Web Hosting Terms and Conditions
Last Updated: August 15, 2021
The following terms and conditions (“Terms and Conditions” / “Terms” / “Terms of Service”) apply to the provision of Amata Agency, LLC (“Amata Agency” / “AmataAgency.com”) Hosting Services (“Service” / “Services”) and to Customers who order Amata Agency web hosting services (“Customer” / “Customers”).
1. AMATA AGENCY OBLIGATIONS
Amata Agency agrees to provide ordered Services to the Customer in accordance with the conditions set forth in these Terms and Conditions of Service.
2. CUSTOMER OBLIGATIONS
2.1 The Customer agrees to (i) abide by all applicable laws, (ii) comply with Amata Agency Terms and Conditions, (iii) pay all Service fees by their due date, (iv) cooperate with any Amata Agency investigations including but not limited to suspected violations of these Terms and Conditions of Service, and (v) make sure their Amata Agency account information is accurate and complete.
2.2 The Customer shall not resell, sub-lease or give away any Amata Agency Services unless using an approved Reseller Account that specifically allows these activities. Amata Agency Resellers are responsible for all uses of their Services, whether by the Customer or any other third-party. The Customer agrees to indemnify, defend and hold harmless Amata Agency and any of Amata Agency’s providers from and against any claims, especially when the result of the Customer’s failure to comply with these Terms and Conditions.
2.3 The Customer agrees that any support or advice provided by Amata Agency is on an “AS IS” basis. Amata Agency support makes every reasonable effort to ensure that their recommendations and technical help will not result in the loss of any data, website downtime, or any other errors. However, Amata Agency has no liability for any losses or damages that may result from the use of our complimentary support.
2.4 The Customer is responsible for all data stored by Amata Agency Services. Complimentary account backups are generated on a periodic basis for all accounts, but it is the responsibility of the Customer to maintain these backups and ensure that they are safely stored outside of Amata Agency’s network to safeguard the Customer’s data in the event of system or network failures, acts of god or even human error. Amata Agency has no liability for lost or corrupted Customer data.
2.5 The Customer is responsible for the security and content of all data stored in Amata Agency’s hosted environment. Customer retains all exclusive property rights over their account data. The customer is solely responsible for mitigating risks with transmitting data stored on the Amata Agency hosted environment and must encrypt all sensitive data at the application level according to applicable laws.
2.6 The Customer is responsible for securing all authentication procedures that can allow access to the Customer’s account and is not allowed to provide account access to any third party.
2.7 The Customer’s use of Amata Agency Services is limited to the conditions of the Acceptable Use Policy outlined in section 3 of these Terms and Conditions.
2.8 In the event of any breach of data, Amata Agency systems, or any unauthorized account access, the Customer is required to notify Amata Agency immediately and cooperate with any related investigations performed by Amata Agency to resolve the reported breach.
3. ACCEPTABLE USE POLICY
3.1 The Customer must abide by all laws and any other policies that apply to our Services. This includes laws at all levels such as but not limited to international, federal, state, or local jurisdictions that apply where the Customer resides or does business and where Amata Agency does business. Laws governing the use of unsolicited electronic communications, privacy, and data protection are among the most important of these, even though this is not to be considered a complete listing of all laws that must be followed using our Services.
3.2 The Customer is responsible for any usage of its Services, whether performed directly or by any other user or party accessing their Services. Therefore, the Customer agrees that the Services will not be used for any illegal activity or other activities not allowed. These illegal and unauthorized activities include but are not limited to:
a. Any activities that violate the CAN-SPAM Act. CAN-SPAM prohibits unsolicited pornography and marketing practices, often called Spamming, which can include but isn’t limited to activities such as sending any kind of unsolicited outbound electronic communications like bulk email, junk mail, commercial email, instant messages, and mobile phone messages. Email address harvesting, unsolicited email address collection, and single opt-in mailing lists without message retention and/or links to unsubscribe are also not allowed.
b. Any activities that violate the Digital Millennium Copyright Act. The “DMCA” prohibits the unauthorized use or reproduction of content that you do not own without the explicit written permission of the copyright owner. If Amata Agency receives DMCA complaints against your hosted content, you will be required to remove it within 48 hours of being notified of the complaint. Repeated violations will result in the immediate termination of Services.
