MAC GROUP CO. TERMS AND CONDITIONS OF SERVICE
Welcome to your associations web site! MAC Group, allows your business or organization to create its
own website (the “Site”) where Association Members can obtain general information and correspond with one
For purposes of these Terms and Conditions, the following terms shall have the stated meanings:
1. “Site Administrator” means the individual who is authorized and has the legal capacity to administer the
association’s web site. The Site Administrator is responsible for the creation, set-up, and maintenance of
the Site, including providing access to its Association Member s.
2. “Association Member ” is a resident of the community for whom the association web site is provided.
3. “Website” refers to the Association website and all of the information contained therein.
III. USER’S RIGHTS AND RESPONSIBLITIES:
The Terms and Conditions provide certain rights to . MAC Group reserves the right to change the Terms and
Conditions, provided it gives notice of those changes to Association’s and Association Member s. Continued use of
the Site by the Association or its Association Members will act as (a) acceptance of the changes and (b) an
agreement to abide by the changes. By completing the registration process outline in Section VI and clicking “I
Accept,” Association Members agree to:
the representations and conditions set forth in Section VI,
accept and abide by these Terms and Conditions, as well as any changes made to these terms, without limitation
accept responsibility for routinely reviewing these Terms and Conditions so as to keep abreast of any changes
ensure that all personal information, including email addresses, contact information, and billing information
when appropriate, is accurate and current.
regularly review email messages from MAC Group or Association management to keep advised of any changes,
notices, or information regarding services.
IV. DESCRIPTION OF SERVICES:
Services are provided for the sole use of the Association and Association Members. MAC Group reserves
the right to modify or cancel any of the services it provides. MAC Group also reserves the right to modify or cancel
the Association or Association Member access according to the provisions in Sections V and VI.
MAC Group offers its Services only to individuals and legal entities that are capable of entering into legally
binding agreements. If the Association representative or Association Member is an individual under the age of 18,
or otherwise incapable of entering into a binding agreement, the Association or Association Member is not
authorized to utilize the website. MAC Group may suspend or terminate eligibility if it determines that, in its good
faith judgment, the Association representative or an Association Member has engaged in fraudulent or improper
activity in connection with the utilization of the Association web site. To be eligible to use Association website the
Association or Association Member must comply with all applicable laws, statutes, ordinances and regulations,
including, but not limited to, United States laws on export controls, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the
New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of
law. Association or Association Member may not use the Services to:
Publish or transmit any information that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or
Falsely identify yourself as any other person or entity to another Association Member, falsely state or
otherwise misrepresent your affiliation with a person or entity, or impersonate another Association
Disguise the source or origin of any Association or Association Member information;
Publish or transmit any information that Association or Association Member does not have a legal right to
publish or transmit (such as trade secret or other proprietary information, inside information, or
information subject to a confidentiality agreement);
Publish or transmit any information that infringes any patent, trademark, trade secret, copyright or other
intellectual property of a third party;
Publish or transmit any unsolicited or unauthorized advertising, promotional materials, spam, unwelcome
e-mail, or any other form of solicitation*;
Publish or transmit any material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment;
Interfere with or disrupt the software or hardware providing the services offered by MAC Group.
MAC Group, based on its sole discretion, reserves the right to examine the Association information or
Association Member data contained within any Site for the purpose of determining if a violation of these Terms and
Conditions has occurred.
If, as a result of an Association’s use of the Association website , it has a dispute with one or more
Association Member s, the Association releases MAC Group, its affiliates, officers, directors, agents, and
employees from all claims, demands, and damages of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected with the dispute.
* To report a violation of this policy, please send an email to email@example.com . In accordance with
release information about Associations or Association Members who have violated the anti-spam policy.
VI. REPRESENTATIONS OF Association’s SITE ADMINISTRATOR:
Registration acts as acceptance of the Terms and Conditions contained in this Agreement. By accepting the
Terms and Conditions, the Association Site Administrator represents and warrants 1) that she, he, or it is the
authorized Site Administrator and has the legal authority to register and enter into this Agreement on behalf of the
Association and thereby binds the Association to the Terms and Conditions of this Agreement, 2) that all
Association Members are at least eighteen (18) years of age, and 3) the Association and Association Members
consent to the Terms and Conditions of this Agreement.
