commercial-website

1. Services

Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of AcmeHost’s credit approval requirements,

AcmeHost agrees to provide the web hosting services described in the Order for the fees stated in the Order.

2. Term

The initial service term of the Agreement shall begin on the date that AcmeHost generates an e-mail message to Customer

announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of

months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for the

same length as the Initial Term (each a “Renewal Term”) unless AcmeHost or Customer provides the other with termination notice

within 7 days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal

Term may be referred to collectively in this Agreement as the “Term.”

3. Payments

(a) Recurring Fees

Renewal notices are emailed seven days before the actual renew date in your account. If you have a credit card on file your card will

automatically be charged two days before your renewal notice is due. If your billing method is Paypal you will need to manually pay

your invoice every month. All payments submitted for services are non-refundable outside of our 30 day refund policy. Service will be

made inactive on accounts that are not paid by the 7th day past due. The term “Account” describes all services provided to a

customer as defined by the primary ownership email and physical address. AcmeHost reserves the right to revoke this grace period

if a pattern of late payment is observed or if your payment method is listed as other. All orders made with a credit card are expected

to work on the monthly renewal date each month. Any accounts made inactive for non-payment are subject to a $10.00 late payment

fee. Any accounts terminated due to non payment are subject to a $10.00 restoration fee once all past due invoices have been paid.

(b) Payment Terms

For your convenience AcmeHost offers multiple payment terms with increasing discounts for it’s product lines. All payments to

AcmeHost are non refundable after the first 30 days of service. Within the first 30 days of a Quarterly, Semi-Annual or Yearly paid

service you may request that it be converted to a Monthly subscription and the remaining balance will be refunded to your original

payment method. If after the first 30 days of service you request the package to be converted to a different billing cycle any

additional monies will be applied to your account in the form of credits and will not be refunded. Prior to paying a renewal invoice and

before your renewal date you may have your payment terms changed at no additional charge. If you wish to cancel a Quarterly,

Semi-Annual or Yearly package prior to its renewal date, your package will be pro-rated to the nearest Monthly billing cycle and any

remaining funds will be credited to your account. Any cancellation as the result of a violation of our TOS or AUP will be non

refundable.

(c) Credit/Debit card and your Address on File

When an order is placed with a credit/debit card, your card is stored on file and will automatically be charged every month two days

before your due date. For security purposes your address on file with us must match the address of your credit/debit card. If this

address does not match, our payment gateway will not accept the transaction. If you have a credit card on file and the transaction is

declined due to the address this transaction might show up as a pending charge but will not be processed through. If you have a

debit card on file and the transaction is declined due to the address your bank will pull the money out of your account but this money

will be refunded back to your account by your bank. It is recommended to always store a credit card on file instead of a debit card.

(d) Payments by Electronic Check (eCheck or ACH)

AcmeHost accepts electronic check, commonly known as eCheck or ACH payments from banks or financial institutions located in

the United States payable in U.S. dollars only. When you enter your echeck or ACH information, it is stored on file and will

automatically be charged every month two days before your due date. You agree and confirm that AcmeHost may debit the full

invoiced amount from your checking account as a non-refundable payment and may use this account for recurring payments. If you

do not wish to enable recurring payments on your ACH account please disable them by following the directions here: Enable Auto

Debit. It is your responsibility to ensure that adequate funds are in your account to cover any and all invoices submitted against it.

AcmeHost is not liable nor responsible for any fees, overdraft charges or any other penalties that may result in a lack of funds when

invoices are processed.

(e) Fees and Penalties for Electronic Check (eCheck or ACH)

The customer (you) acknowledges that it is your responsibility to ensure that adequate funds are in your account to cover any and all

invoices submitted against it. AcmeHost is not liable nor responsible for any fees, overdraft charges or any other penalties that may

result in a lack of funds when invoices are processed. AcmeHost will attempt to process an automatic debit against your ACH

account no more than two (2) times in a calendar month before disabling the auto-debit feature of your account. Customer

acknowledges AcmeHost will charge $5 for each failed attempt to process a payment and $35 for any chargeback associated with

an ACH payment. AcmeHost is not liable nor responsible for any fees, overdraft charges or any other penalties that may result in a

lack of funds when invoices are processed.

(f) Taxes

At AcmeHost’s request Customer shall remit to AcmeHost all sales, VAT or similar tax imposed on the provision of the services (but

not in the nature of an income tax on AcmeHost, regardless of whether AcmeHost fails to collect the tax at the time the related

services are provided.

