- As a precondition and requirement to use the services available via Adroit Creative Solutions, you, for yourself and for the company or other person(s), if any, you represent (“Subscriber” or “Subscribers”, as applicable), hereby accept and agree to be legally bound by these Terms of Service (“Terms”). These Terms are effective immediately between the Subscriber and Adroit Creative Solutions, its subsidiaries and affiliates (“Adroit”). Each Subscriber is subject to these Terms, and by using Adroit’s services, network and/or systems (collectively the “Services”), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.
- Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants all information provided by Subscriber to Adroit has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Adroit in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate, and current information.
- Adroit intends to provide the best possible web hosting service to each of its Subscribers. Adroit is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, Adroit reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
- Subscribers may view the most current version of these Terms at AdroitCreativeSolutions.com/hosting-terms. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the AdroitCreativeSolutions.com website, shall constitute Subscriber’s acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber’s sole and exclusive remedy is to cancel the Subscriber’s account.
- If Adroit makes a significant change to these Terms, as determined in its sole discretion, Adroit will post a notice that we have made significant changes to the Terms on the AdroitCreativeSolutions.com website for at least thirty (30) days after the changes are posted and will indicate at the bottom of these Terms the date these Terms were last revised.
TERM – PAYMENT – RENEWAL OF ACCOUNT AND DOMAIN
- Term of Service
The term of Subscriber’s subscription to the Services commences upon Subscriber’s acceptance of these Terms and terminates as set forth in this agreement.
Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber’s billing information, email and all other contact information. It is the Subscriber’s responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services. Payments will be made at the start of the billing cycle and cover the number of months Subscriber has paid for. If Subscriber is not set up with Automatic Renewal, they must make an additional payment for the next billing cycle before their account expires. It is the responsibility of the Subscriber to make sure payment is made before the expiration date should they wish to continue services and avoid account suspension. As a courtesy, Adroit will notify the subscriber 30 days and 15 days prior to account expiration date, as well as the day of expiration.
- Automatic Renewal of Hosting Account
If subscriber has signed up for automatic renewal of hosting services, as a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber’s Hosting Account Adroit will automatically renew Subscriber’s Hosting Account by charging the applicable fee for the non-promotional rate to Subscriber’s current method of payment on file. The initial term of this Agreement shall be as set forth at the start of services (“Initial Term”). The Initial Term shall begin upon commencement of the Services to Subscriber, and after the Initial Term, this Agreement shall continue for successive periods (or renewal period) of equal length as the Initial Term or such other Term and price that shall be set forth in a notice to the customer at least thirty (30) days prior to the commencement of such successive period or renewal period. In the case of insufficient funds, Adroit will contact the Subscriber to notify them of the issue to arrange for an alternative payment method. Additionally after the Initial Term, you acknowledge, agree and authorize us to automatically bill and/or charge on your credit card for successive or renewal periods, unless terminated or cancelled by either party as provided in this section. The Initial Term and all successive renewal periods shall be referred to, collectively, as the “Term”.
- Notification of Automatic Renewals
Subscriber will be notified of pricing for EACH successive period (or renewal period) no later than fifteen (15) days prior to the payment date of SUCH successive period (or renewal period) for all services with a successive or renewal period of three (3) months or greater. This notification will be sent to the contact email address on file for the Account.
- Cancellation of Automatic Renewal of Account
Subscriber agrees to notify Adroit of Subscriber’s intent to cancel automatic renewal at least sixteen (16) business days prior to the account or domain expiration date, by sending a written request via email to firstname.lastname@example.org. This request must include verification of ownership of the hosting account and/or domain(s), as determined by Adroit.
- Chargebacks and Reversals
In the event Subscriber issues a chargeback or reversal of charges without first contacting Adroit to resolve the issue or without notification of intent to cancel, the Subscriber will be responsible for a $25.00 USD billing service fee. Hosting accounts that have an open dispute may be suspended for security purposes.
In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing Adroit Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, limited liability company, partnership, joint venture or other individuals in this manner and in connection with Subscriber’s acceptance of all other Terms set forth herein.
- Notification of Automatic Renewals
- Suspension of Account
In the event that Subscriber does not make a payment by the expiration date Adroit reserves the right to suspend the account within 48 hours. Subscriber agrees to not hold Adroit responsible for any harm this causes the Subscriber’s business or website ranking as hosting services are no longer being paid for by the subscriber.
- Reinstating Account
To reinstate an account, Subscriber must pay for the months of suspension as the files are still being stored on Adroit servers and a 15% late fee on the amount due. The process to reinstate an account could take up to 72 hours to complete. If Subscriber wishes to reinstate the website sooner there is an additional $50 fee, and Adroit will do everything in its power to reinstate the hosting account within 24 hours.