c. Any activity intended to harm, deceive or infiltrate others, other companies, or other computer systems such as but not limited to trademark infringement and copyright infringement, sharing or pirating software illegally, harassing, spamming, and especially illegal activities like hacking/phishing/identity theft / financial fraud/malware usage/spyware or virus distribution/networking attacks.
d. Any unauthorized access to or use of a system or network without the express authorization of the owner. This includes but is not limited to testing security vulnerabilities, attempting any kind of security breach, or monitoring data or traffic.
e. Any gambling activities that can be considered a violation of any applicable laws.
f. Covert and deceitful activities such as but not limited to: (i) gathering or transmitting information about a user through means such as distributing software, scamming, phishing, spidering, or harvesting; (ii) email sending or newsgroup posting with any kind of fake or misleading TCP-IP header information; (iii) the act of or intention to omit or cloak identity or contact information such as return and IP addresses; (iv) any malicious activity using public proxies, IRC or any application layer protocol.
g. Any activities that will overload Amata Agency server resources or interfere with the normal operation of the shared system including, without limitation, bitcoin mining, data scraping, large file hosting, and video streaming at large volumes or file sizes.
h. Intentionally introducing a virus or any other kind of malicious code into the Amata Agency servers, systems, or network.
i. Any action that causes Amata Agency, Amata Agency’s IP space or the Customer to be listed on any abuse database or registry. This can include Spamhaus’ email blacklisting database, the Register of Known Spam Operations, or any other recognized abuse authority.
j. Any content containing harassing speech, hate speech, violent acts, threatening violence, or even encouraging violence.
k. Any kind of interference with Amata Agency Services for any users such as but not limited to DDoS attacks, mail bombing, flooding, or other kinds of deliberate attempts to overload a system.
l. Any other action or activity that is illegal or even solicits illegal conduct under laws that are applicable to you, your company, or Amata Agency.
3.3 The Customer may not use any Amata Agency shared systems in any way that interferes with the normal operation or utilizes a disproportionate share of system resources. This can include but is not limited to unnecessary disk space usage or consistently utilizing a disproportionate share of connections, CPUs, RAM, bandwidth, or other system resources. In the event that an account is over-utilizing server resources on a consistent basis, the account may be required to upgrade its hosting plan to allow for this heavier resource usage or be subject to suspension and/or termination.
3.4 In order to prevent the infection, corruption, or loss of any system or customer data, the Customer agrees that Amata Agency reserves the right to quarantine or delete data on any shared system that is infected, corrupted, or has the potential to cause any malicious activity.
4. RIGHT OF REFUSAL
Amata Agency reserves the right to refuse service to any Customer at the discretion of Amata Agency for any reason.
5. SUSPENSION OF SERVICES
5.1 Amata Agency reserves the right to suspend all or specific Services without any liability to the Customer if (i) Service fees are not paid when due, (ii) Services are ever utilized in breach of these Terms and Conditions or Services are reasonably expected to be utilized to breach these Terms, or (iii) the suspension of Services is necessary to protect Amata Agency, Amata Agency Customers or any Amata Agency systems.
5.2 Whenever possible, Amata Agency will give the Customer advance notice of a Service suspension and offer the opportunity to fix the violation. To receive this opportunity, the suspension must be the result of a violation of these Terms and Conditions, and Amata Agency must decide that an immediate suspension is not reasonably necessary to protect Amata Agency, Amata Agency Customers, or any Amata Agency systems.
5.3 Suspended Service accounts are subject to access denials and data removal to protect Amata Agency, Amata Agency Customers, or any Amata Agency systems.
6. TERMINATION OF SERVICES
6.1 Amata Agency reserves the right to investigate suspected violations of paragraph 3 (“Acceptable Use Policy”). In the event that a violation has occurred, Amata Agency retains sole discretion to take any or all of the following actions:
a. Deny Customer access to Services;
b. Remove any unacceptable content;
c. Terminate Customer Services and this Agreement for the cause;
d. Exercise any other actions, rights, or remedies as allowed by law.
