Terms of Service

1. Acceptance of Terms

1.1 Agreement to Terms

By accessing or using Mainstream.net services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our services.

1.2 Changes to Terms

We reserve the right to modify these terms at any time. We will notify you of material changes via email and by posting a notice on our website. Your continued use of services after changes constitutes acceptance of the modified terms.

1.3 Eligibility

You must be at least 18 years old and have the authority to enter into these terms on behalf of your organization. By agreeing to these terms, you represent that you have such authority.

2. Description of Services

2.1 Managed Cybersecurity Services

Mainstream Technology Group provides managed cybersecurity, IT infrastructure management, compliance consulting, and related services. Services are delivered according to the service tier selected by the client.

2.2 Service Tiers

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our services at any time with reasonable notice. We will not be liable for any modification, suspension, or discontinuation of services.

3. Account Registration and Security

3.1 Account Information

You must provide accurate, current, and complete information during registration. You are responsible for maintaining the accuracy of your account information and must update it promptly when changes occur.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must:

• Use strong, unique passwords
• Enable multi-factor authentication when available
• Not share your credentials with unauthorized parties
• Notify us immediately of any unauthorized access or security breach

3.3 Account Termination

We reserve the right to suspend or terminate your account if we detect unauthorized use, violation of these terms, or activities that may harm our systems or other clients.

4. Service Level Agreements (SLAs)

4.1 Response Time SLAs

4.2 System Uptime

We guarantee 99.9% uptime for our monitoring and security services, measured monthly. Scheduled maintenance windows (announced 7 days in advance) are excluded from uptime calculations.

4.3 SLA Credits

If we fail to meet our SLA commitments, you may be eligible for service credits:

• Uptime 99.0% - 99.8%: 10% monthly service credit
• Uptime 98.0% - 98.9%: 25% monthly service credit
• Uptime below 98.0%: 50% monthly service credit

To request an SLA credit, contact us within 30 days of the incident with documentation of the service failure.

4.4 SLA Exclusions

SLAs do not apply to service interruptions caused by:

• Factors beyond our reasonable control (force majeure events)
• Client's equipment, network, or software failures
• Scheduled maintenance with proper notice
• Actions or inactions of the client or third parties
• Suspension of services due to terms violations

5. Client Responsibilities

5.1 Cooperation

You agree to provide reasonable cooperation and timely information necessary for us to deliver services effectively. This includes providing access to systems, responding to security alerts, and implementing recommended security measures.

5.2 Acceptable Use

You must use our services in compliance with all applicable laws and regulations and our Acceptable Use Policy. You may not use our services to:

• Engage in illegal activities or violate any laws
• Transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to systems or networks
• Interfere with or disrupt our services or servers
• Send spam, unsolicited communications, or phishing attempts
• Violate intellectual property rights of others

5.3 System Requirements

You are responsible for maintaining systems that meet minimum requirements for our services, including:

• Supported operating systems and software versions
• Adequate hardware resources (CPU, memory, storage)
• Network connectivity and bandwidth
• Timely application of critical security patches (with our guidance)

5.4 Data Backups

While we implement robust backup systems for managed services, you remain responsible for maintaining independent backups of critical data. We are not liable for data loss resulting from system failures, security incidents, or other events.

6. Payment Terms

6.1 Subscription Billing

Monthly subscription fees are billed in advance on the first day of each month. Annual subscriptions (with 10% discount) are billed annually in advance. All fees are non-refundable except as required by law or specified in these terms.

6.2 Payment Methods

We accept payment via credit card, ACH transfer, or wire transfer. You authorize us to charge your payment method for all fees incurred under your account. You must maintain valid payment information on file.

6.3 Project-Based Services

For project-based services (security assessments, penetration testing, compliance audits), payment terms are Net 15 from invoice date. Invoices are sent upon project completion or according to milestone schedule agreed in the Statement of Work.

