Please Review my Terms of Service

AmpedHosts Active Member

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#1

I need a professional to read over this and let me know if there is any loop holes or anything. The type of Terms of Service this is for is a site that I'm building for people to use/rent the software from me and use it on my server at a sub-domain name that I provide.

[FONT=&quot]The following Terms of Service, Acceptable Use Policy and accompanying policies (collectively the "TOS", â€œcontractâ€ or the "Agreement") constitute a binding, legal agreement between MPS the "Company", â€œusâ€, â€œMPSâ€, â€œourâ€ or "we") and the customer (the "Customer" or "you") which shall govern the terms and conditions of services provided by â€œMPSâ€. â€œMPSâ€ agrees to provide Web-Based Software to the Customer in accordance with the terms and conditions set forth in the Agreement. By using any of the software offered on WEBSITE, the buyer agrees to follow all information stated below. [/FONT]
[FONT=&quot]Table of contents[/FONT]
[FONT=&quot]1. [/FONT][FONT=&quot]Usage of the Software[/FONT]
[FONT=&quot]2. [/FONT][FONT=&quot]Billing & Payments[/FONT]
[FONT=&quot]3. [/FONT][FONT=&quot]Cancellations & Termination[/FONT]
[FONT=&quot]4. [/FONT][FONT=&quot]Miscellaneous Conditions[/FONT]

[FONT=&quot]1.) Usage of the software[/FONT]
[FONT=&quot]1.1 [/FONT][FONT=&quot]MPS is an online web-based Client & Project Management software which can be sold to any human entity willing to pay and purchase the software from us only. [/FONT]
[FONT=&quot]1.2 [/FONT][FONT=&quot]By ordering using the software â€œMPSâ€, you agree to rent the software from us on a month to month basis. This month-to-month basis can be cancelled or terminated at any time.[/FONT]
[FONT=&quot]1.3 [/FONT][FONT=&quot]You must enter your real and full name when purchasing. Also must include all other information including email addresses and other collective information required. [/FONT]
[FONT=&quot]1.4 [/FONT][FONT=&quot]Only the account holder is allowed to use his/her account. Do not share or give out your account login for others to use. This login cannot be shared by multiple people. [/FONT]
[FONT=&quot]1.5 [/FONT][FONT=&quot]This software can be sold and used by any human being that has paid or is using the demo to try and test the software features. Using the demo, or the software, you cannot do the following; try to â€œhackâ€, enter the server administrative setup, gain access, upload any exploiting material or anything other than use the software for its designated purposes. The signup and billing of this script is not to be used by â€œbotsâ€ or any other automated process not provided by MPS.[/FONT]
[FONT=&quot]1.6 [/FONT][FONT=&quot]By using the software, you agree and understand that we are hosting the software on our servers, you do not actually get the files for download and use to your discretion. (See Benefits Here) [/FONT]
[FONT=&quot]1.7 [/FONT][FONT=&quot]You may use the software to its designed needs and everything offered in its Admin and Client interfaces. However, you may not alter, change, or delete any of the software files that we provide to you for the software to run. [/FONT]
[FONT=&quot]1.8 [/FONT][FONT=&quot]All files and information should be legal. Nothing uploaded or posted, is to break any United States Federal Laws, or the Laws of the state of Iowa.[/FONT]
[FONT=&quot]1.9 [/FONT][FONT=&quot]The use of the software and/or services is provided â€œas isâ€ and â€œas availableâ€ [/FONT]
[FONT=&quot]1.10 [/FONT][FONT=&quot]You are solely responsible for the security of your Admin Password and passwords used throughout the script. The content posted and liability including damage and loss of information is all your responsibility. (This also includes any clients, and staff you have using the software)[/FONT]

[FONT=&quot]2.) Billing & Payments[/FONT]
[FONT=&quot]2.4 [/FONT][FONT=&quot]All billing and payments are set forth when you purchase our software. When purchasing, you may choose which plan or project-plan that fits you or your company best. This initial price you pay is recurring monthly. MPS has the right to raise price of the software given 1 month notice to all users. [/FONT]
[FONT=&quot]2.5 [/FONT][FONT=&quot]If you cancel your payment and decide to purchase at a later date you agree to pay the new price, should it change. [/FONT]
[FONT=&quot]2.6 [/FONT][FONT=&quot]Upgrades. [/FONT][FONT=&quot]At any time, you can choose to upgrade to another plan. When you choose to make the upgrade, the difference between the â€œcurrent planâ€ you are on and the â€œupgrade planâ€ will need to be paid before the upgrade process will commence. You will need to contact us and let us know which plan you would like to be upgraded to. All Upgrades can take up to 48 hours to complete (usually less).[/FONT]
[FONT=&quot]2.7 [/FONT][FONT=&quot]Downgrades.[/FONT][FONT=&quot] If you are on a â€œcurrent planâ€ and wish to downgrade to a â€œdowngrade planâ€ you can submit this request by contacting us and letting us know which plan you wish to downgrade to. This request shall be completed no later than 48 hours after youâ€™ve submitted this request. The new total of your recurring payment will shown on your next payment invoice.[/FONT]
[FONT=&quot]2.8 [/FONT][FONT=&quot]Refunds. [/FONT][FONT=&quot]MPS offers a 10 day refund policy. You may use our services for the first 10 days, and if you are not satisfied you can contact us and request a refund in full of the money youâ€™ve paid. The day of purchase on (central US time) will be considered day 1. All refunds must be submitted on day ten, no later than 11:59 PM (Central US Time)[/FONT]

