ServerPoint's Terms of Service

The following Terms of Service ("TOS" or "Agreement") apply to all services provided by A+ Hosting Inc. DBA ServerPoint.com ("ServerPoint", we, us, our) to you ("Customer"). By purchasing Services (the Order) from us, you agree to these terms of service.

PLEASE READ THIS AGREEMENT CAREFULLY

BY SIGNING UP FOR SERVICES, A CONTRACT IS CREATED BETWEEN CUSTOMER AND SERVERPOINT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING ACCEPTABLE USE POLICY, PRIVACY POLICY AND ANY ADDENDUM IF PROVIDED. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

1. APPLICATION OF TERMS

1. 1.1. These terms apply to all Services provided by ServerPoint to you during the Term. Certain provisions of this TOS may not apply to you based on the product that you have ordered from ServerPoint.
2. 1.2. These terms, together with ServerPoint's Acceptable Usage Policy and Privacy Policy, represent the entire agreement relating to the Services and supersede any agreements previously entered into between you and ServerPoint.
3. 1.3. ServerPoint may alter this TOS at any time without notification to you. However, the current TOS is always available on ServerPoint's website. Your sole remedy in the event that you do not agree to those amendments is to terminate your services, as described in paragraph 6, and based on the existing term and addendum. Only a ServerPoint officer may alter this TOS. No agent of, or person employed by or under contract with, ServerPoint has any authority to alter this TOS in any way. No oral explanation or oral information given by any party shall alter the interpretation of this TOS.

2. GENERAL TERMS AND CONDITIONS

1. 2.1. You will conform to the standards and acceptable use policies of ServerPoint, as set out in our Acceptable Use Policy, which is available on our website.
2. 2.2. You are responsible for obtaining any licenses or permissions from public authorities that are required to upload the contents of your site or the web activity undertaken by you.
3. 2.3. Your personal information is treated in accordance with our Privacy Policy, which is available on our website.
4. 2.4. You will receive a password to be used to log into your Client Portal and/or server. You are solely responsible for all passwords, and you shall keep all passwords confidential and take security measures to prevent any unauthorized person from gaining access to your passwords.
5. 2.5. ServerPoint's Service Level Agreement (SLA) sets out the performance you can expect from us for each product that we offer. The SLA is your sole and exclusive remedy for our failure to provide the Services to you.
6. 2.6. You have no ownership of, or proprietary rights in, any Equipment or software provided by ServerPoint.
7. 2.7. If necessary, we will provide an IP address to you. You will have no ownership of this IP address. It may only be used by you while using the Services, and may not be transferred. Upon Termination of this TOS, or a particular Service, your right to use an IP address will end. IP addresses are recycled.
8. 2.8. The Services are provided to you as configured for our standard customer. You bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services must be compatible with the Services. We are not obligated to modify the Services to accommodate your use.
9. 2.9. The Services are provided on an "as-is" basis. The hardware configurations may vary across data centers and may result in different performance. ServerPoint may replace your host server hardware, or modify certain software configurations when deemed necessary.
10. 2.10. The proprietary and third-party software we provide for you to use as part of our service are provided on an "as-is" basis and you bear all responsibility for using it.

3. ORDERS

1. 3.1. The date on which we provide notice to you that the service is provisioned is the Effective Date of this contract. The Initial Term of the Services is set out on your Order (Initial Term). Upon the expiration of the Initial Term, the Term would renew for a period equal or shorter to the original period requested or for a term required by the particular product.
2. 3.2. You must be over the age of 18 at the time you place your Order.
3. 3.3. All Orders will be reviewed by us to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). You may receive notice that your Order has been rejected because it fails to pass our Fraud Screen. Unless otherwise specified, we are unable to provide additional information about the reasons for a particular Order failure to pass the Fraud Screen. Orders that fail our Fraud Screen will not be accepted and Service will not be provided.
4. 3.4. ServerPoint is under no obligation to deliver any Services in addition to those identified in the Order.
5. 3.5. You shall provide to ServerPoint, at your cost, any information, resources or facilities reasonably requested by ServerPoint for the delivery of the Services and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with ServerPoint.
6. 3.6. Any instructions supplied by you to ServerPoint must be complete, accurate and clearly legible. ServerPoint reserves the right to charge for any costs and any additional work incurred by ServerPoint due to any failure by you to comply with this provision and shall not be liable for any errors caused by such failure.

