Terms of Services
If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services. If you are already a customer of MackWeb Hosting and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact MackWeb Hosting to cancel your Services.
Ownership and Services Purchased
1. The individual or entity set out in our records as the primary billing contact shall be the owner of the account.
2. The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased (“Service Description Page”) based on their description on the Service Description Page as of the Effective Date, as defined below. MackWeb Hosting may modify the products and services it offers from time-to-time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by MackWeb Hosting as set out on the Service Description Page, are referred to as the “Services.”
3. Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. You may terminate this Agreement if such a change materially affects the Services.
Term of Agreement
1. This Agreement becomes effective immediately when Customer clicks “I Agree.” (“Effective Date”) and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of MackWeb Hosting, or by the posting by MackWeb Hosting of a revised version.
2. The term of this Agreement is set to the Customer’s billing term (“Term”). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as set out in this Agreement.
While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of third party service providers, or the actions of individuals who use your products and services (“End Users”).
Compliance with Applicable Law
1. MackWeb Hosting is registered and located within the United States of America and as such, we are required to comply with the laws of the United States of America, regardless of where the Services are provided.
For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.
You are required to provide us with accurate information when setting up your account. You must also keep this information, including your email address, up to date during the course of our relationship. On occasion, we may need to communicate with you by email about the Services. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on email communications that are misdirected or blocked by a third party application as a result of your failure to maintain updated account and contact information or for circumstances beyond our control.
1. You are responsible for all actions that are performed with, by, or under your account credentials whether done by you or by others. All account access, password, and other security measures are your responsibility. MackWeb Hosting is not liable for any damages, direct or indirect, that result from unauthorized account access or use.
2. You agree to give MackWeb Hosting permission to access your accounts for the purpose of troubleshooting technical issues with the account or server and to confirm compliance with all of our policies. We also conduct automated scans of data for security purposes and reserve the right to change permissions, modify files or quarantine files that are deemed to be malicious in nature.
Payments and Billing
1. MackWeb Hosting will automatically bill your payment method on file up to fifteen (15) days prior to the due date on all terms of one (1) or more years; for terms less than one (1) year in length, MackWeb Hosting will attempt to bill your payment method on file up to five (5) days prior to due date. All fees are billed in United States Dollars (“USD”) and are subject to change with thirty (30) days notice prior notice to you.
2. Your “Billing Term” is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be monthly, quarterly, or annually.
3. MackWeb Hosting is only able to automatically collect payment from customers with credit cards stored on file (as opposed to credit cards used one for one time transactions) or active PayPal subscriptions. All other payment methods (one time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated manually by you. It is your obligation to ensure that recurring fees are paid on their due date.
4. As a customer of MackWeb Hosting, it is your responsibility to ensure that all billing information on file with MackWeb Hosting is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. MackWeb Hosting screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screen is completed. In certain cases, if your account is flagged for fraud, third party services, such as domain name registrations, will not be processed. MackWeb Hosting has no liability for the failure to provide Services, including third party services, if your account fails its fraud screen.
1. Any account not paid in full by the end of the first day of the Billing Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, MackWeb Hosting reserves the right to suspend your Service(s) with MackWeb Hosting. Forty-five (45) days following suspension of Services for non-payment, MackWeb Hosting reserves the right to terminate Service(s) for non-payment.
2. MackWeb Hosting is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, MackWeb Hosting reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.
Refund Policy and Billing Disputes
1. MackWeb Hosting offers a thirty (30) day money back guarantee on shared web hosting plans. After the thirty (30) day money back guarantee, eligible plans are eligible for an account credit on a prorated basis. Such credits will have any previous extended term discounts withheld from the total credit amount and will be calculated based on the number of months remaining in your billing cycle. A offers a ten (10 day) money back guarantee from the day of purchase on starter, business, and e-commerce website design and fulfillment packages. Beyond 10 days, no refunds are available for any reason, including, but not limited to dissatisfaction with the design process or dissatisfaction with the final product delivered to you.
2. Only first-time accounts are eligible for a refund under the 30 day money back guarantee. For example, if you had or still have an account with MackWeb Hosting before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with MackWeb Hosting. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.
