1. Purpose
These Terms of Service ("TOS") represent the basis of a contract between you, or the entity on whose behalf you are executing this agreement ("you" or "your"), and our Company ("we", "us", or "our").
By corresponding with us, browsing our web properties, or using our Services you accept these TOS and you agree to abide by the then-current version of: these TOS, our Acceptable Use Policy, our Support Policy, our Refund & Billing Policy, our Privacy Policy, our Server Maintenance Policy, and our DMCA Policy.
2. Customers
While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of third party service providers, or the actions of individuals who use your instance of such products and services ("End Users").
3. Services
We provide a number of different products and services to our customers, which are collectively referred to in these TOS as the "Services".
a. Services Offer
We offer a number of different products and services, including but not limited to:
- Shared Web Hosting
- Unmanaged and Managed VPS Hosting
- Reseller Hosting
- Cloud Hosting
- Dedicated Server Hosting
- E-Mail Hosting
- Domain Registrations
b. Terms Specific to Domain Name Services
- We resell domain names. When you apply to register a domain name, your request will be transmitted to our trusted partner domain name registrars.
- Because of the mechanics of domain name registration, we cannot guarantee that your domain name will be registered.
- After registration, it is your responsibility to ensure your domain name does not lapse and is timely renewed.
- It is your sole responsibility to fully investigate and ensure that the domain name you register does not infringe on the legal or intellectual property rights of others.
c. Terms That Apply to All Hosting Services
- Our Hosting accounts are allocated bandwidth depending on the package you select. The bandwidth for Services purchased does not rollover and is not creditable across periods.
- In using our hosting Services, you may not place excessive burdens on our CPUs, servers, or other resources.
- You understand that bandwidth, connection speeds, and other similar indices of capacity are maximum numbers.
4. Resellers
Whether you are a reseller or use Reseller Hosting Services, you agree to abide, and be bound, by the terms of these TOS and our Policies, including all provisions related to indemnification and termination for a violation of these TOS and our Policies.
5. Access
You will not have physical access to any of the servers on which your data is stored. These servers will often be shared with third parties. You shall not take any actions to limit the use of or alter the server or Service functionality or the functionality of any related equipment.
6. Control Panels
cPanel
cPanel Services are provided through a third party. When you subscribe for use of cPanel with any of the Services, you agree to be bound by cPanel's End User License Agreement.
Plesk
Plesk Services are provided through a third party. When you subscribe for use of Plesk with any of the Services, you agree to be bound by Plesk End User License Agreement.
7. Enrollment & Account Information
a. Enrollment
YOU WARRANT THAT BEFORE YOU USE ANY OF THE SERVICES OR SIGN UP FOR AN ACCOUNT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE THE AUTHORITY TO BIND YOURSELF OR THE ENTITY YOU REPRESENT TO THESE TOS.
b. Account Information
You are required to provide us with accurate information when setting up your account. You must also keep this information, including your email address, up to date during the course of our relationship.
c. Account Security
- You are responsible for all actions that are performed with, by, or under your account credentials whether done by you or by others.
- All account access, password, and other security measures are your responsibility.
- We are not liable for any damages, direct or indirect, that result from unauthorized account access or use.
8. Term of Agreement; Billing & Payment
a. Term
We are not bound to perform Services until we receive payment from you when you checkout through our web platform (the "Effective Date"). We will begin delivery of the Services on the Effective Date and continue until the date set out on the page describing the Services.
b. Automatic Renewal
The Initial Term will AUTOMATICALLY RENEW for successive periods of equal duration (each a "Renewal Term"). If you wish to discontinue the Services, you need to notify us before automatic renewal for a Renewal Term.
c. Termination
Termination for Convenience: Either party may terminate the Services for convenience upon fifteen (15) days prior written notice to the other.
Company Termination: We reserve the right to immediately suspend or cancel the Services without notice: (a) for a violation of these TOS; (b) for your failure to pay any amounts due; (c) to protect the integrity of our network.
9. Money Back Guarantee
If you have just changed your mind about the services, we offer a no quibble money back guarantee. You can choose to exercise this option only once. Moreover, this guarantee applies to only your first term, not to subsequent extended terms.
You will receive a full refund for the money paid to the date of termination, minus the domain registration fees or other expenses which are non-refundable.
All Products, except for Domains and Servers: 30 days
10. Use of the Services
Your use of the Services is governed by these TOS, including our Policies.
WE PROVIDE NO GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR CONTINUOUS, OR THAT YOU WILL BE ABLE TO ACCESS OUR NETWORK AT A PARTICULAR TIME, OR THAT ANY DATA TRANSMITTED IS ACCURATE, ERROR FREE, VIRUS FREE, OR SECURE.
11. Data Backups
YOU ACKNOWLEDGE THAT IT IS SOLELY YOUR RESPONSIBILITY TO REGULARLY BACK-UP AND MAINTAIN COPIES OF YOUR DATA OUTSIDE OF OUR NETWORK. We are not responsible for any data loss or corruption.
12. Licenses & Intellectual Property
- Services performed or provided are either our original work or are the works of third parties from which we have obtained necessary permissions.
- We hereby grant you a license to use the Services and technology under the terms of these TOS. The license is non-exclusive, non-transferable, non-sublicensable.
- All right, title and interest in our technology and the Services shall remain with us, or our licensors.
13. Warranty
We warrant that we will perform the Services in accordance with prevailing industry standards. To make a breach of warranty claim, you must notify us in writing, specifying the breach in reasonable detail, within thirty (30) days of the alleged breach.
14. Disclaimers
EXCEPT FOR THE WARRANTY ABOVE, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
- We are not liable for the content of any data transferred or stored via our Services.
- We are not responsible for any loss of data, for any reason.
- We are not liable for data breaches caused by your failure to keep web applications up to date.
15. Limitation of Liability
It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet.
WE SHALL NOT BE LIABLE TO YOU IN CONNECTION WITH THESE TOS OR THE SERVICES FOR ANY: (A) DATA LOSS; (B) DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES; OR (C) LOST PROFITS, LOST REVENUES, OR BUSINESS INTERRUPTION LOSSES.
IN NO EVENT WILL OUR LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED FROM YOU FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
16. Indemnification
You agree to indemnify, defend, and hold us harmless from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings, and expenses (including reasonable attorney's fees) arising out of or relating to:
- Your use of the Services
- Any violation by you of these TOS or any of our Policies
- Any breach of any of your representations, warranties, or covenants contained in these TOS
- Any acts or omissions by you
17. Legal
a. Compliance with Law
Export laws apply to your use of the Services. It is your obligation to confirm that your use of the Services complies with applicable laws.
b. Force Majeure
Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the party's reasonable control, including without limitation third party service failures, acts of God, DDoS attacks, war, and epidemics.
c. Choice of Law
These Terms of Use and your use of the services are governed by and construed in accordance with the laws applicable in our jurisdiction.
d. Severability
In the event that any of the terms of these TOS become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be revised to reflect our intent, as permitted by applicable law. All remaining terms shall remain in full force and effect.
e. Claims Period
No action or proceeding against us may be commenced by you more than one (1) year after the Service which is the basis for the action is rendered.