(g) 30 Day Money Back Guarantee

All new AcmeHost Customers are eligible for a 30 day money back guarantee on all hosting packages upon written request,

excluding Dedicated Servers, Domain Name Registrations and SSL Certificates. The definition of a new customer is one who has

never purchased services from AcmeHost in the past. Also if a customer purchases a 2nd, 3rd, etc. hosting package and wishes to

cancel this particular package they are not eligible for a refund. If you exceed your bandwidth limit within the first 30 days of service

you are not eligible for the 30 day money back guarantee. If the TOS/AUP agreed upon when ordering is violated this voids your

eligibility for the 30 day money back guarantee. AcmeHost reserves the right to deny the refund if we feel abuse of services has

occurred.

(h) Refunds for Domains & SSL Certificates

You may cancel any domain registration (other than domains registered via drop-catching) with us within three (3) days of purchase

for a full refund (minus any applicable transaction fees). You may cancel at any time after the three-day period, but no refund will be

issued. SSL Certificates may be canceled within 5 days of purchase for a full refund or account credit. After the five-day grace period

you may cancel your SSL certificate but no refund shall be issued.

(i) Payments Dedicated Servers

We do not offer a 30 day money back guarantee on Dedicated Servers. Renewal notices are emailed seven days before the service

due date. If you have a credit card or ACH account on file your it will automatically be charged two days before your renewal date. If

your billing method is Paypal you will need to manually pay your invoice every month by the due date at 12 PM EST. All renewals

made with a credit card are expected to work on the day your card is charged. In the event you fail to pay your invoice by the due

date, we reserve the right to suspend your entire account and a late fee of $25 applies. The term “Account” describes all services

provided to a customer as defined by the primary ownership email and physical address. If your invoice is still not paid by the 7th day

past the due date on the invoice, we reserve the right to terminate your service entirely and reformat your server.

(j) Service Upgrades

Customer agrees that service and license upgrades will be maintained for a minimum of 30 days or one full billing cycle, whichever

comes first. This includes but is not limited to purchases of add-on software, license upgrades, package upgrades and physical

upgrades to dedicated servers such as hard-disk or ram upgrades.

4. Cancellation and Early Termination

Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire

Initial Term, or Renewal Term, as applicable. In the event AcmeHost terminates the Agreement for Customer’s breach of the

Agreement in accordance with Section 12 (Termination), or Customer terminates the service other than in accordance with Section

12 (Termination) for AcmeHost breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal

Term, as applicable, are due on the business day following termination of the Agreement. Customer acknowledges that the

cancellation notice or downgrade of current package is to be submitted to AcmeHost prior to the following renewal date or the

Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following

guidelines: Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for

the entire Initial Term, or Renewal Term, as applicable. In the event AcmeHost terminates the Agreement for Customer’s breach of

the Agreement in accordance with Section 12 (Termination), or Customer terminates the service other than in accordance with

Section 12 (Termination) for AcmeHost breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current

Renewal Term, as applicable, are due on the business day following termination of the Agreement. Customer acknowledges that the

cancellation notice or downgrade of current package is to be submitted to AcmeHost prior to the following renewal date or the

Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following

guidelines:

Cancellation request must be submitted to the billing department

Cancellation request must be submitted from the main email address on file with AcmeHost

Cancellation request must contain the main IP address and hostname of the hosting plan you wish to cancel

5. Cancellation and Early Termination (Dedicated Servers)

Customer acknowledges that the cancellation notice is provided prior to the following renewal date in writing to AcmeHost or the

Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following

guidelines:

Cancellation request must be submitted to the billing department

Cancellation request must be submitted from the main email address on file with AcmeHost

Cancellation request must contain the main IP address of the server you wish to cancel

6. Law/AUP

Customer agrees to use the service in compliance with applicable law and AcmeHost’s Acceptable Use Policy (the “AUP”), which is

hereby incorporated by reference in this Agreement. Customer agrees that AcmeHost may, in its reasonable commercial judgment

consistent with industry standards, amend the AUP and TOS from time to time to further detail or describe reasonable restrictions

and conditions on Customer’s use of the Services. Amendments to the AUP and TOS are effective on the earlier of AcmeHost’s

notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the

amendment. Customer agrees to cooperate with AcmeHost’s reasonable investigation of any suspected violation of the AUP. In the

event of a dispute between AcmeHost and Customer regarding the interpretation of the AUP, AcmeHost’s commercially reasonable

interpretation of the AUP shall govern.

7. Customer Information

Customer represents and warrants to AcmeHost that the information he, she or it has provided and will provide to AcmeHost for

purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to

AcmeHost that he or she is at least 18 years of age. AcmeHost may rely on the instructions of the person listed as the Primary

Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the

Primary Customer Contract.

8. Indemnification

Customer agrees to indemnify and hold harmless AcmeHost, AcmeHost’s affiliates, and each of their respective officers, directors,

agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines,

punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable

attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of

Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information,

regardless of whether such person has been authorized to use the services by Customer.

