Terms of Service / Acceptable Use Policy
Mach7 Enterprises provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Mach7 Enterprises are subject to the following terms of service:
You agree to use all Mach7 Enterprises services and facilities at your own risk. Mach7 Enterprises specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Mach7 Enterprises 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 Mach7 Enterprises harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees asserted against Mach7 Enterprises, 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 Mach7 Enterprises against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Mach7 Enterprises’s server.
Mach7 Enterprises 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 Mach7 Enterprises’s server. Mach7 Enterprises shall be the sole judge of what violates this Policy.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
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 the current rate as listed on our website.
Late Fees: A late fee of 20% will be assessed to the total price of invoices that go 4 days overdue. You will be provided with an overdue notice via email for 3 days before the late fee is attached on the 4th day.
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.
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-server 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 by emailing email@example.com. 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.
We are unable to create backups for sites larger than 30 gigabytes.
Billable Items & Services
All billable items and services are billed on the 1st of every month, and invoices will be generated 7 days prior to the billing date. Prorated fees do apply.
Emails and when they are sent:
- 7 days prior to due date – Invoice is generated
- 5 days prior to due date – Unpaid reminder sent.
- 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
- Website Virus Scanner – Not 100% guaranteed to find & fix all infections. Just as anything else this software is better to run then not run at all to catch any infections.
- Website Intrusion Monitoring (WIM) – Website intrusion monitoring is just that, it is a service that we provide to detect if someone has hacked into your account and has placed malicious code into your website to cause yourself or your visitors’ harm. These injections can include Website redirects, automatic file downloads, backdoors. WIM is ran once a week on subscribed accounts, and the results of each scan are hand filtered. This eliminates the high chance of a false positive. However, WIM is only a preventive measure and is not guaranteed at 100%.
- All scanning services are a proactive response, we do not guarantee that you will not get hacked, or will not get a virus while subscribing to our monitoring services. But we do guarantee that if we do detect something on your website we’ll notify you about it and give you some options on how to remove it. If you would like Mach7 Enterprises to do the removal for you the work will be billed at our hourly rate.
Overdue Payments & Suspension Periods
7 days before the invoice due date a reminder will be sent.
First and last overdue reminder will be sent one day after first overdue date.
If an invoice goes unpaid for 5 days a late fee of 20% will be applied to each invoice.
Account Reinstatement Fee
If for any reason your account is deactivated there will be a fee of $30 to reactivate your account. This fee, along with any outstanding balance must be paid in full prior to the account being reactivated.
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 HTML 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.
We offer a 24 hour refund period, if 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 of 12 or 6 months.
Also, please note domain registration fees are non-refundable.
Please send an email to firstname.lastname@example.org if you wish to cancel your services. Please take note of our Refund Policy. For those who do not feel comfortable with our refund policy, you can sign up for monthly services and go month to month.
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 Mach7 Enterprises 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 statutes. The subscriber agrees to indemnify and hold harmless Mach7 Enterprises 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 Mach7 Enterprises servers. 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:
Mach7 Enterprises shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Mach7 Enterprises servers going off-line or being unavailable for any reason whatsoever. Furthermore, Mach7 Enterprises 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 Mach7 Enterprises 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 where 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.
Mach7 Enterprises 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 Mach7 Enterprises are resold. Thus, certain equipment, routing, software, and programming used by Mach7 Enterprises are not directly owned or written by Mach7 Enterprises. Moreover, Mach7 Enterprises 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 Mach7 Enterprises sees fit. Furthermore, Mach7 Enterprises retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
Acceptance of the Above Policies
By utilizing our services you agree to all of the above policies and do so agree that it is your responsibility to keep up with these records.