4. OWNERSHIP OF YOUR ACCOUNT

1. 4.1. Your contact information is set out in the Client Portal. It is the Customer's responsibility to keep this information updated at all times.
2. 4.2. If you, on behalf of another person or entity, ordered the Service, you warrant that you will administer the Service in good faith, and indemnify us against all losses and liabilities sustained by us should you administer the service in ways that are adverse to that other person or entity that result in any claim against us.
3. 4.3. For avoidance of doubt, the individual or entity set out in the Client Portal is considered by us to be the owner of the account and all associated services. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account may be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.

5. PAYMENT

1. 5.1. You are responsible for the Fees set out on the Order, and in the currency specified on the Order. You are also responsible for the fees associated to any extra feature added to the service or fees related to overuse.
2. 5.2. Invoices are due immediately upon receipt. ServerPoint reserves the right to suspend the Services until payment is made.
3. 5.3. All fees listed on our website are net of applicable taxes. You are responsible for all taxes and fees levied on the Services.
4. 5.4. Our obligation to provide the Services is contingent on your payment of the Fees by the Due Date. It is your responsibility to ensure that we receive payment of the Fees. Should the Services be suspended, for any reason, Fees will continue to accrue. Setup fees and domain name registration charges are not refundable for any reason.
   1. 5.4.1. We often offer special promotions (Special Promotions). These promotions have specific terms, and generally do not apply to current customers. They do not apply to Renewal Terms except when expressly stated in the special promotion terms.
5. 5.5. Our Services are provided on the basis of the Initial Term specified on your Order. All other Services shall renew for the specified period (Renewal Term) or Services are terminated as provided herein. Any such termination or cancellation will be subject to the payment of any outstanding charges and must comply with any contract term specified in the contract and/or addendum (if provided).
6. 5.6. Your credit card is automatically charged for a Renewal Term on the expiration date of the Term for Service. In case an automatic renewal charge fails and you fail to renew or terminate the service, we will make additional attempts to charge your credit card(s).
7. 5.7. We are not responsible for your data if Services are terminated because your credit card on file has expired or is no longer valid for any reason. If you use a method of payment other than a credit card, we will not be responsible for your data if you fail to make a manual payment for your Services.
8. 5.8. We are pleased to provide you billing information about your Services in your Client Portal.
9. 5.9. If you believe there is an error on your bill, you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If we find that your claim is valid, we agree to credit the account that is the subject of the dispute on your next bill. If you contact your credit card company, prior to notifying us of the dispute, and initiate a "chargeback" based on this dispute, we will charge you a chargeback and administrative fee. This fee compensates us for the investigation your credit card issuer requires us to conduct in order to demonstrate our right to payment. All of your Services may be suspended or terminated during billing disputes. To reactivate your Services, you must pay the administrative fee along with the reactivation fee. ServerPoint, however, may decide to not accept the same method of payment.
10. 5.10. Money Back Guarantee: our money back guarantee ensures peace of mind that our Services will meet the expectations set out in this agreement. Different products have different money back guarantee terms. Cancellation and Refund requests should be requested no later than 30 days from the Effective Date of receiving your Service for shared hosting products, or 14 days for virtual server (Cloud VPS) hosting. There is no Money Back Guarantee for Dedicated Servers. Additionally, there is no money back guarantee for domain name registrations, secure certificates, or third-party software licenses. The following conditions apply to our Money Back guarantee: (a) It applies only to individual Services in an Order. It does not apply to previously ordered Services; (b) Setup fees are not refundable and may be due upon cancellation even if waived initially as part of a Special Promotion; (c) Other services, Third Party Services or features incorporated into the Services; (d) The Money Back Guarantee does not apply to Renewal fees; (e) The Money Back Guarantee is your sole and exclusive remedy should our Services fail to meet the expectations set out in this paragraph.
11. 5.11. ServerPoint Credit and ServerPoint Bucks: we may return part of a pre-paid amount of an Order as credit. Credit amounts may only be used for future purchases and/or renewals of ServerPoint services. Refunds back to the original payment source will not be provided.
12. 5.12. Our SLA is explained in the Service Level Agreement Page and it specifies your rights in case of disruption of the Services. Should the Services be disrupted, you may request a Credit by contacting our customer service representatives. This Credit is our only obligation, and your only remedy, in the case of a disruption of the Services.
13. 5.13. For specifics regarding payment of domain names, their renewals, and information on termination or cancellation of a domain name, please refer to our Domain Name Services Agreement page.
14. 5.14. Unless stated otherwise, $ refers to United States currency. All future amounts payable by you shall be charged in the same currency as your initial order.

