A nytime Money Back Guarantee. However, if you do want to leave, we offer an Anytime Money Back Guarantee that will allow you to receive a full or partial refund of certain fees. U se of the Services. T estimonials. The Endorsement will be the actual first-hand account of your experience using our Services and we may, at our discretion, use the Endorsement to promote our Services in-person, in print, online, and all other media.
We may also edit the Endorsement for brevity or other reasons, so long as it is consistent with your original Endorsement. If, at any time, you want us to stop using your Endorsement, please contact us using the contact information in Section 19 and we will cease using the Endorsement soon after processing your request. D ata Backups. A2 Hosting is not responsible for any data loss or corruption, including that resulting from: L icenses; Intellectual Property; Data Ownership.
D isclaimers. No oral or written information or advice given by A2 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.
A2 Hosting does not represent or warrant that the Services are complete or free from defects or errors. A2 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. A2 Hosting is not responsible for any loss of data, for any reason. A2 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.
A2 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. No warranties, either express or implied, made by these third party entities to A2 Hosting shall be passed through to you, nor shall you claim to be a third party beneficiary of those warranties.
L imitation of Liability. Es su obligación garantizar la exactitud, integridad, titularidad o propiedad, y seguridad de cualquier contenido que usted reciba de la Internet. In no event shall A2 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: Notwithstanding anything to the contrary contained in this policy, A2 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.
A2 Hosting will not be held responsible for any: Our uptime commitment described in the Server Maintenance Policy, located at https: I ndemnification. The terms of this section shall survive any termination of these TOS or the Services. A2 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 A2 Hosting hereunder infringes any U.
This indemnification provision is expressly limited to Services that are fully owned by A2 Hosting. It does not extend to products or services provided by third parties. If contained and permitted in its agreements with third-party suppliers, A2 Hosting shall flow down applicable intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying A2 Hosting promptly in writing of the claim and giving A2 Hosting full authority, information, and assistance for the defense and settlement thereof.
Notices will be sent to you at the email address in your account.
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It is your obligation to ensure that we have the most current email address for you by keeping your account information up to date. Please refer to our website, https: A2 Hosting, Inc. Box Ann Arbor, MI 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. More information about U.
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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. We do not honor requests from civil litigants that expenses be pre-approved, and we may require a deposit to secure payment.
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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 Michigan, United States of America, as if performed wholly within the state and without giving effect to the principles of conflicts of law.
District Court for the Eastern District of Michigan. All Claims. 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. No Waiver. 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. 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. All remaining terms of these TOS shall remain in full force and effect. Sections 11 through 18 shall survive the termination of these TOS. Claims Period. 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.
D ate of Policy. These TOS last updated November 20, P urpose. This is A2 Hosting, Inc. This Server Maintenance Policy discusses the ways in which we maintain our technology to improve and administer the Services as defined in the Terms of Service and how you will be impacted by those actions. Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services, located at: A vailability. We offer a We will use our commercially reasonable efforts to provide the Services twenty-four 24 hours a day, seven days a week.
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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.
M aintenance. Planned outages, including Scheduled Downtime, during these periods will not fall under our A2 Hosting will make a reasonable effort to advise A2 Hosting customers as far in advance as possible of any predicted extended outages. The Scheduled Downtime intervals are as follows the time zone is where the data center or server is located:. Routine Maintenance Window Weekly. Comprehensive Maintenance Window Monthly or Scheduled. 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.
This Server Maintenance Policy includes but is not limited to: Major system upgrades may require additional Scheduled Downtime. B ackup of Data. C ustomer Responsibilities. This Server Maintenance Policy was last updated junio 29, We ask that every customer read these policies and familiarize themselves with them. We look forward to providing quality support for all of your hosting needs. M ethods of Support. Support Generally. Support we offer is included as a Service.
We do not charge for responding to technical support tickets, phone calls or LiveChat but we do expect you to abide by the terms of this Support Policy and our other Policies when utilizing this Service. Technical Support Tickets. This is our primary support system. Almost ALL issues will require the submission of a trouble ticket. This is our preferred method because of the ability to track issues to resolution and give us time to properly review and research problems.
Please do not submit multiple tickets about the same problem as that simply creates confusion. If you need to add information to an existing ticket, please do so in the existing ticket by logging into the support system or by replying to the ticket email. LiveChat is available by clicking the Live Help button on our website. This gives you the ability to immediately contact one of our representatives. Due to the nature of live chat, our goal is to gather all necessary details and open a support ticket on your behalf. Our team is focused on ensuring proper resolutions as quickly as possible.