6.4 Late Payments

Late payments are subject to a 1.5% monthly finance charge (18% APR) or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services for accounts more than 15 days past due.

6.5 Fee Changes

We may change subscription fees with 30 days' advance notice. Fee increases will not apply to existing annual subscriptions until renewal. Your continued use of services after fee changes constitutes acceptance.

6.6 Taxes

Fees do not include applicable federal, state, local, or foreign taxes. You are responsible for all taxes except those based on our net income. If we are required to collect taxes, they will be added to your invoice.

7. Intellectual Property

7.1 Our Intellectual Property

All content, software, tools, methodologies, and materials provided through our services remain our exclusive property or the property of our licensors. You receive a limited, non-exclusive, non-transferable license to use our services during the subscription term.

7.2 Your Data

You retain all rights to data you provide to us ("Client Data"). You grant us a limited license to use Client Data solely for providing services, improving service quality, and complying with legal obligations. We will not use Client Data for marketing or share it with third parties except as described in our Privacy Policy.

7.3 Deliverables

You own all custom deliverables created specifically for you (reports, security documentation, policies). We retain ownership of underlying tools, templates, and methodologies used to create deliverables.

7.4 Feedback

If you provide feedback, suggestions, or ideas about our services, you grant us an unrestricted, perpetual license to use this feedback without compensation or attribution.

8. Confidentiality

8.1 Confidential Information

"Confidential Information" means non-public information disclosed by either party that is marked as confidential or should reasonably be understood to be confidential. This includes technical data, business information, security vulnerabilities, and Client Data.

8.2 Protection Obligations

Each party agrees to:

• Protect Confidential Information using at least the same care as for its own confidential information
• Not disclose Confidential Information to third parties without written consent
• Use Confidential Information only for purposes related to the services
• Limit access to employees and contractors with a legitimate need to know

8.3 Exclusions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach of these terms
• Was known before disclosure without confidentiality restrictions
• Is independently developed without use of Confidential Information
• Is rightfully received from a third party without restrictions
• Must be disclosed pursuant to law or court order (with prompt notice when legally permitted)

8.4 Duration

Confidentiality obligations survive termination of these terms for three (3) years, except that obligations related to trade secrets continue for as long as the information remains a trade secret.

9. Warranties and Disclaimers

9.1 Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• We have the right to provide the services
• Services will materially conform to documentation provided
• We will comply with applicable laws in delivering services

9.2 Your Warranties

You warrant that:

• You have authority to enter into these terms
• Your use of services will comply with applicable laws
• Client Data does not violate third-party rights
• Information provided to us is accurate and complete

9.3 Disclaimers

10. Limitation of Liability

10.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR USE
• BUSINESS INTERRUPTION
• COST OF SUBSTITUTE SERVICES
• LOSS OF GOODWILL OR REPUTATION

These limitations apply even if we have been advised of the possibility of such damages and regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise).

10.2 Cap on Total Liability

Our total aggregate liability for all claims arising from or related to these terms or services, whether in contract, tort, or otherwise, will not exceed the greater of:

• The amount you paid us in the 12 months before the claim arose, or
• $1,000

10.3 Exceptions

The limitations in this section do not apply to:

• Our gross negligence or willful misconduct
• Violations of intellectual property rights
• Breaches of confidentiality obligations
• Your payment obligations
• Claims that cannot be limited by law

10.4 Third-Party Services

We are not liable for any third-party services, products, or content. Your use of third-party services is governed by their terms and conditions.

11. Indemnification

11.1 Your Indemnification

You agree to indemnify, defend, and hold harmless Mainstream Technology Group, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of services or violation of these terms
• Your violation of any law or regulation
• Your violation of third-party rights, including intellectual property rights
• Client Data or content you provide
• Unauthorized access to your account due to your failure to secure credentials

11.2 Our Indemnification

We will indemnify you from third-party claims that our services infringe a third party's intellectual property rights, provided you:

• Promptly notify us in writing of the claim
• Give us sole control of the defense and settlement
• Provide reasonable cooperation in the defense

This indemnification does not apply to claims arising from: (a) your modification of services, (b) use of services in combination with non-approved products, (c) use of outdated service versions, or (d) Client Data.