6. TERMINATION OR CANCELLATION

1. 6.1. Cancellation

   ServerPoint is not able to schedule cancellation requests. Valid proof of account ownership will be required to terminate an account or service.
   The initial term of this TOS or Agreement shall be as set forth in the initial order or addendum. The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY, AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE SERVERPOINT TO AUTOMATICALLY BILL AND/OR CHARGE YOUR CREDIT OR DEBIT CARD FOR SUCCESSIVE TERMS OF EQUAL OR SHORTER LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. IF AN ADDENDUM WAS INCLUDED AS PART OF YOUR ORDER, YOU WILL BE BIND TO THOSE AND SHOULD COMPLY WITH ALL THE REQUIREMENTS BEFORE CANCELLATION.

   1. 6.1.1. We reserve the right to terminate this TOS upon written notice if the other party materially breaches any of these terms and fails to correct the breach within 7 days following the other party's written notice, or immediately if the breach is incapable of cure. Other party will be responsible to comply with the addendum if provided.

2. 6.2. Cancellation by ServerPoint

   1. 6.2.1. ServerPoint may terminate this TOS if (a) you fail to pay any sums due to ServerPoint as they fall due; (b) in ServerPoint's reasonable opinion, you do not have sufficient technical expertise to use the Services without excessive ongoing technical support; (c) we determine in good faith that this service has become impractical or unfeasible for any technical, legal, regulatory or other reason; or (d) you violate this TOS or any agreement incorporated by reference.
   2. 6.2.2. We may terminate a particular Order, or aspect of the Services, if a Third Party ceases to make components of them available to us, or if providing them to you becomes cost prohibitive.
   3. 6.2.3. We may terminate Service to you, at our discretion, if you violate some or all aspects of our Conversation Policy. In such a case, we will give you appropriate time to move your services.

   4. 6.2.4. Platform Migration and End-of-Life

      Infrastructure platforms, including but not limited to virtualization technologies, operating systems, control panels, and hardware configurations, have defined lifecycles and may be retired or discontinued at ServerPoint's discretion.

      1. (a) Notice of Platform Retirement: When ServerPoint determines that a platform will be retired, we will provide notice to affected customers via email to the address on file and/or through the Client Portal. The notice will include: the platform being retired, the retirement date, available migration options, and instructions for migrating to a supported platform.
      2. (b) Migration Period: Customers will be given a minimum of sixty (60) days from the date of initial notice to migrate their services to a supported platform. ServerPoint may, at its discretion, offer migration assistance or automated migration tools where technically feasible.
      3. (c) Customer Responsibility: It is your responsibility to respond to platform retirement notices and to initiate migration within the specified timeframe. Failure to respond to migration notices or to complete migration by the retirement date constitutes acceptance of service termination.
      4. (d) Service Termination: Services remaining on a retired platform after the retirement date will be terminated. ServerPoint will retain customer data for a period of thirty (30) days following termination, after which all data will be permanently deleted. ServerPoint is not liable for any data loss resulting from failure to migrate.
      5. (e) Refunds: No refunds will be provided for unused prepaid service time on retired platforms if the customer fails to respond to migration notices or complete migration within the specified timeframe.
      6. (f) Comparable Service: Where possible, ServerPoint will offer migration to a comparable or improved platform at similar pricing. Acceptance of migration to a new platform may require agreement to updated terms specific to that platform.