9. Disclaimer of Warranties

ACMEHOST DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR

COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW ACMEHOST DISCLAIMS ANY AND ALL

WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS

IS” BASIS.

10. Limitation of Damages.

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL,

CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED

BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS

BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF

ACMEHOST AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH

OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE

AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.

IF ANY LAWSUIT OR ARBITRATION OR OTHER LEGAL PROCEEDING ARISES IN CONNECTION WITH THE

INTERPRETATION OR ENFORCEMENT OF THIS AGREEMENT, ACMEHOST SHALL BE ENTITLED TO RECEIVE FROM THE

OTHER PARTY THE COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES INCURRED IN CONNECTION

THEREWITH, IN PREPARATION THEREFOR AND ON APPEAL THEREFROM, WHICH AMOUNTS SHALL BE INCLUDED IN

ANY JUDGMENT THEREIN.

11. Suspension/Termination.

(a) Suspension of Service.

Customer agrees that AcmeHost may suspend services to Customer with or without notice and without liability.

(b) Termination.

AcmeHost reserves the right to terminate the Agreement or deny services at any time with or without notice and without liability. The

Agreement may be terminated by the Customer prior to the expiration of the Initial Term or any Renewal Term without further notice

and without liability if AcmeHost fails in a material way to provide the service in accordance with the terms of the Agreement and

does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. Termination in

this manner does not absolve the customer of any required payments remaining on their initial or renewal term. The Customer may

also terminate this agreement as per Section 4 and Section 6 respectively.

Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an

assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a

trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or

readjustment of all or substantially all of its obligations.

12. Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should

your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend

the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of

package, terminate the account and/or charge you an additional fee for the overages. Bandwidth overages are billed at the rate of

$20 per TB used. Unused transfer in one month cannot be carried over to the next month. If you exceed your bandwidth limit within

the first 30 days of service you are not eligible for the 30 day money back guarantee and you are responsible to pay for any overage.

13. Domains

AcmeHost is not a domain registrar. We are a reseller for Enom so all AcmeHost customers who purchase a domain or transfer a

domain to us are bound by the terms and conditions set forth by Enom. You will receive notice from AcmeHost once your domain is

up for renewal. If you do not renew your domain by the expiration date you run the risk of loosing your domain. Domain names are

billed as separate services and must be kept current to ensure they do not expire. If your domain name has expired, you may renew

it at the regular price no more than 25 days after the expiration date. If the domain has been expired for 31 days or more it may have

been auctioned off, if so your domain is gone. If your domain was not auctioned you may redeem the domain for a $125 fee no later

than 60 days past the expiration date. Domains are not guaranteed to be renewable past 25 days of their expiration. All domains will

cease to function past their expiration date until renewed. There is no grace period on domain name registrations. Should any

payment dispute or chargeback arise regarding your domain name services, access and rights to your domain name will be

immediately forfeited. To recover your domain name from forfeiture a reinstatement fee of $75 plus your remaining balance will be

required if processed within the original expiration time.

(a) Domain Cancellation, Renewal and Refund Policy

You may cancel any domain registration (other than domains registered via drop-catching) with us within three (3) days of purchase

for a full refund (minus any applicable transaction fees). You may cancel at any time after the three-day period, but no refund will be

issued.

You may cancel domain renewals (other than renewals associated with Expired Domain Auctions) with us within three (3) days of

purchase for an account credit (minus any applicable transaction fees). If you transfer your domain within 45 days of a domain

renewal, you may not be entitled to a refund and you may also not receive any extended registration time on your domain. ALL

DOMAIN RENEWAL CANCELLATIONS, OTHER THAN CERTAIN AUTOMATIC RENEWALS, WILL RESULT IN YOUR DOMAIN

BEING DELETED AND PLACED INTO THE REDEMPTION PERIOD AT THE REGISTRY. THIS MEANS THAT YOU WILL NOT BE

ABLE TO RENEW THE DOMAIN WITH US WITHOUT PAYING FOR A RESTORATION, OR POSSIBLY NOT AT ALL. IF YOU

HAVE TIME REMAINING ON YOUR REGISTRATION IT WILL BE SACRIFICED IN TOTAL WHEN RECEIVING A RENEWAL

REFUND. Important note regarding domain renewal refunds. At our sole discretion, we may choose not to issue a domain renewal

refund if your cancellation rate surpasses the ratios set by our system.

14. Requests for Customer Information

Customer agrees that AcmeHost may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer

or any of Customer’s customers or end users that AcmeHost believes violates applicable law, and (ii) provide any information that it

has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or

regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

 

15. Back Up Copy

AcmeHost highly recommends that all customers retain up to date backup copies of their data off site for disaster recovery purposes.

