Web Hosting - Important Legal Information - Terms of Service
Customer agrees to the following terms of service:
1. Term and Termination: Unless requesting Hourly Services, Customer agrees to a month to month term for services, paid in advance via credit card on file, unless otherwise agreed to in writing. Customer may pay such month to month fees in advance (e.g., quarterly or annually). The month to month contract for services is automatically renewed each month via credit card on file subject to cancellation by the Customer or Internet Info Inc. (doing business as Maine.Info or otherwise) (hereinafter Internet Info) for any reason on 15 days notice from one party to the other. Internet Info may terminate this Agreement at any time upon non-payment as set forth below.
2. Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date ("Anniversary Billing Date") for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed to customer's credit card on file on the anniversary date of each month. Customer may opt to pay fees in advance (e.g., quarterly or annually).
3. Upgrade Fees: Upgrades ordered on the Anniversary Billing Date will be billed for a full month service and will continue each month on the Anniversary Billing Date. Upgrades ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
4. Hourly Service Fees: For any support time and/or other services offered by Internet Info on an hourly basis ("Hourly Services") and used by Customer, Customer's credit card on file will be billed and/or Customer will be billed by invoice due on receipt.
5. Additional Service Fees: Additional services, not including Hourly Services, ordered on the Anniversary Billing Date will be billed for the full month service and will continue each month on the Anniversary Billing Date. Additional services ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
6. One Time Fees: One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.
7. Cancellation: Internet Info requires a written cancellation notice a minimum of 15 days prior to the Anniversary Billing Date for discontinuance or downgrades of month to month services. Failure to supply the requisite 15 day notice of cancellation will result in a full billable monthly cycle prior to cancellation. All Customer data remaining after the cancellation date will be destroyed for security and privacy reasons, unless otherwise required by law.
8. Refunds & Disputes: All services rendered by Internet Info are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to notify Internet Info by email. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency. Customer is responsible for any fees and costs (including, but not limited to, reasonable attorneys' fees, court costs and collection agency fees) incurred by Internet Info in enforcing collection.
9. Non-Payment: All payments are due in full on the Anniversary Billing Date and will be billed to customer's credit card on file. Failure of payment processing on the monthly anniversary date (or any other billing period selected by Client) is a violation of the Terms of Service. Failure to remit payment for five (5) consecutive days, including the Anniversary Billing Date, shall result in a suspension of access to Customer services. Failure to remit payment for services within seven (7) consecutive days, including the Anniversary Billing Date, shall result in all services being reclaimed and terminated. A late fee of $20 will be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date. A $50 reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. All Customer data remaining after seven (7) days of non-payment will be destroyed for security and privacy reasons, unless otherwise required by law.
10. Data: Internet Info leases servers for web hosting purposes from SoftLayer Technologies, Inc. Internet Info has no control, however, over SoftLayer Technologies. Customer therefore assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.
11. Service Level Agreement (SLA): Internet Info is dependent on the availability of the servers and datacenters from which its services are compiled. These include Softlayer, Linode and Google. Accordingly, Internet Info specifically does not warrant or guaranty any SLA (e.g., service uptime percentage) to Customer. Though Internet Info will attempt to provide hosting services to Customer so long as this Agreement is in effect, Customer agrees that the hosting services offered by Internet Info are As Is.
12. Identity Use: Customer agrees to use the Internet Info logo, Internet Info information, and related services in accordance with Internet Info's approved marketing guidelines.
13. Permitted Use: Customer agrees to use Internet Info's services solely for their intended purposes. CUSTOMER SPECIFICALLY AGREES NOT TO TAMPER WITH, MAKE DERIVATIVE WORKS OF, REVERSE COMPILE, REVERSE ENGINEER AND/OR DISASSEMBLE ANY OF INTERNET INFO'S SOFTWARE OR FILES. If Customer violates or exceeds the Permitted Use, Internet Info reserves the right to immediately terminate Customer's account and will pursue any and all legal remedies available.
13a. Permitted Use: Mailing Lists All mailing lists must be focused at a targeted audience that has voluntarily signed up to receive email using a double opt-in process. The list must also allow for automatic removal by all recipients with non-distribution in the future pursuant to a plainly visible opt-out process. All mailing lists must be created through a service specifically intended for that purpose such as Google Apps Groups (complying with their recipient limits) or Constant Contact. Mailing list hacks (e.g., such as with an excessive number of addressees pasted into the "to" or "cc" field of an email client) are prohibited.
14. Laws: CUSTOMER AGREES TO ABIDE BY ALL LOCAL, STATE, AND FEDERAL LAWS PURSUANT TO SERVICES DELIVERED. THIS AGREEMENT IS MADE UNDER AND WILL BE CONSTURED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. EXCLUSIVE VENUE AND JURISDICTION FOR ANY AND ALL LEGAL REMEDIES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE TOMPKINS COUNTY, ITHACA, NEW YORK. EACH PARTY IRREVOCABLY CONSENTS TO THE FOREGOING JURISDICTION AND VENUE REQUIREMENTS AND WAIVES ANY AND ALL OBJECTIONS TO SUCH REQUIREMENTS.
15. Indemnification: CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS INTERNET INFO AND ITS RESPECTIVE OWNERS, OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, FINES, PUNITIVE DAMAGES, AMOUNTS IN INTEREST, EXPENSES AND DISBURSEMENTS OF ANY KIND AND NATURE WHATSOEVER (INCLUDING REASONABLE ATTORNEYS' FEES) BROUGHT BY A THIRD PARTY UNDER ANY THEORY OF LEGAL LIABILITY RELATED TO THE PROVISION OF SERVICES BY INTERNET INFO TO CUSTOMER, INCLUDING ANY THEORY OF LIABILITY ARISING OUT OF OR RELATED TO CUSTOMER'S CONTENT, ILLEGAL ACTIVITY AND/OR ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF A THIRD PARTY'S COPYRIGHT, TRADE SECRET, PATENT, TRADEMARK, OR OTHER PROPRIETARY RIGHT.
16. Limitation of Liability: INTERNET INFO SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER'S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. REGARDLESS OF THE REASON, INTERNET INFO SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF INTERNET INFO AND ANY OF ITS OWNERS, EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW OR EQUITY SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR HOSTING SERVICES FOR THE SIX MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM.
17. WARRANTY DISCLAIMER: EXCEPT TO THE EXTENT SPECIFICALLY PRECLUDED BY LAW, INTERNET INFO HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF SUTITABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE.
18. Arbitration: Any controversy or claim arising from service or breach of services in excess of $500.00 shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The venue and jurisdiction requirements set forth above apply to any arbitration proceedings. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.
19. Legal Compliance: By accepting this Agreement, Customer represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties. Customer further represents and warrants that he/she has full authority and power to execute this Agreement on behalf of the Company he/she represents, if any. Additionally, Customer warrants that he/she is at least 18 years of age or older and are not otherwise legally incapacitated to execute this Agreement.
20. Force Majeur: Internet Info is not responsible or liable, and no claim may be asserted again Internet Info, for service interruptions, data losses or any other impairment of hosting services beyond its control, for whatever reason whatsoever.
21. Electronic Acceptance: Customer accepts these Terms of Service by requesting and accepting the delivery of services by Internet Info.