Anyone who intend to hire any of MaxGrow
Hosting Services, must agree and accept our Terms before signing
up.
Terms of Service
Submit
a ticket to our Sales if you got any question over our
Terms.
MAXGROW HOSTING
LEGAL AGREEMENTS
• Term and Termination: Unless requesting Hourly
Services (as defined in paragraph 4 below) or
otherwise agreed to by the parties in writing,
Customer agrees to a month-to-month contract term
for services. The month-to-month contract for
services is automatically renewed each month in
perpetuity subject to written cancellation by the
Customer. Please carefully review MaxGrow Hosting’s
cancellation policy set forth in Paragraph 9
below.MaxGrow Hosting may terminate this Agreement
upon non-payment as set forth in paragraph 11 below.
At its sole discretion, MaxGrow Hosting may
terminate this Agreement if Customer violates any
terms and conditions of MaxGrow Hosting’s AUP.
• 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 (“Anniversary Billing
Date”) for all future 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
Anniversary Billing Date will be billed for a full
month service and will continue each month on the
Anniversary Billing 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.
• Hourly Service Fees: For any services offered by
MaxGrow Hosting on an hourly basis (“Hourly
Services”), Customer shall specify the period of
time for which the Hourly Services are requested, or
cancel at any time. The minimum period of time for
which Hourly Services may be requested is one (“1”)
hour and Customer will be billed in full hourly
increments, and no breakdown by minutes shall be
permitted. Unless otherwise specifically stated,
Customers who request Hourly Services agree to all
terms and conditions in MaxGrow Hosting’s AUP,
including but not limited to these TOS and the AUP.
Customers will be billed for Hourly Services and
receive any SLA credits, if applicable, on the
Anniversary Billing Date (as set forth and defined
in paragraph 2 above).
• Additional Service Fees: Additional services,
not including Hourly Services, ordered on the
Anniversary Billing Date will be billed for the full
month service and will continue each month on the
Anniversary Billing 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 and late fees are due and
payable at the time they are incurred, and/or agreed
upon in writing or via ticket with MaxGrow Hosting’s
approval. One time fees, such as bandwidth overages
are due and payable upon an invoice following the
billing cycle in which they are incurred, and are
based on standard rates, or as otherwise agreed upon
in writing or via ticket with MaxGrow Hosting’s
approval. Bandwidth overages may be billed prior to
end of bill cycle and service may be suspended in
the event your overage exceeds ten percent (10%) of
your monthly allotment unless otherwise approved in
writing by MaxGrow Hosting.
• Taxes: Customer is responsible for paying all
foreign, federal, state, and local sales, use, value
added, excise duty and any other taxes assessed with
respect to any services, other than those taxes
based on MaxGrow Hosting’s net income.
• Service Credits: SLA credits will be issued to
your Customer account and shall be used to offset
future billable services. SLA credits shall not be
issued as cash back to the Customer nor shall the
service credits be transferable to other account
holders. SLA credits shall expire if Customer’s
account is fully terminated.
• Cancellation: Because cancellation is
automated,MaxGrow Hosting requires a written
cancellation notice via the customer portal, a
minimum of fifteen (“15”) days prior to 00:00:01 CST
(GMT-6) on the Anniversary Billing Date for
discontinuance or downgrades of month-to-month
services. Failure to supply the requisite fifteen
(“15”) days written notice of cancellation will
result in a full billable monthly cycle prior to
cancellation. Any server cancellation prior to the
minimum deadline will remain online until the
automated process reclaims your server on the
Anniversary Billing Date. Notice of written
cancellation is required through the online customer
portal located athttp://my.MaxGrow.com.
All Customer data remaining after the cancellation
date will be destroyed for security and privacy
reasons, unless otherwise required by law.
• Refunds & Disputes: All services rendered by
MaxGrow Hosting are non-refundable. This includes,
but is not limited to: setup fees, one time fees,
monthly service fees, upgrade fees, additional
service fees, administrative fees, and late fees.
Customers seeking to resolve billing errors are
instructed to open an accounting ticket inside the
Customer portal located athttp://my.MaxGrow.com.
Customer agrees not to chargeback or dispute any
credit card or PayPal payments for services
rendered. A chargeback or dispute of payment for
services rendered will result in an additional
charge of one hundred fifty dollars (“$150”) and
will be subject to collection by an authorized
collection agency. Disputes or chargebacks will
result in immediate service termination. Customer is
responsible for any fees and costs (including, but
not limited to, reasonable attorneys’ fees, court
costs and collection agency fees) incurred by
MaxGrow Hosting in enforcing collection.
• Non-Payment: All payments are due in full on the
Anniversary Billing Date. Failure to remit payment
for services on the Anniversary Billing Date is a
violation of the TOS. Failure to remit payment on
the Anniversary Billing Date, shall result in a
termination of public access to Customer services.
Failure to remit payment for services within three
(“3”) consecutive days, including the Anniversary
Billing Date, shall result in termination of access
to the service network and all services shall be
reclaimed. A late fee of twenty dollars (“$20”) will
be incurred for failure to remit payment for
services on or before the monthly Anniversary
Billing Date. A fifty dollar (“$50”) reconnect fee
will be incurred for failure to remit payment for
services after public access has been disconnected.
