Terms of Service
By submitting the online order form, or by using ADMedia Hosting’s
service, Customer hereby agrees to ADMedia Hosting’s Terms of Service (TOS),
Acceptable Use Policy (AUP), No Spam Policy (NSP), and Privacy Policy.
Unless otherwise specified, in this TOS, the AUP, the NSP, and the
Privacy Policy, the usage of “us”, “we”, “our”, and “ours” shall refer to
ADMedia Hosting, Inc., a Maine corporation, and all its parents, subsidiaries,
successors, and assigns. The usage of “you”, “your”, “they”, and “them” shall
refer to the Customer of ADMedia Hosting, Inc.
Moreover, in this TOS, the AUP, the NSP, and the Privacy Policy,
“ADMedia Hosting” shall refer to ADMedia Hosting, Inc., a Maine corporation,
and all its parents, subsidiaries, successors, and assigns; unless otherwise
specified, “ADMedia Hosting” and “ADMedia Hosting, Inc.” shall have the same
meaning and shall be interchangeable.
Customer agrees that it shall comply with this TOS, ADMedia
Hosting’s Acceptable Use Policy (AUP), and ADMedia Hosting’s No-Spam Policy
(NSP). Customer further agrees that it has read ADMedia Hosting’s Privacy
Policy and agrees to all the terms and conditions in the Privacy Policy. In
this document, the word “Agreement,” with a capital “A,” refers to the TOS, the
AUP, the NSP, and the Privacy Policy collectively.
1. General Terms.
In consideration of hosting
services to be delivered, Customer agrees to be bound by the following terms
and conditions:
1.1. Customer agrees
to pay, in advance of each monthly service term, for hosting services to be
rendered.
1.2. Customer agrees
to be bound by the service term selected on the online order form or via
applicable promotional codes that may require Customer to order ADMedia
Hosting’s service for a certain minimum period of time.
1.3. Customer agrees
to a no-refund policy in advance. Setup fees and monthly web hosting service
fees are non-refundable.
1.4. Non-Payment of
services shall result in a 5-day notice of disconnection. All payment failures
must be cured within 5 business days from invoice due date or account will be
suspended. Account termination will result from invoices overdue for 30 days.
1.5. ADMedia Hosting
is not and shall not responsible for data integrity for any accounts that are
terminated, disconnected, or interrupted because of Customer’s failure to pay
for ADMedia Hosting’s services.
1.6. Customers agree
to pay all taxes applicable to your account.
2. Agreement for Services.
2.1. ADMedia Hosting
will provide, and Customer will purchase and pay for, the Web hosting services
(the “Services”), according to the service fees specified in the Order for the
applicable Service Description. Customer acknowledges that the service, and
service fees have been communicated to the Customer, and that Customer is aware
of all applicable charges as per the Agreement. Customer also understands that
no promotional offers will apply to their individual service unless said
promotional offers are specified in this Agreement.
3. Payment.
3.1. Establishment
and provision of service is contingent upon receipt of payment from Customer to
ADMedia Hosting.
3.1.1.
Customer must pay in full for the
Services before ADMedia Hosting begins to provide the Services to Customer.
Invoices are generated 5 days before renewal and customer agree that if paying
by credit card, recurring billing will be billed and charged automatically on
the date the invoice is generated and that ADMedia Hosting may apply the amount
due at any time to the credit card listed on file.
3.1.2.
Setup fees will be charged and are
due at the time of the Customer’s initial request of the Services requiring
setup.
3.2. Payment is due
on the defined monthly recurring billing date of each month. All returned
checks will be charged a $20.00 service fee. Service will be interrupted on
accounts that reach 5 days past due. Accounts that are not collectable by
ADMedia Hosting will be turned over to an outside agency for collection. If
your account is turned over for collection, you agree to pay to ADMedia Hosting
a “Processing and Collection” Fee of not less than Fifty ($50.00) Dollars nor
more than One Hundred Fifty ($150.00) Dollars.
4. Delinquent Accounts.
ADMedia Hosting may
temporarily deny service or terminate this Agreement upon failure of Customer
to pay charges when due. Such termination or denial will not relieve Customer
of responsibility for the payment of all accrued service fees, and any
collection fees to which ADMedia Hosting may be entitled under this Agreement
or under applicable law.
5. Account Cancellation.
Customers may voluntarily cancel their account at any time, for
any reason or for no reason, by filling out the “Cancellation Request Form”
which is provided on the ADMedia Hosting Web site. You can find the
“Cancellation Request Form” at the following Web page:
http://www.hostingzoom.com/forms/cancellation.html
Once a Customer has cancelled their account before the renewal
date, no more charges will be billed to the account. Cancellations on or after
renewal will be charged renewal fees.
