Terms of Service Agreement

For customers utilizing website hosting, website development, or other services provided by MarqEight.

Following are terms of services for website hosting, domain registration, and website development services provided by MarqEight. The customer shall provide billing address and any other information necessary for MarqEight to maintain website hosting and registration services. Any information not provided at sign-up will be requested by MarqEight and provided by the customer. Signature on our order form, or submission of an online order for service, indicates agreement to these terms of service.

1. Website Hosting Payment Terms: Billing for website hosting service will commence when the website hosting service is created, prior to development of a new website project. Website hosting services are invoiced monthly. Payment is due by the 15th of the current month’s hosting service. Termination of Website Hosting Services with MarqEight requires a 30-day advance notification via phone, e-mail or postal mail. If a customer chooses to activate their domain name through MarqEight, their domain name registration will expire with their hosting service. MarqEight reserves the right to change the rates by notifying customers 60 days in advance of the effective date of the change. MarqEight reserves the right to cancel hosting service at any time.

2. Website Hosting Pre-Payment Terms: MarqEight may offer a discount for paying an entire year of hosting service up front. Refunds will not be issued in the case that a customer cancels their hosting service before the period they have pre-paid for.

3. Payment Terms Website Development:

A. Custom Website Development: MarqEight requires a minimum of 50% down payment on all custom website development and design services. Down payment on website development is non-refundable, and down payment amount may be modified at MarqEight’s discretion. The final balance is due 7 days from completion of website development project. If MarqEight is developing a website that is not hosted by MarqEight, final payment for the project must be received prior to project launch or relinquishing ownership to customer. Should a development project span more than 30 days, customer will receive progress billing in the amount of at least 25% of the remaining balance each month, beginning on day 30 of development. Ongoing website maintenance and updates are billed on the 1st calendar day of the following month.

B. Semi-Custom Website Development: MarqEight requires the first month for semi-custom website subscription services, and full payment for any add-ons, upon order completion and prior to development. Monthly service will be billed on the first day of each calendar month, for as long as the service remains active.

4. General Payment Terms: Payment is due 5 days after the date of an invoice for all services. Accounts are in default if payment is not received 10 days after the invoice date. If customer pays by check that does not clear, the customer is immediately in default and subject to a returned check charge of $35. Accounts unpaid 60 days after date of invoice will be subject to service interruption. Such interruption does not relieve you from the obligation to pay the monthly charge. Accounts in default are subject to an interest charge of $5.00 or 1.5% per month on the outstanding balance, whichever is greater. If your state law does not allow an interest rate of 1.5% per month, the maximum allowable rate for your state will be charged. If you default, you agree to pay MarqEight its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

5. Content Responsibilities: The customer is responsible for all content posted or stored on their web hosting space. MarqEight exercises no control over the content or information contained on the servers used for hosting. MarqEight will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. MarqEight is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services the MarqEight provides or the software used by the customer.

6. Service Interruptions: MarqEight is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters.

7. Account Credentials: The customer agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a customer believes that his user ID or password has been compromised, the customer agrees to contact MarqEight immediately via e-mail or telephone.

8. Governing Laws: MarqEight’s corporate office is located in Malden, Massachusetts. This agreement will be performed in and governed by the laws of the State of Massachusetts. Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. MarqEight reserves the right to discontinue service for violation of any of the conditions of this service agreement.

All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.

9. Third Party Networks: Any access to other networks connected to MarqEight’s network must comply with the rules appropriate for that other network.

10. Disk Storage and Bandwidth: MarqEight will monitor the customer’s current disk storage and bandwidth. If usage exceeds the amount registered for, MarqEight will contact the customer in an attempt to make an arrangement for additional resources. If customer does not respond, or is unable to be reached, MarqEight shall have the right to take corrective actions for exceeding resources. Such actions may include assessing additional charges, increasing service plan, temporarily discontinuing services, or terminating the current agreement. If the customer feels that more disk storage is required, it is the customer’s responsibility to contact MarqEight ([email protected] or 763-350-8762) to discuss options for increased disk storage.

11. Content and Terms of Use: All services provided by MarqEight may be used only in accordance of the law. Storage, documentation, transmission, or presentation of information or data that violates US Federal, State, or City law is strictly prohibited. This includes, but is not limited to, copyrighted or plagiarized material, racist or threatening material, material that is obscene, pornography, “adult only” content, or material protected by other statute.

MarqEight prohibits website hosting customers from participating in pirating unlicensed software, pirating mp3 files, listing hacker programs or archives, hosting warez websites, pornography. The customer agrees to indemnify and hold MarqEight harmless from any claims resulting from his/her use of MarqEight’s services that damage the customer or another party. Use of MarqEight’s web hosting and e-mail Services to send Unsolicited Commercial E-mail (UCE or “SPAM”) is strictly prohibited and may be cause for immediate account termination. The customer agrees to pay MarqEight any reasonable expenses, including attorney and system administration fees, incurred in responding to complaints and damages caused by the action of sending Unsolicited Commercial E-mail.

12. Adherence to Proposal: It is the responsibility of the customer to review in full all proposals for website development, website design, and other services provided by MarqEight. Should services or resources fall above the scope of the original proposal, MarqEight reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project is due prior to development or net 15 days, at MarqEight’s discretion.

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