Michtine Labs Terms of Service
These terms of service (TOS) or "Agreement" are entered into between Michtine LLC, a LLC formed under the laws of the state of Wisconsin and the person or legal entity purchasing or using the services provided or by submitting the service order or setup form, herein referred to as "Order". Michtine, LLC may herein be referred to as "Michtine", "Michtine Labs", or "MichtineLabs.com". The term "You" or "Customer" refers to the person or legal entity purchasing or using the services provided. Michtine may amend these TOS from time to time, and without notice. These terms of service governs the customer's use of the services provided. The use of the services constitutes agreement to these terms.
SERVICES
Subject to the terms of this Agreement, Michtine agrees to provide the web hosting services described in the Order for the fees stated in the Order.
TERM
The initial term of the Agreement begins on the date that Michtine creates an e-mail notification to Customer to notify the activation of the Customer's account. The term shall continue for the number of months listed on the Order. The initial term shall automatically renew for a term of the same length as the initial term, unless Michtine or Customer notifies the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the current term. Customer notification must come via the Michtine Labs ticketing system.
PAYMENTS
Payments must be submitted to Michtine by 4:00 PM Central time on the due date. Payments submitted after 4:00 PM on due date are subject to a $25 reactivation fee. Failure to make payment by time and date specified authorizes Michtine to suspend/delete Customer account without notice.
CANCELATION/TERMINATION/SUSPENSION
Michtine shall at its sole discretion suspend and/or delete Customer accounts for failure to submit payment by due date. Michtine may at its sole discretion terminate or suspend services to Customer without notice and without liability for Customer's breach of the Agreement. Michtine may at its sole discretion terminate or suspend services to Customer without notice and without liability if Michtine reasonably believes any of the following to be true:
a. Services are being used in violation of the AUP.
b. Suspension is necessary to protect its property or the service of other Customers.
c. Customer fails to cooperate with any reasonable investigation of any suspected violation.
d. As requested/required by a law enforcement or regulatory agency.
Customers whose account has been terminated for breach of the Agreement are not entitled to a refund for unused service.
CUSTOMER INFORMATION
Customer warrants to Michtine that the information he, she, or it has provided to Michtine and will provide in the future to Michitne to establish and maintain the services provided is true and accurate. If Customer is an individual, Customer warrants that he or she is at least eighteen (18) years of age. Michtine may disclose any customer information to law enforcement agencies without further consent of Customer upon lawful request from such agencies. Michtine will fully cooperate with law enforcement agencies.
LEGAL COMPLIANCE/ACCEPTABLE USE POLICY
Customer agrees to use the service in compliance with all application domestic and international laws, statutes, ordinances and regulations and Michtine's Acceptable Use Policy posted at http://MichtineLabs.com/company/aup/ ("AUP") which is hereby incorporated by reference. Michtine may amend the AUP from time to time, and such amendments are effective on the earlier of the date of notice to the Customer or on the first day of any renewal term.
USE OF INFORMATION/PRIVACY POLICY
Michtine's Privacy Policy is posted at http://MichtineLabs.com/company/privacy/ which is hereby incorporated by reference.
BACKUPS/DATA LOSS
Michtine is not responsible for files/data on your account. Any backup service offered is for convenience only and should not be considered your primary backup.
DISCLAIMER OF WARRANTIES
Michtine does not warrant or represent that the services will be uninterrupted, without error, or completely secure. To the extent permitted by applicable law, Michtine disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non infringement. the extent permitted by applicable law, Michtine provides all services on an "as is" basis. Michtine shall not be responsible for any damages your business may suffer.
INDEMNIFICATION
Customer agrees to indemnify and hold harmless Michtine, Michtine's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
FORCE MAJEURE
Michtine shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Michtine's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.