1. TERMS & EFFECTIVE DATES
A) This Agreement is effective as of the date you order The Company’s Services and shall continue for an initial term of one month and shall be automatically renewed each month for additional one month billing terms unless and until sooner terminated pursuant to the provisions of this Agreement.
B) Either The Company or Customer may terminate this Agreement at any time for any reason upon providing at least a twenty four (24) hour advance notice in writing.
C) Upon termination of this Agreement, Customer must fully pay The Company for all Services partially or fully provided to Customer by The Company prior to termination. Additional cancellation terms are outlined in Section 3 of this Agreement. If credits remain in Customer’s account, they will be forfeited upon cancellation. Credits are non-refundable.
D) Notwithstanding the provisions of this Article, The Company reserves the right to immediately terminate this Agreement by and between any Customer believed to conduct, participate in, allow, or facilitate any prohibited activity as described in our Acceptable Use Policy.
2. TERMS OF SERVICE
A) Accurate Account Information: Customer will provide The Company with accurate and true information about Customer, including at a minimum, First Name, Last Name, current mailing/billing address, current e-mail address, and a telephone number. Customer agrees to keep this information up to date as it will be used to contact Customer for Service Maintenance, Billing, Account Verification, and Account Notices. This information is never used for marketing purposes.
B) Service(s) Provided: The Company will provide Customer with the Service(s) ordered, as they are described on our website, billing system, or in a custom quote. In case of a conflict, the billing system or quote takes priority. Customer understands and agrees that The Company will host and create the Services solely in accordance with the information provided by Customer. Customer agrees to use The Company’s Services in accordance to this Agreement, including The Company’s Acceptable Use Policy.
C) Customer Support: The Company, either directly or through its assignee or licensee, will provide support to Customer relating to The Company Services. Any support which The Company may provide to you shall be at The Company’s sole discretion and once commenced, may be terminated at any time by The Company without notice to you and without any liability to The Company. The Company will provide reasonable technical support via their ticket system to Customer during The Company’s normal technical support hours. Notwithstanding any discretionary provision of customer support, The Company has no contractual obligation beyond maintaining basic server function. The Company will keep Customer’s Service up and functional, and will address Customer support tickets within a reasonable response time. Additional provisions are outlined in The Company’s Support Policy.
D) Bandwidth Overage: Going over your allocated bandwidth will result in Service overage fee(s). Customer is responsible for their Service(s), so please ensure that you secure your passwords and server correctly to avoid any overages. Bandwidth either resets on the first day of the month or at the recurring payment date of your Service, depending on the specific Service. Service overage fees are assessed on the first day following the last day of the previous billing cycle. In the event that Customer cancels Service prior to the last day of the billing cycle, an invoice for any bandwidth overage will be generated and due immediately. If Customer cancels service at the end of the billing cycle, an invoice will be generated at the close of the cycle for any bandwidth overage and due immediately.
E) Shared Hosting Disk Space: Disk space on Shared Hosting is allocated based on the plan ordered. Customer is permitted to use more disk space than allowed by the plan ordered, however an overage fee will be assessed for the additional disk space used. Disk space may be used for any purpose, except for any activity or purpose prohibited by the Acceptable Use Policy.
F) IP Change/Blacklist: In the event that you receive an IP address that is on a blacklist, you have up to 24 hours from your order date to report it to The Company for a change. Any other IP changes after this initial 24 hour period will result in an IP change fee, as stated in our Fee Schedule. Please keep in mind that The Company reserves the right to charge a $25 fee if your Service(s) is cancelled/suspended and The Company has a reason to believe that you caused the IP address to go on a blacklist due to e-mail spam.
G) Abuse Policy: Customer acknowledges that any prohibited activity as described in The Company’s Acceptable Use Policy may result in immediate cancellation/termination without refund or notice. However, at our discretion, we will generally follow the guidelines below:
- First offense: Customer contacted; abuse report sent — response required within 24 hours or suspension;
- Second offense: Customer’s Service suspended; Customer must contact The Company to appeal abuse report;
- Third offense: Customer account closed — all Services will be suspended and terminated.
H) Affiliate Program: Customers who promote The Company’s Services can request to join our “Affiliate Program,” in which qualifying Customers are remitted a portion of the revenue resulting from their promotion of The Company. The current default payout rate is recurring 20% with a minimum payout of $50.00 and payments made periodically via PayPal upon withdrawal request by Customer or applied as account Credit. Any promotional amounts above 20% may be changed at any time, and all change in payout amounts apply to all future commission calculations. Promotional amounts are void if coupon is used and in recurring cases The Company may revert payout rate to the default payout rate. The Company reserves the right to modify payout amounts at any time, without notice, and may change rates per Customer based on referral volume, type, and profit. The Company must verify to its satisfaction that Customer legitimately promoted The Company’s Services. Customer must use best effort to ensure they do not knowingly result in fraudulent payments or referring/promoting The Company to existing The Company users. Customers must abide by the policies enclosed in this Agreement and The Company has a strict no-spam policy; Customers who use mass mail or spam (including but not limited to: cookie stuffing, unsolicited e-mails, non-disclosure, providing false information, self-referrals) to disseminate a The Company referral link, or Customers that have their account closed as a result of any abuse or policy breach, will be subject to Suspension and/or Termination and forfeit any claim to remittances in connection with the Affiliate Program. Affiliate Program members are responsible for following all applicable rules and laws regarding affiliate programs.
