ServerPoint's Terms of Service

The following Terms of Service (“TOS” or “Agreement”) apply to all services provided by A+ Hosting Inc. DBA ServerPoint.com (“ServerPoint”, we, us, our) to you (“Customer”). By purchasing Services (the Order) from us, you agree to these terms of service.

PLEASE READ THIS AGREEMENT CAREFULLY

BY SIGNING UP FOR SERVICES, A CONTRACT IS CREATED BETWEEN CUSTOMER AND SERVERPOINT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING ACCEPTABLE USE POLICY, PRIVACY POLICY AND ANY ADDENDUM IF PROVIDED. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

1. APPLICATION OF TERMS

1. 1.1. These terms apply to all Services provided by ServerPoint to you during the Term. Certain provisions of this TOS may not apply to you based on the product that you have ordered from ServerPoint.
2. 1.2. These terms, together with ServerPoint's Acceptable Usage Policy and Privacy Policy, represent the entire agreement relating to the Services and supersede any agreements previously entered into between you and ServerPoint.
3. 1.3. ServerPoint may alter this TOS at any time without notification to you. However, the current TOS is always available on ServerPoint's website. Your sole remedy in the event that you do not agree to those amendments is to terminate your services, as described in paragraph 6, and based on the existing term and addendum. Only a ServerPoint officer may alter this TOS. No agent of, or person employed by or under contract with, ServerPoint has any authority to alter this TOS in any way. No oral explanation or oral information given by any party shall alter the interpretation of this TOS.

2. GENERAL TERMS AND CONDITIONS

1. 2.1. You will conform to the standards and acceptable use policies of ServerPoint, as set out in our Acceptable Use Policy, which is available on our website.
2. 2.2. You are responsible for obtaining any licenses or permissions from public authorities that are required to upload the contents of your site or the web activity undertaken by you.
3. 2.3. Your personal information is treated in accordance with our Privacy Policy, which is available on our website.
4. 2.4. You will receive a password to be used to log into your Client Portal and/or server. You are solely responsible for all passwords, and you shall keep all passwords confidential and take security measures to prevent any unauthorized person from gaining access to your passwords.
5. 2.5. ServerPoint's Service Level Agreement (SLA) sets out the performance you can expect from us for each product that we offer. The SLA is your sole and exclusive remedy for our failure to provide the Services to you.
6. 2.6. You have no ownership of, or proprietary rights in, any Equipment or software provided by ServerPoint.
7. 2.7. If necessary, we will provide an IP address to you. You will have no ownership of this IP address. It may only be used by you while using the Services, and may not be transferred. Upon Termination of this TOS, or a particular Service, your right to use an IP address will end. IP addresses are recycled.
8. 2.8. The Services are provided to you as configured for our standard customer. You bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services must be compatible with the Services. We are not obligated to modify the Services to accommodate your use.
9. 2.9. The Services are provided on as is basis. The hardware configurations may vary across data centers and may result in different performance. ServerPoint may replace your host server hardware, or modify certain software configurations when deemed necessary.
10. 2.10. The proprietary and third-party software we provide for you to use as part of our service are provided on as is basis and you bear all responsibility for using it.

3. ORDERS

1. 3.1. The date on which we provide notice to you that the service is provisioned is the Effective Date of this contract. The Initial Term of the Services is set out on your Order (Initial Term). Upon the expiration of the Initial Term, the Term would renew for a period equal or shorter to the original period requested or for a term required by the particular product.
2. 3.2. You must be over the age of 18 at the time you place your Order.
3. 3.3. All Orders will be reviewed by us to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). You may receive notice that your Order has been rejected because it fails to pass our Fraud Screen. Unless otherwise specified, we are unable to provide additional information about the reasons for a particular Order failure to pass the Fraud Screen. Orders that fail our Fraud Screen will not be accepted and Service will not be provided.
4. 3.4. ServerPoint is under no obligation to deliver any Services in addition to those identified in the Order.
5. 3.5. You shall provide to ServerPoint, at your cost, any information, resources or facilities reasonably requested by ServerPoint for the delivery of the Services and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with ServerPoint.
6. 3.6. Any instructions supplied by you to ServerPoint must be complete, accurate and clearly legible. ServerPoint reserves the right to charge for any costs and any additional work incurred by ServerPoint due to any failure by you to comply with this provision and shall not be liable for any errors caused by such failure.