6.2 Actions taken in paragraph 6.1 will only be done after attempting to notify the Customer via email except under certain conditions: (i) in an emergency, at Amata Agency’s discretion, or (ii) as required by law.
6.3 Any event or circumstance related to these Terms and Conditions that could lead to any kind of claim or demand against Amata Agency or Amata Agency’s service providers must immediately be brought to the attention of Amata Agency by the Customer. Failure to notify Amata Agency of these circumstances can result in the immediate and permanent suspension of Services and the exercise of all rights or remedies as allowed by law.
6.4 If Amata Agency breaches these Terms and Conditions and is notified in writing by the Customer and fails to remedy the breach within thirty (30) days of the written notice describing the breach in detail, the Customer may terminate their Services for cause under these Terms and Conditions.
6.5 Amata Agency reserves the right to terminate Services if the Customer (i) makes payment arrangements that are not honored or result in payment disputes or chargebacks, (ii) fails to pay overdue Service fees within seven (7) days of their due date, (iii) provides inaccurate or false information to obtain Services, (iv) did not have the legal authority to begin Amata Agency Services, or (v) fails to comply with any other condition set forth in these Terms and Conditions.
6.6 All data stored on the Amata Agency hosted environment for Customer Services will be permanently deleted thirty (30) days after account termination as long as retaining the data for that time period does not pose any kind of risk for Amata Agency, Amata Agency Customers or any of Amata Agency’s systems. It is the Customer’s sole responsibility to recover any needed data from their account during this period. Amata Agency will not assist in migrating any data to other providers. Once this data is removed from the Amata Agency hosted environment, it is not recoverable and Amata Agency holds no liability over any data loss or corruption from account terminations for any reason.
7. SERVICE TERM, CANCELLATIONS, AND RENEWALS
7.1 Unless otherwise stated, the Service term is one (1) month and begins on the date of the initial payment to begin Services. When the initial term expires, Services will automatically renew at the same term length as the initial term. Unless otherwise stated or the Customer is notified of a Service price increase, all Service term renewals are billed at the same rate as the initial term. Either party may give written notice prior to the expiration of the current term to terminate services and automatic renewals.
7.2 The Customer may give notice of cancellation by logging into their IronAlly.com client account and either (i) submit a support ticket request to cancel Services or (ii) submit an automated cancellation request through the client area. No other forms of cancellation are accepted and the automatic term renewals will continue to apply to the Customer’s account until this proper notice of cancellation is provided.
8. SERVICE BILLING
8.1 Amata Agency will charge the Customer’s approved payment method when fees are due for ordered Services until Services are terminated by either party. The Customer must submit a notice of cancellation as outlined in paragraph 7.2 to terminate Services. If Customer fails to pay overdue Service fees within seven (7) days of their due date, Amata Agency may suspend all Services.
8.2 Amata Agency retains the right to increase Service fees with thirty (30) days advance written notice. If a fee increase is ever announced, it will go into effect for Customers upon their first term renewal after the date of the thirty-day notice.
8.3 If Amata Agency must enlist a collection agency or other legal help to collect unpaid account balances, the Customer will be liable for payment of any reasonable collection costs, legal fees, and court fees. Accounts with unpaid balances that are owned any kind of balance credit from Amata Agency will have that credit applied towards their unpaid balance and not refunded.
8.4 Refunds are not available for any domain name registration, transfer, or renewal fees unless the transaction cannot be processed.
8.5 Refunds for hosting Services are only available within sixty (60) days of the date Customer paid to start their account. If the Customer is unsatisfied with Amata Agency Services during this initial time period and notifies us in writing to cancel their account according to paragraph 7.2, they may submit a refund request through the IronAlly.com support ticket system to receive a refund of fees paid for hosting Services. After this time period, any funds prepaid for unused Services are not eligible for refunds. If any domain name and/or software fees had to be paid to start the Customer account, these are also non-refundable.
8.6 If the Customer disputes any part of an invoice for fees due for Services, they must still pay the undisputed portion of the fees when they are due to avoid Service suspension and they must provide a detailed explanation in writing to IronAlly.com’s support ticket system before the due date of their fees. Any fees not disputed within sixty (60) days are considered accurate and cannot be disputed later.
