ArticHost Terms of Service
This Web Hosting Agreement (this "Agreement") also referenced as the Terms of Service (the "TOS"), is between ArticHost, formed under the laws of the State of Delaware (ArticHost) and the person (individual or legal entity) whom purchases ArticHost's service and agrees to the Terms of Service during the set up process (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of ArticHost's Web hosting service.
Subject to the terms of this Agreement, and contingent on Customer's satisfaction of ArticHost's credit approval requirements, ArticHost agrees to provide the web hosting services described in the Order for the fees stated in the Order.
The initial service term of the Agreement shall begin on the date that ArticHost generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a "Renewal Term") unless ArticHost or Customer provides the other with termination notice within 7 days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."
(a) Recurring Fees
Renewal notices are emailed seven days before the actual renew date in your account. If you have a credit card on file your card will automatically be charged two days before your renewal notice is due. If your billing method is Paypal you will need to manually pay your invoice every month. All payments submitted for services are non-refundable outside of our 7 day refund policy. Service will be made inactive on accounts that are not paid by the 30th day past due. The term "Account" describes all services provided to a customer as defined by the primary ownership email and physical address. ArticHost reserves the right to revoke this grace period if a pattern of late payment is observed or if your payment method is listed as other. All orders made with a credit card are expected to work on the monthly renewal date each month. Any accounts made inactive for non-payment are subject to a $10.00 late payment fee. Any accounts terminated due to non payment are subject to a $10.00 restoration fee once all past due invoices have been paid.
(b) Payment Terms
For your convenience ArticHost offers multiple payment terms with increasing discounts for its product lines. All payments to ArticHost are non refundable after the first 7 days of service. Within the first 7 days of a Quarterly, Semi-Annual or Yearly paid service you may request that it be converted to a Monthly subscription and the remaining balance will be refunded to your original payment method. If after the first 7 days of service you request the package to be converted to a different billing cycle any additional monies will be applied to your account in the form of credits and will not be refunded. Prior to paying a renewal invoice and before your renewal date you may have your payment terms changed at no additional charge. If you wish to cancel a Quarterly, Semi-Annual or Yearly package prior to its renewal date, your package will be pro-rated to the nearest Monthly billing cycle and any remaining funds will be credited to your account. Any cancellation as the result of a violation of our TOS or AUP will be non refundable.
At ArticHost's request Customer shall remit to ArticHost all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on ArticHost, regardless of whether ArticHost fails to collect the tax at the time the related services are provided.
(g) 7 Day Money Back Guarantee
All new ArticHost Customers are eligible for a 7 day money back guarantee on all hosting packages upon written request, excluding Dedicated Servers, Domain Name Registrations and SSL Certificates. The definition of a new customer is one who has never purchased services from ArticHost in the past. Also if a customer purchases a 2nd, 3rd, etc. hosting package and wishes to cancel this particular package they are not eligible for a refund. If you exceed your bandwidth limit within the first 7 days of service you are not eligible for the 7 day money back guarantee. If the TOS/AUP agreed upon when ordering is violated this voids your eligibility for the 7 day money back guarantee. ArticHost reserves the right to deny the refund if we feel abuse of services has occurred.
(h) Refunds for Domains & SSL Certificates
You may cancel any domain registration (other than domains registered via drop-catching) with us within three (3) days of purchase for a full refund (minus any applicable transaction fees). You may cancel at any time after the three-day period, but no refund will be issued. SSL Certificates may be canceled within 5 days of purchase for a full refund or account credit. After the five-day grace period you may cancel your SSL certificate but no refund shall be issued.
(j) Service Upgrades
Customer agrees that service and license upgrades will be maintained for a minimum of 30 days or one full billing cycle, whichever comes first. This includes but is not limited to purchases of add-on software, license upgrades, package upgrades and physical upgrades to dedicated servers such as hard-disk or ram upgrades.
