Terms of Service (ToS)
Software Internet Services ("The Company" or "MARS SOFTWARE") agrees to
furnish services to the Subscriber, subject to the following TOS (Terms
Use of MARS SOFTWARE Service constitutes acceptance and agreement to MARS SOFTWARE's AUP as well as MARS SOFTWARE's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of MARS SOFTWARE and AUP (Acceptable Use Policy). The AUP
may be changed from time to time at the discretion of the Company.
Subscriber understands that change to the AUP by the Company shall not
be grounds for early contract termination or non-payment.
Agreement shall be construed in all respects in accordance with the
laws of the state of Texas, county of Harris applicable to contracts
enforceable in that state. Venue will be Harris County, Texas
Pornography and sex-related merchandising are prohibited on any MARS
Software Internet Services server EXCEPT those on servers that have
clearly stated that such content is allowed upon signing up. This
includes sites that may infur sexual content, or links to adult content
elsewhere. This is also true for sites that promote any illegal
activity or content that may be damaging to MARS Software Internet
Services servers or any other server on the internet. Links to such
materials are also prohibited. All IRC related activities are strictly
prohibited and can be cause for immediate account termination!
Disclosure to Law Enforcement: The AUP
specifically prohibits the use of our service for illegal activities.
Therefore, Subscriber agrees that the Company may disclose any and all
subscriber information including assigned IP numbers, account history,
account use, etc. to any law enforcement agent who makes a written
request without further consent or notification to the Subscriber. In
addition MARS SOFTWARE shall have the right to terminate all service
set forth in this Agreement.
Subscriber acknowledges that the nature of the service furnished and
the initial rates and charges have been communicated to Subscriber.
Subscriber is aware that the Company may prospectively change the
specified rates and charges from time to time. The promotional offer is
contingent upon Company achieving and maintaining its cost of service
goals including but not limited to rates charged to company by its
Establishment of this service is dependent upon receipt by the Company
of payment of stated charges. Subsequent payments are due on the
anniversary date of the month for that month's service. The above
applies to all accounts and services provided by MARS SOFTWARE.
Payments and Fees:
Credit cards that are declined for any reason are subject to a $10.00
declination fee. Service will be interrupted on accounts that reach
past due date. Service interrupted for nonpayment is subject to a
$25.00 reconnect charge. Accounts not paid by due date are subject to a
$25.00 late fee. Accounts that are not collectable by MARS SOFTWARE may
be turned over to an outside collection agency for collection. If your
account is turned over for collection, you agree to pay the company a
"Processing and Collection" Fee of not less than $100 nor more than
$250. If you desire to cancel your account, please follow the proper
procedure to do this as outlined in this TOS.
Refund and Disputes:
All payments to MARS SOFTWARE are nonrefundable. This includes the one
time setup fee and subsequent charges regardless of usage. All
overcharges or billing disputes must be reported within 15 days of the
time the dispute occurred. If you dispute a charge to your credit card
issuer that, in MARS SOFTWARE's sole discretion is a valid charge under
the provisions of the TOS and/or AUP, you agree to pay MARS SOFTWARE an
"Administrative Fee" of not less than $25 and not more than $150.
Failure to Pay:
The Company may temporarily deny service or terminate this Agreement
upon the failure of Subscriber to pay charges when due. Such
termination or denial will not relieve Subscriber of responsibility for
the payment of all accrued charges, plus reasonable interest and any
Request for termination of user accounts / dedicated servers can be
made through by writing to MARS SOFTWARE well before 45 days of expiry.
Termination requests received will take effect immediately, and all
dues upto cancellation date should be paid accordingly.
acknowledges that the service provided is of such a nature that service
can be interrupted for many reasons other than the negligence of the
company and that damages resulting from any interruption of service are
difficult to ascertain. Therefore, subscriber agrees that the company
shall not be liable for any damages arising from such causes beyond the
direct and exclusive control of the company. Subscriber further
acknowledges that the company's liability for its own negligence may
not in any event exceed an amount equivalent to charges payable by
subscriber for services during the period damages occurred. In no event
shall the company be liable for any special or consequential damages,
loss or injury.