   5. 6.2.5. Third-Party Applications and Bundled Software

      ServerPoint may offer third-party applications, website builders, or other bundled software (such as Weebly, site builders, or similar tools) as part of or in addition to hosting services. These applications are provided subject to the following terms:

      1. (a) Third-Party Terms: Third-party applications are subject to the terms and conditions of the respective third-party providers in addition to this TOS. You are responsible for reviewing and complying with such terms.
      2. (b) No Guaranteed Availability: Third-party applications are provided on an "as-is" and "as-available" basis. ServerPoint does not guarantee the continued availability, functionality, or support of any third-party application.
      3. (c) Discontinuation of Applications: ServerPoint reserves the right to discontinue offering any third-party application at any time, for any reason, including but not limited to: the third-party vendor discontinuing or abandoning the product; licensing or cost changes making continued offering impractical; security vulnerabilities or end-of-life status; or strategic business decisions.
      4. (d) Notice of Discontinuation: When ServerPoint discontinues a third-party application, we will provide reasonable notice (typically 60-90 days) to affected customers. The notice will include the discontinuation date and, where possible, suggestions for alternative solutions.
      5. (e) Customer Responsibility: It is your sole responsibility to export your content, data, and website materials from the discontinued application before the discontinuation date. You must rebuild or migrate your website using alternative software or services. ServerPoint is not obligated to migrate, convert, or preserve websites or content created with discontinued applications.
      6. (f) No Liability: ServerPoint is not liable for any loss, damage, or inconvenience arising from the discontinuation of third-party applications, including but not limited to: loss of website content, designs, or functionality; business interruption; costs of rebuilding websites; or loss of search engine rankings or traffic.
      7. (g) No Refunds: Discontinuation of bundled third-party applications does not entitle you to refunds of hosting fees, as the core hosting service remains available. If the application was purchased as a separate add-on, prorated refunds may be provided at ServerPoint's discretion.

3. 6.3. Cancellation by you

   1. 6.3.1. You may terminate the Services through the Client Portal. You may contact our customer service staff for instructions on how to cancel a specific service or account via Client Portal. If you fail to submit cancellation via Client Portal, the Services will not be Terminated, and Fees will still be charged. You must follow proper cancellation procedures in order to Terminate each Service. IF AN ADDENDUM WAS INCLUDED AS PART OF YOUR ORDER, YOU WILL BE BIND AND SHOULD COMPLY WITH ALL THE REQUIREMENTS BEFORE CANCELLATION.
   2. 6.3.2. Once you follow the proper steps required to request the Service cancellation, we will process it and issue a refund, if you are entitled to it, within 60 days. Refunds are issued through the same payment method that was originally used to purchase the Services, if it is possible. ServerPoint is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method. All refunds are subject to administrative fees.
4. 6.4. You may request cancellation of any Service at any time. Depending on the life stage of your Service, different cancellation fees may apply. Cancellation fees will be calculated during the cancellation process of the particular Service. In order to avoid renewal charges and late cancellation fees, cancellation must be requested at least 30 days before renewal term date. Cancellation of an Active account will result in the Termination of any additional Services associated with that account.
5. 6.5 For policies related to Cancellation and/or termination of domain name registrations, please refer to our Domain Name Services Agreement page.
6. 6.6. Upon cancellation of the Service, ServerPoint shall be entitled immediately to block your Service and to remove all of your data from our infrastructure. ServerPoint is entitled to post a public notice stating that your service space is again available. IP space and data space are recycled. It is your obligation to ensure that you arrange to transfer anything you need from the Services prior to cancellation. We have no obligation to forward e-mail, website, or other methods, following cancellation. IF AN ADDENDUM WAS INCLUDED, YOU WILL BE BIND AND SHOULD COMPLY WITH ALL THE REQUIREMENTS BEFORE CANCELLATION.

