General Provisions
Thank you for choosing Integral Hosting.com! Use of any Integral Hosting Service constitutes acceptance and
agreement to Integral Hosting's Acceptable Use Policy as well as Integral
Hosting TOS (Terms of Service) Integral Hosting (Integral Hosting.com)
provides Service on an "AS IS" basis, and without warranty of any kind, whether
express or implied, including, but without limitation, any implied warranty of
merchantability, or fitness for a particular purpose.
User acknowledges that the service provided is of such a nature that service can
be interrupted for many reasons other than the negligence of the company and
that damages resulting from any interruption of service are difficult to
ascertain. Therefore, subscriber agrees that Integral Hosting shall not be
liable for any damages arising from such causes.
Integral Hosting is not responsible for any damages your business may suffer.
Integral Hosting does not make implied or written warranties for any of our
services. Integral Hosting denies any warranty or merchantability for a specific
purpose. This includes loss of data resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions caused by Integral Hosting.
Integral Hosting has the right to change prices, or add or delete product
features of any existing product or service. All orders are subject to
acceptance by Integral Hosting. Integral Hosting has the right to discontinue
products or services at any time. Integral Hosting reserves the right to amend
its policies at any time. Part of this policy was written under the framework of
our parent provider's required TOS.
Term
Customer agrees to a month to month contract term for
services unless otherwise agreed to in writing. The month to month contract for
services is automatically renewed each month in perpetuity subject to written
cancellation by the Customer.
Monthly Service Fees
Fees for service(s) ordered by the
Customer shall begin on the date of the initial order and that date shall serve
as the monthly anniversary date for allfuture billings including one time fees,
upgrades, additional services, cancellations and service credits. Fees are due
in advance of the monthly service cycle and will be billed on the anniversary
date of each month.
Upgrade Fees
Upgrades ordered on the billing anniversary date
will be billed for a full month service and will continue each month on the
anniversary date. Upgrades ordered after the normal anniversary billing date
will be pro-rated to the next anniversary date and billed as a one time pro-rata
charge. Future charges will appear as full monthly fees added to your existing
anniversary billing date.
Additional Service Fees
Additional services ordered on the
billing anniversary date will be billed for the full month service and will
continue each month on the anniversary date. Additional services ordered after
the normal anniversary billing date will be pro-rated to the next anniversary
date and billed as a one time pro-rata charge. Future charges will appear as
full monthly fees added to your existing anniversary billing date.
One Time Fees
One time fees, such as setup fees,
administrative fees, bandwidth overages and late fees are due and payable at the
time they are incurred, and agreed upon in writing or via ticket with approval.
Service Credits
Service credits will be issued to your
Customer account and shall be used to offset future billable services. Service
credits shall not be issued as cash back to the Customer nor are service credits
transferable to other account holders.
Cancellation
If for any reason you would like to cancel your
service, please visit https://www.integralhosting.com/services/cancel/ and fill out the request form.
Account cancellations are effective at the end of
your current billing period. You must put in your cancel request 14 days before
your next billing date. Failure to supply the advanced notice of cancellation
will result in a full billable monthly cycle prior to cancellation. All customer
data remaining after the cancellation date will be destroyed for security and
privacy reasons.
100% Money Back Guarantee
In the event that you are not
completely satisfied with our services, Integral Hosting offers you a 100%
30-day Money Back Guarantee for our Value, Prime, Elite and MaxPlus Shared
Web Hosting Plans only. If for any reason you decide to discontinue your web
hosting services during the first 30 days of service, you will receive a full
refund upon written request. VDS accounts and dedicated servers do not qualify
for the money back guarantee.
Refunds & Disputes
All services rendered by The Company are
non-refundable unless processed through our 30 day money back guarantee for
shared web hosting accounts. VDS accounts and dedicated servers do not qualify
for the money back guarantee only. Customers seeking to resolve billing errors
are instructed to open a billing ticket at http://www.integralhelp.com.
Customer agrees not to chargeback any credit card payments for services
rendered. A chargeback of payment for services rendered will result in an
additional charge of $150 and will be subject to collection by an authorized
collection agency.
Non-Payment
All payments are due in full on the monthly
anniversary date. Failure to remit payment for services on the monthly
anniversary date is a violation of the TOS. Failure to remit payment for five
(5) consecutive days, including the anniversary date, shall result in a
termination of public access to Customer services. Failure to remit payment for
services within seven (7) consecutive days, including the anniversary date,
shall result in termination of access to the service network and all services
shall be reclaimed. A late fee of $25 will be incurred for failure to remit
payment for services on or before the monthly anniversary date. A $25 reconnect
fee will be incurred for failure to remit payment for services after public
access has been disconnected. All Customer data remaining after seven (7) days
of non-payment will be destroyed for security and privacy reasons.
SPAM and Unsolicited Commercial Email (UCE)
Integral Hosting
takes a zero tolerance approach to the sending of Unsolicited Commercial Email
(UCE) or SPAM over the network. Very simply this means that customers of
Integral Hosting may not use or permit others to use the network to transact in UCE.
Customers of Integral Hosting may not host, or permit hosting of, sites or
information that is advertised by UCE from other networks. Violations of this
policy carry severe penalties, including termination of service.
Violation of Integral Hosting's SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy, Integral Hosting
will initiate an immediate investigation (within 48 hours of notification).