Payment made for domain registration will not be refundable in all
cases, including those that involve mistakes committed by any persons,
MARS SOFTWARE staff or not, at any stage of the domain registration
process. A confirmation e-mail will be sent to registrants within 24
hours of the submission of the domain name purchase order.
Transfer of Domains:
New web hosting accounts which involve the transfer of a domain from
another provider to MARS SOFTWARE will require a minimum of seven (7)
days to be set up and entered into our DNS servers. In some cases, such
transfers may take up to sixty (60) days. Due to the unpredictable
nature of the transfer process, no guarantees are made regarding the
amount of time a specific transfer may take.
MARS SOFTWARE provides 24 x 7 technical support to our subscribers
(except for few holidays and short company meetings) We limit our
technical support to our area of expertise. The following is our
guidelines when providing support: MARS SOFTWARE provides support
related to your services or virtual site physical functioning. MARS
SOFTWARE does not offer tech support for application specific issues
such as cgi programming, html or any other such issue. MARS SOFTWARE
does not provide technical support for YOUR customers.
SPAM and Unsolicited Commercial Email (UCE):
MARS SOFTWARE takes a zero tolerance approach to the sending of
Unsolicited Commercial Email (UCE) or SPAM over our network. Very
simply this means that customers of MARS SOFTWARE may not use or permit
others to use our network to transact in UCE. Customers of MARS
SOFTWARE may not host, or permit hosting of, sites or information that
is advertised by UCE from other networks. Violations of this policy
carry severe penalties, including termination of service.
of MARS SOFTWARE's SPAM policy will result in severe penalties. Upon
notification of an alleged violation of our SPAM policy, MARS SOFTWARE
will initiate an immediate investigation (within 48 hours of
notification). During the investigation, MARS SOFTWARE may restrict
customer access to the network to prevent further violations. If a
customer is found to be in violation of our SPAM policy, MARS SOFTWARE
may, at its sole discretion, restrict, suspend or terminate customer's
account. Further, MARS SOFTWARE reserves the right to pursue civil
remedies for any costs associated with the investigation of a
substantiated policy violation. MARS SOFTWARE will notify law
enforcement officials if the violation is believed to be a criminal
violations of this policy will result in an "Administrative Fee" of
$250 and your account will be reviewed for possible immediate
termination. A second violation will result in an "Administrative Fee"
of $500 and immediate termination of your account. Users who violate
this policy agree that in addition to these "Administrative" penalties,
they will pay "Research Fees" not to exceed $175 per hour that MARS
SOFTWARE personnel must spend to investigate the matter. PLEASE, DO NOT
SPAM from your account.
anyone hosting websites or services on their server that support
spammers or cause any of our IP space to be listed in any of the
various Spam Databases will have their services immediately disabled.
The services will not be enabled until such time that you agree to
remove ANY and ALL traces of the offending material
immediately upon reconnection and agree to allow us access to the
account to confirm that all material has been COMPLETELY
removed. Severe violations may result in immediate and permanent
removal of the account from our network without notice to the customer.
Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.
IP Address Ownership:
If MARS SOFTWARE assigns Customer an Internet Protocol address for
Customer's use, the right to use that Internet Protocol address shall
belong only to MARS SOFTWARE, and Customer shall have no right to use
that Internet Protocol address except as permitted by MARS SOFTWARE in
its sole discretion in connection with the Services, during the term of
this Agreement. MARS SOFTWARE shall maintain and control ownership of
all Internet Protocol numbers and addresses that may be assigned to
Customer by MARS SOFTWARE, and MARS SOFTWARE reserves the right to
change or remove any and all such Internet Protocol numbers and
addresses, in its sole and absolute discretion.
IP Address Usage:
Any customer caught using an IP address that has not been assigned to
them agrees to pay a $25 fee. The domain caught using the offending IP
address can be disabled or deleted at the discretion of MARS SOFTWARE.
Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the
number of megabytes per month for the Services ordered by Customer on
the Order Form (the "Agreed Usage"). MARS SOFTWARE will monitor
Customer's bandwidth and disk usage. MARS SOFTWARE shall have the right
to take corrective action if Customer's bandwidth or disk usage exceeds
the Agreed Usage. Such corrective action may include the assessment of
additional charges, disconnection or discontinuance of any and all
Services, or termination of this Agreement, which actions may be taken
is in MARS SOFTWARE's sole and absolute discretion. If MARS SOFTWARE
takes any corrective action under this section, Customer shall not be
entitled to a refund of any fees paid in advance prior to such action.
In the event that a customer exceeds the included allocation, MARS
SOFTWARE may, at its sole discretion, collect a deposit, in an amount
determined by MARS SOFTWARE, against customer's credit card on file
with MARS SOFTWARE.
System and Network Security:
Users are prohibited from violating or attempting to violate the
security of the MARS SOFTWARE Network. Violations of system or network
security may result in civil or criminal liability. MARS SOFTWARE will
investigate occurrences, which may involve such violations and may
involve, and cooperate with, law enforcement authorities in prosecuting
Users who are involved in such violations. These violations include,
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization.
to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail
bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation:
MARS SOFTWARE is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet- related activities.
First violation: Any User, which MARS SOFTWARE determines to have violated any element of this Acceptable Use Policy,
shall receive an email, warning them of the violation. The service may
be subject at MARS SOFTWARE's discretion to a temporary suspension
pending a User's agreement in writing, to refrain from any further
Violation: Users that MARS SOFTWARE determines to have committed a
second violation of any element of this Acceptable Use Policy shall be
subject to immediate suspension or termination of service without
Suspension of Service or Cancellation:
MARS SOFTWARE reserves the right to suspend network access to any
customer if in the judgment of the MARS SOFTWARE network administrators
the customer's account is the source or target of the violation of any
of the other terms of the AUP
or for any other reason which MARS SOFTWARE chooses. If inappropriate
activity is detected, all accounts of the Customer in question will be
deactivated until an investigation is complete. Prior notification to
the Customer is not assured. In extreme cases, law enforcement will be
contacted regarding the activity. The customer will not be credited for
the time the customer's account was suspended. The customer will also
not be credited for any fees if their account has been terminated.
SOFTWARE reserves the right to amend its policies at any time. All
resellers of MARS SOFTWARE must adhere to the above policies. Failure
to follow any term or condition will be grounds for immediate
Cancellation. You will be held responsible for the actions of your
clients in the matter described on these Terms and conditions.
Indemnification: MARS SOFTWARE wishes to emphasize that in agreeing to the MARS SOFTWARE Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies MARS SOFTWARE for any violation of the Acceptable Use Policy (AUP)
and Terms of Service (ToS) that results in loss to MARS SOFTWARE or the
bringing of any claim against MARS SOFTWARE by any third-party. This
means that if MARS SOFTWARE is sued because of a customer's or a
customer of a customer's activity, the customer will pay any damages
awarded against MARS SOFTWARE, plus all costs and attorney's fees.
You must provide us with, and keep current, good contact information
for you. E-mail, telephone and fax contacts are used, in that order of
waiver by the Company of any breach of any provision of this Agreement
by Subscriber shall not operate as or be construed as a continuing or
subsequent waiver thereof or as a waiver of any breach of any other
shall not transfer or assign this Agreement without the prior written
consent of the Company. Company may assign Agreement at anytime without
consent from or notice to Subscriber. Company reserves right to cancel
customers rights under this contract at anytime without further
SOFTWARE takes no responsibility for any material input by others and
not posted to the MARS SOFTWARE Network by MARS SOFTWARE. MARS SOFTWARE
is not responsible for the content of any other websites linked to the
MARS SOFTWARE Network; links are provided as Internet navigation tools
only. MARS SOFTWARE disclaims any responsibility for any such
inappropriate use and any liability to any person or party for any
other person or party's violation of this policy.
SOFTWARE is not responsible for any damages your business may suffer.
MARS SOFTWARE does not make implied or written warranties for any of
our services. MARS SOFTWARE denies any warranty or merchantability for
a specific purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service interruptions
including equipment failure.
Responsibility for Content: You, as MARS SOFTWARE's customer, are solely responsible for the content stored on and served by your account.
IMPORTANT NOTICE: *All Payments To MARS Software Internet Services Are Non-Refundable*