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Terms and Conditions This Terms of Service (the "Agreement") is a legally binding contract between New Media Solutions, LLC aka myFloridaHost and myFloridaHost.com (the "Company") and you (the "Customer") that shall govern the purchase and use, in any manner, of services provided by the Company to the Customer (collectively, the "Services"). By purchasing or using the Services in any manner, the Customer represents that he has read, understand, and agrees to all terms and conditions set forth in the Agreement, and that he is at least eighteen (18) years old and has the legal ability to engage in a contract in the State of Florida. If the Customer does not accept the Agreement and all terms and conditions set forth within, he should not purchase or use, in any manner, Services from the Company or, if he has already purchased Services, he should contact the Company immediately to terminate the Agreement. It is further understood that the Agreement is subject to change from time-to-time, in whole or in part, without prior notice. Term of Agreement The Agreement becomes effective immediately upon submission of an order by the Customer for a period of time as specified on the original order form (the "Billing Term"). Following the expiration of any Billing Term, the Agreement shall automatically renew for an equivalent period of time unless terminated by either party as outlined below. Payment and Fees Paypal and Google Checkout: The Company will automatically generate an invoice and deliver it to the account email address on file 14 days prior to the invoice due date. If an account becomes past due, the account will be automatically suspended following a 5-day grace period. Once an invoice becomes 30 days past due, the account will be automatically terminated, resulting in all content (emails, website files, databases, etc.) to be permanently deleted. It is the Customer's reponsibility to pay the invoice by the due date noted on the invoice. Invoices paid later than 5 days past the due date are subject to late fees in the amount of $10.00 USD. Credit Card on File: The Company will automatically bill the credit card on file for the Customer on the first day of each Billing Term. All fees are billed in United States Dollars ("USD") and are subject to change at anytime with thirty (30) days prior notice to the Customer. It is the responsibility of the Customer to ensure that the credit card information on file with the Company is accurate and has sufficient funds for processing. Any account not paid in full by the end of the fifth day of the Billing Term will be subject to a "Late Penalty" of $10.00 USD. Following five (5) days of non-payment, the Company reserves the right to suspend Services, and to subsequently terminate Services after thirty (30) days following the due date of Services. The Company is not responsible for any damages or losses as a result of suspension or termination for non-payment by the Customer. Refund Policy We offer a seven (7) day trial on our shared hosting service. As a result, we do not offer refunds on any paid hosting services. In additon, no refunds are offered on virtual dedicated servers or dedicated servers, setup fees, domain registration, SSL certificates, dedicated IP addresses, or software licenses. Refunds are not offered for accounts that are suspended or terminated for violating the Agreement. If the Customer previously had Services with the Company, whether or not a refund was ever received, the Customer would not be eligible for a refund. The Company reserves the right to refuse a refund at anytime for any or no reason. Collections Agency Any account that remains unpaid after thirty (30) days may be submitted to an outside collections agency and reported to all major credit bureaus. The Customer agrees to pay a "Collections Fee" of $35.00 USD in the event that his account is submitted to an outside agency for collections. If further civil or criminal actions are deemed necessary to collect a debt, the Customer agrees to pay all associated costs including court costs and reasonable attorney's fees. Chargebacks, Reversals, and Retrievals All disputes and overcharges must be reported directly to the Company, in writing, within thirty (30) days. Any Customer that initiates a chargeback, reversal, retrieval request, or other dispute with their credit card issuing bank and/or PayPal ("Dispute") will be immediately suspended or terminated pending investigation. The Customer agrees to pay a "Research Fee" of $35.00 USD per Dispute regardless of the actual validity of the charge. Cancellation of Services The Customer may cancel service by providing no less than forty-eight hours (48) hours prior notice by completing our cancellation form located within our support area. Company does not accept cancellations via telephone, email, live chat, or any other method except the cancellation form. If cancellation notice is not received within the required timeframe, the Customer will be billed for the next Billing Term and responsible for payment as set forth above. Suspension or Termination of Services The Company reserves the right to suspend or terminate the Agreement and all associated Services at anytime without notice and for any or no reason including, but not limited to, breach of any provision of the Agreement. The Company is not responsible for any damages or loss of data resulting from such suspension or termination. Resource Usage Each customer is required to utilize available server resources so as to allow for reasonable performance by all Company customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. The Company reserves the right to suspend Services on any account that, at our sole discretion, is abusing server resources. Such suspension can occur at anytime without prior warning. Uptime Guarantee The Company guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month. If we fail to meet our Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service. Credits are available only for future services/invoices and will not be issued as refunds. Requests sent via email or support ticket will not be accepted. All credit requests must be sent via our official request form within our support area no later than the tenth (10th) day of the month following the SLA violation. Credits are