This service agreement has been created to provide you with a complete and comprehensive set of policies that bind us as the service provider, and you, our customer.

Terms of Service

1. This service agreement is between 4th Mind Communications Technology LLC (hereinafter "4th Mind", "Company", "we", "us", or "our") and you, our customer (hereinafter "you", "your", "Client", or "Customer").
2. This agreement supercedes any previous or other agreement you may have with 4th Mind only in such areas as it applies, unless said agreement states otherwise.
3. 4th Mind, as your web hosting and/or dedicated server hosting service provider, will provide Client with a shared web hosting or dedicated server hosting solution as pertains to your selected package or plan. For all accounts, with the exceptions of plans not offering such services, we will, at the very least, provide you with the selected amount of server or disk space, bandwidth, and any other "included" services indicated by us to be part of your package or plan. As your hosting provider, we will make available various services, software, and systems for maintaining your website, as indicated on your website or by our descriptions of your hosting package or plan.
4. Upon payment for or initial use of the any services provided by 4th Mind, you indicate your agreement to the following terms and conditions, as outlined below.
5. 4th Mind requires you keep your customer information, including but not limited to, all contact information, as listed on the account signup form, or submitted with your request or agreement for services, as complete and accurate. You must be a valid representative of the entity or organization listed, if listed, on the Company signup form.
6. Use of 4th Mind services requires that you are at least 18 years old.
7. This agreement supercedes any other oral agreement between 4th Mind, or any party thereof, unless said agreement is also written and clearly states that said agreement co-exists with, or supercedes, this agreement.
8. Any of the terms, prices, services, or specifications offered by 4th Mind can be modified or updated with prior online or email notification.

Customer Responsibility

1. You are responsible for uploading website files and/or providing and setting up any web site content. We are not responsible for for modifying, updating, uploading, or maintaining website materials, unless by prior written agreement we have stated such responsibilities. Examples of our agreeing to such responsibilities include, but are not limited to, an agreement for web design and/or development services, re-writing content for web users services, and paid website updates per customer request service.
2. You are responsible for the content of any posting, data or transmissions. This responsibility is extended to any individuals or entities given access to by the customer. This responsibility also extends to submissions and/or postings to any guestbooks, forums, discussions lists, or any other form of web page content in which another party might submit content that will appear on your webite.
3. While 4th Mind will assist you in any way reasonable, we are not responsible for ensuring your domain name is transferred to our servers. Customer is responsible for making any name server changes and ensuring that the transfer is completed correctly and successfully.
4. You are responsible for keeping your contact information with us up to date at all times. Any changes to your contact information must be made using your account control panel as instructed in the welcome message you received when initiating your account. If you do not remember how to access you control panel, and cannot find said message from us, it is your responsibility to contact 4th Mind immediately at info@4thmind.com to request we re-send that information to you. Upon receipt of said information, it is your responsibility to update your contact information in our systems, as indicated above, within 24 hours. It is your responsibility to ensure that we are able to notify the customer for technical, billing, service, or other issues or purposes we deem necessary for maintaining your account.
5. You are responsible for bandwidth utilization, and monitoring bandwidth use to ensure your website does not exceed the bandwidth allocated for your account(s). You, as our customer, hereby acknowledge that, while 4th Mind will use its best efforts to notify you when you are at or near your bandwidth utilization limit, it is a service, and not a requirement on our part. Customer will, however, agree to ensure a valid email address on file with 4th Mind. 4th Mind does not take responsibility for emails not received by you pertaining to bandwidth utilization.

Lawful Purpose

1. 4th mind reserves the right to refuse service to anyone in violation of our Acceptable Use Policy (AUP) or anyone using our networks or servers for unlawful purposes.
2. Customer agrees to abide by all terms outlined in our AUP. Any violation of those terms will result in actions outlined in our AUP.
3. Customer accepts liability resulting from any breach of our AUP.
4. Customer is responsible for making their end-users, or any other party which access their services, aware of all policies of 4th Mind, and is responsible for any breach of said policies by any of their end-users or other parties to which they have allowed access to said services, as outlined in our AUP.

Payment Policies

1. Accounts will not be activated or reactivated without prior payment.
2. All hosting, dedicated server fees, and domain name renewal or transfer fees are due on or before the day of renewing account and/or domain name.
3. Technical or other requested support services will not be implemented until payment for said services has been secured.
4. Incomplete signup information can result in an account not being activated. Some accounts may be placed on "pending" status for up to 72 hours for our review and any necessary confirmation of information received, and approval or denial of account.
5. We reserve the right to modify any billing prices subject to written notice via email or through a posting on our website.
6. 4th Mind will not be held responsible for any losses or expenses experienced by the customer, due to actions taken by the company in response to customer non-payment.

