MSI Group
Contract for Web Site Hosting, Colocation & Dedicated Server
The following agreement is by and between MSI Group, USA
& the client or Agent.

WHEREAS, MSI Group is an information provider connected to the Internet. MSI Group (maintrade.com, comserver.net, globalregister.net and among others ) offers storage and transfer services over the Internet through access to its Web Servers;

WHEREAS, Client or Agent seeks to utilize MSI Group's server or Network services for its own legal purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, MSI Group can make no guarantee that any given reader shall be able to access MSI Group server at any given time. MSI Group represents that it shall make every good faith effort to ensure that its server & network is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows.

1- Material and Products:

Client will provide MSI Group with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of MSI Group. MSI Group shall make no effort to validate this information for content, correctness or usability. MSI Group will exercise no control whatsoever over the content of the information passing through the network. MSI Group makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. MSI Group also disclaims any warranty of merchant-ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of MSI Group is at the Client's own risk, and MSI Group specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. MSI Group expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. MSI Group specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", MSI Group may, at its option and at any time, reject this material, including but not limited to after it has been put on MSI Group's Server or Network. MSI Group agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of MSI Group. If the Client fails to modify the material, as directed by MSI Group, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated

2- Trademarks & Copyrights:

Client warrants that it has the right to use the applicable trademarks, if any, and grants MSI Group the right to use such trademarks in connection with MSI Group Server service.

3- Colocation Server Hardware, Equipment & Software:

If this is the customer's hardware sent for colocation, the customer is responsible for and must provide all telephone, computer, hardware and software equipment for his/her colocation equipment. MSI Group makes no representations, warranties or assurances that the Customer's equipment will be compatible with the MSI Group service.
MSI group can at its own discretion relocate and/or move the servers to any place or location to improve network accessbility, security, performance or for any other reasons

4- Age:

The Customer certifies that he or she is at least 18 years of age

5- Financial Arrangements:

Dedicated Server client agrees to a minimum of 1 year contract, beginning upon MSI Group receipt by fax, mail, or electronic mail. Submission by electronic mail is consent to all terms herein. Minimum of 1 month's payment plus one time setup charges, if any, shall be due upon receipt of contract. Once an account has been set up, there will be no refund for setup charges.
Account set up means set up of a web server, and has nothing to do with the status of the Internic registration if applicable or your usage. The dedicated server agreement will automatically renew for successive months or 1 year period depending on your payment unless canceled in writing 30 days prior to the renewal date. Client will receive a final Invoice via e-mail for charges and payment is due upon receipt. Renewal prices are subject to change and if the monthly payment has not been received on or before the due date, the server will be automatically disconnected from our Networks and recativation Fee may apply.

Provider reserves the right, in its sole discretion, to deactivate the Client's account(s) upon an indication of credit problems including delinquent payments.

6- Taxes:

MSI Group shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or MSI Group server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

7- Internet Etiquette:

Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of MSI Group may not be used to impersonate another person or misrepresent authorization to act on behalf of others or MSI Group. All messages transmitted via MSI Group should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. Client will use the Web Hosting services in a manner consistent with any and all applicable laws of the State of Pennsylvania and the US Federal Government.

8- Termination and Refund:

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, MSI Group may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.

9- Limited Liability:

Client expressly agrees that use of MSI Group's Server or Network is at Client's sole risk. Neither MSI Group, its employees, vendors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that MSI Group's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the MSI Group Server service, unless otherwise expressly stated in this Agreement. Under no circumstances, including negligence, shall MSI Group, its offices, agents or any one else involved in creating, producing or distributing MSI Group's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the MSI Group Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to MSI Group's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on MSI Group's Server service. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.

10- Lawful Purpose:

Client may only use MSI Group's Server for lawful purpose. Transmission of any material in violation of any International, Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, neo-Nazi Propaganda, child pornographic, profane, or material protected by trade secrets. MSI Group strongly encourages you to choose carefully what you place on the server for distribution over the Internet. All violators will be prosecuted by the Authorities to the fullest extent of the law.

11- Indemnification:

Client agrees that it shall defend, indemnify, save and hold MSI Group harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against MSI Group, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless MSI Group against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with MSI Group's Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on MSI Group Server.

Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law. This activity on any account will result in the immediate termination of an account without notice and without refund!

12-Spamming/Mailbombing/Trolling Restrictions/Mailing Lists

Unsolicited, commercial mass e-mailing (known as "spamming") is a strongly disfavored practice among Internet users and service providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward us, but also because it can overload our equipment and disrupt service to our customers.

Spamming is the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to. Using fictitious e-mail addresses from any domain name hosted on MSI Group Network is strictly forbidden. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. A violation of this policy extends to clients who send unsolicited e-mail from a domain name not affiliated or hosted with MSI Group but the mail message makes mention of a website hosted with MSI Group.