4. OWNERSHIP OF YOUR ACCOUNT

1. 4.1. Your contact information is set out in the Client Portal. It is the Customer’s responsibility to keep this information updated at all times.
2. 4.2. If you, on behalf of another person or entity, ordered the Service, you warrant that you will administer the Service in good faith, and indemnify us against all losses and liabilities sustained by us should you administer the service in ways that are adverse to that other person or entity that result in any claim against us.
3. 4.3. For avoidance of doubt, the individual or entity set out in the Client Portal is considered by us to be the owner of the account and all associated services. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account may be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.

5. PAYMENT

1. 5.1. You are responsible for the Fees set out on the Order, and in the currency specified on the Order. You are also responsible for the fees associated to any extra feature added to the service or fees related to overuse.
2. 5.2. Invoices are due immediately upon receipt. ServerPoint reserves the right to suspend the Services until payment is made.
3. 5.3. All fees listed on our website are net of applicable taxes. You are responsible for all taxes and fees levied on the Services.
4. 5.4. Our obligation to provide the Services is contingent on your payment of the Fees by the Due Date. It is your responsibility to ensure that we receive payment of the Fees. Should the Services be suspended, for any reason, Fees will continue to accrue. Setup fees and domain name registration charges are not refundable for any reason.
   1. 5.4.1. We often offer special promotions (Special Promotions). These promotions have specific terms, and generally do not apply to current customers. They do not apply to Renewal Terms except when expressly stated in the special promotion terms.
5. 5.5. Our Services are provided on the basis of the Initial Term specified on your Order. All other Services shall renew for the specified period (Renewal Term) or Services are terminated as provided herein. Any such termination or cancellation will be subject to the payment of any outstanding charges and must comply with any contract term specified in the contract and/or addendum (if provided).
6. 5.6. Your credit card is automatically charged for a Renewal Term on the expiration date of the Term for Service. In case an automatic renewal charge fails and you fail to renew or terminate the service, we will make additional attempts to charge your credit card(s).
7. 5.7. We are not responsible for your data if Services are terminated because your credit card on file has expired or is no longer valid for any reason. If you use a method of payment other than a credit card, we will not be responsible for your data if you fail to make a manual payment for your Services.
8. 5.8. We are pleased to provide you billing information about your Services in your Client Portal.
9. 5.9. If you believe there is an error on your bill, you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If we find that your claim is valid, we agree to credit the account that is the subject of the dispute on your next bill. If you contact your credit card company, prior to notifying us of the dispute, and initiate a "chargeback" based on this dispute, we will charge you a chargeback and administrative fee. This fee compensates us for the investigation your credit card issuer requires us to conduct in order to demonstrate our right to payment. All of your Services may be suspended or terminated during billing disputes. To reactivate your Services, you must pay the administrative fee along with the reactivation fee. ServerPoint, however, may decide to not accept the same method of payment.
10. 5.10. Money Back Guarantee: our money back guarantee ensures peace of mind that our Services will meet the expectations set out in this agreement. Different products have different money back guarantee terms. Cancellation and Refund requests should be requested no later than 30 days from the Effective Date of receiving your Service for shared hosting products, 14 days for virtual or dedicated server hosting and there is no money back guarantee for domain name registrations, secure certificates or third party software licenses. The following conditions apply to our Money Back guarantee: (a) It applies only to individual Services in an Order. It does not apply to previously ordered Services; (b) Setup fees are not refundable and may be due upon cancellation even if waived initially as part of a Special Promotion; Other services, Third Party Services or features incorporated into the Services; (d) The Money Back Guarantee does not apply to Renewal fees; (e) The Money Back Guarantee is your sole and exclusive remedy should our Services fail to meet the expectations set out in this paragraph.
11. 5.11. ServerPoint Credit and ServerPoint Bucks: we may return part of a pre-paid amount of an Order as credit. Credit amounts may only be used for future purchases and/or renewals of ServerPoint services. Refunds back to the original payment source will not be provided.
12. 5.12. Our SLA is explained in the Service Level Agreement Page and it specifies your rights in case of disruption of the Services. Should the Services be disrupted, you may request a Credit by contacting our customer service representatives. This Credit is our only obligation, and your only remedy, in the case of a disruption of the Services.
13. 5.13. For specifics regarding payment of domain names, their renewals, and information on termination or cancellation of a domain name, please refer to our Domain Name Services Agreement page.
14. 5.14. Unless stated otherwise, $ refers to United States currency. All future amounts payable by you shall be charged in the same currency as your initial order.