3. Refunds will be issued only to the payment method that the original payment was sent from, and may take up to one (1) week to process.
4. MackWeb Hosting will not activate new orders or provide additional Services for customers who have an outstanding balance with MackWeb Hosting. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by MackWeb Hosting in writing.
5. Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and MackWeb Hosting is not responsible for any change in exchange rates between time of payment and time of refund. In addition, MackWeb Hosting reserves the right to refuse a refund at any time for any or no reason.
6. If you believe there is an error in MackWeb Hosting’s billing, you must contact MackWeb Hosting about it, in writing, within thirty (30) days of the date you are billed or charged. MackWeb Hosting’s obligation to consider your claim is contingent on your providing it with sufficient facts for MackWeb Hosting to investigate your claims. You waive your right to dispute any charges or fees if you fail to notify MackWeb Hosting in writing or meet the deadline set out above. If MackWeb Hosting finds that your claim is valid, MackWeb Hosting agrees to credit your account on your next billing date. Third party fees are not subject to this dispute provision and are final.
Chargebacks, Reversals, and Retrievals
1. If MackWeb Hosting receives a chargeback or payment dispute from a credit card company, bank, or PayPal your Services may be suspended without notice. A $50 chargeback fee (issued to recoup mandatory fees passed on to MackWeb Hosting by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact MackWeb Hosting’s billing team to address any billing issues.
2. If MackWeb Hosting appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to MackWeb Hosting by the credit card company or bank. Any double payment resulting from this process will be applied to Customer’s account in the form of a service credit.
Cancellation of Services
1. Either party may terminate this Agreement by providing notice to the other as provided herein.
2. You may cancel Service(s) with MackWeb Hosting by submitting a cancellation request in writing by logging into MackWeb Hosting’s account center located at https://mackwebhosting.com/billing. In the event that you are unable to login to your billing account with MackWeb Hosting, please contact our billing department via email and we will assist you. However, MackWeb Hosting prefers that cancellations are submitted through the account center to reduce the likelihood of error and ensure the security of your account. Cancellations are not final until confirmed by a representative of MackWeb Hosting in writing by email.
3. Cancellations must be requested via the form indicated above 48 hours or more prior to the Service’s renewal date. If a cancellation notice is not received within the required time frame, you will be billed for the next Billing Term and are responsible for payment as set forth above.
4. If you pay MackWeb Hosting via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. MackWeb Hosting (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.
When upgrading or downgrading package(s), you are responsible for canceling any previous package(s). To cancel previous package(s), you must submit a written cancellation request as described in Section 8.2 above.
6. MackWeb Hosting may terminate this Agreement at any time by providing notice to Customers via email. Should MackWeb Hosting terminate this Agreement for any reason other than a material breach, or violation of MackWeb Hosting’s Acceptable Use Policy, any prepaid fees shall be refunded.
7. One party may also terminate this Agreement upon the occurrence of a material breach which has not been cured by the other party within ten (10) days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.
Refusal of Service
1. MackWeb Hosting reserves the right to refuse service to anyone at any time. Any material that, in MackWeb Hosting’s judgment, is obscene, threatening, illegal, or violates MackWeb Hosting’s terms of service in any manner may be removed from MackWeb Hosting’s servers (or otherwise disabled), with or without notice.
2. Similarly, MackWeb Hosting reserves the right to cancel, suspend, or otherwise restrict access to the Service(s), including deletion or confiscation of all files, content, and/or domain name registrations, at any time, for any reason (including to comply with applicable law), and with or without notice. MackWeb Hosting is not responsible for any damages or loss of data resulting from such suspension or termination.
3. If any manner of communication with MackWeb Hosting’s staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to threats to sue, slander, libel, publicly post, or initiate a chargeback.
4. MackWeb Hosting happily accepts orders from outside the United States, but may limit accounts from certain countries with a high fraud rate. To help protect MackWeb Hosting and its customers from fraud, MackWeb Hosting may ask you to provide a copy of a government issued identification and/or a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and denied.
5. The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, MackWeb Hosting also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this contract or your use of the Services.