During the investigation, Integral Hosting may restrict customer access to the
network to prevent further violations. If a customer is found to be in violation
of our SPAM policy, Integral Hosting may, at its sole discretion, restrict,
suspend or terminate customer's account. Further, Integral Hosting reserves the
right to pursue civil remedies for any costs associated with the investigation
of a substantiated policy violation. Integral Hosting will notify law
enforcement officials if the violation is believed to be a criminal offense. If
customer is found to be in violation of our SPAM policy, customer shall not be
entitled to a refund of any fees paid in advance prior to such violation.
Bandwidth and Disk Usage
Customer agrees that bandwidth and
disk usage shall not exceed the number of megabytes per month ordered by
Customer. Integral Hosting will monitor Customer's bandwidth and disk usage.
Integral Hosting shall have the right to take corrective action if Customer's
bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may
include the assessment of additional charges, disconnection or discontinuance of
any and all Services, or termination of this Agreement, which actions may be
taken is in Integral Hosting's sole and absolute discretion. Integral Hosting
may, at its sole discretion, restrict, suspend or terminate customer's account.
Customer shall not be entitled to a refund of any fees paid in advance prior to
such action. Bandwidth overage is billed at $1.00 per GB
System and Network Security
Users are prohibited from violating
or attempting to violate the security of the Integral Hosting Network.
Violations of system or network security may result in civil or criminal
liability. Integral Hosting will investigate occurrences, which may involve such
violations and may involve, and cooperate with, law enforcement authorities in
prosecuting Users who are involved in such violations.
These violations include, without limitation: Accessing data not intended for
such User or logging into a server or account, which such User is not authorized
to access. Attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization. Attempting to interfere with service to any user, host or
network, including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing". Forging any TCP/IP packet header or any part of
the header information in any e-mail or newsgroup posting. Taking any action in
order to obtain services to which such User is not entitled. If customer is
found to be in violation of our System and Network Security policy, Server
Intellect may, at its sole discretion, restrict, suspend or terminate customer's
account. Customer shall not be entitled to a refund of any fees paid in advance
prior to such action.
Suspension of Service
Integral Hosting reserves the right to
terminate or suspend network member access to any customer if in the judgment of
the Integral Hosting network administrators that the customer's web site is the
source or target of a network attack or is found to be in violation of any of
the other terms of the AUP or TOS or for any other reason which Integral Hosting
chooses. If inappropriate activity is detected, all accounts of the Customer in
question will be deactivated until an investigation is complete. Prior
notification to the Customer is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. The customer will not be credited for
the time the customer's account was suspended. If customer is found to be in
violation of any Integral Hosting policy, Integral Hosting may, at its sole
discretion, restrict, suspend or terminate customer's account. Customer shall
not be entitled to a refund of any fees paid in advance prior to such action.
Abusive behavior of any sort will not be tolerated and will be grounds for
termination. Integral Hosting has the right to deny an order or service renewal
for any reason Integral Hosting chooses.
Data
The Company agrees to use best efforts and commercially
reasonable best practices when deploying services related to data integrity,
backup, security, and retention. These services include, but are not limited to:
hard drive storage, raid hard drive arrays, network attached storage, storage
area networks, operating system installs, operating system reloads, customer
portal information, and other situations involving customer data. Customer
assumes ultimate responsibility for data integrity, retention, security, backup,
and ownership.
Data Restore
All customer Web Files and Microsoft SQL Server
Database Files are backed up on a nightly basis and are stored for 7 full days.
We can restore any Web File or Database File upon request for a $25.00
restoration fee.
Identity Use
Customer agrees to use The Company logo, Company
information, and related services in accordance to the approved marketing
guidelines. Company agrees not to use Customer name, logos, or information
without prior written consent of Customer.
Laws
Customer agrees to abide by all local, state, and federal
laws pursuant to services delivered in Greensboro, North Carolina, United States of
America. Proper venue for legal remedies shall be Guilford County, Greensboro,
North Carolina. All contact terms found herein shall be bound by North Carolina State Law or
the Uniform Commercial Code whichever may be applicable.
Mutual Indemnification
Each party agrees to indemnify and hold
harmless the other party, the other party's affiliates, and each of their
respective officers, directors, attorneys, 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 indemnifying party's actual or alleged infringement or
misappropriation of a third party's copyright, trade secret, patent, trademark,
or other proprietary right.
Limitation of Liability
Except as described in the SLA, The
Company shall not be liable to Customer for harm caused by or related to
Customer's services or inability to utilize the services unless caused by gross
negligence or willful misconduct. Neither Party shall be liable to the other for
lost profits, direct or indirect, special or incidental, consequential or
punitive, or damages of any kind whether or not they were known or should have
been known. Notwithstanding anything else in this agreement, the maximum
aggregate liability of The Company and any of its employees, agents or
affiliates, under any theory of law shall not exceed a payment of money not to
exceed the amount paid by the customer for hosting services for the six moths
prior to the occurrence of the event(s) giving rise to the claim.
Arbitration
Any controversy or claim arising from service or related
to this contract or breach therein in excess of $500.00 shall be settled by
arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association. The resulting judgment rendered by a licensed
arbitrator may be entered in any court having valid jurisdiction.
Electronic Signature
Acceptance of the Master Service
Agreement incorporating the
Terms of Service,
Acceptable Use Policy,
Service Level Agreement
and
Privacy Agreement
hereby initiates billable services and is deemed complete by agreement to the
terms as described on the online signup form(s) and completion of the ordering
process.