6. TERMINATION OR CANCELLATION

1. 6.1. Cancellation

   ServerPoint is not able to schedule cancellation requests. Valid proof of account ownership will be required to terminate an account or service.
   The initial term of this TOS or Agreement shall be as set forth in the initial order or addendum. The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY, AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE SERVERPOINT TO AUTOMATICALLY BILL AND/OR CHARGE YOUR CREDIT OR DEBIT CARD FOR SUCCESSIVE TERMS OF EQUAL OR SHORTER LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. IF AN ADDENDUM WAS INCLUDED AS PART OF YOUR ORDER, YOU WILL BE BIND TO THOSE AND SHOULD COMPLY WITH ALL THE REQUIREMENTS BEFORE CANCELLATION.

   1. 6.1.1. We reserve the right to terminate this TOS upon written notice if the other party materially breaches any of these terms and fails to correct the breach within 7 days following the other party's written notice, or immediately if the breach is incapable of cure. Other party will be responsible to comply with the addendum if provided.

2. 6.2. Cancellation by ServerPoint

   1. 6.2.1. ServerPoint may terminate this TOS if (a) you fail to pay any sums due to ServerPoint as they fall due; (b) in ServerPoint's reasonable opinion, you do not have sufficient technical expertise to use the Services without excessive ongoing technical support; (c) we determine in good faith that this service has become impractical or unfeasible for any technical, legal, regulatory or other reason; or (d) you violate this TOS or any agreement incorporated by reference.
   2. 6.2.2. We may terminate a particular Order, or aspect of the Services, if a Third Party ceases to make components of them available to us, or if providing them to you becomes cost prohibitive.
   3. 6.2.3. We may terminate Service to you, at our discretion, if you violate some or all aspects of our Conversation Policy. In such a case, we will give you appropriate time to move your services.

3. 6.3. Cancellation by you

   1. 6.3.1. You may terminate the Services through the Client Portal. You may contact our customer service staff for instructions on how to cancel a specific service or account via Client Portal. If you fail to submit cancellation via Client Portal, the Services will not be Terminated, and Fees will still be charged. You must follow proper cancellation procedures in order to Terminate each Service. IF AN ADDENDUM WAS INCLUDED AS PART OF YOUR ORDER, YOU WILL BE BIND AND SHOULD COMPLY WITH ALL THE REQUIREMENTS BEFORE CANCELLATION.
   2. 6.3.2. Once you follow the proper steps required to request the Service cancellation, we will process it and issue a refund, if you are entitled to it, within 60 days. Refunds are issued through the same payment method that was originally used to purchase the Services, if it is possible. ServerPoint is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method. All refunds are subject to administrative fees.
4. 6.4. You may request cancellation of any Service at any time. Depending on the life stage of your Service, different cancellation fees may apply. Cancellation fees will be calculated during the cancellation process of the particular Service. In order to avoid renewal charges and late cancellation fees, cancellation must be requested at least 30 days before renewal term date. Cancellation of an Active account will result in the Termination of any additional Services associated with that account.
5. 6.5 For policies related to Cancellation and/or termination of domain name registrations, please refer to our Domain Name Services Agreement page.
6. 6.6. Upon cancellation of the Service, ServerPoint shall be entitled immediately to block your Service and to remove all of your data from our infrastructure. ServerPoint is entitled to post a public notice stating that your service space is again available. IP space and data space are recycled. It is your obligation to ensure that you arrange to transfer anything you need from the Services prior to cancellation. We have no obligation to forward e-mail, website, or other methods, following cancellation. IF AN ADDENDUM WAS INCLUDED, YOU WILL BE BIND AND SHOULD COMPLY WITH ALL THE REQUIREMENTS BEFORE CANCELLATION.