7. TECHNICAL SUPPORT

8. INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS

1. 8.1. ServerPoint grants to you a limited license to the Services to access and use them. All trademarks, product names and company names or logos used by ServerPoint are property of ServerPoint or the property of their respective owners. No permission is given by ServerPoint to you or an affiliate to use any such trademarks, product names, company names, logos or titles, and you acknowledge that such use is an infringement of the owner's rights.
2. 8.2. If we have not provided a license for you to use software as part of the Services, you agree to procure appropriate licenses to use all "Required Licenses." "Required Licenses" means any licenses, consents or approvals required to use software, hardware and other items installed on the Equipment, or whose use is facilitated by the Service. You agree to provide us with copies of the Required Licenses promptly following our written request.
3. 8.3. You are solely responsible for obtaining all intellectual property rights in the intellectual property of others (Objects), including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks or other materials which are used by you in, or transmitted via, the Service. On becoming aware of any dispute between you and any other individual or organization regarding the Objects, ServerPoint reserves the right, at its sole discretion and without notice or liability to you, to cease any further use of such Objects including, without limitation, suspending or deleting the Service.
4. 8.4. Unless otherwise set out in this TOS, you own all rights, title and interest to the information you place on our servers pursuant to the Services.
5. 8.5. If you submit feedback to us, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this feedback information.
6. 8.6 All messages exchanged when communicating with our staff will become the sole property of ServerPoint.

9. REPRESENTATIONS AND WARRANTIES

1. 9.1. You represent and warrant that (a) you have the experience and knowledge necessary to use the Services; (b) you and your End Users understand and appreciate the risks inherent to you, your business and your person that come from accessing the Internet; (c) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Services necessary to take advantage of the Services; (d) you will not violate any applicable laws and/or regulations in your use of the Services; (e) you own all intellectual property rights in, or have a license to use, any information you provide to us necessary for us to perform the Services, or to any information transmitted by us through the Services; (f) you will make backup copies of all information in a location independent of ours, and will not use our Backup Services as your sole backup.
2. 9.2. WE MAKE NO WARRANTIES, AND ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. THE SERVICE(S) ARE PROVIDED AS-IS. YOUR USE OF THE SERVICE(S) IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE(S) WILL MEET ANY OR ALL OF YOUR EXPECTATIONS; WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; OR THAT THE OPERATION OF THE SERVICE(S) WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. NO EMPLOYEE OR AGENT IS AUTHORIZED TO MAKE ANY WARRANTY ON OUR BEHALF.