Our Hosting accounts are allocated bandwidth depending on the package you select. The bandwidth for Services purchased does not rollover and is not creditable across periods. In the event you require more bandwidth than you have purchased, your account may be suspended until the next period, you may purchase additional bandwidth by upgrading your account, your account may be terminated for a violation of the terms of the package you purchased, or we may charge you an additional fee for the overage, in our sole discretion.
1. MackWeb Hosting grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by MackWeb Hosting solely to access and use the Services. This license terminates on the expiration or termination of this Agreement. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in MackWeb Hosting’s technology shall remain with MackWeb Hosting, or its licensors. You are not permitted to circumvent any devices designed to protect MackWeb Hosting, or its licensor’s ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.
2. You grant MackWeb Hosting, or to any third parties used by MackWeb Hosting to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free, license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, your End Users, in conjunction with the Services. This license terminates on the expiration or termination of this Agreement. All right, title and interest in your technology shall remain with you, or your licensors.
1. MackWeb Hosting reserves the right to add, modify, or remove any or all features from any service MackWeb Hosting provides, at any time, with or without notice. This includes, but is not limited to disk space limits, bandwidth limits, domain limits, pricing, and third party applications. These changes can be made for any or no reason and MackWeb Hosting does not guarantee the availability of any feature, whether written or implied. If the removal of a feature materially impacts your ability to use the Service, you may terminate this Agreement. For the purposes of this paragraph only, the term “materially” means that a reasonable business person would not have purchased the Services for the purposes used by you.
1. MackWeb Hosting offers a 99.9% uptime commitment. We will use our commercially reasonable efforts to provide the Services twenty-four (24) hours a day, seven days a week. However, in order to operate in an efficient and secure manner, servers and network equipment require routine maintenance and upgrades (“Scheduled Downtime”) and you acknowledge that from time to time the Services may be unavailable for various reasons, including due to Scheduled Downtime or causes beyond our control. We will provide commercially reasonable advance notice to you for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility, or inoperability of our web servers but we are not responsible for the unavailability.
Planned outages, including Scheduled Downtime, during these periods will not fall under our 99.9% Uptime Commitment MackWeb Hosting will make a reasonable effort to advise MackWeb Hosting customers as far in advance as possible of any predicted extended outages.
Three types of maintenance downtimes are defined:
- Routine Maintenance” means a weekly short downtime necessary for quick updates and patches requiring reboots or restarts.
- “Comprehensive Maintenance” means a longer monthly or otherwise scheduled downtime necessary for more significant enhancements.
- “Emergency Maintenance” means a service affecting maintenance that is so severe it requires immediate attention.
- “Scheduled Downtime” includes (i) and (ii) above.
Intervals. The Scheduled Downtime intervals are as follows (the time zone is where the data center or server is located):
- Routine Maintenance Window (Weekly). Sunday mornings, from 12:00 AM until 5:00 AM,outages should not exceed fifteen (15) minutes unless other problems are encountered and will NOT be announced.
- Comprehensive Maintenance Window (Monthly or Scheduled). First Saturday evening of every month from 7:00 PM until 7:00 AM Sunday morning or otherwise scheduled and communicated to affected customers via your contact email address.
- Emergency Maintenance. This type of maintenance is inherently not scheduled and is only used in extreme circumstances. We will make our best effort to notify customers should this become necessary.
Limitations. This Server Maintenance Policy includes but is not limited to: (i) shared servers and accounts, (ii) (iii) all network equipment, and (iv) internal websites such as billing and support. Major system upgrades may require additional Scheduled Downtime.
Backup of Data
Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA. MackWeb Hosting is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures.
Domain Name Registrations, Transfers, and Renewals
We resell domain names. When you apply to register a domain name, your request is transmitted to eNom (www.eNom.com). By using our Domain Name Services, you agree to be bound by eNom’s domain name registration policies and procedures, so please read them. These policies and procedures are available at: https://www.eNom.com/terms. Because of the mechanics of domain name registration, we cannot guarantee that your domain name will be registered. After registration, it is your responsibility to ensure your domain name does not lapse, for whatever reason, and we are not responsible for any lapse or any damages caused by any lapse.
