1. Introduction
This document (“The Agreement”) sets forth the principles, guidelines and requirements of the Terms of Service of GlowHost.com, LLC (“The Company”) governing users of the Company’s of services and products (“The Customer”). These Terms of Service have been created to promote the integrity, security, reliability and privacy of Company’s facilities, network, and Customer data contained within. Company shall be the sole and final arbiter to any interpretation of the following terms. The Company retains the right to modify these Terms of Service at any time, without notification, and any such modification shall be automatically effective to all customers when adopted by the Company, and published here.
By utilizing the Company’s services and products, the Customer agrees to be bound by the terms herein outlined. Orders who have not indicated they have read and agree these terms of service will be denied hosting services by the Company. This verification is submitted at time of order, and the order cannot proceed until these terms have been agreed to. By utilizing our web hosting service, you agree and are bound to the following Terms until you have formally canceled your service agreement with The Company. For cancellations, please see the section below titled “Termination and Cancellation”
2. Compliance with the Law
We support the uncensored flow of ideas and information using the Internet as an outlet for such ideas and information. We do not actively monitor or police the sites that reside on our interactive computers. We do not monitor subscriber activity unless we believe a subscriber is abusing our servers by way of hacking, spamming, phishing, or similar illegal activities. We do not exercise editorial control over any web site, newsgroup email, or other electronic transmission of data.
Customer shall not post, transmit, retransmit or store material on or through any of the Company’s interactive computers (“Servers”) which, is in violation of any local, state, or Federal United States law, The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the Company services, which damages the Customer, or any other party. Customer shall be responsible for determining what laws or regulations are applicable to the Customer’s use of the Company’s services.
3. Prohibited Uses of Services and Products
In addition to the other requirements of these Terms of Service, Customer may only use the Company’s services in a manner that, in the Company’s sole judgment, is consistent with the purposes of such services. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company before potentially violating your Terms of Service Agreement. By way of example, and not limitation, uses described below of the Company’s services are expressly prohibited.
3.1. Unacceptable content includes IRC Bots, Botnets, DoS and DDoS programs, Virus, Trojan Horse, Egg Drop programs or any other type of similar software used for malicious intent. Non-malicious and legal IRC Bots are allowed on Dedicated, Virtual Dedicated and Cloud Servers.
3.1.1. Proxy servers are not allowed on shared or cloud hosting accounts. They may be allowed on dedicated servers in certain circumstances with approval from the Company.
3.1.2. Usage which violates of the rights of any person or entity protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations.
3.1.3. Actions that restrict or inhibit ANY person or entity, whether a customer of Company or otherwise, in its use or enjoyment of any of the Company’s services or products, or third-party services or products.
3.2. System and Network
3.2.1. Introduction of malicious programs into the Company’s network or server (e.g. viruses and worms).
3.2.2. Security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section 3.2.2, “disruption” includes, but is not limited to, port scans, pings floods, packet spoofing and forged routing information.
3.2.3. Executing any form of network monitoring which will intercept data not solely intended for the Customer.
3.2.4. Circumventing user authentication or security of any host, network or account.
3.2.5. Interfering with or denying service to any user other than Customer’s host (for example, denial of service attack).
3.2.6. Using any program, script, command, or sending messages of any kind, designed to interfere with, or to disable, a user’s terminal, SSH, FTP, or any other session, via any means, locally or via the Internet.
3.2.7. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing or in any way modifying or tampering with automatically generated log files.
3.2.8. Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.
3.2.9. Any action which the Company deems to be an unacceptable use of server resources.
3.3. Special Provisions for Hosting Packages That Come With Unlimited Disk Space
3.3.1. Hosting packages that include unlimited disk space are not to be used as a backup or archiving service. All stored files that reside on the The Company server must be 100% linked content. Linked content means that any visitor to your site can find any file you have stored on the account when they browse your web site. Archiving of audio, video, images, software, games or site backups is prohibited on hosting packages that include unlimited disk space. If you need the ability to store, archive or backup unlinked content, we recommend that you choose any package that advertises a disk space limit, for example, dedicated servers or certain shared hosting plans.