In the unlikely event that you experience a service interruption, we ask that you immediately call our support team and report the issue. Our support staff will work with you to resolve the issue. We understand that your time is valuable and we do our best to avoid any live troubleshooting of issues. Our staff will gather as much detail from you during your call and open a ticket on your behalf. We would be more than happy to call you back if you provide a call back number or we will attempt to use the phone number associated with your account if no call back number is provided.
C ustomer Relationships. We strive to provide you with courteous, professional, and technically accurate support. Although we understand how frustrating technical problems can be, we ask that you treat us with respect and we will do the same in return. Our ultimate goals are the same, providing you with accurate support in a timely manner. If you feel you have been treated unfairly or have any other complaints, you may contact us to reach a supervisor directly.
S upport Hours. The timeframes below are when the applicable method of support is provided. You can of course submit tickets outside this time frame, but answers may not be received until business hours resume. T echnical Support Tickets.
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B illing and Sales Support. Billing and Sales tickets are handled as quickly as possible. Please see our Refund and Billing Policy, located at: You can view invoices and update your payment method by accessing the customer portal located at: This Support Policy was last updated junio 29, Thank you for your business. Our goal is to allow our users complete access to everything the Internet has to offer, and to help them build their businesses. This AUP facilitates this goal by governing your use of the Services. Because of the evolving nature of the Internet, our business, and the various ways in which our, equipment, technology or network may be abused, abusive activities not set out in this AUP may still be prohibited.
For the same reason, we reserve the right to update this AUP from time-to-time. The most recent version will always be posted here. This AUP and our other Policies are part of your contract with us, and governs your use of our network and resources and our provision of the Services as defined in the Terms of Service.
If you are not our direct customer, you agree to abide by this AUP by using the Services provided by or through us. You are bound by policies from third parties that provide services to you through A2 Hosting. You are strongly encouraged to review such policies prior to agreeing to be bound by this AUP. We will provide you with additional information about those policies on request.
A ppropriate Use of A2 Hosting Services. Intellectual property rights are respected. You are required to comply with U. P rohibited Uses. Unsolicited commercial email, or SPAM, is prohibited. Our network is not designed to be used for mailing lists with over five hundred recipients and you may not send an email to more than five hundred recipients. If you need to send an email to over five hundred recipients, please contact our Support Team for a list of other service providers that can assist with this task.
Even if you send email to fewer than five hundred recipients, we will consider your mail to be unsolicited, or SPAM, if it results in a number of complaints to us, disrupts our network, or subjects us to unfavorable action by other Internet providers. If you believe one of our customers is engaged in spamming, please send an email containing all headers, and your contact information, to: Certain content is prohibited. You are responsible for any content transmitted, or accessed, using our network.
Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited. You may not use our network to directly facilitate the violation of any particular law or regulation or this AUP. The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited by this AUP. Use of our network to host content related to or to engage in the following activities is strictly prohibited.
Websites promoting illegal activities. This does not cover Government officials when providing contact email addresses or the representatives work phone;. If you believe that another customer is using our network in violation of these Policies, please contact us. Websites hosted on A2 Hosting servers are regulated by U. Pursuant to Section c of the Communications Decency Act of , A2 Hosting's policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a Federal or state court of the United States, as evidenced by a court order.
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As a hosting service provider, A2 Hosting is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system to provide guidance and to determine whether or not material is indeed defamatory. If a Federal or state court of the United States deems material to be defamatory, libelous, or slanderous in nature, we will fully comply and disable access to the material in question in accordance with a court order.
Similarly, if a Federal or state court of the United States places an injunction on specified content or material being made available, we will comply and remove or disable access to the material in question, per a court order. Network Stability. Our network is designed to meet the anticipated needs of our customers, users, and our needs. If we determine that your use of the Services is in breach of our Policies or impairs the stability of our equipment, technology or network, we may suspend your use of the network, throttle back the bandwidth available for your use, or terminate our agreement with you, in our sole discretion.
Monitoring of Communications. We have the duty and obligation to comply with U. In certain cases that means that your use of the Services will be monitored. You agree that we are not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that you have no expectation of privacy. From time-to-time we may monitor your use of the network for statistical purposes and to improve the use of our network.