It is your sole responsibility to fully investigate and ensure that the domain name you register does not infringe on the legal rights of others. We do not check to see whether a domain name you register or use infringes on the legal rights of any third party and we suggest you seek advice of legal counsel before registering any domain.
MackWeb Hosting will use commercially reasonable efforts to comply with any legal order to cancel, modify, or transfer your domain name. ICANN’s Transfer Policy requires a 60 day transfer lock to apply to your domain name(s) in the event of any “Change of Registrant.” MackWeb Hosting currently locks your domain name for any change involving your WhoIs information. This feature is designed to protect your domain from any unauthorized attempt to transfer your domain. We do not offer an option to opt out of the 60 day transfer lock. Any “Change of Registrant” as defined by ICANN’s Transfer Policy will subject the domain to a 60 days transfer lock. Please note that the parameters that trigger the 60 day transfer lock are subject to change. The current parameters which trigger the 60 day lock include: (A) change of registrant First Name, (B) change of registrant Last Name, (C) change of registrant Organization Name, (D) change of registrant Email. You also agree and understand ICANN’s policies for Domain Verification and any other current or future policies they might enact.
More information can be found here:
Terms That Apply to All Hosting Services
In using our hosting Services, you may not place excessive burdens on our CPUs, servers, or other resources, including our customer support services. You understand that bandwidth, connection speeds, and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Services, including suspension or termination of your account or a reduction in bandwidth available for your use (also known as bandwidth throttling), in our sole discretion. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers.
Hosting accounts are allowed to use a maximum of six hundred thousand (600,000) inodes and thirty-five (35) concurrent HTTP connections to the server.
For Shared Web Hosting, the terms “unlimited” and “unmetered” are defined by our experience with similarly situated customers. This means that your use of our resources may not exceed that of similarly situated customers. Shared Web Hosting Use may not include: (i) streaming content (other than that which is incidental to your website’s operation), (ii) management of very large photo galleries, (iii) storage of a large amount of uncompressed or full-size digital images, (iv) online file (FTP) serving, (v) distribution of large audio or video content such as MP3 files, and (vi) online backups (i.e. backup of desktop/laptop computer, files, or anything not directly related to the website). You agree that we may remove impermissible materials from our servers at any time in our sole discretion without notice. We may also delete the following types of files if we find them to be using excessive amounts of disk space, especially if affecting other customers: (i) cPanel or other backups stored locally, (ii) Softaculous backups stored locally, (iii) Softaculous backup temp files, (iv) Common CMS backups stored locally, (v) Common CMS backup temp files, (vi) Common CMS backup logs, (vii) excessively sized error logs, and (viii) any other large files deemed unnecessary for core website functionality or not containing any valuable data.
You will not have physical access to any of the servers on which your data is stored. These servers will often be shared with third parties. Use by any third party may affect your use and administration of the server. You shall not take any actions to limit the use of or alter the server or Service functionality or the functionality of any related equipment.
- cPanel. cPanel is provided through a third party. When you subscribe for use of cPanel with any of the Services, you agree to be bound by cPanel’s End User License Agreement, available at: http://cpanel.com/legal-store.html. Please be sure to review cPanel’s End User License Agreement before use of cPanel-related Services.
Licenses; Intellectual Property; Data Ownership
1. Services performed or provided by MackWeb Hosting are not a “work made for hire” and we hereby grant you a license to use the Services and technology under the terms of these TOS, including our Policies. The license is non-exclusive, non-transferable, non-sublicensable worldwide, and royalty free and terminates when you or A2 Hosting terminates the Services.
2. All right, title and interest in MackWeb Hosting’s technology shall remain withMackWeb Hosting, or MackWeb Hosting’s licensors. You are not permitted to circumvent any devices designed to protect MackWeb Hosting, or its licensors’, ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.