10. YOUR DATA AND BACKUPS - IMPORTANT

1. 10.1. YOU ARE SOLELY RESPONSIBLE FOR YOUR DATA. ServerPoint is not responsible for the loss, corruption, or destruction of any data, files, databases, websites, applications, emails, or any other content stored on or transmitted through our Services, regardless of the cause.
2. 10.2. BACKUP SERVICES LIMITATIONS. While we may offer backup services for certain products, you acknowledge and agree that:
   • (a) Backup systems can and do fail due to hardware failures, software bugs, network issues, storage limitations, or other unforeseen circumstances;
   • (b) Backups may not capture all of your data, or may capture corrupted data;
   • (c) The data you need may have been lost, modified, or corrupted before our oldest available backup was created;
   • (d) Backup retention periods are limited, and older backups are automatically deleted;
   • (e) Backup restoration may not be possible, or may result in partial or incomplete recovery;
   • (f) Backups are provided "AS IS" without any warranty of completeness, accuracy, or recoverability;
   • (g) ServerPoint may purge or delete older backups at any time without prior notice due to storage constraints, system maintenance, infrastructure changes, or other operational reasons.
3. 10.3. YOUR BACKUP OBLIGATION. You must maintain your own independent backups of all data stored on our Services. You agree not to rely solely on any backup services we may provide. We strongly recommend that you:
   • (a) Maintain multiple backup copies in locations independent of ServerPoint;
   • (b) Regularly test your backups to ensure they can be restored;
   • (c) Implement your own backup strategy appropriate for your business needs.
4. 10.4. NO LIABILITY FOR DATA LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVERPOINT SHALL NOT BE LIABLE FOR ANY LOSS, CORRUPTION, OR DESTRUCTION OF DATA, REGARDLESS OF WHETHER SUCH LOSS RESULTS FROM: HARDWARE OR SOFTWARE FAILURE; HACKING, MALWARE, OR SECURITY BREACHES; ACCIDENTAL OR INTENTIONAL DELETION BY YOU OR ANY THIRD PARTY; SERVICE TERMINATION OR SUSPENSION; NATURAL DISASTERS OR FORCE MAJEURE EVENTS; BACKUP FAILURES; OR ANY OTHER CAUSE WHATSOEVER. THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
5. 10.5. SECURITY RESPONSIBILITY - UNMANAGED SERVICES. For all unmanaged services (including but not limited to unmanaged VPS, unmanaged dedicated servers, and any service where ServerPoint does not provide server administration), YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY OF YOUR SERVER. This includes but is not limited to:
   • (a) Installing and maintaining security patches and software updates;
   • (b) Configuring and maintaining firewalls and security software;
   • (c) Securing all applications, scripts, and code running on your server;
   • (d) Managing user accounts, passwords, and access controls;
   • (e) Monitoring for and responding to security threats;
   • (f) Recovering from any security breaches or compromises.
   ServerPoint is not responsible for any damages, data loss, or service interruptions resulting from security vulnerabilities or breaches on unmanaged services.
6. 10.6. SECURITY RESPONSIBILITY - MANAGED SERVICES. For managed services where ServerPoint provides server administration, we will use commercially reasonable efforts to maintain the security of your server. However, YOU ACKNOWLEDGE AND AGREE THAT:
   • (a) No security measures are 100% effective, and we cannot guarantee that your server will be immune to security threats, hacking attempts, malware, or other security incidents;
   • (b) Security threats evolve constantly, and there may be vulnerabilities that are unknown or for which patches are not yet available;
   • (c) You remain responsible for the security of any applications, scripts, themes, plugins, or code that you install on your server;
   • (d) You are responsible for using strong passwords and securing access credentials to your account and services;
   • (e) ServerPoint is not liable for any damages, data loss, or service interruptions resulting from security breaches, regardless of whether we provide managed services.
7. 10.7. ACKNOWLEDGMENT. By using our Services, you acknowledge that you have read and understood this section, and you accept full responsibility for maintaining adequate backups of your data and, for unmanaged services, the security of your server.

11. LIMITATION OF LIABILITY

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS TOS OR UNDER ANY OTHER DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE 3 MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

12. INDEMNITY

1. 12.1. We shall indemnify and hold you harmless from, and at our own expense agree to defend, or at our option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that the Services infringe any issued U.S. patent or registered copyright. This indemnification provision is expressly limited to aspects of the Services which are fully owned by us. It does not extend to products or services provided by third parties even if incorporated into the Services. This paragraph will be conditioned on your notifying us promptly in writing of the claim and giving us full authority, information, and assistance for the defense and settlement of that claim. You shall have the right to participate in the defense of the claim at your expense. If such claim has occurred, or in our opinion is likely to occur, you agree to permit us, at our option and expense, either to: (a) procure for you the right to continue using the Services; (b) replace an individual component of the Services with a product or service performing the same or similar function as the infringing aspect of the Services, or modify the same so that it becomes non-infringing; or (c) if neither of the foregoing alternatives is reasonably available, immediately terminate our obligations (and your rights) under this TOS with regard to such Service. This shall be your only remedy, and our only obligation to you, should a third party allege that the Services infringe any issued U.S. patent or registered copyright.
2. 12.2. You agree to indemnify, defend and hold ServerPoint harmless, our parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "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 attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (a) your use of the Services; (b) any violation by you of any of our policies; (c) any breach of any of your representations, warranties or covenants contained in this TOS; and/or (d) any acts or omissions by you. The terms of this section shall survive any termination of this TOS. For the purpose of this paragraph only, the term "you" as set out in subparagraphs (a) through (d) includes you, End Users, visitors to your website, and users of your products or services, the use of which is facilitated by us.