9. TECHNICAL SUPPORT AND LIMITED WARRANTY
9.1 Amata Agency support is only available to Amata Agency Customers, and Amata Agency is under no obligation to provide support to any other party.
9.2 Whenever possible, Amata Agency support is available at no additional charge. Only in severe cases and special situations will additional, at-cost support be provided as agreed upon by both parties.
9.3 Amata Agency has no obligation to provide security except as outlined in these Terms and Conditions. Whenever possible, Amata Agency will make reasonable attempts to help protect the security of Customer’s Services, but the security of the Customer accounts and data is ultimately the sole responsibility of the Customer.
9.4 Any support services provided by Amata Agency at the Customer’s request and without additional charge are provided on an “AS IS” basis. Amata Agency does not accept any liability for any actions, losses, or damages that may result from these situations.
9.5 Some of these Terms and Conditions are designed to help you comply with various laws and regulatory requirements that may apply to you while using our Services. However, the Customer is ultimately responsible for understanding these laws and requirements and using Amata Agency Services in a manner that complies with them and these Terms.
9.6 If Amata Agency recommends or provides any third-party software, tools, or other products, Amata Agency makes no representation or warranty regarding anything that is not purchased and made by Amata Agency. The provider of those third-party products will govern your use of them with their own terms of service conditions.
9.7 Amata Agency disclaims all warranties relating to satisfactory quality for a particular purpose and non-infringement. All Services provided by Amata Agency are on an “AS IS” basis.
9.8 Customer agrees that their usage of any Amata Agency Services will indemnify and hold Amata Agency and any of its suppliers, officers, or employees harmless from any and all damages, liabilities, fines, penalties, losses, or claims of any kind.
10. PRODUCT SALES TERMS
10.1 The Customer acknowledges that Amata Agency is reselling some products purchased by the Customer. When applicable, the Customer receives the warranty from the producer and agrees to abide by their return policies. Amata Agency will not provide return or warranty coverage beyond what is provided by the manufacturer. Terms and conditions that govern the usage of these products are only between the Customer and the product developer. The Customer is required to obtain any required permits, licenses, or other necessary approvals to use these third-party products.
10.2 The Customer agrees not to use Amata Agency Services or Products in critical applications such as but not limited to life support functions, critical health, military or nuclear operations. Amata Agency and its providers are not liable for any claims or damages arising from such unintended uses.
10.3 The Customer agrees that they do not reside in or have citizenship in any country that is embargoed or restricted to do business with the United States. The Customer also warrants that they are not any person or other entity that is legally restricted from engaging in business with Amata Agency. Services may also not be used in any manner that could potentially violate applicable export laws, rules, or any other regulations. The Customer also agrees that they will not allow access to or use of Amata Agency Services by any person or entity that is restricted in any of these manners.
10.4 The Customer grants Amata Agency a non-transferable, non-exclusive license for promotional usage of Customer trademarks and logos.
11. SCHEDULED MAINTENANCE & DOWNTIME
11.1 Whenever commercially reasonable to do so, Amata Agency will provide Services 24 hours a day, seven days a week.
11.2 Scheduled maintenance and downtime that is needed for non-emergency purposes will be announced a minimum of 48 hours in advance through the Amata Agency Announcements section in the Customer client area on IronAlly.com. For emergency purposes, maintenance or downtime may be required to be performed immediately without any advance notice or announcements.
11.3 The Customer agrees to periodic Service outages for a variety of reasons, some necessary and some out of the control of Amata Agency. Potential reasons for Service outages include but are not limited to (i) scheduled maintenance and downtime, (ii) service failures, malfunctions, or congestion beyond Amata Agency’s control, and (iii) hostile attacks on Amata Agency’s system or network. Amata Agency is not responsible for any downtime, outages, or inoperable Services caused by these conditions or any Customer violations of these Terms.
12. SHARED AND RESELLER HOSTING SERVICE LEVEL AGREEMENT
12.1 Amata Agency guarantees network uptime to be 99.9%, which means that all major routing devices within our network are reachable from the global internet 99.9% of the time or more. There are a lot of potential situations beyond the control of Amata Agency that affect network uptime and are not included in the guaranteed uptime. These situations include but are not limited to: (i) scheduled network, hardware, and software maintenance, (ii) malicious attacks, (iii) legal actions and court orders, and (iv) cPanel automatic update bugs.