11.3 Exclusive Remedy

This Section 11 states the parties' sole and exclusive remedy for third-party intellectual property infringement claims.

12. Termination

12.1 Termination by You

You may terminate your subscription at any time by providing 30 days' written notice. Termination is effective at the end of the then-current billing period. You remain responsible for fees through the end of that period. No refunds are provided for early termination of annual subscriptions.

12.2 Termination by Us

We may terminate or suspend your account immediately if:

• You breach these terms and fail to cure within 15 days of notice
• Your account is more than 30 days past due
• You engage in fraudulent, illegal, or harmful activities
• Continuing to provide services would violate law or expose us to liability
• You violate our Acceptable Use Policy

12.3 Effect of Termination

Upon termination:

• Your access to services will cease
• You must pay all outstanding fees
• We will provide a 30-day data retrieval period (unless termination was for cause)
• After 30 days, we may delete Client Data from our systems
• Sections that by their nature should survive will remain in effect

12.4 Survival

The following sections survive termination: Payment Terms, Intellectual Property, Confidentiality, Warranties and Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at (603) 285-9680 x5050 to seek an informal resolution. We commit to working in good faith to resolve disputes through direct discussion.

13.2 Binding Arbitration

If informal resolution fails, you agree that any dispute arising from or relating to these terms or services will be resolved through binding arbitration rather than in court, except as provided in Section 13.4.

Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be held in New Hampshire or remotely via videoconference. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

13.4 Exceptions to Arbitration

Either party may bring a lawsuit in court for:

• Intellectual property disputes (copyright, trademark, patent, trade secret)
• Small claims court actions (if eligible under local rules)
• Injunctive relief for breach of confidentiality or intellectual property

13.5 Governing Law

These terms are governed by the laws of the State of New Hampshire, without regard to its conflict of law provisions. Any litigation permitted under these terms will be conducted exclusively in state or federal courts located in New Hampshire, and you consent to personal jurisdiction in those courts.

13.6 Arbitration Costs

Each party is responsible for its own attorneys' fees and costs, unless the arbitrator awards fees to the prevailing party. We will pay AAA filing fees and arbitrator's fees for claims under $10,000, unless the arbitrator finds the claim frivolous.

14. Miscellaneous

14.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any applicable Statements of Work, constitute the entire agreement between you and Mainstream Technology Group regarding services and supersede all prior agreements.

14.2 Assignment

You may not assign or transfer these terms or your rights under them without our prior written consent. We may assign these terms without restriction. Any attempted assignment in violation of this section is void.

14.3 Severability

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14.4 Waiver

Our failure to enforce any right or provision of these terms will not be deemed a waiver of such right or provision. Waivers must be in writing and signed by an authorized representative.

14.5 Force Majeure

Neither party will be liable for failure to perform obligations due to causes beyond its reasonable control, including natural disasters, war, terrorism, riots, labor disputes, government actions, internet failures, or other force majeure events. Performance is excused only for the duration of the event.

14.6 Notices

Notices to you may be sent to the email address associated with your account and are deemed received 24 hours after sending. Notices to us must be sent to:

14.7 Independent Contractors

The parties are independent contractors. These terms do not create a partnership, joint venture, agency, or employment relationship.

14.8 Third-Party Beneficiaries

These terms do not confer any third-party beneficiary rights.

14.9 Export Compliance

Services may be subject to U.S. export control laws. You agree to comply with all applicable export and import laws and regulations and will not export or re-export services or technical data in violation of such laws.

14.10 Government Use

If you are a U.S. government entity, our services are "Commercial Items" as defined in FAR 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in FAR 12.212 and DFARS 227.7202.