7. TECHNICAL SUPPORT

8. INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS

1. 8.1. ServerPoint grants to you a limited license to the Services to access and use them. All trademarks, product names and company names or logos used by ServerPoint are property of ServerPoint or the property of their respective owners. No permission is given by ServerPoint to you or an affiliate to use any such trademarks, product names, company names, logos or titles, and you acknowledge that such use is an infringement of the owner's rights.
2. 8.2. If we have not provided a license for you to use software as part of the Services, you agree to procure appropriate licenses to use all "Required Licenses." "Required Licenses" means any licenses, consents or approvals required to use software, hardware and other items installed on the Equipment, or whose use is facilitated by the Service. You agree to provide us with copies of the Required Licenses promptly following our written request.
3. 8.3. You are solely responsible for obtaining all intellectual property rights in the intellectual property of others (Objects), including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks or other materials which are used by you in, or transmitted via, the Service. On becoming aware of any dispute between you and any other individual or organization regarding the Objects, ServerPoint reserves the right, at its sole discretion and without notice or liability to you, to cease any further use of such Objects including, without limitation, suspending or deleting the Service.
4. 8.4. Unless otherwise set out in this TOS, you own all rights, title and interest to the information you place on our servers pursuant to the Services.
5. 8.5. If you submit feedback to us, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this feedback information.
6. 8.6 All messages exchanged when communicating with our staff will become the sole property of ServerPoint.

9. REPRESENTATIONS AND WARRANTIES

1. 9.1. You represent and warrant that (a) you have the experience and knowledge necessary to use the Services; (b) you and your End Users understand and appreciate the risks inherent to you, your business and your person that come from accessing the Internet; (c) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Services necessary to take advantage of the Services; (d) you will not violate any applicable laws and/or regulations in your use of the Services; (e) you own all intellectual property rights in, or have a license to use, any information you provide to us necessary for us to perform the Services, or to any information transmitted by us through the Services; (f) you will make backup copies of all information in a location independent of ours, and will not use our Backup Services as your sole backup.
2. 9.2. WE MAKE NO WARRANTIES, AND ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. THE SERVICE(S) ARE PROVIDED AS-IS. YOUR USE OF THE SERVICE(S) IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE(S) WILL MEET ANY OR ALL OF YOUR EXPECTATIONS; WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; OR THAT THE OPERATION OF THE SERVICE(S) WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. NO EMPLOYEE OR AGENT IS AUTHORIZED TO MAKE ANY WARRANTY ON OUR BEHALF.

10. LIMITATION OF LIABILITY

1. 10.1. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS TOS OR UNDER ANY OTHER DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE 3 MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

11. INDEMNITY

1. 11.1. We shall indemnify and hold you harmless from, and at our own expense agree to defend, or at our option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that the Services infringe any issued U.S. patent or registered copyright. This indemnification provision is expressly limited to aspects of the Services which are fully owned by us. It does not extend to products or services provided by third parties even if incorporated into the Services. This paragraph will be conditioned on your notifying us promptly in writing of the claim and giving us full authority, information, and assistance for the defense and settlement of that claim. You shall have the right to participate in the defense of the claim at your expense. If such claim has occurred, or in our opinion is likely to occur, you agree to permit us, at our option and expense, either to: (a) procure for you the right to continue using the Services; (b) replace an individual component of the Services with a product or service performing the same or similar function as the infringing aspect of the Services, or modify the same so that it becomes non-infringing; or (c) if neither of the foregoing alternatives is reasonably available, immediately terminate our obligations (and your rights) under this TOS with regard to such Service. This shall be your only remedy, and our only obligation to you, should a third party allege that the Services infringe any issued U.S. patent or registered copyright.
2. 11.2. You agree to indemnify, defend and hold ServerPoint harmless, our parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (a) your use of the Services; (b) any violation by you of any of our policies; (c) any breach of any of your representations, warranties or covenants contained in this TOS; and/or (d) any acts or omissions by you. The terms of this section shall survive any termination of this TOS. For the purpose of this paragraph only, the term "you" as set out in subparagraphs (a) through (d) includes you, End Users, visitors to your website, and users of your products or services, the use of which is facilitated by us.

12. CERTAIN INFORMATION

1. 12.1. Both you and ServerPoint undertake not to disclose to a third party any confidential information which you or ServerPoint receive relating to the contents or performance of this TOS, unless necessary for a party to perform their obligations under this TOS, the Services or the other's business in general, and shall procure that each of its directors and employees shall not do so, except with the prior consent in writing of the other, as required by law, or to the extent to which that information is publicly available or already known to the receiving party at the date of receipt, other than through any unauthorized disclosure by any person.
2. 12.2. Without prejudice to Paragraph 12.1, ServerPoint shall be entitled to mention your name as a client of ServerPoint and the name(s) of products which ServerPoint provides to you with your prior consent.
3. 12.3. If a law or regulation compels disclosure of information we have about you, we are required to respond. We are not required to respond to demands by you that we provide information about your account as part of your litigation. If we agree to do so, we will charge you administrative hourly fee for each hour we spend responding to your request. You will also be charged the fees we are charged by our attorneys in responding to your request.