3.3.2. Accounts that exceed 10 GB or 50,000 inodes will be removed from the backup service. We will continue to backup MySQL Databases regardless of overall account size even if account has been removed from backup service.
3.3.3. Accounts that exceed 250,000 inodes will be asked to upgrade to a more suitable server such as a semi-dedicated or dedicated server.
3.3.4. Hosting packages that include unlimited disk space may not be used for image hosting or photo gallery sites larger than 10 gigabytes and 100 gigabytes transfer per month.
3.3.5. Hosting packages that include unlimited disk space may not be used for sites that offer video downloads or video hosting sites larger than 10 gigabytes and 100 gigabytes transfer per month.
3.3.6. Hosting packages that include unlimited disk space may not be used for software download, file sharing or software distribution sites larger than 10 gigabytes disk space and 100 gigabytes transfer per month. Please consider a dedicated server instead.
3.3.7. Customers whose web sites continually use excessive bandwidth may be asked to move and/or upgrade their service plan with The Company.
3.3.8. Unlimited Account backups are generated one time per week, on Sunday. If you need higher backup frequency please choose any other package. All other packages include nightly backups.
3.3.9. Unlimited Shared Hosting accounts are generally not suitable to engage in AI based data processing or learning which involves the creation of numerous unlinked files and potential overutilization of other system resources. Accounts found to be engaging in AI based data processing or learning may be asked to upgrade to a more suitable hosting service such as Elastic Sites, Cloud Server, Dedicated Server, or other comparable alternative.
4. Billing
4.1. Furnishing false contact information on the hosting order form, contract or online application, including fraudulent use of credit card numbers or checking accounts will result in immediate termination and legal action will be initiated by the Company to recover any losses incurred from a user who supplies false or otherwise illegal information on the hosting application. No refunds will be given on accounts that furnish false contact information unless previously agreed to by the Company in rare cases where the customer requires specific anonymity.
4.2. Attempting to circumvent or alter the processes of any billing procedures or procedures that measure time, bandwidth utilization, or other methods to document “use” of the Company’s services.
4.3. All hosting is paid in advance by the Customer to the Company. There are no payment options available to receive service, and pay at the end of the payment term.
4.4. NO REFUNDS will be given outside of the terms of the currently published Money Back Guarantee. Pre-payments are offered at a discount of the regular monthly rate, in exchange for The Customer’s waiver to right of refund. Refunds for eligible services will be less a 5% merchant processing fee.
4.5 Account upgrades incur no processing fees and can be conducted at any time by the customer.
4.6 Account downgrades on shared, reseller, and VPS hosting accounts will incur a $10.00 service fee.
4.7 All new accounts will be enrolled in automatic recurring payments beginning on the date of signup and recurring on each anniversary date of the service selected by the Customer at signup. The customer has the ability to change this preference at any time in favor of a “one time” payment model where automated recurring billing will no longer occur. This allows the Customer to complete a manual payment by logging into our web site and manually approving each new transaction. Manual payments are not recommended as there is an increased chance of late fees being applied for overdue invoices.
4.8 The customer is responsible for making payments in a timely fashion, otherwise late fees, account suspensions and terminations will apply.
4.9 A $5.00 late fee will be applied to any account more than 7 days overdue. Accounts 7 days overdue are subject to suspension of service until any overdue account has been made current by paying any and all overdue invoices.
4.10 Accounts 7 or more days overdue will be automatically suspended. Service shall be restored after a successful payment has been received by the customer. Automated service restoration generally takes 5 minutes to complete, however this process can take up to 24 hours, and a timeframe for “automatic” unsuspension is not guaranteed. It may be necessary for the Customer to contact the billing department and request unsuspension of a suspended account.