VII. REGISTRATION PROCESS:
Each Association and its Association Members must complete the registration process. Each
Association Member will need to provide the following information:
|Name of Organization/Group
|Site Name (URL)
MAC Group has sole discretion regarding the timing, nature, and content of all correspondence with
Association Site Administrators and Association Members
*The Site Administrator will be the person who sets up the Association web site. This person will need to make
decisions concerning the level of privacy, security, and desired options that best suit the needs of its Association
Members and organization. The Site Administrator will also control which Association Members have access to
the site and what options and privileges those Association Members will have once they have registered. Other
Site Administrators may be registered for the Association. Once registered, additional Site Administrators agree to
abide by all the terms and conditions and are responsible for promptly reviewing any notices received from MAC
Group regarding the Association web site.
VIII. USER NAMES, PASSWORDS, & SECURITY:
Each Association will select a Site Name. MAC Group will use reasonable efforts to comply with the
Association’s request for a Site Name, but reserves the right to provide a different Site Name if any of the following
The same or similar name has already been registered with MAC Group and the use of that name may
present confusion or difficulty to Association Members when trying to access their site,
MAC Group finds the Site Name to be offensive or obscene
MAC Group determines that the Association is engaging in behavior that is designed to avoid paying fees,
infringes on the property of another, violates any applicable laws, or interferes with MAC Group ’s
ability to successfully manage the Website and provide services to its users.
The Association and Association Members are responsible for the confidentiality of the site. The
protection of passwords and the privacy of any information shared on the site is the responsibility of each
Association Member and the Association as a whole. The Association and its Association Members are
responsible for ensuring the confidentiality of any information exchanged within its site and for any content posted
on its site. The Association agrees to notify MAC Group immediately of any breaches of security, including
unauthorized use, activities, or disclosure. If an Association fails to notify MAC Group of any security breach or
fails to abide by the provisions set forth above, it agrees to hold MAC Group harmless for any damages that may
occur in connection with any of these provisions.
MAC Group respects the privacy of Associations and Association Members . Please view our Privacy
Policy for a complete description of the ways in which MAC Group protects your
XI. TERMINATION/CANCELLATION OF SERVICES OR ACCESS:
MAC Group may, at any time and on its sole discretion, cancel, suspend, limit, or discontinue any or all of
its services. MAC Group may also cancel, suspend, limit, or discontinue any password, Site Name, or all or any part
of the Association ’s site if MAC Group suspects that the Association or one of its Association Members is using
the site to:
Violate the terms and conditions set forth within this contract,
Violate any other policy of MAC Group,
Conduct fraudulent activity,
Conduct abusive or unlawful activity, or
Access unauthorized areas of the website, including the personal information of other Association
If any of the above violations occur or are suspected to have occurred, MAC Group reserves the right to
terminate the Association and/or any of its Association Members ’ access immediately, with or without notice.
Furthermore, MAC Group reserves the right to conduct an investigation of any claim of fraudulent, abusive, or
unlawful activity. This investigation may include accessing the Association Site and reviewing any pertinent
information contained therein. MAC Group will provide this information to a third party when required by a court
order or applicable law or to the appropriate law enforcement officials when necessary.
If an account is cancelled due to any of the reasons set forth above, the Association or Association Member will be
barred from re-registering or participating in all or any part of this website.
If service is cancelled for any reason, MAC Group may elect to remove from its servers the information provided
by the Association and its Association Members during registration.
Should Association want to voluntarily cancel its Site, it must contact MAC Group by sending an email
with the Association Site Name and pertinent registration information to firstname.lastname@example.org.
The provisions set forth in Sections XVI and XVII will survive any cancellation or discontinuance
implemented in accordance with the policies in this section or the Section XII.
XII. ACCESS TO SERVICES:
MAC Group promises to make reasonable efforts to provide a quality of service that meets or exceeds
prevailing industry standards. MAC Group will make every effort to provide access to the Site on a twenty-fourhour per day, seven-day per week basis. The Association and its Association Members recognize, however, that
despite MAC Group ’s good faith efforts, at times access will be unavailable due interruption of major network
connectivity, network and server limitations, back-up and regular maintenance performed by MAC Group, or for
any other reason.
All Associations and Association Members acknowledge that they are individually responsible for
providing the necessary equipment, including computer, modem, and any other access device, and are responsible
for securing access and paying all fees associated with that access to the World Wide Web.
Third Party Providers:
Associations website may contain links to the sites of MAC Group partners, affiliates, and providers of
services or content to MAC Group (“Third Party Providers”). These links are provided as a convenience and
service to the Association and its Association Member s. MAC Group does not regulate these sites, nor will AMC
Group be held liable for the accuracy or reliability of any of these sites, their content, the products they advertise, or
any transmissions conducted by such sites. Furthermore, MAC Group will not be held liable for any damage or loss
caused or alleged to be caused by or in connection with the use of or reliance on any such information. If the
Association or its Association Member s decides to use the provided links, they acknowledge that they are bound by
the privacy and use policies of each linked site.