MackWeb Hosting’s Warranty
MackWeb Hosting warrants that it will perform the Services in accordance with prevailing industry standards. To make a warranty claim, you must notify MackWeb Hosting in writing, specifying the breach in reasonable detail, within thirty (30) days of the alleged breach. Your sole and exclusive remedy, and MackWeb Hosting’s sole and exclusive obligation, in the case of a breach of warranty is, at MackWeb Hosting’s option, to (i) reperform the Services, or (ii) issue you a credit based on the amount of time the Services were not in conformity with this warranty, subtracted (“pro-rated”) by the amount of time they were in conformance. SERVICES PROVIDED BY THIRD PARTIES ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY.
Your Representations and Warranties
1. You agree to reasonably cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the Services.
2. It is your responsibility to ensure that you can connect with us to use the Services. You represent and warrant that you, or the entity you represent, have the sophistication and technical skill to utilize the Services.
3. You warrant and represent that you have full authority and power to agree to the terms of these Policies on behalf of the company you represent, if any.
4. You warrant and represent that you and/or your company have not been identified or listed as Specially Designated National or Blocked Person by the U.S. Department of Treasury, Office of Foreign Assets Control.
1. EXCEPT FOR THE WARRANTY ABOVE THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO A2 HOSTING), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. No oral or written information or advice given by MackWeb Hosting, its employees, agents, owners, directors, officers, or affiliates pursuant to these TOS, or otherwise, shall create a representation or warranty or in any way increase the scope of any representations and warranties set forth in these TOS. MackWeb Hosting does not represent or warrant that the Services are complete or free from defects or errors.
2. MackWeb Hosting is not liable, and expressly disclaims any liability, for the content of any data transferred either to, or from, you or stored by you or any of your customers via the Services provided by us. MackWeb Hosting is not responsible for any loss of data, for any reason. MackWeb Hosting is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.
3. MackWeb Hosting is not liable, and expressly disclaims any liability, for data breaches or data compromise caused by your failure to keep web applications including plugins up to date.
4. MACKWEB HOSTING SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. No warranties, either express or implied, made by these third party entities to MackWeb Hosting shall be passed through to you, nor shall you claim to be a third party beneficiary of those warranties.
5. Some states do not allow MackWeb Hosting to exclude certain warranties. If this applies to you, your warranty is limited to 90 days frmo the effective date.
Limitation of Liability
1. It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. You agree that MackWeb Hosting has no liability, of any sort, for content you or your customers access from the Internet.
2. In no event shall MackWeb Hosting be liable to you in connection with these TOS or the Services, regardless of the form of action or theory of recovery, for any: (a) data loss, (b) direct, indirect, special, exemplary, consequential, incidental, or punitive damages, even if that party has been advised of the possibility of such damages; or (c) lost profits, lost revenues, lost business expectancy, business interruption losses, or benefit of the bargain damages. For the purposes of this paragraph only, the term “MackWeb Hosting” shall be interpreted to include MackWeb Hosting’s employees, agents, owners, directors, officers, and affiliates.
3. Notwithstanding anything to the contrary contained in this policy, MackWeb Hosting shall not be liable for any indirect or consequential damages, including damages for lost profits, loss of opportunity, loss of sales, or loss of search engine rank, suffered by you, your users, your clients, and your visitors, during periods of scheduled maintenance, service suspensions, and violation of these Policies.
4. In no event will MackWeb Hosting’s liability hereunder exceed the aggregate fees actually received by MackWeb Hosting from you for the three (3) month period immediately preceding the event giving rise to the liability.
5. MackWeb Hosting will not be held responsible for any: (i) force majeure events described in Section 20(b), below, (ii) problems or service outages caused due to reboots during standard maintenance periods, or (iii) Scheduled Downtime, as further defined in our Server Maintenance Policy. Our uptime commitment described in the Server Maintenance Policy, does not apply to disruptions to your use of the network because of a violation of these TOS, including our Policies.
1. You agree to indemnify, defend, and hold harmless MackWeb Hosting and its personnel, parent, subsidiaries 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, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services, including any data migration-related efforts you request from MackWeb Hosting personnel or authorize MackWeb Hosting personnel to conduct; (ii) any violation by you of these TOS or any of MackWeb Hosting’s Policies, including those violations that result in a disruption of the network; (iii) any breach of any of your representations, warranties, or covenants contained in these TOS, including the Policies; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS or the Services. For the purpose of this paragraph only, the terms used to designate “you” include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.