Paypal paying customers cancelling their paypal subscription
payment does not warrant cancellation of service. All cancellations must go
through the cancellation form.
Customer can terminate their account for any reason or for no
reason. However, Customer understands and agrees that ADMedia Hosting does not
provide pro-rated or any other kinds of refunds on cancellations. All fees
Customer has paid shall be nonrefundable.
6. Refunds and Disputes.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6,
ALL PAYMENTS TO ADMEDIA HOSTING ARE NONREFUNDABLE.
All payments to ADMedia Hosting are nonrefundable. This includes
any setup fees and monthly fees regardless of usage. All billing disputes must
be reported within thirty (30) days of the time the dispute occurred. Disputed
charges to your credit card issuer, also known as chargebacks, which, in
ADMedia Hosting’s sole discretion, are invalid under the terms and conditions
of this Agreement, will result in service interruption, and reconnection fees
to restore the desired service.
Without waiving any of its other rights under this Agreement,
ADMedia Hosting offers to its Customers a 30-day money-back guarantee on fees
for hosting services only (the “30-Day Guarantee”). If for any reason you
cancel your account by filling in the account cancellation form and submitting
it to ADMedia Hosting, within thirty (30) days of the beginning of your
service, ADMedia Hosting will refund your money with no questions asked;
provided, however, that you have never previously obtained a refund under the
30-Day Guarantee. If you have ever previously obtained a refund under the
30-Day Guarantee, your account will be canceled, but no money will be refunded
to you.
Please note that the amount refunded to you will be the amount you
paid for hosting services only, and will not include any of the following fees:
* Setup fees,
* Fees for domain name registrations,
* Fees charged for exceeding your allotted disk storage space
or bandwidth,
* SSL certificate fees,
* Web design fees,
* Web site marketing fees,
* Any add-on services, features, software, and
* Any other fees for services involving a third party.
The 30-Day Guarantee is subject to all of the following
limitations:
6.1 You are entitled to a maximum of one (1) 30-Day
Guarantee.
6.2 If you do not cancel your account within thirty (30)
days of the beginning of your service, your right to the 30-Day Guarantee shall
expire forever and may not be revived under any circumstances, without the
prior express written approval of ADMedia Hosting.
6.3 You may not transfer or assign the 30-Day Guarantee
to any third party.
6.4 You agree that you will not circumvent the
restrictions on the 30-Day Guarantee described in this document, or attempt to
circumvent those restrictions by any means, including, but not limited to, the
following actions:
6.4.1 Creating multiple accounts, using the same
customer name or different customer names;
6.4.2 Canceling your account for the sole purpose
of obtaining a refund and then registering for a new account;
6.4.3 Organizing multiple business entities or
using assumed business names for the purpose of circumventing these
restrictions;
6.4.4 Knowingly providing false or misleading
information when you register for your account; or
6.4.5 Requesting a refund under the 30-Day
Guarantee at any time after you have already received a refund under that
guarantee.
6.4.6 If you violate any provision of any of the following
policies of ADMedia Hosting, you will not be eligible for the 30-Day Guarantee:
+ Terms of Service (TOS);
+ Acceptable Use Policy (AUP); or
+ No-Spam Policy (NSP).
Changes to your service, including, but not limited to, adding new
services, removing services, or changing the type of hosting plan you have do
NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee
applies to your first order of Web hosting services from ADMedia Hosting and
does not apply to any changes to your service at any time.
7. Customer agrees not to engage in any
activity that violates any international, foreign, federal, state, or local
laws applicable to the service terms described in this Agreement.
8. ADMedia Hosting reserves the right to
discontinue service to any Customer it deems, in its sole discretion, violates
any condition of service including, but not limited to, the following:
8.1. the Acceptable
Use Policy, or
8.2. the No-Spam
Policy.
9. Customer agrees to defend, indemnify,
and hold harmless ADMedia Hosting, and the parents, subsidiaries, successors,
assigns, employees and agents of ADMedia Hosting against any losses, claims,
damages, liabilities, penalties, actions, proceedings or judgments
(collectively, “Losses”) to which an indemnified party may become subject and
which Losses arise out of, or relate to this Agreement or Customer’s use of the
Services, and to reimburse an indemnified party for all legal and other
expenses, including reasonable attorneys’ fees incurred by such indemnified
party in connection with investigating, defending, or settling any Loss whether
or not in connection with pending or threatened litigation in which such
indemnified party is a party.
10. ADMEDIA HOSTING SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES
FOR
10.1. ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY
DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF
DATA RESULTING FROM THE USE OF ADMEDIA HOSTING’S SERVICES BY CUSTOMER OR ANY
THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
10.2. ANY
LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE
INTERRUPTIONS.