Any text, graphics, logos, trademarks, copyrighted information, or any other material published by MAC
Group s or its Third Party Providers remains the property of MAC Group or the identified provider of the material.
Association and its Association Members agree to respect the property rights associated with these materials.
Note on Hyperlinks:
Through an Association or an Association Members use of the services, the Association or an Association
Member may be provided with hyperlinks to other Internet sites or resources. MAC Group has no control over
those sites and resources. Association and its Association Members acknowledge that MAC Group is not
responsible for the availability of those hyperlinked sites or resources, and does not endorse and is not responsible or
liable for any information, advertising, products, or other materials on or available from those sites or resources.
Association and its Association Members further acknowledge that MAC Group shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or
reliance on any such information, goods, or services available on or through any such site or resource.
Services are provided on a subscription basis. Association and its Association Members agree that
subscription fees will be paid on or before the 12th of each month. In the event payments are not received by the
agreed upon date, MAC Group may, in its sole discretion, discontinue service until such time as the account is
brought current. Association acknowledges that it is solely responsible for providing any information concerning
changes in billing information. Association will be responsible for any delay in payment, delinquency in account, or
cancellation of services that result from a failure to provide such notice.
Monthly subscription fees are based on the prices published by MAC Group at the time the account is
created. Associations are not charged for the calendar month in which the account is created, but will be charged on
a monthly basis thereafter, beginning with the first day of the month after the account is created. Fees will be
assessed according to the pricing plan the Association chooses and may be based on either actual or maximum Site
Association Membership. Guest visitors, including those who’s Association Membership is pending, are not
considered Association Members for billing purposes. It is the Site Administrator’s responsibility to make sure
the Association Member list is accurate. Any fees calculated on an inaccurate Association Member list are the
responsibility of the Association. MAC Group will not add, remove, or delete Association Members from an
Association ’s site.
Cancellation requests for the Site must be completed by the Site Administrator and may be done at any time
by sending a cancellation request to email@example.com Cancellations will be processed as of the last day
of the calendar month in which the request is received. Upon receiving the cancellation request, MAC Group has the
right to deactivate the Site at any time.
MAC Group reserves the right to increase its fees at any time. Subscriptions paid by credit card will
automatically be charged the subscription amount on the first of each month. Subscriptions paid by invoice will be
electronically invoiced on the first day of each month.
Fees for other services not included in this agreement will be assessed according to the prices in effect at
the time of purchase.
XIV. STORAGE AND FILE DOWNLOAD/BANDWIDTH LIMITATIONS:
Storage space on MAC Group’s servers is limited based upon the Association ’s current pricing level. Due
to space constraints, it may not be possible to store all data or information. The Association will not hold MAC
Group liable for the deletion of or failure to store any information that results from these space constraints.
To provide the highest level of service to all of its Association s and Association Member s, MAC Group
reserves the right to restrict the file download or bandwidth capacity of any or all of its sites.
XV. SUBSCRIBING ORGANIZATION CONTENT:
All information posted by Association, or one of its Association Member s, is the responsibility of that
Association. MAC Group does not control the content of the information at an Association ’s URL. Association
Members of the Association may believe the information at that URL to be harmful, inaccurate, deceptive or
offensive. Association s should exercise caution, common sense, and practice safe trading when using MAC
Group’s services. Association and its Association Members should understand that they assume the risk of dealing
with foreign nationals, underage persons, or people acting under false pretense. Authentication of a Association
Members identity on the Internet is not always possible. Therefore, MAC Group cannot and does not confirm the
identity of each Association Member.
XVI. BACK-UP POLICY:
To ensure the efficiency and effectiveness of its operations, MAC Group routinely backs up the data stored
on its servers. The information that is backed up is stored for a limited period of time. In accordance with the
provisions of Sections XI and XII, MAC Group will make reasonable efforts to restore site information at the
Association’s request, once the account is current. MAC Group claims no responsibility for loss of any information
or failure to back up any information, including but not limited to, information posted on the intranet set by the
Association, registration information related to the Association ’s account with MAC Group, and registration or
other information concerning any of the Association Member s.