12.2 If Amata Agency is unable to meet this Service Level Agreement, hosting Customers will be eligible to request compensation for downtime as reported by our service monitoring logs. If the Customer submits their request for compensation within 5 business days of the incident, they will receive a credit for 500% of the amount of downtime. For example, if your account is unreachable for 1 hour beyond the 0.1% allowed each month, you will receive credit for 5 hours of service at your monthly account rate and this credit is not to exceed the Customer’s monthly rate. Customers in violation of any of these Terms and Conditions during a given month are not eligible for SLA credits.
12.3 To submit a request for an SLA remedy, you must log in to your IronAlly.com account and submit your request in writing through a new support ticket within 5 business days of the incident.
The Customer agrees to hold Amata Agency, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless and not liable for any claim or demand, which may include but is not limited to reasonable damages, court costs, and attorney fees which may arise from any use of Amata Agency Services, your violations of these Terms of Service or the violation of any applicable laws.
14. LIMITATION OF DAMAGES AND LIABILITY
EXCEPT AS OTHERWISE STATED IN AN APPLICABLE SERVICE LEVEL AGREEMENT, AMATA AGENCY’S LIABILITY TO THE CUSTOMER SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE SERVICE THAT IS THE BASIS FOR THE CLAIM.
THE CUSTOMER AGREES THAT AMATA AGENCY SHALL NOT BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR.
THE ABOVE LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED ON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, INFRINGEMENT OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY, CONTRIBUTION, OR OTHERWISE.
15. TRADEMARK INFORMATION
The Customer acknowledges, understands, and agrees that all of the Amata Agency trademarks, copyright, trade name, service marks, and other Amata Agency logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Amata Agency. The Customer herein agrees not to display and/or use in any manner the Amata Agency logo or marks without obtaining Amata Agency’s express written consent.
16. INTELLECTUAL PROPERTY
16.1 Iron All respects the intellectual property of others and the Customer agrees to do the same. Amata Agency reserves the right to suspend or terminate Services if the Customer is found to be violating the intellectual property rights of others.
16.2 Any work or services performed and/or provided by Amata Agency to or for the Customer is deemed “Work For Hire” and therefore Amata Agency retains sole property rights on any of this work or services. As long as the Customer is currently not in default of these Terms and Conditions, Amata Agency grants the Customer a non-exclusive, non-transferable license to use the product of these services. This license terminates when the relevant Service is terminated.
16.3 Any software provided by Amata Agency shall not be used after the termination of the Customer’s Services, and the Customer may not remove, alter or obscure any copyright, trademark, or other property right notices that may appear on said software. Provided software may not be reverse-engineered or disassembled unless it is specifically available under an open-source license or as expressly permitted by law.
17. NO WAIVER
The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
18. LIMITATION OF ACTIONS
The Customer may bring no action, regardless of form, arising out of any claimed breach of this Agreement or the Services provided hereunder, more than ninety (90) days after the date of the cause of action.
19. DISPUTE RESOLUTION
Any disputes that may arise between Amata Agency and the Customer shall be settled by a final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its commercial arbitration rules. AAA shall decide any dispute in accordance with South Carolina law, without the application of choice of law principles, and shall conduct these proceedings in Greenville County, South Carolina, unless both parties agree in writing to a different jurisdiction. Both parties are responsible for their own arbitration expenses and legal fees. Any resulting arbitration award is deemed enforceable as a judgment of any court having jurisdiction.
20. CONFIDENTIAL INFORMATION
Each party will treat all non-public, confidential, and trade secret information received from the other party as confidential, and such party shall not disclose or use such information in a manner contrary to the purposes of this Agreement. Moreover, all such information shall be returned to the other party in the event this Agreement is terminated.
If any provision of these Terms and Conditions shall be invalid or unenforceable in any jurisdiction, such invalidity shall not affect the validity or ability to enforce the remainder of this Agreement in that jurisdiction or any other jurisdiction.