13. NOTICES

1. 13.1. Any notice to be given by either party to the other may be sent by either support ticket or recorded delivery to the address of the other party as appearing in this TOS or such other address as such party may from time to time have communicated to the other in writing or information on Client Portal. Notices of support tickets opened on behalf of ServerPoint are sent to you by email and shall be deemed received if message does not bounce back.
2. 13.2. You are required to provide notices to us about the Services through the ticket system. We will provide notices to you using the information you provide at the time of the order or in our Client Portal. We have no responsibility for misdirected notices based on your failure to provide correct information.
3. 13.3. Termination notices must be provided to us as set out in paragraph 6.
4. 13.4. Legal Notices to us, which are effective only upon acknowledged receipt, shall be provided to us via certified mail as follows:
   ServerPoint.com Inc. 10620 S. Highlands Pkwy Suite 110-491 Las Vegas, NV 89141

14. RESOLUTION OF DISPUTES AND CHOICE OF LAW

1. 14.1. Any dispute, controversy or claim arising under this TOS shall be resolved in accordance with the procedures set forth in this Section.
2. 14.2. In the event of a dispute between the Parties relating to this TOS, each of the parties shall appoint a designated representative who has authority to settle the dispute and who is at "C" level or above. This appointment will take place no later than 30 business days after the initial request for dispute resolution. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve the dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however, all reasonable requests for relevant information made by one party to the other shall be honored. If the parties are unable to resolve issues related to a dispute within 60 days after a party's request is made, the dispute shall be submitted for arbitration. The arbitration shall take place in Las Vegas, Nevada pursuant to the commercial arbitration rules of the American Arbitration Association. The dispute shall be heard by a single arbitrator who has experience in the field of web hosting. The arbitrator shall not be entitled to award punitive damages or attorneys’ fees.

15. DEFINITIONS

16. MISCELLANEOUS

1. 16.1. If any provision of this TOS or part thereof shall be void for whatever reason, the offending words shall be deemed deleted and the remaining provisions shall continue in full force and effect.
2. 16.2. Your rights and obligations under this TOS are personal to you, and you shall not assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.
3. 16.3. ServerPoint reserves the right to sub-contract any of the work required to fulfill the Services and to assign this TOS.
4. 16.4. Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event later than 10 days from the beginning of the event.
5. 16.5. Any delay or forbearance by either party in enforcing any provisions of this TOS or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
6. 16.6. Paragraph headings have been included in this TOS for convenience only and shall not be considered part of, or be used in interpreting, this TOS.
7. 16.7. This TOS does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
8. 16.8 SURVIVAL. Paragraphs 2.5, 2.10, 5.12, 9.2, 10, 11, 12.1, 12.3, 13, 14, 15, 16.1, 16.8, Section F: 1.9, 1.11 and 2 shall survive the termination of this TOS.

17. TERMS OF SERVICE SPECIFIC TO SERVICES

These are terms of service that are specific to the Services offered by ServerPoint.

Section A – Starter Shared Hosting Services

You may be bound by additional terms and conditions imposed by our licensors. These terms and conditions are also incorporated by reference. We are happy to provide you with these additional terms and conditions upon request.

1. 1. Usage

   Starter Shared Hosting Services are for one user only. You may not resell or lease your Space or portions of your Space.

2. 2. Free Domain Registration

   Only applies to your main domain and not to additional domain names.

3. 3. We have integrated certain services into your Starter plan as set out on the respective Product Page.

   Backups are provided for internal purpose only. You are fully responsible to keep backup of all your files in your personal computer or a service outside of our network.

4. 4. Fair use

   You agree that we have the sole right to decide what constitutes a violation of our Acceptable Use Policy and what is the appropriate severity of any corrective action to be applied. Failure on your part to comply may result in warning, resource usage limitations, suspension or immediate account termination without refund upon our reasonable discretion. You understand and agree that in the event of violation, we may grant you a certain period of time to rectify the issue. If you take no action during this period, the decision becomes binding and final and we will be free to apply corrective actions at our sole discretion. You acknowledge that we can immediately suspend and/or terminate each account that violates the Acceptable Use Policy and will not be responsible for any data loss resulting from such termination of services.

