Terms of Service

Mach7 Enterprises (here in known as “The Company”) provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All customers and clients of The Company are subject to the following terms of service:

Indemnification Policy

You agree to use all The Company services and facilities at your own risk. The Company specifically disclaims all warranties of merchant-ability and fitness for a particular purpose. In no event shall The Company be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold The Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against The Company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless The Company against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with The Company.

The Company reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from The Company’s servers. The Company shall be the sole judge of what violates this Policy.

Accounts Activation Time-frame

Please allow up to 24 hours for any purchase to become active, all purchases are screened manually for fraudulent activity. Once the screening process has been completed your services will be activated. If you run into any issues please feel free to open a support ticket.

Fees & Price Changes

All fees on services and products are subject to change without notice. If you contact any member of our staff to perform any work, all work orders will be billed at our current hourly rate.

Late Fees: A late fee of 20% will be assessed of the total price of invoices, if invoices go 4 days over due. You will be provided with an overdue notice each day, for 3 days before a late fee is attached. 4 days after the invoice is due the late fee will be assessed.

Payment Options

We apologize but we do not accept checks or money orders, to prevent payments lost in the mail we have elected to only take digital payments via credit cards or PayPal.

The only form of auto payment that The Company accepts is via credit / debit cards. We do not utilize PayPal subscriptions.

Account Backups

NOTE: We are not responsible for any lost data, failed backups or data integrity. Our backups are stored on an off-site server away from our web servers and in a different data-center. To obtain a copy of your backups from the remote server, you will be required to submit a support ticket. We strongly suggest to customers that they also perform their own backups through the cPanel on a regular basis. We can not guarantee 100% that all backups will run flawlessly as they are each done via the automated system.

Billing Structure

All hosting invoices are due on the 1st of the month, the invoices will be auto generated a day prior to the the invoice date.

All billable items such as hourly work and consultations will be billed each Wednesday and due on the following Friday.

The billing emails are sent on the following schedule:

1 day prior to due date – Invoice is generated
1 day after the due date – Overdue notice sent
2 day after the due date – Overdue notice sent
3 day after the due date – Overdue notice sent
4 day after the due date – Late fee attached (20% of invoice)
5 day after the due date – Service is suspended

Web Space Usage & Backup Usage

Your account may NOT be used as a storage or backup facility. All files in your directory must be linked from publicly accessible web pages, and your web account, if used, must contain a functional website, not just a page or series of pages of links to file downloads.

Refund Policy

We offer a 24 hour refund period, if for some reason you are unhappy or just wish to cancel you may cancel your account and receive a full refund.
If you foresee a situation where you will not need a long contract please select a more frequent billing cycle instead of a longer contract. We offer monthly, quarterly, semi-annually, and annually.

Sign-up Specials

All specials advertised run for a limited time, once the specials time frame as run out, account fees will raise to the full amount.

Acceptable Use Policy:

All services provided by The Company may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless The Company and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered. Pornography is prohibited on all servers and services. This includes sites that include sexually explicit or hardcore images and/or advertising.

Subscriber 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 The Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

LIMITATION OF LIABILITY:

The Company shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from The Company’s servers going off-line or being unavailable for any reason whatsoever. Furthermore, The Company shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of The Company’s servers. All damages shall be limited to the immediate termination of service.

State & Local Laws

Regardless of where your account was registered we have to follow the laws very strictly for each location were we have a physical server and our home business state (Utah). If there are any laws broken by any client or subscriber that we host, your account may fall subject to a violation of this terms of service and can be terminated without notice.

DISCLAIMER

The Company cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by The Company are resold. Thus, certain equipment, routing, software, and programming used by The Company are not directly owned or written by The Company. Moreover, The Company holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as The Company sees fit. FURTHERMORE, The Company retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

 Updated: July 3, 2017