Hosting Agreement

Terms and Conditions

This Terms of Service (the "Agreement") is a legally binding contract between ArcSource Consulting Inc. (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 they have read, understand, and agree to all terms and conditions set forth in the Agreement, and that they are at least eighteen (18) years old and have the legal ability to engage in a contract in the State of California. If the Customer does not accept the Agreement and all terms and conditions set forth within, they should not purchase or use, in any manner, Services from the Company or, if they have 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 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.

Obeying the Law

As ArcSource Consulting Inc. is registered and located within the United States of America, we are required to follow any and all US laws. This provision applies to all Services provided and maintained by ArcSource Consulting Inc., whether located within the US or other countries.

Payment and Fees

The Company will invoice 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 all billing information on file with the Company is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. Any account not paid in full by the end of the of the Billing Term will be subject to a "Late Penalty" of 1% of the past due amount per month until receipt of payment. 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 suspension 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 forty-five (45) day money back guarantee on web hosting and reseller packages. No refunds are offered on virtual private server (VPS) packages, dedicated server packages, custom packages, setup fees, domain registrations or transfers, SSL certificates, dedicated IP addresses, or software licenses. Refunds are not offered for accounts that are suspended or terminated for violating the Agreement. Refunds are only available for new customers. If the Customer previously had Services with the Company, whether or not a refund was 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. Refunds will be issued only to the payment method that the original payment was sent from, and may take up to 2-3 weeks for processing. In any event, no refunds are offered after the first forty-five (45) days of Service.

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 their 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.

Charge backs, 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 email to the Customer’s Lead Consultant or hostmaster@arcsource.com or telephone to ArcSource office at 510-843-2010. If cancellation notice is not received within the required time frame, the Customer will be billed for the next Billing Term and responsible for payment as set forth above.

Refusal of Service

The Company reserves the right to refuse service to any person at Company's discretion. The Company further reserves the right to deny service to any script, program, software, or other service at Company's discretion. Such refusal can occur at any time, for any or no reason, and without explanation.

Suspension and 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 as little server resources as possible, so as to allow for reasonable performance by all ArcSource Consulting Inc. 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 or terminate Services on any account that, at our sole discretion, is abusing server resources. Such suspension or termination can occur at anytime without prior warning, and for any or no reason.

Service Modifications

ArcSource Consulting Inc. reserves the right to add, modify, or remove any or all features from any service The Company provides, at any time, with or without notification. This includes, but is not limited to, disk space limits, bandwidth limits, domain limits, pricing, and 3rd party applications. These changes can be made for any or no reason. The Company does not guarantee the availability of any feature, whether written or implied.

Support Policy

The Company will provide technical support to the Customer during the Company’s standard hours of operation 8:00am to 5:00pm Pacific Standard time, Monday through Friday, with the exception of holidays and brief company meetings.

Abusive Actions

Any and all abusive actions directed towards our staff will not be tolerated. If you, the Customer, 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, with or without notice. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or chargeback.

IP Address Allocation

Each hosting account by default is assigned a shared IP address. This shared IP address is shared among multiple other customers that are located on the same server. If a dedicated IP address is requested by the Customer, there must be a technical need for the IP, in which the account would fail to function properly without one. The Company does not provide dedicated IP addresses for the use of Search Engine Optimization (SEO), and all requests must be approved by the Company prior to assignment. Dedicated IP requests can be denied for any or no reason.

Acceptable Usage Policy

The Customer 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 California, 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 Customer agrees to indemnify and hold harmless ArcSource Consulting Inc. from any claims resulting from the use of the service which damages the Customer or any other party.

The following contents, links, or actions on any Services would constitute a violation of the Agreement:

  • Child Pornography - Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age
  • Copyright Infringement - Hosting, Distributing, or Linking to Copyright Infringed Materials
  • CPU/Memory/Resource Abuse - Consuming Excessive Amount of Server Resources Causing Server Performance Issues
  • DoS Source - Source of Denial of Service Attack
  • DoS Target - Target of Denial of Service Attack
  • Forgery - Faking an IP Address, Hostname, E-Mail Address, or Header
  • Fraud Site - Hosting or Linking to a Website Intended to Deceive the Public
  • HYIP - Hosting or Linking to a High Yield Investment Program Website
  • Identity Theft - Hosting, Distributing, or Linking to Stolen Account Identification Information
  • Infection - Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
  • IRC - Hosting Internet Relay Chat Server not Authorized by the Company
  • Mass Storage - Storing Mass Amounts of Backups, Archives, Videos, etc
  • Phishing - Identity Theft by Email Under False Pretense
  • Proxy Site - Hosting of an Anonymous Proxy Server
  • Spam Email - Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
  • Spam List - Hosting, Distributing, or Linking to Email Address Lists for Spam
  • Spam Site - A Site Advertised by Spam Email or Spam Web
  • Spam Ware - Hosting, Distributing, or Linking to Software Designed for Spamming
  • Spam Web - Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or Guestbooks
  • Spamhaus - Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity
  • Terrorist Site - Hosting or Linking to a Site Advocating Terrorism
  • Toolz - Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity
  • Trademark - Hosting, Distributing, or Linking to Trade Mark Infringed Materials
  • Warez - Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software
  • Or any other application or data that the Company finds offensive.

Restrictions on Storage Space Usage

All accounts are subject to the following restrictions on storage space usage:

  • Accounts must have valid, working websites, and not violate any previously subscribed terms
  • Accounts are not for use of mass storage of backups, files, audio, video, zip files or others at our discretion
  • Accounts are not for us of mass distribution of files, such as torrents or mirrors

Any account found violating these terms may be suspended or terminated without warning.

Multi-Location Hosting

ArcSource Consulting Inc. does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. We also reserve the right to deny the transfer of any account to a new location for any or no reason.

No Warranty

Customer expressly agrees that use of the Company's services is at the Customer's sole risk. Neither ArcSource Consulting Inc., 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 as to 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. Customer also acknowledges and accepts that any damages will be limited to no more than 100% of the equivalent of one (1) month of service.

Limitation of Liability

Under no circumstances, including negligence, shall ArcSource Consulting Inc., 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 ArcSource Consulting Inc. records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all contents on all servers.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold ArcSource Consulting Inc. harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees ("Liabilities"), asserted against the Company, its agents, its Customers, 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 Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ArcSource Consulting Inc. 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 Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Customer sold on ArcSource Consulting Inc. servers.

Arbitration and Waiver of Jury Trial

By using any ArcSource Consulting Inc. services, the Customer agrees to submit to binding arbitration. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Each party agrees that any action arising out of or in connection with this Agreement shall be handled by an arbitrator of ArcSource Consulting Inc.'s choice. The arbitrator's award is final and binding on all parties. You, the Customer, are also responsible for any and all costs related to such arbitration. The language of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. Each party agrees that, whenever a party is requested to execute one or more documents evidencing such consent, it shall do so immediately.

Governing Law and Disputes

This agreement shall be governed by the laws of the State of California, 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 Alameda County, California, 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 Customer agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.

 
2550 9th Street, Suite 102 • Berkeley, CA 94710 | 510-843-2010