I) Free Offers: Any Services offered for free as part of another plan are intended for use for that Customer’s plan only. Customers who resell/transfer such free Services to others are in violation of this Agreement, and The Company reserves the right to cancel the free offer.
3. BILLING & FEES
A) Agreement to pay: As consideration for The Company’s Services, Customer agrees to be charged upon request and/or use of any The Company Service(s), including any fees assessed in connection therewith. Customer agrees to pay The Company the aggregate fees, whether one-time or periodic, in whole, when due, based on the provided Services and terms selected, according to the terms provided herein. Services are provided as they are described and at the price advertised (in US Dollars) on The Company’s website. The Company reserves the right to demand payment in full when due, and does not waive that right in the event of any discretionary deferment.
B) Fee Schedule: The Company’s Fee Schedule reflects the current charges for Services performed outside of regular support boundaries. Customer agrees to be charged and to pay for any fees assessed by The Company in accordance with this Agreement. The Company reserves the right to modify the posted fees at any time, active upon posting, without direct notice to the Customer, who agrees to receive any updates to our Fee Schedule by accessing this Agreement on our website. Customer must upgrade to a regular, non-discounted plan to be able to use any additional Services. If Customer’s plan was purchased at a promotional or discounted price, that discount is voided if any of the fees in the Fee Schedule are requested or assessed.
D) Authorization and Cancellation: By making a payment, Customer agrees that all charges, as well as future charges, are authorized. Customer has thirty (30) days to dispute any aspect of The Company’s billing. In the event that a payment is disputed, The Company may suspend or terminate Service(s) or the Customer’s account, and Customer is responsible for covering any losses, in addition to any fees such as charge-back fees, as well as attorneys’ fees. If the matter is resolved, Customer is responsible for paying any applicable Service re-instatement or re-connection fees.
E) Recurring Payments: If Customer signs up for a Service involving recurring payments, Customer is responsible for cancelling Service(s) twenty-four (24) hours before the end of the billing term, otherwise an invoice for the next billing term will be generated and due. The Company automatically captures payments one (1) day before the end of the billing term, but reserves the right to do so as soon as seven (7) days before the end of the billing term. Customer permits The Company to reattempt to capture payment if the first capture attempt fails. Any late captured payments will not prevent Service termination and you must contact The Company to have your Services manually re-activated. The Company will not honor any refunds as a result of Customer’s failure, mistake, disregard, or neglect to cancel their subscription in a timely manner. Thus, it is Customer’s responsibility to send in a cancellation request in a timely manner through The Company’s automated system by clicking the “cancel” button and completing cancellation. “Cancellation” means that the Service will be fully terminated at the end of the term, and no invoice will be generated for the next term; therefore, please do not request a cancellation in attempt to disable recurring billing. Please also keep in mind that The Company’s automated system is not capable of doing refunds for BitCoin or other Cryptocurrency payments in any situation, and Customers who use BitCoin or other Cryptocurrency forfeit any refund claim granted in these terms or otherwise.
F) PayPal Subscriptions: For recurring PayPal payments, Customer bears the responsibility to cancel the subscription from PayPal, if necessary. Any PayPal subscriptions that are not cancelled, even if Customer’s Service is cancelled by The Company, will result in the funds being deposited into Customer’s The Company account, and subject to The Company’s strict deposit terms in this Article—no refunds.
G) Administration Fee: Customer agrees to pay a twenty-five dollar ($25.00) Administration Fee, which will be charged to Customer’s account in the event of the following situations, also reflected in our Fee Schedule:
- Any returned payment and/or collections efforts;
- Any withdrawal of Customer credits (if offered);
- Any disputes/holds/chargebacks on payment;
- Any suspension or termination due to prohibited account behavior;
- Any suspension that necessitates manual processing outside our automated system;
- Any custom billing administration outside of current Company policies;
- Any blocklisting caused per IP address;
H) Suspension and Termination: “Suspension” means Customer cannot use their Service(s), which can be automatically resumed after payment is made. “Termination” means Customer’s Service(s) and associated data are lost forever, with outstanding balance still due. The Company is not responsible for data loss due to Termination. In the event that Customer does not request to cancel their Services and an invoice is generated, but not paid, it will remain as an invoice and must be paid, even after Termination for failure to pay. This invoice must be paid before Customer can successfully make a new order in the future. Customer may pay the invoice at any time by contacting customer support. Customer is required to pay off any invoices generated. The Company is not required to remove already-generated invoices for existing Services, as The Company has made the cancellation policy very clear. Dedicated servers which are suspended may be subject to a reconnection fee.