13. CERTAIN INFORMATION

1. 13.1. Both you and ServerPoint undertake not to disclose to a third party any confidential information which you or ServerPoint receive relating to the contents or performance of this TOS, unless necessary for a party to perform their obligations under this TOS, the Services or the other's business in general, and shall procure that each of its directors and employees shall not do so, except with the prior consent in writing of the other, as required by law, or to the extent to which that information is publicly available or already known to the receiving party at the date of receipt, other than through any unauthorized disclosure by any person.
2. 13.2. Without prejudice to Paragraph 13.1, ServerPoint shall be entitled to mention your name as a client of ServerPoint and the name(s) of products which ServerPoint provides to you with your prior consent.
3. 13.3. If a law or regulation compels disclosure of information we have about you, we are required to respond. We are not required to respond to demands by you that we provide information about your account as part of your litigation. If we agree to do so, we will charge you administrative hourly fee for each hour we spend responding to your request. You will also be charged the fees we are charged by our attorneys in responding to your request.

14. NOTICES

1. 14.1. Any notice to be given by either party to the other may be sent by either support ticket or recorded delivery to the address of the other party as appearing in this TOS or such other address as such party may from time to time have communicated to the other in writing or information on Client Portal. Notices of support tickets opened on behalf of ServerPoint are sent to you by email and shall be deemed received if message does not bounce back.
2. 14.2. You are required to provide notices to us about the Services through the ticket system. We will provide notices to you using the information you provide at the time of the order or in our Client Portal. We have no responsibility for misdirected notices based on your failure to provide correct information.
3. 14.3. Termination notices must be provided to us as set out in paragraph 6.
4. 14.4. Legal Notices to us, which are effective only upon acknowledged receipt, shall be provided to us via certified mail as follows:
   ServerPoint.com Inc. 10620 S. Highlands Pkwy Suite 110-491 Las Vegas, NV 89141

15. RESOLUTION OF DISPUTES AND CHOICE OF LAW

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

1. 15.1. Governing Law

   This TOS and any dispute arising from or relating to this TOS, the Services, or your relationship with ServerPoint shall be governed by and construed in accordance with the laws of the State of Nevada, United States of America, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against ServerPoint must be resolved exclusively as set forth in this Section, except as otherwise agreed by the parties.

2. 15.2. Informal Resolution

   Before initiating any formal dispute resolution proceedings, you and ServerPoint agree to first attempt to resolve any dispute informally. The party raising the dispute must send a written notice ("Dispute Notice") to the other party describing the nature and basis of the claim and the specific relief sought. For notices to ServerPoint, send to: A+ Hosting Inc. DBA ServerPoint.com, 10620 S. Highlands Pkwy, Suite 110-491, Las Vegas, NV 89141, or by email to our Contact Us page.

   Both parties agree to negotiate in good faith for at least thirty (30) days after the Dispute Notice is received. If the dispute cannot be resolved within this period, either party may proceed to binding arbitration as described below.

3. 15.3. Binding Arbitration

   If the dispute is not resolved through informal resolution, it shall be submitted to final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The arbitration shall take place in Las Vegas, Nevada. The dispute shall be heard by a single arbitrator who has experience in the field of internet hosting or technology services.

   The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this agreement is void or voidable. The arbitrator shall have the authority to grant any relief that would be available in a court of law, except that the arbitrator shall not be entitled to award punitive or exemplary damages.

   The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Each party shall bear its own attorneys' fees and costs in connection with the arbitration, unless the arbitrator determines that a claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.

4. 15.4. Class Action Waiver

   YOU AND SERVERPOINT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and ServerPoint agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, consolidated, or representative proceeding.

5. 15.5. Waiver of Jury Trial

   YOU AND SERVERPOINT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and ServerPoint are instead electing that all disputes shall be resolved by arbitration under this Section. In the event that any litigation should arise between you and ServerPoint in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and ServerPoint waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

6. 15.6. Small Claims Court Exception

   Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdiction of such court, provided that the action is not brought on a class, consolidated, or representative basis.

7. 15.7. Equitable Relief

   Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or other proprietary rights.

8. 15.8. Survival

   This dispute resolution provision shall survive any termination or expiration of this TOS or your use of the Services.