4.11 Disputed charges to your credit card issuer, also known as chargebacks, will result in immediate account suspension, regardless of fault of credit card issuer, Customer, employee or agent of the Customer. In order to restore service from disputed charges, the Customer will need to pay the full balance of the disputed charge, as well as reactivation fees, and chargeback fees. Chargeback fees are currently $39.00 for each occurrence.
4.12 Basic Telephone Technical Support – Subscribers to our hosting service are allowed up to 3 free basic phone support incidents per day, or up to 30 minutes of talk time, whichever is less. Basic telephone support can assist with low-level issues like how to log into your account, resetting a password, or general usage questions. Callers which exceed the time allotment will be billed at $2.00 per minute. Callers which exceed the 3 call per day limit will be billed $2.00 per minute upon commencement their 4th call to the company. Basic phone support does not need to be scheduled in advance and is available on demand. All support requests handled by our online helpdesk is 100% free for an unlimited number of incidents.
4.13 Level 3 Telephone Support – Subscribers to our hosting may also elect for Level 3 phone support where a call is scheduled in advance to speak with an expert systems administrator for $65 per incident for up to one hour of dedicated talk time. Level 3 support can assist you with high level technical issues, OS training, service configuration, general consultation, software application training, general educational topics and similar. All support requests handled by our online helpdesk is 100% free for an unlimited number of incidents.
5. Email Usage And Limits
5.1. Sending Unsolicited Commercial Email messages (UCE), including the sending of “junk mail” Spam or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer, or with whom Customer does not have an existing business relationship is strictly prohibited.
5.2. Forging of mail header information for malicious, illegal or spam purposes.
5.3. Use of UCE (Spam) originating from the networks of any other Internet Service Provider, on behalf of, or to advertise, any domain hosted on the Company’s servers.
5.4. Usage of the Company’s mail servers to send communications to email addresses that were purchased by the Customer from a 3rd party email address list provider. (Purchased Email Lists)
5.5. Customer will be charged a $500.00 penalty charge for each instance of a verifiable UCE or Spam email that is reported to the Company and faces immediate account suspension and/or termination, as well as is liable for all legal fees, including court costs and reasonable attorney fees associated through file and appeal with collecting the penalty listed in this section.
5.6. Operating a site that solely hosts email services for the general public by means of giving away or charging for email addresses from your domain to the general public. Giving away free or charging for email addresses is not allowed on shared or reseller hosting packages. This ensures all shared users will have adequate email service and cuts the risk arbitrary users will not abuse the email service and prevents the Company’s mail service from being blocked by various SPAM enforcement agencies. Dedicated server owners may operate their own email hosting services if they so desire.
5.7. Additional hourly outbound email limits are set based on your hosting package. Please search our knowledge base or contact support for the currently allowed email limits based on your package type.
6. Customer Support
6.1. The Company promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with Company employees or officers, via telephone, email, online chat or other means will result in immediate account termination. As per the Terms outlined in this agreement, no refunds will be given for sites canceled due to violations of this section.
6.2. The Company does not officially offer technical support for third party apps like Mailman, WordPress, Joomla or any other third party systems that we provide, outside of installation support. The Company also does not provide support for any third party systems that is outside of our control. The Company will help to get the systems installed on the Customer’s web site and working properly in the default configuration, but once the Customer has started customizing the software, the Company will not be able to assist if any breakage occurs outside of offering backup restoration services which may be a billable service depending on the Customer’s chosen package. The same is true for any apps, scripts, utilities, services, or third party software that the Customer has chosen to use on their web site or have installed on their web site on their own. Company may, at it’s sole discretion, opt to assist Customers with certain types of site breakage, but this service is not normally a free support option, and a monetary quote to repair a Customer’s web site, and agreement to the same, may be required before any repair work starts.
6.3. Remote Assistance – Sometimes referred to as “Remote Hands” or “Do it for me” support services may be offered to customers who request it. When the Customer has opted for Remote Assistance services, Customer affirms that they have requested, require, and invited the Company to remotely operate the Customer’s PC over the Internet and that the Company will have partial or fully unrestricted access to the customer’s computer and it’s contents. Customer agrees to hold harmless the Company for any damages for any reason including, without limitation, system damage, data loss, privacy, revenue, profits, or other economic advantage.
