Terms of Service
Version 2.0 1/25/09
These are the Terms of Service of Automated Hosting. All web hosting clients
of Automated Hosting agree to abide by these policies. Automated Hosting reserves the right to change and update
these policies as it deems necessary.
Access and usage of Automated Hosting web hosting services which is granted to the Customer
is subject to the following terms and conditions:
Automated Hosting's Liability
Automated Hosting makes no warranties of any kind, expressed or implied, for the services provided by
Automated Hosting. In addition, Automated Hosting disclaims any warranty of merchantability or fitness for a particular purpose.
Automated Hosting will not be responsible for any damages the Customer may suffer.
This includes loss of data
resulting from delays, non deliveries, misdeliveries or service interruptions caused by the negligence
of the Customer or of Automated Hosting, errors or omissions, or due to inadvertent release or disclosure of
information sent by the Customer.
Content and Acceptable Use Policy
Automated Hosting makes no effort to control, restrict, or monitor, and cannot be held liable for,
the information which is passed through its servers or network. Customers may only use Automated
Hosting's services for lawful purposes. Distribution, storage, or display of any information or content which
violates any local, state, or United States law or regulation is expressly prohibited. This includes,
but is not limited to, infringement of copyrights, trademarks, or patents, and threatening or harassing content,
viruses or other content which results in damage to Automated Hosting or any third party.
The customer agrees to indemnify and hold harmless Automated Hosting from any claims resulting
from the customer's use of Automated Hosting services which damages the customer or any other parties.
The customer agrees to follow the Acceptable Use Policies of Automated Hosting which may be amended
from time to time and are displayed in electronic form at
http://www.automatedhosting.com/aup.php.
Payment and Contingencies
Payment is due by the date indicated on the invoice. Accounts are considered to be in default if
not received by the due date indicated on the invoice. Accounts unpaid by the date indicated on
the invoice may have their service suspended. Customer is still obligated to pay the service fees if
account is suspended. Accounts that are in default are subject to an interest charge of 1.5 percent
per month. In the event customer defaults, the customer agrees to pay Automated Hosting any expenses
incurred in enforcing its rights under these terms and conditions.
Other Agreements and Assignment Rights
These Automated Hosting terms and conditions displayed here supersede all previous
representations, understandings or agreements, and
shall prevail notwithstanding any variance with terms and conditions of any order submitted.
Automated Hosting reserves the right to use any subcontractor(s) of its choice or to assign
the active customer account to another entity.
Uptime Guarantee and Determination of Outage Credits
Shared & Reseller Web Hosting: Automated Hosting works to maintain a 99.9% network and server uptime for our shared and
reseller web hosting customers. If Automated Hosting fails to meet our 99.9% shared and reseller hosting uptime guarantee, and the outage is not
due to one of the exceptions listed below, credits will be issued to client ,upon request from client, and
on a case by case basis. If clients request for credit is determined to be valid, then Automated Hosting
will issue a credit to client equal to three (3) day's worth of the monthly fee paid to Automated Hosting by client
for billing period in question. Client(s) request for credits must be received by Automated Hosting within five (5) days
of the occurrence. Total credits paid to customer will not exceed the services paid by customer to Automated
Hosting for the billing period in question. Automated Hosting has the final say in determining if the
uptime guarantee has not been met and if credits should be issued.
VPS & Dedicated Server Hosting: Automated Hosting works to maintain a 99.5% network and server uptime for our VPS and
dedicated server web hosting customers. If Automated Hosting fails to meet our 99.5% VPS and dedicated server uptime guarantee, and the outage is not
due to one of the exceptions listed below, credits will be issued to client ,upon request from client, and
on a case by case basis. If clients request for credit is determined to be valid, then Automated Hosting
will issue a credit to client equal to one (1) day's worth of the monthly fee paid to Automated Hosting by client
for billing period in question. Client(s) request for credits must be received by Automated Hosting within five days
of the occurrence. Total credits paid to customer will not exceed the services paid by customer to Automated
Hosting for the billing period in question. Automated Hosting has the final say in determining if the
uptime guarantee has not been meet and if credits should be issued.