4. Cancellation and Early Termination
Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event ArticHost terminates the Agreement for Customer's breach of the Agreement in accordance with Section 12 (Termination), or Customer terminates the service other than in accordance with Section 12 (Termination) for ArticHost breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement. Customer acknowledges that the cancellation notice or downgrade of current package is to be submitted to ArticHost prior to the following renewal date or the Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following guidelines: Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event ArticHost terminates the Agreement for Customer's breach of the Agreement in accordance with Section 12 (Termination), or Customer terminates the service other than in accordance with Section 12 (Termination) for ArticHost breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement. Customer acknowledges that the cancellation notice or downgrade of current package is to be submitted to ArticHost prior to the following renewal date or the Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following guidelines:
Cancellation request must be submitted to the billing department
Cancellation request must be submitted from the main email address on file with ArticHost
Cancellation request must contain the main IP address and hostname of the hosting plan you wish to cancel
5. Cancellation and Early Termination (Dedicated Servers)
Customer acknowledges that the cancellation notice is provided prior to the following renewal date in writing to ArticHost or the Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following guidelines:
Cancellation request must be submitted to the billing department
Cancellation request must be submitted from the main email address on file with ArticHost
Cancellation request must contain the main IP address of the server you wish to cancel
Customer agrees to use the service in compliance with applicable law and ArticHost's Acceptable Use Policy (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that ArticHost may, in its reasonable commercial judgment consistent with industry standards, amend the AUP and TOS from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP and TOS are effective on the earlier of ArticHost's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with ArticHost's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between ArticHost and Customer regarding the interpretation of the AUP, ArticHost's commercially reasonable interpretation of the AUP shall govern.
7. Customer Information
Customer represents and warrants to ArticHost that the information he, she or it has provided and will provide to ArticHost for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to ArticHost that he or she is at least 18 years of age. ArticHost may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
Customer agrees to indemnify and hold harmless ArticHost, ArticHost's affiliates, and each of their respective officers, directors, 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 arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
9. Disclaimer of Warranties
ArticHost DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW ArticHost DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
10. Limitation of Damages.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF ArticHost AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.
IF ANY LAWSUIT OR ARBITRATION OR OTHER LEGAL PROCEEDING ARISES IN CONNECTION WITH THE INTERPRETATION OR ENFORCEMENT OF THIS AGREEMENT, ArticHost SHALL BE ENTITLED TO RECEIVE FROM THE OTHER PARTY THE COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES INCURRED IN CONNECTION THEREWITH, IN PREPARATION THEREFOR AND ON APPEAL THEREFROM, WHICH AMOUNTS SHALL BE INCLUDED IN ANY JUDGMENT THEREIN.
(a) Suspension of Service.
Customer agrees that ArticHost may suspend services to Customer with or without notice and without liability.
ArticHost reserves the right to terminate the Agreement or deny services at any time with or without notice and without liability. The Agreement may be terminated by the Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if ArticHost fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. Termination in this manner does not absolve the customer of any required payments remaining on their initial or renewal term. The Customer may also terminate this agreement as per Section 4 and Section 6 respectively.
Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
(c) Hardware Mining/Continuous Max Resource Utilization
ArticHost reserves the right to terminate the Agreement or deny services at any time with or without notice and without liability in the event that our services are used for the sole purpose of any type of online mining. This also includes the utilization of any software which causes your service to continuously operate at its maximum resource limits.
12. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Bandwidth overages are billed at the rate of $20 per TB used. Unused transfer in one month cannot be carried over to the next month. If you exceed your bandwidth limit within the first 7 days of service you are not eligible for the 7 day money back guarantee and you are responsible to pay for any overage.