2. MackWeb Hosting shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit, or proceeding brought or threatened against you so far as it is based on a claim that Services provided by MackWeb Hosting hereunder infringes any U.S. patent, copyright, or trademark. This indemnification provision is expressly limited to Services that are fully owned by MackWeb Hosting. It does not extend to products or services provided by third parties. If contained and permitted in its agreements with third-party suppliers, MackWeb Hosting shall flow down applicable intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying MackWeb Hosting promptly in writing of the claim and giving MackWeb Hosting full authority, information, and assistance for the defense and settlement thereof. If an infringement claim has occurred, or in MackWeb Hosting’s opinion is likely to occur, MackWeb Hosting shall have the right, at its option and expense, either to: (i) procure for you the right to continue using the Service(s); (ii) replace with the Service(s), regardless of manufacturer, performing the same or similar function as the infringing Service(s), or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate the infringing or affected Services and refund the Fees charged by us for the period in which the Services were unavailable.
1. Notices will be sent to you at the email address in your account. It is your obligation to ensure that we have the most current email address for you by keeping your account information up to date.
2. Please refer to our website,https://mackwebhosting.com/, for contact information for most issues, including technical support and billing. Notices regarding this TOS and other MackWeb Hosting Policies should be directed to:
MackWeb IT Solutions, LLC
1956 S. Logan St.
Denver, Colorado 80214.
Compliance with Law
1. U.S. export laws apply to your use of the Services. It is your obligation to confirm that your use of the Services complies with applicable laws and we encourage you to learn more about U.S. export laws to ensure that your use of our network complies with these laws. More information about U.S. export laws may be found at: http://www.export.gov/.
2. We may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request or to protect our business, or others, from harm. We assume no obligation to inform you that we have provided this type of information unless we have affirmatively agreed to do so. In some cases we may be prohibited by law from giving such notice. Cooperation with civil litigants is at our discretion. Responding to requests for production of documents, and other matters requiring more than mere ministerial activities on our part, will incur a fee of two hundred dollars ($200) per hour. We do not honor requests from civil litigants that expenses be pre-approved, and we may require a deposit to secure payment.
Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the party’s reasonable control, including third party service failures, software failures, hardware failures, distributed denial of service (DDoS) attacks, acts of God, bandwidth interruptions, general network outages, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers. 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 an excusable delay shall notify the other party as soon as possible, but in no event less than ten (10) days from the beginning of the event.
Choice of Law, Jurisdiction, and Venue.
The validity, interpretation, and performance of these TOS, including our Policies, shall be controlled by and construed under the laws of the State of Colorado, United States of America, as if performed wholly within the state and without giving effect to the principles of conflicts of law. You agree that jurisdiction and venue for are exclusive in the Denver County Circuit Court in Colorado or the U.S. District Court for the District of Colorado. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods.
All claims you bring against us must be resolved in accordance with our Policies. Without limiting the previous sentence, this includes claims based on Service outages that are expressly covered by our Policies. All claims filed or brought contrary to our Policies will be considered to be improperly filed and a breach of our Policies. If you file a claim contrary to our Policies, we may recover attorney’s fees and costs. Attorney’s fees include any fees charged by our attorneys.
No waiver of a right under these TOS, including our Policies, shall constitute a subsequent waiver of such right under these TOS or any of our Policies.
These TOS may be assigned by MackWeb Hosting. It may not be assigned by you. These TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
In the event that any of the terms of these TOS, including any of the Policies become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be revised to reflect A2 Hosting’s intent, as permitted by applicable law. All remaining terms of these TOS shall remain in full force and effect.
No action or proceeding against us may be commenced by you more than one (1) year after the Service which is the basis for the action is rendered. You fully acknowledge that this limitation constitutes an express waiver of any rights under any applicable statute of limitations which would otherwise afford additional time for such a claim.
Date of Policy
These TOS last updated July 5, 2020.