7. Resource and Bandwidth Usage
The Company provides the limits on space and transfer in good faith to our Customers so that they may create their Web sites without the fear of running over their Web traffic and space allocation. While most Customers will use the space and traffic for their legitimate web site needs, we recognize that others may try to take advantage of our offer and use the space and traffic in ways for which it is not intended. In the best interests of our Customers and in an effort to maintain the integrity of our service, the following rules will apply:
7.1. The Company does not permit shared or reseller (or reseller’s resold ) accounts where more than 25% of systems total resources for more than 90 seconds, or sites which in the Company’s view are detrimental to the enjoyment of the Company services by other users of the same server.
7.2. The Company does not permit shared or reseller (or reseller’s resold ) accounts where cronjobs run in intervals more frequent than every 15 minutes.
7.3. If an account is found utilizing in excess of 50,000 inodes for any shared or reseller (or reseller’s resold ) accounts, it will be removed from the normally scheduled backup system. No warnings will be issued that a site has been removed from the backup system. An inode is any file on the server. For example, an HTML page, an image file, an email, symlink, folder, document, et cetera.
7.4. If an account is found utilizing in excess of 250,000 inodes for any shared or reseller (or reseller’s resold ) accounts, it will be subject to suspension or an upgrade to a dedicated server may be suggested as a possibility to avoid suspension if the inode count cannot be reduced by the Customer.
7.5. Catch-All email addresses are disabled by default on our servers. You are free to use the catch-all email address however if you have it enabled, you will be expected to maintain it regularly to keep your account below the inode limits. Unmaintained catch-all email addresses are subject to automatic disablement and emails in such boxes can be permanently removed without warning. If you do not understand how to use a catch-all email address, we highly recommend keeping it disabled and use a standard email address instead.
7.6. Shared or reseller (or reseller’s resold ) accounts that are in excess of 20 gigs of disk space will be removed from the regularly scheduled backups. VPS, Semi-Dedicated servers and Dedicated servers are not subject to these limitations and can backup as much data as their hosting package or hard drives will allow for.
7.7. Shared or reseller (or reseller’s resold ) accounts, Semi-Dedicated and VPS accounts come with a monthly data transfer allowance. Should your account exceed this allowance, the account will be automatically suspended by our server monitoring software. This suspension will remain in place indefinitely until one of the following conditions has been met:
1) The transfer meter automatically resets on the first day of the month at 12:00 a.m. Service will be restored automatically at this time.
2) The Customer may upgrade to another hosting package that contains a higher transfer allowance.
7.8. Dedicated Server accounts come with a monthly data transfer allowance. Should your account exceed this allowance, the Company reserves the right to suspend the account, or the Company may elect to keep the account active and allow the account to consume more transfer than the package allows for. Any transfer consumed above and beyond the normally allowed rate will be billed to the customer at the then current rates advertised on the Company web site.
8. Termination and Cancellation
For the purposes of this section of the agreement, the term “Money Back Guarantee Period” shall be defined as the period extending from the date a Customer signs up his or her first domain hosting agreement with the Company through the ninety-first(91st) day following the initial signup of the first domain enrolled in hosting services by the Company.
8.1. Cancellation Notification, Suspension and Termination –
Shared, Reseller, Elastic Sites and Semi-dedicated accounts: All cancellation requests should be received by the Company before the next regularly scheduled invoice has been generated. The Company’s automated systems will not allow the Customer to cancel service if the Customer’s account has outstanding invoices. Shared hosting, resellers, elastic sites and semi-dedicated accounts have a seven (7) day grace period after the invoice has been generated to request cancellation or a package modification such as, but not limited to, a downgrade to monthly service from an annual package. After seven days, the account will be automatically suspended and a late fee applied. After the grace period, if the Customer requests access to their account, they may, at the sole discretion of the Company, be subject to the Site Restoration Fee as outlined in section 8.2.1 below. Alternatively, the Customer may pay any outstanding invoice(s) to automatically restore service to their account. When Customer is ready to formally cancel their entire account, or just portions of their account, they can do so here.