MAC GROUP PROVIDES SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED, OR STATUTORY. MAC GROUP SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MAC GROUP MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET
ASSOCATION ’S OR ASSOCATION MEMBER ’S REQUIREMENTS, (ii) THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
ASSOCATION OR ASSOCATION MEMBER THROUGH THE SERVICES WILL MEET ASSOCATION ’S OR
THE ASSOCATION MEMBERS EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICES IS DONE AT ASSOCATION ’S AND ASSOCATION MEMBER ’S OWN DISCRETION AND
RISK AND ASSOCATION AND ASSOCATION MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO ITS, HIS, OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY ASSOCATION OR ASSOCATION MEMBER FROM MAC GROUP, THROUGH
OR FROM THE SERVICES IT PROVIDES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICES PROVIDED IS DONE AT ASSOCATION ’S AND ASSOCATION MEMBER ’S OWN
DISCRETION AND RISK AND ASSOCATION OR ASSOCATION MEMBER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO ITS, HIS, OR HER COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY ASSOCATION OR ASSOCATION MEMBER FROM MAC
GROUP, THROUGH OR FROM THE SERVICES IT PROVIDES, SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF
IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Association and its Association Members agree to indemnify and hold MAC Group and its subsidiaries,
affiliates, officers, directors, agents, and employees, and any providers of data used on Association ’s Site harmless
from any claim or demand, including reasonable attorneys’ fees, made by any Association, Association Member, or
other third party due to or arising out of Association ’s or Association Members ’ breach of this Agreement or the
documents it incorporates by reference, or Association ’s or Association Members ’ violation of any law or the
rights of a third party.
XX. PROPERTY RIGHTS:
The content on this Website, including all text, graphics, logos, button icons, images, audio clips, and
software, and the collection, arrangement, and assembly of that content, is the property of MAC Group and is
protected by U.S. and international copyright laws. U.S. and international copyright laws protect the software used
on the Association Site. Any use of the software or content of this site that is inconsistent with the Website’s
purpose, including the reproduction, modification, distribution, transmission, republication, display, or performance,
is strictly prohibited.
MAC Group retains the rights to all trademarks, trade names, service marks, service names and logos
(“Marks”) on this Website. No Marks may be used in any manner that is likely to cause confusion as to the source
or origin of any goods or services, or in any manner that disparages or discredits MAC Group.
This Association Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for
any commercial purpose that is not expressly permitted by MAC Group.
Any comments, ideas, or suggestions submitted to MAC Group through this interface become the sole
property of MAC Group. MAC Group may use any information submitted in this manner without any obligation to
the Association or Association Member who submitted it.
Information posted on the Association ’s Site by the Association or its Association Member s, particular to
the Association ’s organization, will remain the sole property of the Association, its Association Member s, or any
party with rights therein.
Notification of claimed copyright infringement should be sent to: MAC Group, 17130 Dallas Pkwy, Ste 220, Dallas
TX 75248; email: firstname.lastname@example.org, pursuant to Title 17, United States Code, Section 512(c)(2).
XXI. LEGAL STIPULATIONS:
The Association represents that no joint venture, partnership, employment, or agency relationship exists
between MAC Group and the Association or its Association Members as a result of the Terms and Conditions
contained in this document, or by the use or access to the services provided by MAC Group.
These Terms and Conditions, incorporating any notices and policies published on the MAC Group Website,
constitute the entire agreement between the Association, its Association Member s, and MAC Group. This
Agreement supersedes all other communications, in whatever form, between the Association, its Association
Members and MAC Group.
Jurisdiction and Venue:
The Terms of this Agreement and all the provisions contained within, as well as the relationship between
the Association, its Association Member s, and MAC Group, are governed by the laws of California and the United
States of America without regard to conflict of law provisions. The Association and its Association Members
agree to the personal and exclusive jurisdiction and venue of the state and federal courts located in Alameda County,
California, U.S.A. concerning any and all disputes arising out of or relating to the use or access of MAC Group’s
services or Website under this Agreement.
Voided or Invalid Provisions:
If a court of law finds any part of the Terms and Conditions invalid or unenforceable, the provision will be
replaced by a valid, enforceable clause that most closely resembles the intent of the initial provision. The
unenforceable or invalid provision has no effect on the remaining terms and conditions, which remain in effect as
MAC Group’s failure to exercise any of its rights under this Agreement does not constitute a waiver such
Statute of Limitations:
MAC Group and Association agree that any claim or action arising out of or related to this Agreement will
be commenced within one year after the cause of action arose, regardless of contrary statutory or common law. If a
claim or action is not commenced within one year after the cause of action arose, the claim is permanently barred.