Defined Terms:

The Provider agrees to provide, and the Client agrees to recieve, access to the Provider’s services according to the following terms and conditions:

• Term: Customer agrees to a contract term listed during sign-up for services unless otherwise agreed to in writing. The contract for services is automatically renewed on the anniversary date in perpetuity subject to written cancellation by the Client.
• Monthly Service Fee: Fees for service(s) ordered by the Client shall begin on the date of the initial order. Following the initial order the client’s Monthly Anniversary Date will be adjusted to the 1st of the following month. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month. The Provider may pro-rate billing as required. The Provider also reserves the right to change the specified rates and charges from time to time.
• One Time Fees: One time fees, such as setup fees, administrative fees, late fees, and bandwidth overages are due and payable at the time they are incurred.
• Recurring Charges: By completing the sign-up process, and providing credit card details the Client agrees to authorize all recurring and one time charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees.
• Cancellation: The Provider requires a five (5) days written notice of cancellation prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requsite five (5) days written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Notice of written cancellation is required the the management panel: https://my.uncorrupted.net. The client should keep the automated ticket number provided through the email as confirmation of cancellation. Notice of cancellation can also be mail to Uncorrupted Hosting, LLC, 596 Back Mountain Road, Winchester, VA 22602.
• Credits: Credits will be issued to your Client account and shall be used to offset the future billable services. Credits shall not be issued as cash back to the Client nor are credits transferable to other account holders.
• Refunds and Disputes: All services rendered by the Provider 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. Clients seeking to resolve billing errors are instructed to open a ticket with the billing department through the help desk. Client agrees not to chargeback any credit card payment for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150.00 and will be subject to collection by an authorized collection agency. A chargeback will result in immediate service termination. Setup fees are never refundable.
• Non-Payment: All payments are duen 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 by the renewal date shall result in a termination of public assess to all Client services. Non-payment of a single server will result in disconnection of all services under the Customer account. Failure to remit payment for services within three (3) 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 $20 will be incurred for failure to remit payment for services on or before the monthly anniversary date. A $50 reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. All Customer data remaining after five (5) days of non-payment may be destroyed for security and privacy reasons. Non-Payment of services without a proper cancellation notice will be subject to collection by an authorized collection agency.
• Resale of Service: The client agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without the permission of the provider.
• Modifications to the Service: The provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the service (or any part thereof) with or without notice. You agree that the provider shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.
• Data: The Provider 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, Client portal information, and other situations involving Client data. The Client assumes ultimate responsibility for data integrity, retention, security, backup, and ownership. The Provider maintains backups of all shared Virtual Private Server nodes. The Provider does not maintain backups of dedicated servers. The Provider offers backup solutions which can be used in addition to any additional services; however, Client should always keep their own backups. The Provider is not responsible for any data on it’s servers or backups. Backups are kept and restored using the best effort method; however, cannot be guaranteed. The Client is ultimately responsible for all data and backups. Backups made by The Provider cannot be restored unless there is a node failure.
• Management: The managed VPS packages cover basic management services including installation of some third party items such as: ImageMagick, Fantastico, 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.
• Internet protocol Addresses (IPs): All servers include a predefined number of IP addresses. The Provider offers additional IPs for a monthly fee. Justification must be provided for additional IPs and The Provider may reject a request for additional IPs for any reason. The Provider may reclaim IPs that it deems are not being used for a justifiable purpose.
• Identity Use: Client agrees to use The Provider logo, Provider information, and related services in accordance to the approved marketing guidelines. Client further agrees to allow the Provider to use their name, logos, and other information on the Provider’s website.
• Choice of Law and Forum: This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this agreement or your use of this Service shall be filed only in the state or federal courts located in Commonwealth of Virginia (specifically Frederick County, VA), and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
• 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 Provider shall not be liable to Client for harm caused by or related to Client’s services or inability to utilize the services unless caused by 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 Provider and any of its employees, agents or affiliates, under any theory of law 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 Provider be liable for any special or consequential damages, loss or injury.
• Force Majeure: The provider performance hereunder is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government (including but not limited to its contractors, affiliates, etc.), war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor disputes, inability to obtain necessary supplies and the like. The provider’s performance hereunder is subject to interruption and delay due to causes such as service upgrades, network upgrades, daily backups, hardware upgrades, and the like. You agree the provider will not be held liable for any such service interruptions outlined in this agreement. The provider reserves the right with or without notice to upgrade or update the provider’s server’s at any time. While the provider will attempt to notify the client, the provider is not obligated to do so.
• Severability: If any provisions of this agreement are held to be unenforceable for any reason, such provisions shall be reformed only to the extent necessary to make it enforceable, and all other provisions shall remain unaffected.
• Nature of Service: The Client 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, the Client agrees that the Provider shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Provider. The Client further acknowledges that the Provider’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 Provider be liable for any special or consequential damages, loss or injury.
• Electronic Signature: Acceptance of the Master Service Agreement incorporating the Terms of Service, Acceptable Use Policy, and Service Level 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.