Under this agreement, you are the customer (the one buying services) and we are the provider (the one selling the services). This agreement is between these two parties.
By signing up for our services and agreeing to the terms by checking "I accept the Terms of Service" during the order process, you are forming a binding agreement between us (Old Host) and you (The Customer).
Headings and graphics contained within this agreement are for convenience only, and not part of the agreement. Headings and graphics may be used to quickly find portions of the agreement that need to be referenced.
By accepting this agreement, you agree that all headings and graphics within this agreement are invisible. You don't see them. Pretend they don't exist. Wait, what graphics?
This agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between you and Old Host with respect to the subject matter hereof, and this agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
You must be 18 years of age, provide up to date account information, and maintain on time payments for your invoices. You may not engage with illegal activity as defined under United States law. You are solely responsible for all activity in conjunction with your account and services.
If you are signing up for the services under another party's name, you agree that you have the authority to bind such party to this agreement.
You agree to pay all invoices under your account. If you don't pay your invoices, you agree that we may suspend any services billed on the invoice when the invoice due date is past the current date.
You may not pay for services with stolen money (fraudulent transactions). We will report such activity to the proper authorities. Just don't do it.
You agree to not file chargebacks. You understand that you have 180 days to dispute an invoice with us through our systems. Chargebacks will incur a $75 administrative fee (or the maximum permitted by law, whichever is the lower amount).
We reserve the right to modify prices at any time. If a price increase occurs, we will provide 30 days notice by email. You will not be billed extra if you've already paid an invoice for an existing service, but any new invoices that are created may be billed at a different rate.
Unless otherwise stated in this agreement, all Old Host content is our property or legally licensed to us, and may not be reproduced or used without our consent.
Don't steal our content. Don't copy our website. Don't use our licensed graphics. It's illegal to steal. We will pursue legal action if it's damaging to our business. Simply ask us for permission.
You are solely responsible for all content you upload to the hosting services. By uploading any content to our servers (images, video, text, and any data), you're giving us a royalty free license to serve such content to your visitors as part of your hosting services. We will not use any of your content for business purposes without your express permission.
Website transfers are provided as a courtesy service, not an obligatory provision. We will do our best to transfer your website, but you must acknowledge that no web host is the same, and your website may not work in the new environment without configuration. In such cases, you will be responsible for configuring your website to work on our servers. We do not provide development services. Our transfers are for cPanel to cPanel migrations, and non-cPanel to cPanel migrations will be assessed and quoted on an hourly basis.
We partner with third parties to improve our services. We try to limit the number of vendors we choose to keep things simple. Your acceptance of these terms is conditional to the acceptance of third party vendor terms of services. It's a lot to read, but you gotta do it. In most cases, you've likely already agreed to their terms in the past.
We do not provide warranties for third party services, and use of any third party service is to be governed by the agreements provided by such third parties.
You may not use any of our services that violate United States trade law. Exporting data to sanctioned countries could be a violation of United States trade laws. We cannot monitor all activity nor consult on United States trade laws, so please perform due diligence and research if your use of our services violates this agreement. Click Here to read about United States trade laws.
Usage or registering ccTLD domains (country level domain names) of countries under active sanctions must receive our express written consent before pointing to our servers and serving traffic.
You agree to use strong passwords for every login you maintain (including logins to your SwapCP account, your websites, FTP accounts, MySQL databases, and everything which is password protected).
All services are to be protected from unauthorized access. You may not share your account with other parties not authorized to act on your behalf.
We reserve the right to migrate your account(s) to different servers in order to remain compliant with datacenter policies, local and state law, and other applicable laws.
We also reserve the right to migrate your account(s) to a different server in order to maintain the integrity of our infrastructure. Your website may be utilizing too much CPU consistently, so we have to even that out by balancing the loads between servers.
It's technically impossible to abuse resources available to your account, we have restrictions in place for every type of service. If however your account manages to circumvent resource limits, we reserve the right to suspend the account.
This provision is covered in more detail in our Acceptable Use Policy.
Coupons are non-negotiable, and may not be combined with other promotions or offers.
That's our coupon policy. This clause was written by a discount attorney who just so happened to have a coupon listed on their website.
Mention this policy to our team to receive up to a $20 service credit towards any existing shared, virtual, or dedicated service renewal for a single invoice.
In no event will Old Host, its agents, employees, affiliates, partners, and directors be liable to you or any third party or person for any indirect, incidental, punitive, exemplary, special, or consequential damages including for any loss of data or profits arising from your use of the services, or any content, websites, or other materials accessed or downloaded through the services, even if Old Host is aware of such damages.
Notwithstanding anything to the contrary contained in this terms of service agreement, Old Host shall not be liable for an amount greater than your payments 90 days prior to the initial action giving rise to liability.
You agree to indemnify, defend and hold harmless Old Host, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
You agree that any legal action taken against Old Host will be done through a court located in Monroe County in the state of Pennsylvania.
In addition, you agree that any controversy or claim arising out of or relating to this agreement, the formation of this agreement, or the breach of this agreement, including any claim based upon an alleged tort, shall be governed by the laws of the state of Pennsylvania.
Old Host is an independent contractor and nothing contained in this agreement places Old Host and you in a partner relationship, agent relationship, or makes us joint venturers.
You agree that you do not have any authority to enter us into contracts or enter us into any agreements in our name. In addition, you may not perform any actions that would imply that you have the authority make decisions on our behalf.
Old Host shall not be responsible for any damages your business may suffer. Old Host makes no warranties of any kind, expressed or implied for our services. Old Host disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Old Host or our employees.
Old Host may (at its sole discretion) provide backups for some services, but is not obligated to provide this for everyone. You agree that you are solely responsible for backing up your data. Your use of the services are at your own risk.
You agree that Old Host is permitted to disclose your personal information or information about your use of the services to lawful agencies when requested from verified lawful agencies for lawful purposes without notice to you.
Old Host reserves the right to modify this terms of service agreement at any time. Notices will be sent by email, and you agree to be bound by the new terms within 30 days, or discontinue services. Old Host is not responsible for failed email delivery. Changes made will be published and dated on this page.
If any part of this agreement is considered illegal, invalid, or unenforceable by a court of competent juristiction, the remaining provisions or sections shall remain in full force and effect.
You may not transfer or assign this agreement or any of your rights to another party without the expressed consent and approval of Old Host. Any such actions will be considered null and void, and unenforceable.
Neither party is liable for any default or delay in the performance of any of its obligations under this agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of god, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.