All services are governed by the general terms and conditions that are listed below along with the terms in the applicable schedule(s) for the specific services that are purchased.
This is service agreement version number 1.1, July 2014
This contract applies to any and all media81 group services that you purchase, whether purchased separately or as a part of a complete solution or package bundle. You expressly agree that any third party functionality (including products, services or offering)s that are available to you as a part of any of the media81 group product or services shall be used by you in accordance with the terms of any relevant third party licenses. Your failure to abide by any third party license may result in the immediate termination of your services by media81 group. Furthermore, media81 group does not control such third party functionality and is therefore not liable for any issues of any kind relating to the third party functionality. Media81 group reserves the right, at its sole discretion, to terminate, suspend, cancel or alter your access to third party functionality at any time.
Fees, payments & Terms of service:
As consideration for the services you purchased, you agree to pay Media81 Group the applicable service(s) fees set forth on our Website at the time of your selection, or, if applicable, upon receipt of your invoice from Media81 Group. All fees including deposits are due immediately and are non-refundable. Media81 Group, Inc. reserves the right to withhold services and webPages from viewing on the Internet until final payment is made.
Exclusive Remedy; Time Limitation On Filing Any Claim:
You agree that our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any Media81 Group service(s) provided under this agreement and/or for any breach of this agreement is solely limited to the amount you paid for such service(s) during the term of this agreement. In no event shall Media81 Group, its licensors and contractors (including, but not limited to, third parties providing services as part of the subscription service for websites from Media81 Group) be liable for any indirect, incidental, special or consequential damages even if Media81 Group has been advised of the possibility of such damages. To the extent that a state does not permit the exclusion or limitation of liability as set forth herein Media81 Group’s liability is limited to the extent permitted by law in such states. Media81 Group and its licensors and contractors disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of god; (4) loss or liability resulting from the unauthorized use or misuse of your account number, password or security authentication option; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store email messages; (7) loss or liability resulting from the development or interruption of your website or your Media81 Group website; (8) loss or liability from your inability to use our email service, website manager service or any component of the subscription service (for websites from Media81 Group); (9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agent’s failure to pay any fees, including the initial registration fee or re-registration fee; (10) loss or liability as a result of the application of our dispute policy; or (11) loss or liability relating to limitations, incompatibilities, defects, or other problems inherent in xml, xkms, or any other standard not under Media81 Group sole control. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this agreement or any of our services must be filed within one (1) year after such claim or cause of action arose or such claim shall be forever barred.
Disclaimer of Warranties:
You agree that your use of our service(s) or our licensors’ services is solely at your own risk. You agree that all of such services are provided on an “as is,” and “as available” basis, except as otherwise noted in this agreement. We and our licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Media81 Group nor our licensors make any warranty that service(s) licensed hereunder will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free; nor do we or our licensors make any warranty as to the results that may be obtained from the use of the service(s) or as to the accuracy or reliability of any information obtained through our services. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through any of our services or any transactions entered into through such services. No advice or information, whether oral or written, obtained by you from us or through our services shall create any warranty not expressly made herein, you may not rely on any such information or advice. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. We are not responsible for and shall have no liability with respect to any products and/or services purchased by you from a third party.
You agree to release, indemnify, defend and hold harmless Media81 Group and any of our (or their) contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising out of (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (b) the Media81 Group services or your use of such services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, (c) any intellectual property or other proprietary right of any person or entity, (d) a violation of any of our operating rules or policies relating to the service(s) provided, (e) any information or data you supplied to Media81 Group, including, without limitation, any misrepresentation in your application, if applicable, (f) the inclusion of metatags or other elements in any website created for you or by you via the Media81 Group services, or (g) any information, material, or services available on your licensed Media81 Group Website . When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us. Such assurances may, without limitation, be in the form of a deposit of money by you to us or our representatives to cover our fees and expenses, including but not limited to reasonable attorneys’ fees, in any such suit or threat of suit. Your failure to provide such assurances may be considered by us to be a material breach of this Agreement. We shall have the right to participate in any defense by you of a third-party claim related to your use of any of the Media81 Group services, with counsel of our choice. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement.
What happens after domain names expire?
Once a domain name expires, it goes through many stages before being released to the open market. Media81 Group sends two renewal emails to the Media81 Group account owner prior to the expiration date. Below is a timeline based on .com domain names.
Day 1: We make the first billing attempts to renew the domain name. If the billing fails on the day of, or auto renew fails, the domain name expires and is immediately set to parking. The domain name can be renewed by the registrant at no extra cost.
Day 5-18: We make the second billing attempt. The domain name remains in parking, but can still be renewed by the registrant at no extra cost.
Day 19-42: The domain name can be renewed by the registrant for the cost of a one-year renewal plus an $80.00 redemption fee.
Day 43: The domain name will not be available for renewal and Media81 Group will have the right to sell/own the expired domain name.
A registrant can renew an expired domain name at no extra cost up to day 18. If they renew an expired domain name anytime between day 19 and day 42, they must also pay an $80.00 redemption fee. The domain name might not be available for renewal after day 19.
What happens when my web hosting expires?
We keep a copy of your website for 29 days, you can renew your hosting at no additional cost. The hosting account can be renewed by the account owner for the cost of a one-year renewal plus an $180.00 redemption fee between day 30 and day 42. The account will be terminated after day 42 and data recovery will not be available.
Copyrights and Trademarks:
The Client represents to Media81 Group, Inc. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Media81 Group, Inc. for inclusion in WebPages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Media81 Group, Inc. and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
Media81 Group, Inc. agrees that any service performed will be owned solely by the Client upon completion of project and payment in full. Media81 Group, Inc. reserves the right, however, to add any project into a general portfolio to demonstrate to prospective Clients as reference and sample of performed work/service.