Credit Card Payments

1. 4th Mind can only receive credit card payments using MasterCard, Visa, American Express, or Discover cards.
2. 4th Mind has the authority and right to charge for services requests, pending hosting, dedicated server, or domain name submission, renewal, or transfer, using the credit card information provided by you for charging on your account.
3. By purchasing our hosting or dedicated server services you are agreeing to allow 4th Mind to place your account on a recurring payment plan, per the cycle (month, year, or otherwise) indicated on your account. Upon your receipt of our emailed invoice, unless you indicate that you would like to cancel the account, change billing arrangements, or stop charges by agreeable means approved by 4th Mind, the account will automatically be re-billed according to the information on said invoice. (See Cancellation policy for details on how to cancel your account.)
4. Hosting and dedicated server invoices will be sent out 5 (five) days before the payment is due. Unless you indicate otherwise within 5 (five) days of our sending the invoice, charges will automatically be placed on your account.
5. Domain renewal invoices will be sent to you 30 days before the domain is due to expire. Unless you indicate otherwise within 15 (fifteen) days, we will automatically renew your domain registration, and the corresponding charges, as listed on our website, will be placed on your account, and will be due immediately.
6. If you request a new service, whether through our account management systems, your account or website control panel, by email, phone, or otherwise, you will be asked to enter a credit card number. FOR YOUR PROTECTION, WE DO NOT RETAIN YOUR CREDIT CARD NUMBER IN OUR ONLINE SYSTEM! We do have a "recurring payment" system arranged with our credit card processing service which will charge monthly amounts for set services, but this service will only accomodate recurring fees that are the same each and every month. If you request a new service, or a modification to your existing service that changes the amount you will be billed, you may be asked for your credit card information when a new charge or change to a recuring charge is incurred. New additions to your service, stand-alone services, or accounts are subject to our being able to successfully charge your credit card. If we are not able to successfully charge your credit card, you may be denied service or account, or in the instance where we have activated service(s) prior to charging your credit card, said service(s) may be disabled or removed until we are able to collect the required funds.
7. If you have one, or multiple, service(s) with us, and we are unable to collect payments due us for any one or more of said services, we reserve the right to suspend or disable any or all service(s) on your account until your account is brought current and/or the payment issue is resolved, whether by payment in full, or other payment arrangements are made and approved by authorized 4th Mind personnel. This will likely result in you (and others) not being able to access your website! We recommend you take appropriate precautions not to let this happen!
8. If we are unable to charge your credit card, or otherwise collect payment, for any domain renewal on your account by your renewal date, the domain will be allowed to expire and your account will be suspended. This will result in you (and others) not being able to access your website! We recommend you take appropriate precautions not to let this happen!
9. If an account remains suspended, or service disabled, for more than 30 days, 4th Mind has the right to automatically delete your account and all files related to it from our systems. When an account is deleted in this manner, all files, website files or otherwise, are permanently removed from our systed, and will henceforth be irretrievable. You are solely responsible for backing up any files you with to keep prior to deletion or suspension.
10. If an account has been suspended, or service disabled, for reasons of non-payment, said account and/or service will not be reactivated until all past due amounts, late fees, and reactivation fees incurred are payed in full.
11. If we refund any charges, payments, or fees, due to your disputing said charges, payments, or fees, with your Credit Card Company or Bank (such as a charge-back, or stop payment), your account will be suspended, and will only be reactivated once we recieve payment in full for all disputed/refunded fees plus any administrative fees incurred by us resulting from your dispute, charge-back, stop-payment, or refund. If you have registered a domain name with us, and submit a charge-back or stop-payment, 4th Mind will take and have ownership of said domain name.

Domain Names

1. Once a domain name has bee registered, transferred, or renewed with 4th Mind, no refunds will be given for said domain name registration, transfer, or renewal.
2. You will have full ownership, and rights thereof, for any domain registerd, transfered, or renewed through 4th Mind, where all fees associated therewith have been paid in full.
3. No domain name will be registered, transfered, or renewed without prior payment of appropriate fees, as posted on our website.
4. Once a domain has expired, you may request us, at additional fees, to attempt to reclaim said domain. This is not a guarantee of success, but a service we offer that may be able to secure the expired domain faster than you might be able to do it yourself. If we are successful, the reactivation process is usually completed within four (4) days.
5. 4th Mind is not responsible for maintaining the registrant information for domain names registered through our system. The domain owner has the ability and responsability to update and keep current all domain and related contact information using our client administration panel.
6. 4th Mind is not responsible, nor liable, for any domain disputes that may arise over changed registrant information for a domain name.
7. 4th Mind is not responsible for resolving, or assisting to resolve, any domain disputes. All issues regarding domain disputes must be resolved by the parties involved, according to the legal bounds of ICANN(Internet Corporation for Assigned Names and Numbers), the governing party for all domain names. 4th Mind will not act as arbitrator, but will honor any decision(s) determind by ICANN.

Account Ownership and Access

1. Ownership of any account with us is determined by the individual or company listed in our database or records as the person or company paying for the account. Further, if the account is paid by credit card, or check, owner shall be the individual or company listed as the credit card holder, or bank account owner.
2. 4th Mind will only disperse account login, whether by email, postal service, fax, or email, if we are able to verify the login for the account, or some other identifying information from the account (such as the last four digits of the credit card used to pay the account, or the bank account number if paid by check, or any other information an authorized 4th Mind representative deems valid and appropriate).
3. You may modify your credit card card or email information with us by phone, provided we are able to verify your identity or authority using the above method.
4. 4th Mind is not liable for any account disputes that may arise as a result of changes or additions requested from parties who have information enough to cause us to believe they are persons authorized to make such requests.