate a customer if the supplied customer information is found suspicious of fraud. MaxFrag Network may ask for the customer to submit a Government Issued Photo ID for verification.

June 08, 2009 Anniversary Special Terms

All 10 slot anniversary special orders are $0.01 the first month. All customers who sign up for the Anniversary Special must renew for at least 1 additional month using regular pricing. If a customer is found canceling his/her subscription, all hosting services will be terminated immediately.

Any clients found taking advantage of the Anniversary Special packages will be removed immediately. Taking advantage of the Anniversary Special is, but not limited to, a individual ordering multiple packages, or a group ordering multiple packages. Any associate of a hosting provider may not order a package during this event. If a individual who is currently employed or associated with a hosting service provider is found ordering a package during this event, the package will be deleted immediately without warning. All sales on this day are final. No sales will apply to the 3 Day Money Back Guarantee.

For any questions regarding these specific provisions, please email corporate [at] maxfrag.net.

CONTACT

If you have any questions or concerns regarding these terms of service of use, or any other agreement related to this Site, please contact Us at:

corporate[at]maxfrag.net