Moore Tech Solutions, Inc. – Terms of Website Use and Service Provided Agreement
Table of Contents
- Terms of Service
- Acceptance of these terms of Service
- Age restriction
- Description of services
- Third party software
- Expectation of Service
- Website content
- Website testing
- Domain name registration
- E-mail accounts
- Payment for Services
- Disclaimers and Limitation of Liability
- Entire Agreement
- Controlling Law and Jurisdiction
- Arbitration and Legal Fees
- General Provisions
Terms of Service
These Terms of Website Use and Service Provided (hereinafter called Terms of Service or Agreement) govern the access or use by you, an individual or company, residing in or located within the United States and its territories and possessions, of the Moore Tech Solutions, Inc. (Moore Tech Solutions) Website and any Goods or Services provided to you by Moore Tech Solutions, Inc. collectively. For purposes of this agreement, the terms “we”, “the website”, “our”, “the Company“, Moore Tech Solutions”, and “MTS” are synonymous with Moore Tech Solutions, Inc. The term “Services” will apply to Goods and Services provided by Moore Tech Solutions.
PLEASE READ THESE TERMS CAREFULLY. YOUR ACCESS TO AND USE OF ANY OF THE SERVICES PROVIDED BY MOORE TECH SOLUTIONS CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS WHICH ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND MOORE TECH SOLUTIONS. IF YOU DO NOT UNDERSTAND AND ACCEPT THESE PROVISIONS SET FORTH HEREIN THEN YOU SHOULD NOT USE THE SERVICES PROVIDED BY MOORE TECH SOLUTIONS.
Acceptance of these Terms of Services
BY ACCESSING OR USING THE MOORE TECH SOLUTIONS WEBSITE OR ANY SERVICES PROVIDED BY MOORE TECH SOLUTIONS YOU AGREE THAT:
- These Terms of Service are a legally binding agreement and the equivalent of a signed written contract.
YOUR CONTINUED USE OF THE WEBSITE OR SERVICES PROVIDED BY MOORE TECH SOLUTIONS CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF SERVICES AS THEY NOW EXIST AND AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS OR USE THE WEB SITE OR AVAIL YOURSELF OF SERVICES PROVIDED BY MOORE TECH SOLUTIONS.
AGE RESTRICTIONS – OUR SERVICES ARE NOT DIRECTED TOWARED MINORS. NO ONE WHO IS UNDER THE AGE OF 18 IS ALLOWED TO REGISTER WITH MOORE TECH SOLUTIONS OR TO USE OUR SERVICES. WE WILL NOT KNOWINGLY COLLECT ANY INFORMATION FROM SOMEONE WHO IS UNDER THE AGE OF 18. IF WE FIND THAT THERE IS AN ACCOUNT REGISTERED TO SOMEONE WHO IS UNDER THE AGE OF 18 WE WILL CLOSE IT IMMEDIATELY AND DELETE ANY INFORMATION ASSOCIATED WITH THAT ACCOUNT.
Description of Services
MTS provides Goods and Services which include Internet marketing services such as website design and development, website hosting, search engine marketing, social media setup, e-mail newsletter marketing setup, website hosting, and other Services. The Services provided may be amended from time to time by MTS.
Third party software
In many cases MTS will be using third party software developed by others in order to provide a solution. Though we will use our best effort to deliver a solution which meets the project requirements, in no case will we be held liable for third party software errors, or security flaws. Third party software must be kept reasonably up to date to function properly and MTS will not be responsible for licensing fees for updates but, if the clients have a valid maintenance plan, we will communicate recommended updates to clients during the period that they are covered.
If modifications to third party extensions are required to the level that would render the extension(s) unable to receive updates in the standard manner, MTS will not be responsible for any errors arising from updates. If there are coding changes made by the software developer MTS will not guarantee or warranty that any such modifications would survive any changes made by the developer if updates were necessary or installed.
Expectation of Service
If the site, any extensions, or any modifications require updates, whether by standard or non-standard update methods, there should be no expectation of continued service by Moore Tech Solutions for the purpose of on-going maintenance to a client site unless client has purchased a maintenance plan and that plan is active and in good standing.
You are solely responsible for all content either posted on or transmitted from your site. This includes text, data, images, photographs, video, audio or other materials. You represent and warrant to MTS that you have the right to post any information which is on your site. You represent and warrant to MTS that you will not post material which may violate any applicable local, state, national, or international laws. MTS will not be liable for any information you may post or transmit.
For services which include website development, MTS will test the site to be delivered during quality control. Once the site is live it is the client’s responsibility to test the site and report any issues immediately. In the event that an issue arises during the first 60 days after launch MTS will address it as long as no other parties have administered the site, updated the site, or modified any extensions on the site. Moore Tech Solutions will not be held responsible for any errors on the site that are not reported within the first 60 days. Moore Tech Solutions will not be responsible for any errors on the site, whether reported in the first 60 days or not, if any other administrators or developers have administered or altered the site.
As a part of our development services, MTS may provide website hosting. This will be provided through a host that we have confidence in and from whom we have a reasonable expectation of high availability of the needed resources and good support. In no event does our selection of a particular host provide any guarantee or warranty by MTS of any uptime or support. MTS will bear no liability whatsoever for host downtime or other errors introduced by the host.
Domain name registration
From time to time MTS will, as a courtesy, register a domain name for a client. Under no circumstances will MTS bear liability should a domain name registrar account be compromised or expires.
From time to time MTS will set up a limited number of e-mail accounts on a hosting account for clients. MTS is in no way responsible for e-mail content which you may send or receive or for any interruption in e-mail services or loss of service to your website should your account become too full. You are responsible for backing up your e-mail messages on a local device.
Payment for Services
Payments for Services are due upon receipt. Payments can be received by check via mail or online via PayPal or major credit cards.
Hosting accounts are invoiced thirty days prior to renewal with a 10 day grace period after anniversary date after which the hosting account is taken offline with a $150 fee to re-establish service. Other receivables which are older than 30 days are subject to a suspension of service until the account is brought current. Late charges are the greater of $5.00 or 1.5% per month.
Disclaimers and Limitation of Liability
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. THE COMPANY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, THE COMPANY MAKES NO WARRANTY OR GUARANTEE THAT THIS SITE OR SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
IN NO EVENT WILL THE COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY THE COMPANY, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
You agree to indemnify, release, defend, and hold Moore Tech Solutions, its officers, directors, owners, employees and agents harmless from and against any claims and liabilities including without limitation reasonable legal and accounting fees arising in any way whatsoever from your use of the Moore Tech Solutions site or Services which we may have provided you.
These Terms of Service are the entire and exclusive agreement between you and Moore Tech Solutions, Inc. and supersede and replace any other agreement, written or oral regarding the site or Services we may provide.
These Terms of Services shall be interpreted in accordance with the laws of the state of Alabama and the United States of America.
Arbitration and Legal Fees
Any controversy, dispute or claim arising out of, or relating to this Agreement by either party shall be settled by arbitration, in accordance with the rules, then applicable, of the American Arbitration Association, and the parties hereto agree that the decision or award thereby made shall be final and shall be binding on all parties. Arbitration decisions shall be made by a board composed of three members, one chosen by each party hereto and a third chosen by the two previously selected. All meetings and hearings of the Arbitration board shall be held In Jefferson County, Alabama. If any legal action is brought by either party to this Agreement against the other party regarding the subject matter of this Agreement, the prevailing party shall be entitled to recover in addition to any other relief, reasonable attorney's fees and expenses.