I) Invoices: Customer agrees to be charged and make payment immediately when a new invoice is generated. Invoices are generated as soon as a new Service is ordered and automatically seven (7) days before the next billing term for existing Services paid monthly; fourteen (14) days before the next billing term for existing Services paid quarterly; thirty (30) days before the next billing term for existing Services paid semi-annually or longer. If Customer orders a new Service and decides to cancel the order once an invoice is already generated but before payment, The Company will automatically remove the invoice periodically. However, if Customer makes an error and wants to create a new order immediately, The Company can clear the erroneous invoice and replace it according to Customer’s request. For existing Services, once an invoice is generated, Customer is required to make the payment before the due date. The Company suspends your Service three (3) days after the due date, and terminates Customer’s Service completely after thirty (30) days of being overdue.
J) Refund Policy: The Company will offer a full refund for any Services requested to be discontinued within 45 days of purchase; however, exclusions apply as follows:
- This guaranteed refund only applies to the first refund for the first and single payment on a single Service that the Customer requests, limited per client, per household (such as using the same internet connection, address, payment information.) This guaranteed refund does not include any “One-time Setup Fees” or “Monthly Additions” ordered. Afterward, The Company will handle refund requests on a case-by-case basis at our sole discretion;
- Certain Services and fees are non-refundable. These include any domain name purchases, special/custom purchases, limited support packages, dedicated servers, domain registrations, administrative fees, software licensing fees, and any product specifically labeled as non-refundable;
- Setup fees and any services performed (listed on our Fee Schedule) are non-refundable;
- Payments made as cryptocurrency;
- PayPal payments are made as partial refunds, less the cost of the PayPal service fee; and
- No refunds are given for ANY services (account-wide) in cases of ANY abuse, suspension, or closure of account.
Generally, this means The Company will give Customers a 100% refund for any other hosting or VPS plan for which Customer requests a cancellation and refund within 45 days of purchase. In the event of qualifying down-time, Customer’s account will be credited in accordance with this Agreement and The Company’s Service Level Agreement. If Customer forgets to cancel a recurring payment and does not wish to keep the Service(s), The Company reserves the discretion to offer account credit upon contact within 24 hours. If Customer downgrades Services, Customer will receive a prorated credit added to next term’s invoice: not a refund. All payments made through our deposit system are non-refundable. The Company retains the sole discretion to make refunds without waiving the provisions herein.
Customer agrees that credit card chargebacks and/or PayPal disputes are not an acceptable method of getting a refund. Customer will first contact The Company and provide all relevant information regarding their account and why they believe they are entitled to a refund. The Company will refund erroneous or duplicate payments if Customer contacts the Billing Department within 30 days of the billing error. If Customer does not contact The Company prior to filing a chargeback or dispute, then The Company reserves the discretion to not refund the payment and provide all evidence supporting the claim that Customer violated this Agreement. The Company reserves the right to report Customer to MaxMind and FraudRecord of the chargeback activity.
K) Collection Efforts: You shall pay all costs of collection, including reasonable attorney’s fees and costs, in the event any invoice requires collection efforts. All accounts referred to a collection agency shall be subject to an additional fee of $25.00, which must be paid in full before the account is reactivated.
L) Currency Fluctuations: International Customers and Customers paying with cryptocurrency bear the risk of currency fluctuations and any fees or taxes associated with the conversion of foreign currencies or cryptocurrency into United States Dollars. The Company reserves the right to withhold Service to Customers until we are able to receive satisfactory confirmation from such Customer’s payment account provider, in our sole discretion, that the funds will be available for debit from the Customer’s account. The Company reserves the right to refuse to provide Service to Customers whose country provided in the contact information does not match that on file for the billing information.
M) Late Payments and Late Fee: Any payment not received by the due date listed on the invoice is considered late, including payments made by mail. The Company grants a grace period of three (3) days to make a payment without penalty. If payment is not received in full by 1:00 AM UTC of the fourth day after the due date, The Company will charge a Late Fee of 10% of the total invoice or $5.00, whichever is greater.
A) Warranty Disclaimer: Except as expressly provided in this Agreement, The Company’s Services are provided on an “as is,” and “as available” basis. The Company expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and/or fitness for a particular purpose.