Section B - Premium Hosting Service

You may be bound by additional terms and conditions imposed by our licensors. These terms and conditions are also incorporated by reference. We are happy to provide you with these additional terms and conditions upon request.

1. 1. Usage

   Premium Shared Hosting Services are for one user only. You may not resell or lease your Space or portions of your Space.

2. 2. Free Domain Registration

   Only applies to Main Domain.

3. 3. Add-on Domain Slot

   You may choose host up to 25 websites/subdomains hosted in your Hosting Service. Free Domain Registration only applies to your main domain.

4. 4. Backup

   While we will use reasonable efforts to provide Backups as outlined on our Product Page for the Premium plan, all backups are provided “As-Is,” and are subject to the disclaimers of warranties and limitation of liability set out herein. In the event that you are not satisfied with the outcome of any backup, it shall be your obligation to restore your files and data from your own backup.

5. 5. Fair use

   You agree that we have the sole right to decide what constitutes a violation of our Acceptable Use Policy and what is the appropriate severity of any corrective action to be applied. Failure on your part to comply may result in warning, resource usage limitations, suspension or immediate account termination without refund upon our reasonable discretion. You understand and agree that in the event of violation, we may grant you a certain period of time to rectify the issue. If you take no action during this period, the decision becomes binding and final and we will be free to apply corrective actions at our sole discretion. You acknowledge that we can immediately suspend and/or terminate each account that violates the Acceptable Use Policy and will not be responsible for any data loss resulting from such termination of services.

Section C – Cloud Hosting Service

You may be bound by additional terms and conditions imposed by our licensors. These terms and conditions are also incorporated by reference. We are happy to provide you with these additional terms and conditions upon request.

1. 1. Usage

   Cloud Shared Hosting Services are for one user only. You may not resell or lease your Space or portions of your Space.

2. 2. Free Domain Registration

   Only applies to your main domain.

3. 3. Backup

   While we will use reasonable efforts to provide Backups as outlined on our Product Page for the Cloud plan, all backups are provided “As-Is,” and are subject to the disclaimers of warranties and limitation of liability set out herein. In the event that you are not satisfied with the outcome of any backup, it shall be your obligation to restore your files and data from your own backup.

   4. Fair use

   You agree that we have the sole right to decide what constitutes a violation of our Acceptable Use Policy and what is the appropriate severity of any corrective action to be applied. Failure on your part to comply may result in warning, resource usage limitations, suspension or immediate account termination without refund upon our reasonable discretion. You understand and agree that in the event of violation, we may grant you a certain period of time to rectify the issue. If you take no action during this period, the decision becomes binding and final and we will be free to apply corrective actions at our sole discretion. You acknowledge that we can immediately suspend and/or terminate each account that violates the Acceptable Use Policy and will not be responsible for any data loss resulting from such termination of services.

Section D - Cloud VPS Service

1. 1. Cloud VPS Description

   Our Cloud VPS Services is an infrastructure as a service Service for the changing needs of our customers.

2. 2. Our Responsibilities

   Sale of Bandwidth - We agree to sell to you the amount of bandwidth specified in your Order.

   Connection to Our Network – You have the right to connect to our network, using the Equipment, on a 24 x 7 basis, except as limited by this TOS.

   IP Address - We will provide, at no cost to you, one primary IP addresses by default, which will be subject to change at any time. You have no ownership of the IP addresses provided to you.

   Access - You will have no physical access to the Equipment. You will be provided administrative Secure Shell (SSH) or Remote Desktop (RDP) access to your service.

   Use – While the Equipment may appear to be dedicated solely to your use, its use will be shared with other customers within the same Equipment.

3. 3. Your Responsibilities

   Your use of the Equipment is not exclusive. You will take no actions to limit the use of the Equipment by our other customers or other entities in general. You will not alter, nor attempt to alter, mechanisms, including software, implemented by us to facilitate the sharing of a server. You understand that certain aspects of the Cloud VPS Service, designed to facilitate use by multiple parties, may affect your use and administration of the Equipment. You may not terminate this TOS based on the implementation of these features.

Section E – Dedicated Servers

1. 1. Dedicated Server

   The particular services you choose to be provided by us are set out in your Order, described on the Product Pages, and referred to as the “Dedicated Service.” The Dedicated Product features, access speeds and other items you have initially selected are set out on your Sales Receipt.

2. 2. Our Responsibilities

   Sale of Bandwidth - We agree to sell to you the amount of bandwidth specified in your Order.