[FONT=&quot]3.) Cancellation & Termination[/FONT]
[FONT=&quot]3.1 [/FONT][FONT=&quot]Cancellations.[/FONT][FONT=&quot] All cancellations of any of our plans and products can be performed by email us at [/FONT][FONT=&quot] Please include the following in the title of the email: [CANCELLATION] (your-sub-domain-name).1234234.com. We will check that the sending email and the sign up email are the same. Any cancellation requests sent by an email not registered to the account will be discarded and there will be no changes on the account. Once we have collected this email (usually within 24-48 hours) and have confirmed ownership of the account. We will terminate all files and information stored for your software on our servers. Once terminated, these files cannot be replaced or reused and all recurring payments will cease. [/FONT]
[FONT=&quot]3.2 [/FONT][FONT=&quot]Termination. [/FONT][FONT=&quot]MPS has the right to terminate any account for any reason.If we terminate your we will refuse service to you, block all known IPâ€™s on your account, and depending on the reasoning of the termination we will turn you over to appropriate law enforcement agencies if reasoning is severe enough. Upon termination. All of your payment invoices will cease to be billed and you will no longer be expected to pay. [/FONT]

[FONT=&quot]4.) Miscellaneous Conditions[/FONT]
[FONT=&quot]4.1 [/FONT][FONT=&quot]By using or viewing the Software (including demo), you agree not to copy, redistribute, duplicate or sell any of informationâ€™s or services provided. This includes but not limited to the following; images, files, css, php, html or any digital information developed for the software to be used.[/FONT]
[FONT=&quot]4.2 [/FONT][FONT=&quot]You understand that MPS is not reliable If there happens to be a server related failure or server intrusion, we are not responsible for any data-lose, though we strive to make this inevitable, nothing is 100% safe. Doing so we encourage you to keep hard copies of records used. [/FONT]
[FONT=&quot]4.3 [/FONT][FONT=&quot]We reserve the right to remove all accounts containing illegal or malicious information or files. We also reserve the right to remove accounts to any discrepancy we please. [/FONT]
[FONT=&quot]4.4 [/FONT][FONT=&quot]We reserve the right to remove all accounts containing abusive, aggressive, and degrading information against MPS or any other human entity. This includes written, physical or verbal accusations or doings.[/FONT]
[FONT=&quot]4.5 [/FONT][FONT=&quot]MPS does not promise; an un-interrupted service, error-free software environment, a specific response time to support or sales. We strive to make the best for our customers to make as little errors as possible.[/FONT]
[FONT=&quot]4.6 [/FONT][FONT=&quot]MPS will not release any private information you give to us. However if a court order requests information we are obligated to release it. [/FONT]
[FONT=&quot]4.7 [/FONT][FONT=&quot]MPS can make any changes at any time to this agreement. [/FONT]
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AmpedHosts, Jun 21, 2010 IP

Laora Peon

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#2

AmpedHosts said: ↑

I need a professional to read over this and let me know if there is any loop holes or anything. The type of Terms of Service this is for is a site that I'm building for people to use/rent the software from me and use it on my server at a sub-domain name that I provide.
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u can go ahead with this my friend

Laora, Nov 2, 2011 IP

mjewel Prominent Member

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#3

Laora said: ↑

u can go ahead with this my friend
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Why do you keep replying to threads that are several years old?

mjewel, Nov 2, 2011 IP

Fuzzy Chimp Media Peon

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#4

mjewel said: ↑

Why do you keep replying to threads that are several years old?
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im guessing its someone trying to knock up their post count.

Fuzzy Chimp Media, Nov 3, 2011 IP

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Please Review my Terms of Service

AmpedHosts Active Member

Laora Peon

mjewel Prominent Member

Fuzzy Chimp Media Peon

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