B) Indemnification: Customer shall indemnify The Company, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys’ fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Agreement. You further agree to defend, indemnify and hold harmless The Company, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that The Company shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense. All Services provided by The Company to a Customer will be deemed accepted when delivered. In addition, The Company expects Customers to abide by the policies enclosed in this Agreement and U.S. laws as well as any laws within the country in which Customer resides that do not conflict with U.S. laws. Basically, Customer assumes all responsibility for their activities, and if such activities result in any loss of money to The Company or third parties, Customer is responsible for rectifying the situation financially.
C) Contractor Relationship: The Company and Customer are independent contractors and nothing contained in this Agreement expressly or impliedly represents The Company and Customer as having the relationship of principal-agent, partners, or joint-venturers. Neither Customer nor The Company has or may represent itself as having, any authority to make contracts in the name of the other party or bind the other party in any manner whatsoever.
D) Applicable Law: This Agreement is made under and shall be governed by the laws of the Commonwealth of Virginia, except with regard to any conflict of law rules. This Agreement and The Company’s policies are subject to change by The Company without notice. Continued usage of the Services after a change to this Agreement by The Company or after a new policy is implemented and posted on the The Company Site constitutes your acceptance of such change or policy. We encourage you to regularly check the The Company Site for any changes or additions.
E) Arbitration: All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the Commonwealth of Virginia or another location mutually agreeable to the parties. Such arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Intellectual property and contract law and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
F) Limitation of Liability: The Company’s liability in connection with this Agreement or Services provided shall not exceed the amount paid by customer to The Company during the three (3) month period before the claim arose. The Company shall not be liable for (a) any loss of use, loss of data, or interruption of business or (b) any indirect, special, incidental, consequential, unforeseeable, or punitive damages of any kind (including, without limitation, lost profits), regardless of the form or action, whether in contract, tort (including negligence), strict liability, or otherwise, even if The Company has been advised of the possibility of such damages. Customer acknowledges that these limitations are an essential element of this Agreement, and absent such limitations, The Company would not enter into this Agreement to provide Services.
G) Serviceability: The invalidity or nonenforceable of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
I) Assignment: This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Customer, but may be so transferred, assigned or delegated by The Company.
J) Export Matters: If Customer chooses to use these Services, Customer does so on its own initiative and is responsible for compliance with applicable laws. Customer agrees to comply with all restrictions and regulations of the U.S. Department of Commerce and any other United States or foreign agencies and authorities in connection with Customer’s use of these Services and to not, in violation of any laws, transfer, or authorize the transfer, of any Services (a) into any U.S. and/or U.N. embargoed countries or (b) to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders or Entity List of proliferation concern, or the U.S. State Department’s Debarred Parties List. By using these Services, Customer represents and warrants that Customer is not located in, under the control of, or a national or resident of any such country or on any such list. In addition, Customer may not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, in a country listed in Country Groups D: 4 and D: 3, as set forth in Supplement No. 1 to the Part 740 of the United States Export Administration Regulations. Customer assumes responsibility for compliance with laws and regulations applicable to export, re-export or import of products, technology or technical data provided hereunder and for obtaining required export and import authorizations. Customer will not transfer to or through the Services any data, materials or other items controlled for export under the International Traffic in Arms Regulations (“ITAR Data”) or other applicable laws unless The Company has agreed to the transfer and (i) Customer has provided The Company not less than 10 days’ prior written notice that ITAR Data will be transferred to or through the Services, (ii) Customer has received prior written authorization from the U.S. Government to transfer the ITAR Data to The Company, and (iii) Customer agrees to provide The Company with all necessary assistance to enable The Company to obtain such U.S. Government permission. Customer is responsible, and will reimburse The Company, for all costs, expenses or damages incurred by The Company in connection with Customer transfer of ITAR Data.
K) Force Majeure: Except for policy violations as outlined in the AUP and TOS, neither The Company nor Customer will be in violation of the Agreement if the failure to perform the obligation is due to an event beyond either party’s control, such as significant failure of a part of the power grid, sabotage, denial of service attack, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry; provided however if the force majeure event continues beyond thirty (30) days, the performing party may terminate the Agreement.
L) Agreement Versions: This Agreement is the complete and exclusive agreement between Customer and The Company regarding its subject matter and supersedes and replaces any agreement (including without limitation any computer infrastructure hosting and related agreements between Customer and The Company), understanding, or communication, whether written or oral, prior or contemporaneous.
M) Enforceability: If any part of this Agreement is found unenforceable by a court or other tribunal, the rest of the Agreement will nonetheless continue in effect, and the parties agree that any court or other tribunal may reform the unenforceable part if it is possible to do so consistent with the material economic incentives of the parties resulting in this Agreement.
N) Official Language: The official language of the Agreement shall be the English language and no translation into any other language may be used in its interpretation. All services, support, notices, designations, specifications, and communications will be provided in the English language.