This Agreement explains the terms and conditions governing your use of the services made available to you by Mastergate, or "We". It represents the whole agreement and understanding between Mastergate and the individual, corporation or organization who subscribes to the service hereinafter called "Member" or "Members" or "You" or "you". This document is referred to as the "Agreement".
Please read this agreement completely. By submitting your account application and by your use of the service, you agree to comply with all of the terms and conditions set out in this Agreement.
2. Dedicated Servers
Mastergate offers dedicated servers to its end users. Customers may feel free to use their dedicated as they wish as long as this service agreement is respected in terms of allowed content on the servers. Customers can also request upgrades and add-ons to their dedicated server after the initial purchase was made.
Customers renting a dedicated server means, they are renting their own physical server. The whole server is dedicated to the customer and ROOT/ADMIN access is provided to the customer. The customer has full control over the server and can access it with full privileges.
3. Service Fee
All fees and charges are quoted and billed in US dollars unless otherwise noted.
Service Fees are due at the time of order or on the day of renewal. All fees must be paid in full.
Mastergate reserves the right to modify service fees and rates effective upon posting on the Mastergate website and/or on this Agreement.
4. Payment / Invoice
Mastergate uses an automated payment processing system and only accepts credit card at this time.
Mastergate may take any reasonable action to validate your credit card and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
Billing inquiries and disputes should be brought to Mastergate attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that invoice and charges are accurate.
5. Term / Termination
Cancellations for dedicated servers require a 30 days notice of cancellation. Therefore, every server disconnection occurs 30 days after the customer has sent in his server cancellation. Customer is responsible for last billing cycle which occurs during the 30 days notice. If Mastergate is in need to terminate a customer's server for breach of the terms, this customer is still entitled to follow the 30 days notice of cancellation policy.
Your Service may be terminated by Mastergate under the following circumstances (non-exclusive list):
- fees non-payment over 30 days from due date
- you are in breach of any term or condition of this Agreement
- your use of the Service disrupts Mastergate business operations or affects any other party
In such termination(s) all Customer Services are removed from Mastergate servers including data contents.
6. Customer Responsibility
When you apply to use Mastergate services, you will be asked to select a username and password.
The usename and password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the username and password you select from any unauthorized use. Mastergate will not be liable for the misuse of your username or password.
You are responsible for maintaining accurate account information at all times including credit card and contact information.
7. Prohibited Files & Materials
Mastergate does not allow the use of unsolicited commercial email, "Spam" to promote products or services. Any Customer engaging in the sending of Spam through the Mastergate network or promoting information on websites hosted by Mastergate will be considered in breach of this Agreement and Suspended from the Service immediately.
Your use of the Service must be in compliance with US laws and laws of your country at all times.
The following is a non-exclusive list of content and behavior prohibited by the Service:
- Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
- it is necessary to protect the legitimate interests of Mastergate and its customers;
- Content that has been promoted through the sending of unsolicited email (SPAM) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services and/or bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Mastergate account will result in immediate account suspension.
- Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
- Content or otherwise that exploits children under 18 years of age.
- Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
- Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
- Content that promotes mail fraud, multi-level marketing (pyramid) schemes, other illegal or fraudulent activities.
- Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Mastergate service, solution or technology.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).