U se of Services. IP Addresses. The IP addresses we assign to you are the only ones you may use in connection with the Services. Your use of the Services may be suspended if we determine that you are using other IP addresses. IP addresses are part of your use of the Services, and are owned by us and simply assigned to you while you are a customer. We may change these addresses if necessary. IP addresses may not be assigned or transferred, and will be recycled by us if you terminate your use of the Services.
We may provide software for you to use while you are a customer. Generally speaking, this software is sublicensed to you, and may not be further sublicensed or used for purposes other than those expressly permitted in our Terms of Service or our other Policies, and in the documentation provided with the software. You will be given, or given access to, a software license. This license may further restrict your use of the software.
We do not provide support for software whether you license it through us, or have licensed it independently. C lient Notification. In the event of a violation of any of our Policies, our Compliance Team will take commercially reasonable steps to notify you via email with relevant details about the alleged violation. Compliance with applicable Federal, State, and Local laws, and court orders will also be taken into account when we respond to alleged violations.
C ontacting Us. Le recomendamos comunicarse con nosotros si usted cree que alguien ha infringido esta PUA. Para facilitar esta comunicación, y asegurarse de que los temas importantes sean respondidos y atendidos, hemos asignado canales específicos para la comunicación con nosotros. No responderemos correspondencia anónima, y denunciaremos con las autoridades legales apropiadas a las personas que deliberadamente intenten entregarnos información falsa sobre su identidad o los motivos de sus reclamos.
Nada que usted nos envíe o comunique es confidencial, sin importar que usted declare que lo es. Please send all email correspondence to: This Acceptable Use Policy was last updated August 29, Package Renewal. Domain Name Renewal. If your payment method of choice does not allow automatic payments to be applied, payment must be made manually on or before the invoice due date or the domain name may lapse. Failure to Renew. Accounts that have invoices which are more than fourteen 14 days overdue will be suspended. If a suspended account is to be reactivated, all of the overdue invoices will need to be paid to make it current before the suspension is lifted.
Accounts that have invoices more than two months overdue are considered abandoned and will be subject to termination. R esponsibility for Payment. Your first invoice is generated at the time you purchase the Services. You are responsible for the fees and charges set out within the initial web portal invoice you pay on the Effective Date and any other invoice generated for a Renewal Term.
If paying by credit card, Paypal Billing Agreement, or any other payment method capable of automatic charge, you will be charged on the Due Date. New services, packages or domains that are ordered and unpaid after seven 7 days will be canceled. In the event that the customer fails to pay for services given, A2 Hosting may assign unpaid late balances to a collection agency for appropriate action.
Price Adjustments. To remain competitive, we occasionally make changes to our plans and pricing. To have your plan updated to current offerings please contact our billing team. We cannot go back and modify invoices that have already been paid but will be happy to modify your plan for new invoices. If you cancel after thirty 30 days from the Effective Date, you will be issued a prorated refund, rounded up to the next full month of service. No refunds will be issued for partial months of service. Refund requests received after one hundred twenty days from the Effective Date will be issued via PayPal.
Refunds are not offered for partial months of service. Accounts that are terminated due to violations of our Policies are not eligible for a refund. All third party fees, including domain registration fees, setup fees and migration fees, are non-refundable, non-negotiable and excluded from our Anytime Money Back Guarantee. For free domain registration promotions. You will retain the domain registration.
Accounts that are terminated due to Terms of Service violations are not eligible for a refund. Domain registrations, setup fees and migration fees are not refundable. Service credits have no cash value and are extended at our discretion. Service credits expire if your account is fully terminated. All refunds are subject to the terms of service for any third party payment processor and those terms take precedence over the terms in the Terms of Services and our Policies.
In the event we are unable to refund any fees or charges via the method of payment, we will use commercially reasonable efforts to return or credit the appropriate funds to you.
If you paid us by credit card we will credit the card on file. If you paid us by PayPal, we will take steps to refund the PayPal account. Founded in , Ubiquity Hosting is one of the fastest growing providers of dedicated and cloud server solutions to businesses worldwide. Ubiquity Hosting started out small, hosting dedicated servers from a single data center in Chicago, IL, and Beginnings in Managed Services, Cloud and Dedicated Hosting Since , Layered Tech has been redefining what can and should be expected from a managed services provider.
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