11. ADMEDIA HOSTING PROVIDES THE SERVICES AND
PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
ADMEDIA HOSTING DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY
RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF
THE SERVICES AND ADMEDIA HOSTING SHALL HAVE NO LIABILITY THEREFOR.
12. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADMEDIA
HOSTING DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS,
EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH,
THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR
NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
13. ADMEDIA HOSTING DOES NOT ASSUME ANY LIABILITY FOR
THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR
MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE
INTERNET.
14.No Waiver of Rights by ADMedia Hosting.
Any failure by ADMedia
Hosting to enforce this Agreement in every instance in which it might apply
does not amount to a waiver of any of ADMedia Hosting’s rights.
15. Arbitration.
ANY CONTROVERSY OR CLAIM
ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF
$250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL
ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT UPON
THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT
JURISDICTION.
16. Notices.
16.1. From
ADMedia Hosting to Customer.
ADMedia Hosting will notify
you by e-mail of any notices that ADMedia Hosting is required to provide to you
under this Agreement, at the most current e-mail address you have provided to
ADMedia Hosting.
By entering this Agreement, you consent to receive notices by
e-mail. You are solely responsible for ensuring that ADMedia Hosting has your
most current e-mail address, and ADMedia Hosting shall not be responsible for
any lost, misdirected, bounced, forwarded, or undeliverable e-mail that ADMedia
Hosting sends to the most current e-mail address you have provided to ADMedia
Hosting.
16.2. From
Customer to ADMedia Hosting.
Unless otherwise specified in this Agreement, notices to ADMedia
Hosting shall be sent to the following address:
ADMedia Hosting
400 Commercial St.
Suite 201
Portland, ME 04101
17. Governing Law.
This Agreement shall be
governed by and construed in accordance with the laws of the State of Maine,
without regard to choice of law or conflicts of law provisions that would cause
the application of the law of another jurisdiction.
18. Currency.
All monetary amounts to
which this Agreement refers shall be in United States dollars.
19. Entire Agreement.
This Agreement, including
all of its component parts, comprises the entire agreement between you (the
Customer) and ADMedia Hosting, and supersedes any prior or previous agreements
between you and ADMedia Hosting with respect to the subject matter of this
Agreement; provided, however, that you agree that you shall be subject to any
additional terms and conditions of which ADMedia Hosting notifies you from time
to time, pursuant to this Agreement.
20. No Oral Modification of this Agreement.
This Agreement may not be
modified orally.
21. Assignment.
21.1 Customer shall not
assign or attempt to assign its obligations under this Agreement without
ADMedia Hosting’s prior and express written consent to such assignment.
21.2. ADMedia
Hosting may assign any or all of its rights and obligations under this
Agreement at any time without prior notice to or consent of Customer.
22. Consent to Jurisdiction; Venue.
Jurisdiction and venue for
arbitration or litigation of any dispute, controversy, or claim arising out of,
in connection with, or in relation to this Agreement, or the breach thereof
shall be proper only in a venue determined ADMedia Hosting.
23. Choice of Law.
For all purposes, this
Agreement shall be deemed to have been made within the State of Maine, United
States of America. This Agreement shall be governed by the laws of the United
States of America and the laws of the State of Maine, without regard to Maine’s
choice of law and conflicts of law rules, and ADMedia Hosting and Customer each
submit to the exclusive jurisdiction of the courts of Cumberland County, Maine,
or to the United States District Court for the Southern District of Maine,
should any claim or question arise under Federal law or federal jurisdiction
based upon diversity of citizenship.
24. Force Majeure.
ADMedia Hosting shall not
be liable or deemed to be in default for any delay or failure in performance
under this Agreement or interruption of service resulting directly or
indirectly from acts of God, civil or military authority, acts of public enemy,
war, terrorism, riots, civil disturbances, insurrections, accidents, fire,
explosions, earthquakes, floods, the elements, strikes, labor disputes,
shortages of suitable parts, materials, labor or transportation, magnetic
interference, interruptions of electrical power or other utility service,
unavailability of any telecommunications or wireless service or connection to
any telecommunications or wireless service, or any cause beyond the reasonable
control of ADMedia Hosting.
25. Severability of Terms of this Agreement.
In the event that any
portion of this Agreement is held to be unenforceable, the unenforceable
portion shall be construed in accordance with applicable law as nearly as
possible to reflect the original intentions of the parties hereto, and the
remainder of the provisions shall remain in full force and effect.
26. Limitation of Actions Arising Under this Agreement.
Any cause of action you may
have with respect to ADMedia Hosting’s performance or alleged non-performance
of this Agreement must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is forever barred.
27. Denial of Service
ADMedia Hosting reserves
the right to refuse or discontinue service to anyone at our sole discretion.
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