MSI Group allows clients to send mailings to subscribers of their own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honored immediately. Client agrees not to send mailings to lists provided by an outside agency or individual. Client further agrees not to provide mailing list services to others. Due to the nature of a shared-server environment, MSI Group requests that mailing lists be sent during non-peak hours, specifically between the hours of 1:00 am and 5:00 am, Eastern Time. MSI Group reserves the right to terminate a client's mailing program, whether provided by MSI Group or not, immediately and without notification to client if said list causes a problem with the e-mail services of other clients.MSI Group also reserves the right to forbid a client from utilizing any mail-sending program that jeopardizes the mail services of other clients.

Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mailbombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden.MSI Group reserves the right to determine what constitutes abuse of this policy. Clients whose accounts are found in violation of this policy may, at the discretion of MSI Group, have their account(s) terminated without notice and are subject to a maximum $500 US Dollars clean-up/disconnection fee.

13- Law

This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties. This Agreement shall be governed and construed in accordance with the laws of the State of Pennsylvania.

14- Late Charges: A late (reconnection) charge of $30.00 will be applied after 7 days from the due date. If payment is not received by Provider within 7 days of the due date, Provider has the option of terminating the client's account and file with collection Agency. The Client is responsible to carry all expenses including court costs.

15- Data Backup and Support

While Provider shall make every reasonable effort to protect data stored on Shared servers, Provider is not responsible for Client's data, files, or directories residing on Provider's equipment. Client is solely responsible for maintaining his/her own data, file, and directory structure back-ups unless special prior arrangements have been made with MSI Group. MSI Group is not responsible to backup data from colocation and dedicated Servers. Special arrangement has to be made with MSI Group for such service. All technical support is provided online on our webiste or via emails only. All customers are required to report technical problems by filling up the online problem report form found on our website. Customers of dedicated server are required to adminster their servers themselves. If reboot service is required, a problem report form has to be filled up which is found under "FAQ" on our website. All other technical support for dedicated servers are subject to extra charges depending on the magnitude of the service provided.


16-Illegal/Unauthorized Access

The illegal or unauthorized access (often known as "hacking") of computers or networks carries potential civil and criminal penalties under both federal laws and international law. This activity including any Shell service activity on any account will result in the immediate termination of an account without notice and without refund!

17-Electronic Mail

. MSI Group may, but is not obligated to, block any incoming or outgoing e-mail message that MSI Group determines, in its sole discretion, is unsolicited or otherwise violates the then-current Acceptable Use Policy. MSI Group shall not be responsible for lost, misdirected or undeliverable e-mail If you are not completely satisfied with our services within 30 days period, you will be given a full refund of the contract amount excluding setup fees and overages. Refunds are not given on hosting accounts that are suspended, revoked or cancelled due to a violation of our Accepted Use Policies.

18-Dedicated Servers

The client would be fully responsible to administer the server. The Client must use only SSH for shell access functions. Free SSH can be downloaded from www.vandyke.com. The client implement all necessary security options and precautions to safeguard any hostile network attacks. Any server participating on hack or attack will be disconnected from the Network ! Eggdrops and any port scan softwares are not permitted due to security problems. Any server which provides or intends to proivide shell accounts or eggdrops should contact support@maintrade.com for proper arrangements otherwise he or she will be disconnected from our Networks with no refunds.

19- Prices & Terms

MSI group is entitled to changes prices, terms and conditions according to market situations at anytime. Shared Webhosting and domain registration prices are based on a yearly payment basis.

20- Domain Names/Hosting

MSI can register domain names for the client and MSI Group will oversee all Domain Registration forms to ensure they are Correct. MSI Group is not responsible for monitoring, maintaining, or payment of your Domain Name with Internic in any manner. Generally, if the client paid for the Domain Name, the client is the owner of the Domain name. A Domain name or hosting service can only be canceled or transferred by the original owner and cancellation and processing Fees may apply. Domain names are registered for a minimum of 1 year along with webhosting service in advance and any cancellation effort should understand that a processing fee equal to 60 days will be charged.
Before sending cancellation, we recommend to discuss the matter with MSI Group, otherwise the website can be disconnected immediately and cause the client more trouble.

21-Virtual Webhosting & Traffic

All Clients of shared webhosting are limited to a the webspace they have paid for. If a client exceeds the webspace allocated, there will be a charge of $1 per month per 1 MB. To avoid this charge, increase your webspace the cheapest way by submitting an order form. Standard Virtual websites are  entitled to no limit bandwidth, however this does not include erotic or pornographic sites and other similar high traffic sites. Any website found  abusing Network resources will be disconnected from our networks. We recommend dedicated servers for such sites.

22-Disclaimer

While every effort is made to ensure that all the information on this site is updated and correct, MSI Group cannot be held responsible for any loss, direct or indirect, resulting from use of this information.