   Connection to Our Network – You have the right to connect to our network, using the Equipment, on a 24 x 7 basis, limited by this TOS.

   Access - You will have no physical access to the Equipment. You will have full administrative access to the Equipment.

3. 3. Backup

   You may add backup service to your dedicated server. The daily backup is created via a third party software and is provided on an “as is” and “as available” basis. It may be discontinued at any time, and may not always be available. You agree to hold ServerPoint harmless of any backup failures that result from failure of the backup software or any hardware failure that may result in a loss of backups.

   In the event that you are not satisfied with the outcome of any Backup, it shall be your obligation to restore your files and data from your own backup.

4. 4. Minimum Term

   There is a 12 month minimum contract on dedicated servers with custom configurations, on servers with discounted pricing and on Colossus Enterprise Dedicated Servers and/or on any other special equipment requested.

Section F - Service Level Agreement SLA

Section G - Domain Name Registration

1. 1.1. For specifics regarding policies of domain names, their renewals, and information on termination or cancellation of a domain name, please refer to our Domain Name Services Agreement page.

Section H - Private SSL Certificates

We are pleased to offer private SSL certificates to you, through various providers, if set out on your Order (Private SSL Certificates). To use the Private SSL Certificates, you must be a current customer and:

1. 1. Place the corresponding SSL certificate order, for services that do not include an SSL certificate.
2. 2. Agree to the terms and conditions set by the respective Private SSL providers at their websites.
3. 3. Have a dedicated or shared IP address.
4. 4. Agree that ServerPoint shall represent you before the SSL providers for the purpose of approving SSL certificate orders or renewals on your behalf. This may involve logging into the email account you have provided for SSL verification purposes and approving the SSL certificate.
5. 5. Agree that if you do not complete the SSL confirmation process up to 5 business days after your initial SSL activation request, your SSL activation request will be canceled and no refund will be due.

6. 6. Promotional SSL certificates

   6.1. SSL certificates may be provided at a lower price as part of a special promotion for a Term set out on your order (the Promotional Term). Such certificates are available to use only as long as the SSL is installed under an IP address of the ServerPoint network. If you attempt to transfer away an SSL during its Promotional Term, the discount or other benefit provided by the special promotion will be removed, and your service will be re-billed as if it had been set up without the special promotion. If this results in additional fees, you will be charged for those fees.

Section I - Backup Services

We provide Backup Services to certain Services on a reasonable efforts basis. Backup Services are provided as is and are subject to all warranty disclaimers and limitations of liability set out herein.

1. 1. Backup Creation

   Although ServerPoint makes reasonable effort to make daily backups of its Shared Hosting Service as well as Cloud VPS Service, backup creation might fail due to various unforeseen hardware and software failures, for which ServerPoint bears no responsibility. Cloud VPS backup service can be configured in Client Portal.

2. 2. Backup Copies

   We keep a limited number of backup copies of your account. Depending on the type of hosting and the type of backup service you have subscribed for you may have access to only 1 copy or more. In case of service transition from one service to another, old backup copies created as part of the previous service are deleted and new backups as part of the new service start to be created.

3. 3. Backup Restore

   We are pleased to provide you with Backup Restore services. Such services are not included in your Service Fees and can be ordered at an additional expense. Depending on the type of Backup Service, for which the customer subscribed, backup restore tools might be provided at customer's disposal free of charge.

   1. 3.1. Restore from ServerPoint backups

      ServerPoint acts in good faith to backup data on your Service daily. Data restore from ServerPoint copies is provided on an as is as available basis. If we do not have any backup copy of your data, we shall refund any prepaid fees for the backup restore service.

   2. 3.2. Restore from custom Backup file

      ServerPoint shall attempt to restore your data from a custom backup file as set out on your order for Backup restore services. We may refuse to restore your data, if in our reasonable opinion such restore will result in security risk or will alter the performance of our Server to the detriment of other customers. Such service is subject to hourly fees. Fees associated with restoring an service from customer Backup files are due immediately and are non-refundable.