Dedicated Servers and Cloud Servers: All cancellation requests for MANAGED dedicated server or Cloud server hosting packages must be submitted no less than 10 days before the next regularly scheduled invoice is due. UNMANAGED dedicated servers must be submitted for cancellation no less than 10 days before the next regularly scheduled invoice is due. Cancellation requests received after this date may, at the sole discretion of the company, be subject to Late Termination Fee AND regularly scheduled payment as outlined below. The reason this rule exists is because the company pre-pays and renews contractual items on behalf of the Customer necessary to prevent service interruptions, such as server rack space, bandwidth, software licenses and electricity to various third-parties in anticipation of the Customer’s intent to renew service and typical desire to prevent any interruptions in the Customer’s normal monthly service. The Customer can schedule the exact date at which they would like the systems to deactivate their dedicated or cloud server and formally request cancellation of their accounts and services by going here.
8.2. Late Termination –
Late termination is defined as a Cloud Server or Dedicated Server customer’s failure to formally cancel their hosting services using our automated cancellation systems that have resulted in unpaid hosting service usage and additional unpaid invoices being generated against their account. Late Termination does not apply to Shared hosting, reseller, elastic sites and semi-dedicated accounts. To prevent additional invoices from being generated, the Customer must cancel service according to section 8.1 above. No other cancellation requests will be accepted. Our automated cancellation system is necessary in order to prevent human error in the cancellation process, and our system logs all requests for historical purposes.
Cloud Server Accounts: Incur a $75 Late Termination fee. A collections fee of $40 will also be assessed for all delinquent cloud server accounts that are sent to third-party collections agencies.
Dedicated Servers: Incur a Late Termination fee of $250 in addition to the regularly scheduled monthly payment. A collections fee of $40 will also be assessed for all delinquent dedicated server accounts that are sent to third-party collections agencies.
Late Termination fees can easily be avoided by ensuring formal cancellation has taken place before any renewal invoices have been generated in your account.
8.2.1. Site Restoration Fees –
Site Restoration fees may be charged at the sole discretion of the company depending on the nature of work involved. Site Restoration is defined as any overdue shared, reseller, elastic site or semi-dedicated account which has passed it’s grace period as defined in section 8.1, whereby the Customer requests renewed access to their account, and the Company then restores such access. In most cases, the Customer can avoid this fee by simply paying any overdue invoice(s) which will automatically restore service to any suspended accounts. Site Restoration does not apply to Dedicated or Cloud servers as restoration may not be possible with these types of accounts.
Shared Accounts, Elastic Sites, Reseller & Semi-Dedicated: Incur a $25 restoration fee.
8.3. If a Customer refuses to pay an invoice by which services have already been rendered, or any other outstanding fee with a balance of $75 or more, the Company may use any means possible by the Company to collect money owed to the Company by the Customer, including usage of stored Customer billing data, 3rd party collections agents, legal remediation or any other method or combination deemed necessary by the Company. The Customer hereby authorizes the Company to report any payment defaults to credit reporting agencies. Under the Fair Credit Reporting Act, Customer has the right to notify the Company if he/she/it believes the Company has reported inaccurate information about the Customer’s account to any credit reporting agency. Notice can be provided to the Company via the Company’s online support ticketing system or via certified mail to GlowHost.com, Attn: Privacy, P.O. Box 1442, Palm City, FL 34991.
8.4. Automatic Suspension and Termination – Automatic suspension of delinquent Shared, Reseller, Elastic Sites and Semi-dedicated accounts may occur if an account is found to be seven days or more overdue. Automatic terminations may occur at the sole discretion of the Company for any suspended accounts believed to be not-renewable, or which have lost communication with The Company or who are not responding to the Company’s payment request or other communications. Due to the prepaid nature of Cloud and Dedicated server agreements, Cloud and Dedicated server accounts that have unpaid invoices, and have let their accounts fall into suspension by way of not paying for their hosting services are not relinquished from owing their debt to the Company for those unpaid invoices that are generated in their account, until that account has been terminated.
