Maine Hosting Solutions Limitations of Liability

1. Service Outages

  • Maine Hosting Solutions strives to provide the best service and uptime possible to our clients. As with anything, there is the potential for unforeseen outages. We will compensate for these unforeseen outages that cause services to be unavailable more than .1% of the time as calculated over any month period (99.9% uptime guarantee) by adding one month of hosting service onto your account.

2. MHS Custom Programming

  • MHS can be commissioned to program functionality into a website. Any programming that is executed by us is warranted for a period of 90 days to perform to your satisfaction as specified in the request for work performed. While testing is part of the process it is the clients responsibility to make sure the software behaves as expected. After that 90 day period of time, if the programming needs to be upgraded for security, performance, browser issues, compliance, etc. it is Customer responsibility to notify MHS and accept responsibility for compensation of additional work to be done.

3. Third Party Software

  • A client may request third party software to be installed by MHS. Depending on the scope of work involved, MHS may charge a fee for this service. This does not indicate that MHS has any responsibility for the third party software for support, updates, maintenance, etc. unless specifically stated in a written contract between the Customer and MHS.
  • MHS may also employ third party software as part of a design or programming project. In this case, MHS will warrant the third party for a period of 90 days, during that time we will perform upgrades and maintenance as requested by the client as required to keep the software up to date with no additional cost incurred. After 90 days it is the responsibility of the client to pay for any services requested.

4. Custom Configuration

  • From time to time MHS is asked to make specific configuration changes to the clients website package. These may include but are not limited to MX record changes, zone file configuration, sand-boxed ssl, etc. It is Customer responsibility to verify that changes requested perform the intended function. It is also the Customer responsibility to check the configuration from time to time to make sure that unforeseen changes or system changes do not affect their requested configuration.

5. Server Software

  • MHS has installed a number of third party softwares to enhance Customer and user experience including but not limited to cgi support, php, mySQL, perl modules, Front Page extensions, Urchin, etc. These softwares have an end of life when they become outdated due to security issues, lack of vendor support or version upgrades. MHS reserves the right to discontinue use of any of these products for any reason. MHS is not responsible for programming changes necessary to keep a Customer site functioning due to upgrades or changes in or loss of these products.

6. Responsibility

  • MHS will make every effort to accommodate Customer needs but in no case, shall Maine Hosting Solutions be held liable for loss of business, incurred costs on the part of the client or for any service or product purchased by a client or on their behalf.

7. Notifications Policy

  • Maine Hosting Solutions periodically notifies its clients of certain security warnings and updates.
  • If a notification requests client action it is the clients responsibility to heed these warnings and act accordingly to prevent any impact on their account.
  • In many cases we request that the client update software that is installed on their account, IE: WordPress and plugins, Drupal, Joomla etc…
  • If a security notification is ignored and results in support time to correct an issue there may be billable time associated with this support request.
  • In some instances a notification will NOT be sent if the impact affects less than 1% of the client base. These security updates are typically patches to server software and require no client action.

8. Limited Warranties

  • YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MAINE HOSTING SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MAINE HOSTING SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MAINE HOSTING SOLUTIONS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
  • IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MAINE HOSTING SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER, CHATBOT OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
  • THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

9. Limitations of Liability

  • IN NO EVENT SHALL MAINE HOSTING SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (REGARDLESS OF WHETHER THEY HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING).

THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, ANY DAMAGES THAT MAY RESULT FROM

  1. THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
  2. THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
  3. THE SERVICES PROVIDED ON THIS SITE (INCLUDING AVAILABLE THROUGH YOUR ACCOUNT) OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
  4. POTENTIAL LOSS OF BUSINESS, REVENUE, PROFITS, OPPORTUNITIES OR ANY OTHER BUSINESS RELATED LOSSES, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,
  5. THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER,
  6. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN,
  7. ANY LOSS OF DATA, WHETHER DUE TO HARDWARE FAILURE, SOFTWARE ISSUES, UNAUTHORIZED ACCESS, OR ANY OTHER UNFORESEEN CIRCUMSTANCES,
  8. ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
  9. ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
  10. ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR
  11. ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT MAINE HOSTING SOLUTIONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL MAINE HOSTING SOLUTIONS’ TOTAL AGGREGATE LIABILITY EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE WHICH GAVE RISE TO SUCH DAMAGES DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OCCURRED OR $1,000 USD, WHICHEVER IS LESS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
  • BY USING DARK WEB MONITOR SERVICE YOU ACKNOWLEDGE THAT THIS SERVICE SCANS PUBLICLY AVAILABLE INFORMATION AND THAT THERE IS NO GUARANTEE THAT (1) THE INFORMATION WE FIND WILL ALWAYS BE CORRECT AND (OR) UP-TO-DATE; (2) WE WILL BE ABLE TO DETECT ALL AND ANY INSTANCES WHERE YOUR PERSONAL INFORMATION MAY HAVE BEEN COMPROMISED. THE RESULTS OF THE SERVICE ARE INFORMATION ONLY AND YOU ARE SOLELY RESPONSIBLE FOR ACTIONS TAKEN OR NOT TAKEN IN RESPONSE TO DETECTED INFORMATION AND (OR) ALERTS.

* These terms may change without prior notice