All Customer data remaining after three (“3”) days
of non-payment will be destroyed for security and
privacy reasons, unless otherwise required by law.
Any customer owned equipment (colocation) shall
become the property of MaxGrow Hosting in the event
of non-payment.
• Data: MaxGrow Hosting 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. In the event that MaxGrow Hosting handles
Customer data, i.e., when replacing hard
drives,MaxGrow Hosting will act in accordance with
PCI guidelines to ensure data is securely handled.
• Managed Services: Managed Services cover basic
management services including installation of some
third party items such as: ImageMagick, Fantastico,
Softaculous, Urchin, GD Library, etc. Installation
of server needed components such as PHP recompiles,
Perl modules, etc. While most requests are covered
under the managed VPS package, some requests would
be billed at an administration fee of $30/hour. In
the event of any billable work, Customer will be
notified via ticket prior to commencement of work.
• Unmanaged Services: Unmanaged plans are eligible
for hardware and network related support issues
only. Tickets submitted for other requests will
result in a fee or $30/hour. You will be advised of
any fee that may be incurred prior to work being
completed on your behalf.
• Discounts: Advertised weekly specials or sales
are available for new customers only. Existing
customers may be eligible for other promotions.
Customers attempting to circumvent this by ordering
under different names or new accounts will have the
discounts removed. Weekly specials are offered based
on node availability. Offers may be revoked at any
time without notice. Discounts on an existing plan
may be carried through upgrades within the same
service line. In the event of a downgrade, all
discounts are revoked. Offers may not be combined
unless otherwise stated.
• Identity Use: Customer agrees to use the MaxGrow
Hosting logo, MaxGrow Hosting information, and/or
related services in accordance with MaxGrow
Hosting’s approved marketing guidelines. MaxGrow
Hosting agrees not to use Customer logos without
prior written consent of Customer.
• Permitted Use: By accepting the AUP, Customer
agrees to use MaxGrow Hosting’s services solely for
their intended purposes. CUSTOMER SPECIFICALLY
AGREES NOT TO TAMPER WITH, MAKE DERIVATIVE WORKS OF,
REVERSE COMPILE, REVERSE ENGINEER AND/OR DISASSEMBLE
ANY OF FUTURE HOSTING’S SOFTWARE OR FILES. If
Customer violates or exceeds the Permitted Use,
MaxGrow Hosting reserves the right to immediately
terminate Customer’s account and will pursue any and
all legal remedies available.
• LAWS: CUSTOMER AGREES TO ABIDE BY ALL LOCAL,
STATE, AND FEDERAL LAWS PURSUANT TO SERVICES
DELIVERED IN NOVI, MICHIGAN, UNITED STATES OF
AMERICA. THIS AGREEMENT IS MADE UNDER AND WILL BE
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE
OF MICHIGAN, WITHOUT REGARD TO CONFLICT OF LAW
PRINCIPLES. EXCLUSIVE VENUE AND JURISDICTION FOR ANY
AND ALL LEGAL REMEDIES ARISING OUT OF OR RELATED TO
THIS AGREEMENT SHALL BE OAKLAND COUNTY, NOVI,
MICHIGAN. EACH PARTY IRREVOCABLY CONSENTS TO THE
FOREGOING JURISDICTION AND VENUE REQUIREMENTS AND
WAIVES ANY AND ALL OBJECTIONS TO SUCH REQUIREMENTS.
• INDEMNIFICATION: CUSTOMER AGREES TO INDEMNIFY
AND HOLD HARMLESS MAXGROW HOSTING, MAXGROW HOSTING’S
AFFILIATES, AND ITS 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 CUSTOMER’S
CONTENT, ILLEGAL ACTIVITY AND/OR 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, MAXGROW HOSTING 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.
MAXGROW HOSTING SHALL NOT BE LIABLE TO CUSTOMER FOR
LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING
ANYTHING ELSE IN THIS MSA, THE MAXIMUM AGGREGATE
LIABILITY OF MAXGROW HOSTING AND ANY OF ITS
EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF
LAW SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER
FOR HOSTING SERVICES FOR THE SIX MONTHS 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 UP or breach therein
in excess of five hundred dollars (“$500”) shall be
settled by arbitration in accordance with the
commercial arbitration rules of the American
Arbitration Association. The venue and jurisdiction
requirements set forth above apply to any
arbitration proceedings. The resulting judgment
rendered by a licensed arbitrator may be entered in
any court having valid jurisdiction.
• Legal Compliance: By accepting this AUP,
Customer represents and warrants that (i) he/she is
not located in a country that is subject to a U.S.
Government embargo, or that has been designated by
the U.S. Government as a “terrorist supporting”
country; and (ii) he/she is not listed on any U.S.
Government list of prohibited or restricted parties.
Customer further represents and warrants that he/she
has full authority and power to execute this
Agreement on behalf of the Company he/she
represents, if any. Additionally, Customer warrants
that he/she is at least eighteen (“18”) years of age
or older and are not otherwise legally incapacitated
to execute this Agreement.
• Electronic Signature: Acceptance by Customer of
the incorporating the TOS, AUP and SLA 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.