VPS Customers:

AcmeHost provides complementary backup services for our VPS customers. These snap shots are taken every other day and stored

for approximately 7-14 days. Customer agrees to maintain a current copy of all content hosted by AcmeHost notwithstanding any

agreement by AcmeHost to provide back up services. Customer acknowledges that any backups provided by or for AcmeHost

services are a courtesy service intended for disaster recovery only and that AcmeHost does not warrant or guarantee the availability,

integrity, content or operability of these backups.

Cloud Customers:

AcmeHost provides complementary backup services for our Cloud customers. These snap shots are taken every other day and

stored for approximately 7 days. Customer agrees to maintain a current copy of all content hosted by AcmeHost notwithstanding any

agreement by AcmeHost to provide back up services. Customer acknowledges that any backups provided by or for AcmeHost

services are a courtesy service intended for disaster recovery only and that AcmeHost does not warrant or guarantee the availability,

integrity, content or operability of these backups.

Shared Customers:

AcmeHost provides complementary backup services for our Managed Cloud customers. We create and store one weekly and two of

the most recent daily backups. Customer agrees to maintain a current copy of all content hosted by AcmeHost notwithstanding any

agreement by AcmeHost to provide back up services. Customer acknowledges that any backups provided by or for AcmeHost

services are a courtesy service intended for disaster recovery only and that AcmeHost does not warrant or guarantee the availability,

integrity, content or operability of these backups.

WordPress Customers:

AcmeHost provides complementary backup services for our Managed WordPress customers. We create and store one weekly and

two of the most recent daily backups. Customer agrees to maintain a current copy of all content hosted by AcmeHost

notwithstanding any agreement by AcmeHost to provide back up services. Customer acknowledges that any backups provided by or

for AcmeHost services are a courtesy service intended for disaster recovery only and that AcmeHost does not warrant or guarantee

the availability, integrity, content or operability of these backups.

Dedicated Server Customers:

Dedicated server customers are encouraged to purchase and maintain a secondary drive to create and store backups on. AcmeHost

also offers external storage packages for our customers to create and maintain their own backups stored external of their dedicated

server. AcmeHost does not warrant or guarantee any backups on Dedicated Servers.

Unmanaged Customers:

AcmeHost does not provide any backup services for our unmanaged product lines. Customer is responsible for creating and

maintaining backups of their data. AcmeHost does not warrant or guarantee any data on unmanaged services.

16. Request for Rebuild/Restore of Hosting Package

During any service term, customer may request up to two free rebuilds for a control panel change and one free rebuild/restore for

any reason of choice. If a customer should need to request a rebuild/restore after this a $10.00 one time fee will be enforced. If a

customer requests a partial restoration of data a nominal fee of $10.00 will be charged for each request.

17. Changes to AcmeHost’s Network

Upgrades and other changes in AcmeHost’s network, including, but not limited to changes in its software, hardware, and service

providers, may affect the display or operation of Customer’s hosted content and/or applications. AcmeHost reserves the right to

change its network in its commercially reasonable discretion, and AcmeHost shall not be liable for any resulting harm to Customer.

18. Notices

Notices to AcmeHost under the Agreement shall be given via electronic mail to the e-mail address of acmehost@AcmeRich.com. All

notices, including but not limited to support or billing requests, must be submitted from a registered e-mail address on file for the

customer account.

Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. It is the

Customers responsibility to ensure valid and accurate contact information is supplied and updated as necessary. Notices are

deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered.

Customer may change his, her or its notice address by a notice given in accordance with this Section.

19. Force Majeure

AcmeHost shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event

beyond AcmeHost’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the

Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a

magnitude or type for which precautions are not generally taken in the industry.

20. Binding Arbitration

As a Customer of AcmeHost you agree to submit to binding arbitration. Any controversy or claim arising out of or relating to this

Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance

with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having

jurisdiction thereof. The location of Arbitration shall be selected by AcmeHost at the time of the dispute.

No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or

dispute would be barred by the applicable statute of limitation.

The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages & each

party shall bear its own costs, fees and expenses of arbitration.

21. Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks,

trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark

without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a

partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party

acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it

has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms

on Customer’s purchase order or other business forms are not binding on AcmeHost unless they are expressly incorporated into a

formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be

deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any

of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future

occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the

convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity

obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these

miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are

no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the

Agreement. Customer may not transfer the Agreement without AcmeHost’s prior written consent. AcmeHost’s approval for

assignment is contingent on the assignee meeting AcmeHost’s credit approval criteria. AcmeHost may assign the Agreement in

whole or in part.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding

its subject matter and supersedes and replace any prior understanding or communication, written or oral.

Last updated on 05/07/2019