issued based on the uptime for the previous calendar month only. For example, if you experienced less than 99.9% uptime in the month of November, you would need to submit your request for credit no later than December 10th. Requests not submitted within the required timeframe will not be accepted - no exceptions. The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: Scheduled maintenance, DDoS or similar attack, hardware failure, third-party software failure, customer fault/error, issues with customer ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. This clause does not apply to subscribers of Virtual Dedicated Server (VDS) or Dedicated Server packages. We reserve the right to deny any credit request for any or no reason. Support Policy The Company will provide technical support to the Customer 24/7/365 with the exception of few holidays and brief company meetings. The only official method for technical support is via our Support Tickets system. Telephone and live chat support are not official methods of support and are governed by the terms and conditions set forth in the following clause. Telephone / Live Chat Support Policy Limited support will be provided, at our discretion and subject to availability of staff, via telephone and/or live chat. Telephone and live chat support are not official methods of support and no guarantee is made as to the availability, accessibility, or technical expertise provided via these mediums. Any inquiries via telephone or live chat support must be limited to general questions which do not require access to any account or server to investigate or resolve; and may not be used to request the status of or provide updates to a helpdesk ticket. Any issue requiring investigation, research, or access to an account/server must be sent via the helpdesk. We reserve the right to direct any issue to the helpdesk at our discretion and to refuse to provide support for such issue via telephone or live chat. Telephone and live chat support are considered to be privileges that are subject to revocation at our discretion for any or no reason. Advanced Support Policy Support is limited to our area of expertise and is available only for issues related to the physical functioning of the Services. We do not provide support for any 3rd party software including, but not limited to, software offered by but not developed by the Company. We reserve the right to refuse assistance with and/or assess an "Advanced Support Fee" of $65.00 per hour (1 hour minimum) for any issue that, at our sole discretion, is: (a) outside the scope of standard support; or (b) caused by client error. Support Abuse Abuse directed towards our staff will not be tolerated. If you use foul language, threaten us, or do anything else that we may find offensive, you will be subject to, at the Company's sole discretion, suspension or termination of Services without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or chargeback. Acceptable Usage Policy The Client shall use the Company's services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of the State of Florida, State of Texas, or the United States is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets or other statutes. The Client agrees to indemnify and hold harmless the Company from any claims resulting from the use of the service which damages the Client or any other party. The following contents, links, or actions on any Services would constitute a violation of the Agreement: All accounts are subject to the following restrictions on storage space usage: Client expressly agrees that use of the Company's services is at the Client's sole risk. Neither the Company, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that the Company's services will not be interrupted or be error-free; nor do they make any warranty asto the results that might be obtained from the use of the services or as to the accuracy, or reliability of any information service or merchandise contained in or provided through our network, unless otherwise expressly stated in this agreement. Client also acknowledges and accepts that any damages will be limited to no more than 100% of the equivalent of one (1) month of service. Backups As an added no-charge service, the Company performs occasional backups of its servers that house its webhosting and reseller packages. No backups are performed for virtual private server (VPS) or dedicated server packages, unless the Customer specifically purchases an additional service for this purpose. Any and all backup services provided by the Company are offered with no warranty or guarantee of their date, accuracy, and integrity. The Customer agrees to maintain a backup of their data at all times on equipment not maintained by the Company or its affiliates. Should the Customer fail to retain a backup of their data during an instance of data loss or corruption, and the Company does not hold a recent or valid copy, the Customer agrees to not hold the Company liable, as defined in the section "Limitation of Liability". Limitation of Liability Under no circumstances, including negligence, shall the Company, its officers, agents or any one else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Company's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all contents on all servers. Indemnification Client agrees that it shall defend, indemnify, save and hold the Company harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees ("Liabilities"), asserted against the Company, its agents, its Clients, servants officers and employees, that may arise or result from any Services provided, or performed, or agreed to be performed; or any product sold by the Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless the Company against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (ii) any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Company's servers. Governing Law and Disputes This agreement shall be governed by the laws of the State of Florida, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of or relating to this agreement shall be the state and federal courts in Hernando County, Florida, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto. Partial Invalidity If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. The Company and the Client agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision. |