The Company reserves the right to Automatically Terminate this agreement or any account immediately upon the occurrence of any of the following events:
– Non payment of any charges due from Customer.
– Breach of any term or condition of this agreement by Customer.
– Commencement of any lawsuit or proceeding against Customer arising from or relating to its use of the web site, whether or not such suit names the Company as a party or seeks any recovery from the Company.
– Commencement of any lawsuit or proceeding against Company from Customer arising from or relating to any service or activity provided by the Company.
– Slander or libel of the Company Name.
– Foul language, abuse, threats or harassment toward any of the Company staff members, administrators or other clients.
8.5. Cancellations requested within the Money Back Guarantee Period are eligible for a 100% refund, less any setup fees, domain registration fees, software license fees or add-on-service fees which have been added by the customer or which are required for a specific service to operate. Cloud servers and Dedicated servers are non-refundable and excluded entirely from the Money Back Guarantee. Cancellations requested outside the Money Back Guarantee Period are not eligible for a refund in part or in full.
8.6. Formal Cancellation Policy – Cancellation requests will only be considered a Formal Cancellation when it has been made via our automated cancellation request form, and must originate from the contact email address of the account holder listed in the Company’s customer database. Any other attempt to cancel service, via telephone, email, fax, or any other means WILL NOT BE ACCEPTED and the customer will be instructed on how to cancel using the automated systems. Failure of the customer to complete submission of the automated cancellation form may result in services renewing as originally contracted until the automated cancellation form has been submitted.
8.7. By submitting the order form on the Company web site, the Customer agrees to authorize all recurring charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees, and to be bound to all the terms of this Agreement.
8.8. Customer may, at the sole discretion of the Company, be charged a reactivation fee for each site terminated or suspended due to a billing or other Terms of Service violation or related issue.
8.9. Company reserves the right to change fees, features, and discount offerings without notice, and the Customer agrees to be bound by any changes of fee, feature, and/or discounts; any changes in price will take effect upon renewal of the existing hosting account. If the customer does not agree to the new fees, features, and discount offerings, the Customer can elect to choose another hosting provider at any time without penalty, provided the Customer has followed the Formal Cancellation policy as outlined above.
8.10. Customer shall be responsible for all costs incurred by the Company, including but not limited to reasonable attorney’s fees though file and appeal, court costs, and collections fees for accounts that the Company has deemed to be in default of the terms of this agreement.
9. Domain Names
9.1 For domains obtained for free, the Company will release control of any domain if a customer has decided to move to another host and canceled their hosting in accordance with the cancellation policy, and has met their minimum payment requirement listed in these Terms of Service in order to receive the free domain name. The customer may then transfer the domain to another service provider at any time.
9.2 If a customer has received a free domain name as part of their hosting contract, but elects to exercise their money back guarantee, the customer will receive a refund for all funds less setup fee (if any) and the domain registration fee of $15.95. Domain name registrations are not refundable by the registry to the Company, therefore the domain name registration fee cannot be refunded to the Customer.
9.3 Any domain that has entered redemption status may be recovered at the Customer’s option. To recover a domain in this status, a service fee of $30 will be added by the Company to any recovery fees set forth by the domain’s registrar, plus the standard domain renewal fee. If the domain is a free domain included with a hosting plan but has lapsed into redemption status, due to failure to pay the hosting invoice, or any other reason, the service fee of $30 plus the registrar’s own recovery fee (varies by registrar) will still apply.
9.4 If Customer wishes to transfer a domain registration to a different service provider than the Company, the Customer is free to do so unless they have not spent $15.95 or more with the Company. A minimum spend of $15.95 is required to obtain the transfer code for any domain that was originally registered for free.