ArticHost is not a domain registrar. We are a reseller for NameSilo so all ArticHost customers who purchase a domain or transfer a domain to us are bound by the terms and conditions set forth by NameSilo. You will receive notice from ArticHost once your domain is up for renewal. If you do not renew your domain by the expiration date you run the risk of loosing your domain. Domain names are billed as separate services and must be kept current to ensure they do not expire. If your domain name has expired, you may renew it at the regular price no more than 25 days after the expiration date. If the domain has been expired for 31 days or more it may have been auctioned off, if so your domain is gone. If your domain was not auctioned you may redeem the domain for a $125 fee no later than 60 days past the expiration date. Domains are not guaranteed to be renewable past 25 days of their expiration. All domains will cease to function past their expiration date until renewed. There is no grace period on domain name registrations. Should any payment dispute or chargeback arise regarding your domain name services, access and rights to your domain name will be immediately forfeited. To recover your domain name from forfeiture a reinstatement fee of $75 plus your remaining balance will be required if processed within the original expiration time.
(a) Domain Cancellation, Renewal and Refund Policy
You may cancel any domain registration (other than domains registered via drop-catching) with us within three (3) days of purchase for a full refund (minus any applicable transaction fees). You may cancel at any time after the three-day period, but no refund will be issued.
You may cancel domain renewals (other than renewals associated with Expired Domain Auctions) with us within three (3) days of purchase for an account credit (minus any applicable transaction fees). If you transfer your domain within 45 days of a domain renewal, you may not be entitled to a refund and you may also not receive any extended registration time on your domain. ALL DOMAIN RENEWAL CANCELLATIONS, OTHER THAN CERTAIN AUTOMATIC RENEWALS, WILL RESULT IN YOUR DOMAIN BEING DELETED AND PLACED INTO THE REDEMPTION PERIOD AT THE REGISTRY. THIS MEANS THAT YOU WILL NOT BE ABLE TO RENEW THE DOMAIN WITH US WITHOUT PAYING FOR A RESTORATION, OR POSSIBLY NOT AT ALL. IF YOU HAVE TIME REMAINING ON YOUR REGISTRATION IT WILL BE SACRIFICED IN TOTAL WHEN RECEIVING A RENEWAL REFUND. Important note regarding domain renewal refunds. At our sole discretion, we may choose not to issue a domain renewal refund if your cancellation rate surpasses the ratios set by our system.
14. Requests for Customer Information
Customer agrees that ArticHost may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that ArticHost believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
15. Back Up Copy
ArticHost highly recommends that all customers retain up to date backup copies of their data off site for disaster recovery purposes.
ArticHost provides complementary backup services for our VPS customers. These snap shots are taken every other day and stored for approximately 7-14 days. Customer agrees to maintain a current copy of all content hosted by ArticHost notwithstanding any agreement by ArticHost to provide back up services. Customer acknowledges that any backups provided by or for ArticHost services are a courtesy service intended for disaster recovery only and that ArticHost does not warrant or guarantee the availability, integrity, content or operability of these backups.
ArticHost does not provide any backup services for our unmanaged product lines. Customer is responsible for creating and maintaining backups of their data. ArticHost does not warrant or guarantee any data on unmanaged services.
17. Changes to ArticHost's Network
Upgrades and other changes in ArticHost's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. ArticHost reserves the right to change its network in its commercially reasonable discretion, and ArticHost shall not be liable for any resulting harm to Customer.
Notices to ArticHost under the Agreement shall be given via electronic mail to the e-mail address of [email protected] or via our online ticketing system at https://ArticHost.com/. All notices, including but not limited to support or billing requests, must be submitted from a registered e-mail address on file for the customer account.
Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. It is the Customers responsibility to ensure valid and accurate contact information is supplied and updated as necessary. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
19. Force Majeure
ArticHost shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond ArticHost's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
20. Binding Arbitration
As a Customer of ArticHost you agree to submit to binding arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The location of Arbitration shall be selected by ArticHost at the time of the dispute.
No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.
The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party 's actual damages & each party shall bear its own costs, fees and expenses of arbitration.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on ArticHost unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without ArticHost's prior written consent. ArticHost's approval for assignment is contingent on the assignee meeting ArticHost's credit approval criteria. ArticHost may assign the Agreement in whole or in part.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.