Customer shall not receive any credits under these terms and conditions in connection
with any failure of Automated Hosting services caused by or associated with any of the following:
a. Scheduled maintenance time performed by Automated Hosting or its datacenter(s) for the purposes
of upgrading or maintaining its network.
b. Internet or network problems external to the Automated Hosting datacenter(s) network and
beyond Automated Hosting's and it's datacenter(s) direct control.
c. Issues related to specific Internet Service Providers (ISPs), Network Access Points (NAPs)
or Internet Routes.
d. Circumstances beyond Automated Hosting's control, including but not limited to,
Acts of God(fire, flood, tornado, earthquake, etc...), acts of any government, war, sabotage, embargo,
strike or other labor dispute, unavailability, interruption, or delay of telecommunications or any
third party services, third party software failures, and power failures.
e. Customers misuse, negligence, or breach of Automated Hosting's Terms of Service
or Acceptable Use Policy by customer or any authorized user.
Service Maintenance
a. Automated Hosting shall use reasonable efforts to restore services, in the case
of an outage, as quickly as is feasible provided the customer expressly acknowledges that Automated
Hosting is not liable for any restitution to the customer other than outage credits as outlined above.
Automated Hosting reserves the right to bill customer for employee(s) time required to investigate
an outage reported by the customer that, after investigation, is determined to have been caused by the customer.
b.
The customer agrees that Automated Hosting may use any subcontractor for maintenance, installation, or
other services as required, without prior customer approval, by Automated Hosting to provide services under this agreement.
Dedicated Support Center
Automated Hosting will provide a Dedicated Support Center (DSC) web page as the
official support channel for customers. Requests for support by customers are handled by Automated
Hosting's ticket based support system only. The Automated Hosting Dedicated Support Center (DSC)
web page can be found in electronic form here
http://support.automatedhosting.com/index.php.
The Dedicated Support Center is the official
location to open a ticket based support request, view open tickets, update open tickets,
and close tickets. The services provided by, or found located on, the Dedicated Support Center
for the customer are subject to change without prior notice and at Automated Hosting's discretion.
Automated Hosting makes every effort to respond in a reasonable time frame to customer ticket
based support requests. In the event that the Automated Hosting Dedicated Support Center (DSC)
is unavailable for any reason, customer may use the alternate email contact specified on the Contact Us web page
of the Automated Hosting web site to contact Automated Hosting in electronic form(email).
The Automated Hosting Contact Us web page can be found in electronic form here
http://www.automatedhosting.com/contact.php
Billable Support Services
Automated Hosting reserves the right to bill customer for services provided by Automated Hosting
that are outside of standard support duties, support contracts, or support agreements.
Automated Hosting will not perform such billable services
without the request or consent of the customer. Customer agrees that such billable services
will be billed at Automated Hosting's billing rate that is current at the time the work is
performed and is displayed on the Automated Hosting official web site.
No Liability for Acts or Omissions Beyond Automated Hosting's Control
Automated Hosting shall not be liable for damages because of outage or downtime resulting
from circumstances beyond Automated Hosting's control. Such circumstances, included but
not limited to, are acts of God, fire, flood, natural catastrophes, any local, state, or
United States Government claiming jurisdiction over Automated Hosting, riots, wars, national
emergencies, strikes, or labor disputes.
Term and Termination
This agreement shall be effective on the date customer registers for services and shall continue
in effect on a month-to-month basis unless specified otherwise by a separate agreement or unless
terminated earlier by either party. Automated Hosting and customer have the right to terminate
this agreement upon notification to the other party. Customer must follow the Automated Hosting
cancellation procedures to terminate this agreement. To request cancellation, customer
must login to Automated Hosting Client Area and click the cancellation link for the
service(s) customer wishes to cancel. Cancellation requests must be received by
Automated Hosting five (5) days before invoice due date.
Questions about these Terms and Conditions or other account matters should be directed to
admin@automatedhosting.com.