10. Indemnification of Provider/Relationship of Parties
10.2. Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer’s Web site, except as necessary to maintain the web site’s online presence.
10.3 Customer agrees to hold the Company and it’s affiliates, partners, and subcontractors harmless for any damage, data loss or expense including Customer’s web site(s), email, customer databases, or other content residing on the Company’s servers, or any outside loss or expense incurred due any reason, including but not limited to server malfunction, power failure, connectivity problems, account termination, weather conditions, natural disaster, gross negligence, intentional misconduct or act of God.
10.4 The company provides a free backup service on all shared hosting accounts and at the option of the Customer, a backup drive or other automated backup solution may be enabled on dedicated servers or cloud servers as a paid or free service. These backups are for the Company’s and Customer’s convenience only, which may be useful to the Customer or the Company in the instance of an event resulting in data loss, however backup services are not guaranteed nor warranted in any way including that the backups will be current or usable for Customer data recovery. While the Company will make every attempt to maintain accurate and current backups, the Company cannot and does not warrant them to be fit or up to date or to be bug-free. It is the Customer’s sole responsibility to periodically sample their backup data to check it’s integrity, and the Company recommends that the Customer also maintain current “off-site” backups of their data for redundancy. The Customer will be the sole party responsible for all data installed on the Company’s equipment.
10.5 Customers that utilize the optional PCI Services offered by the company maintain that the Company is not liable for any damages that may occur due to compromised systems, applications, or other intrusion that results in the Customer’s customer credit card data being released to the public. Customer agrees that PCI certification and or compliance is solely the responsibility of the Customer and much of becoming PCI compliant or certified is out of the direct control of the Company. Customer will hold harmless the Company from any legal actions as a result of Customer’s negligence, errors, loose security policies, and/or bad luck where the Customer’s card holder data, or the Customer’s customer card holder data was the target of an attacker. The Company makes no guarantee on ensuring the Customer’s operation is PCI compliant or certified, the Company only provides a vehicle for to which the Customer can obtain PCI certification and status. No other warrantees are expressed or implied for our PCI service.
11. Confidentiality
Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information and materials relating to the other part’s business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be.
The Customer and the Company further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement indefinitely. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.
12. Refusal of Service
12.1. The Company reserves the right to refuse or cancel service to anyone at any time in its sole discretion without refund.
12.2. If any of these Terms of Service are failed to be followed it will result in grounds for immediate account termination.
13. Disclaimer
USE OF THE COMPANY’S SERVICES AND PRODUCTS IS AT CUSTOMER’S SOLE RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE COMPANY’S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE COMPANY’S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER CAUSES.
THE SOLE CUMULATIVE LIABILITY OF THE COMPANY FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO THE COMPANY BY THE CUSTOMER IN THE THEN CURRENT MONTH OF SERVICE OF WHICH SUCH A CLAIM MAY ARISE.
THE COMPANY RESERVES THE RIGHT TO REVISE OR CHANGE THESE TERMS OF SERVICE AT ANY TIME WITHOUT NOTIFICATION.
THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS UNDER THE LAWS OF THE STATE OF FLORIDA, IN THE COUNTY OF MARTIN. APPLICABLE CONTRACTS ARE MADE ACCEPTED AND PERFORMED WHOLLY IN FLORIDA, IN THE COUNTY OF MARTIN WITHOUT APPLICATION TO PRINCIPLES OF CONFLICT OF LAWS, AND THE CUSTOMER AND THE COMPANY AGREE THAT THE VENUE AND JURISDICTION FOR ANY DISPUTES ARISING FROM THIS AGREEMENT SHALL BE SENT TO ARBITRATION IN THE STATE OF FLORIDA, IN THE COUNTY OF MARTIN. IF THE COMPANY IS FOUND IN FAVOR OF ANY JUDGEMENT, THE CUSTOMER IS RESPONSIBLE FOR ANY AND ALL LEGAL FEES THROUGH FILE AND APPEAL INCURRED BY THE COMPANY.