Section J - Unlimited Disk Space and Bandwidth

Unlimited web space on any Shared Hosting plan applies to use of web pages only (html, images that are part of a website page, php, etc.) All other files are considered as Premium storage, and allowing the storage of such files is at the discretion of ServerPoint. The purpose of an ServerPoint Shared Hosting Service is to host web sites. Using a hosting service primarily for online file storage or archiving electronic files is prohibited. To ensure fast & reliable service to all of our shared hosting clients, services that adversely affect server or network performance must correct these issues or will be asked to upgrade to a virtual or dedicated server. In the event that you exceed the allocated space quota, ServerPoint will limit your file upload service and send you an email warning to the authorized email address on file. If you do not take action to comply with the overage warning and the terms and deadlines specified in the warning email, ServerPoint reserves the right to suspend your service or terminate this Agreement without liability to you.

Customers on any shared hosting plan will ensure that neither you nor any of your End Users makes excessive or wasteful use of the Server to ServerPoint's detriment or that of ServerPoint's other customers. The terms "excessive" and "wasteful" are defined by our experience with similarly situated customers. This means that your use of bandwidth may not exceed that of similarly situated customers. Unlimited bandwidth use applies to your use of web pages only (html, php, etc.), not for storage of movies, music files or any other files of a size far in excess of a standard HTML pages. If the contents of your Space regularly generate more server traffic than is deemed acceptable by ServerPoint, ServerPoint shall send you an email warning to the authorized email address. If you do not take corrective action or comply with an excessive traffic usage warning we have sent by email within the specified time frame, ServerPoint reserves the right to terminate this Agreement without liability to you.

Dedicated and Cloud Hosting Services have a set bandwidth allocation applicable to each Service, as set out on the Product Page. If in any calendar month you use bandwidth over that basic allocation, your service may be limited and an overage fee will be charged.

Unused bandwidth may not be carried over from month-to-month.

ServerPoint will monitor Customer's bandwidth and disk usage. ServerPoint, in its sole discretion, shall have the right to take any corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage or other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of Customer’s Web site, Customer Content, Customer's electronic mail services and/or other materials or termination of this Agreement, which actions may be taken in ServerPoint’s sole and absolute discretion. If ServerPoint takes any such corrective action under this section, Customer shall not be entitled to a refund or credit of any fees paid prior to such action. Customer will comply with all applicable laws, rules and regulations regarding Customer’s Web site, Customer Content and/or Customer's electronic mail services and will each, including bandwidth, disk space and other resources only for lawful purposes.

Section K - Other Fees

1. a. If any check is returned for insufficient funds, ServerPoint will impose a minimum processing charge of $25.00.
2. b. Wire/Bank transfers will be assessed a minimum charge of $35.00.
3. c. There may be a minimum charge of $35.00 per credit card chargebacks.
4. d. There may be a minimum charge of $35.00 per paypal disputes.
5. e. For special administrative work, ServerPoint will charge Customer $45.00/hour as administrative fee.
6. f. In the event an invoice remain unpaid past the due date:
   1. i. For Shared Hosting services: (10) days after payment is due, ServerPoint will suspend Service. Service will be terminated (30) after payment became due and other services/account may be affected.
   2. ii. For Cloud VPS hosting services: (3) days after payment is due, ServerPoint will suspend Service. Service will be terminated (20) after payment became due and other services/account may be affected.
   3. iii. For Dedicated hosting services: (3) days after payment is due, ServerPoint will suspend Service. Service will be terminated (7) after payment became due and other services/account may be affected.
7. g. ServerPoint will charge Customer a late fee of $25.00 to activate a suspended services; in addition, any amounts payable to ServerPoint not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.
8. h. ServerPoint will charge Customer a termination fee of $50.00 to activate a terminated service due to policy or lack of payment; in addition any amounts payable to ServerPoint not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.
9. i. There may be a minimum charge of $100.00 to restore a service from one of our backups, if available.
10. j. Backups will be deleted from our system once service is terminated or cancelled.

Section L - Disclaimer

• 1. ServerPoint is not responsible for any damages your business may suffer.
• 2. ServerPoint denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ServerPoint.
• 3. The Customer will not use its network nor space provided by ServerPoint to violate any law. In the event Customer violates existing law, ServerPoint shall have the right to terminate all service set forth in this Agreement. In the event ServerPoint is informed by government authorities of inappropriate or illegal use of ServerPoint facilities or other networks accessed through ServerPoint, ServerPoint may terminate customer's Service.
• 4. ServerPoint will cooperate fully with investigations of violation of systems or network security at other sites.
• 5. ServerPoint will cooperate with law enforcement authorities in the investigation of possible criminal violations.
• 6. Customers who violate systems and/or network security, may incur in criminal or civil liability.
• 7. ServerPoint reserves the right to amend its policies at any time. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.