- Termination of Account
Subscriber may at any time request Adroit to terminate the account and remove all files and data associated to that account from the server. It is the Subscriber’s responsibility to back-up the files and data associated with the website, or hire Adroit to perform this work for an additional fee, should they wish to retain anything being stored on the server. Once an account has been suspended, Adroit has the ability to terminate the account and remove all files and data associated to that account at any time. Subscriber agrees to not hold Adroit responsible for any harm this causes the Subscriber’s business or website ranking as hosting services are no longer being paid for by the subscriber.
- Recovery of Files
If an account has been suspended for a period of 1 month or greater, or if the account has been terminated, a $250 file recovery fee will be administered to any Subscriber wishing to retrieve their files and data. The Subscriber may choose to reinstate their account per the terms in section 2.4 of this agreement or move the files to a different hosting company.
USAGE POLICIES AND DEFINITIONS
- “Unlimited” usage policies and definitions apply only to shared accounts.
- What “Unlimited” means
Adroit does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, Adroit makes every reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber’s use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
- What “Unlimited” DOES NOT mean
Adroit employs complex mechanisms to protect its Subscribers and systems from abuse. Adroit’s offering of “unlimited” services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers. Adroit’s service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources while having their own, secure portal for editing and maintaining. Adroit’s service is designed to meet the typical needs of small to mid-sized business website Subscribers in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server. Adroit will make every reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared or dedicated servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Adroit does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Adroit can evaluate said sites resource needs. Subscribers may not use servers for file sharing purposes (ex: torrents) or as a storage device to stream music and video from.
- Unlimited Hosting Space; excessive MySQL files
Adroit does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber’s website, nor does Adroit charge additional fees based on an increased amount of storage used, provided the Subscriber’s use of storage complies with these Terms. Please note, however, that the Adroit service is designed to host websites. Adroit does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber’s account, with or without notice. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. Adroit may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber’s account, with or without notice.
- Unlimited File Transfer
Adroit does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does Adroit charge additional fees based on increased use of bandwidth, as long as the Subscriber’s use of the Services complies with these Terms. In most cases, a Subscriber’s web site will be able to support as much traffic as the Subscriber can legitimately and ethically acquire. However, Adroit reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
- Unlimited Domain Hosting
Adroit does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber’s web hosting account as long as it is for the same business.
DISCLAIMER OF WARRANTY
You, the subscriber, acknowledge that the services and the software are provided “As is, as available” without any warranty of any kind. Adroit hereby disclaims any warranty or condition with respect to the quality, performance or functionality of the services and software, or with respect to the quality or accuracy of any information obtained from or available through use of the services and software, or that the services and software will be uninterrupted, error-free or free of viruses or otherwise harmful components. The services and software may contain errors. No advice of information given by Adroit’s representative shall create a warranty. Adroit does not warrant that the services are compatible with any third party service or software, even if such third party claims, represents or warrants that such service or software is compatible with any service or Adroit in particular.
LIMITATION OF LIABILITY
Adroit shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control. In no event shall adroit be liable under contact, negligence, tort, conversion, copyright infringement, trademark infringement, IP rights holder infringement, strict liability or any other legal or equitable theory for any direct, indirect, incidental, exemplary or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind or loss of business goodwill or opportunity) whether or not Adroit has been advised of the possibility of such loss or damages. Adroit shall not be liable for the costs of procurement of substitute goods, services, or technology. Adroit’s entire liability and subscriber’s exclusive remedy with respect to any use of the services is the cancellation of subscriber’s account as set forth herein. In no event shall Adroit’s liability to you, the subscriber, exceed the greater of one dollar ($1.00) or any amounts actually paid in cash by you, the subscriber, to Adroit for the prior one-month period. No action, regardless of form, arising out of these terms or out of the services may be brought by you, the subscriber, more than one year after the event which gave rise to the cause of action. Some jurisdictions do not allow a limitation on the liability for negligence that causes death or personal injury and, in such jurisdictions; Adroit’s liability shall be limited to the greatest extent permitted by law.
You, the Subscriber, agree to defend, indemnify and hold Adroit, its affiliates and partners of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Adroit’s own gross negligence or willful misconduct. Adroit reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.
For its own operational efficiencies and purposes, Adroit from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. It is solely subscriber’s duty and responsibility to backup subscriber’s files and data on Adroit servers or hire Adroit to perform backup and updates to their site, and under no circumstance will Adroit be liable to anyone for damages of any kind under any legal theory for loss of Subscriber files and/or data on any Adroit server.
- Accurate Account Information
It is the Subscriber responsibility to continually update and keep accurate and current Subscriber’s contact information on file with Adroit in order to avoid termination of Subscriber’s Adroit account(s). If Adroit is unable to contact Subscriber due to inaccurate information, Adroit cannot be held responsible for termination of account.
- Reservation of Rights
Adroit reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber’s hosting term with Adroit.