16. DEFINITIONS

17. MISCELLANEOUS

1. 17.1. If any provision of this TOS or part thereof shall be void for whatever reason, the offending words shall be deemed deleted and the remaining provisions shall continue in full force and effect.
2. 17.2. Your rights and obligations under this TOS are personal to you, and you shall not assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.
3. 17.3. ServerPoint reserves the right to sub-contract any of the work required to fulfill the Services and to assign this TOS.
4. 17.4. Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event later than 10 days from the beginning of the event.
5. 17.5. Any delay or forbearance by either party in enforcing any provisions of this TOS or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
6. 17.6. Paragraph headings have been included in this TOS for convenience only and shall not be considered part of, or be used in interpreting, this TOS.
7. 17.7. This TOS does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
8. 17.8 SURVIVAL. Paragraphs 2.5, 2.10, 5.12, 9.2, 11, 12, 13.1, 13.3, 14, 15, 16, 17.1, 17.8, Section A: 1.9, 1.11 and 2 shall survive the termination of this TOS.

18. SERVICE-SPECIFIC TERMS

In addition to these General Terms of Service, the following service-specific terms apply depending on the services you have ordered. These supplementary terms are incorporated by reference into this Agreement:

• Web hosting terms of service — Applies to Starter Shared Hosting, Premium Hosting, and Cloud Hosting services.
• VPS hosting terms of service — Applies to Cloud VPS services.
• Dedicated server terms of service — Applies to dedicated server services.

In the event of a conflict between these General Terms of Service and any service-specific terms, these General Terms of Service shall prevail unless explicitly stated otherwise in the service-specific terms.

Section A - Service Level Agreement SLA

Section B - Domain Name Registration

For specifics regarding policies of domain names, their renewals, and information on termination or cancellation of a domain name, please refer to our Domain Name Services Agreement page.

Section C - Private SSL Certificates

We are pleased to offer private SSL certificates to you, through various providers, if set out on your Order (Private SSL Certificates). To use the Private SSL Certificates, you must be a current customer and:

1. 1. Place the corresponding SSL certificate order, for services that do not include an SSL certificate.
2. 2. Agree to the terms and conditions set by the respective Private SSL providers at their websites.
3. 3. Have a dedicated or shared IP address.
4. 4. Agree that ServerPoint shall represent you before the SSL providers for the purpose of approving SSL certificate orders or renewals on your behalf. This may involve logging into the email account you have provided for SSL verification purposes and approving the SSL certificate.
5. 5. Agree that if you do not complete the SSL confirmation process up to 5 business days after your initial SSL activation request, your SSL activation request will be canceled and no refund will be due.
6. 6. SSL certificates may be provided at a lower price as part of a special promotion for a Term set out on your order (the Promotional Term). Such certificates are available to use only as long as the SSL is installed under an IP address of the ServerPoint network. If you attempt to transfer away an SSL during its Promotional Term, the discount or other benefit provided by the special promotion will be removed, and your service will be re-billed as if it had been set up without the special promotion. If this results in additional fees, you will be charged for those fees.

Section D - Backup Services

We provide Backup Services to certain Services on a reasonable efforts basis. Backup Services are provided "as-is" and are subject to all warranty disclaimers and limitations of liability set out herein.

1. 1. Backup Creation

   Although ServerPoint makes reasonable effort to make daily backups of its Shared Hosting Service as well as Cloud VPS Service, backup creation might fail due to various unforeseen hardware and software failures, for which ServerPoint bears no responsibility. Cloud VPS backup service can be configured in Client Portal.

2. 2. Backup Copies

   We keep a limited number of backup copies of your account. Depending on the type of hosting and the type of backup service you have subscribed for you may have access to only 1 copy or more. In case of service transition from one service to another, old backup copies created as part of the previous service are deleted and new backups as part of the new service start to be created.

   Backup Purging. ServerPoint reserves the right to purge or delete older backups at any time without prior notice. This may occur due to storage capacity constraints, system maintenance, infrastructure upgrades, migration to new systems, or other operational requirements. You should not rely on any specific backup being available at any given time.

3. 3. Backup Restore

   We are pleased to provide you with Backup Restore services. Such services are not included in your Service Fees and can be ordered at an additional expense. Depending on the type of Backup Service, for which the customer subscribed, backup restore tools might be provided at customer's disposal free of charge.

   1. 3.1. Restore from ServerPoint backups

      ServerPoint acts in good faith to backup data on your Service daily. Data restore from ServerPoint copies is provided on an as is as available basis. If we do not have any backup copy of your data, we shall refund any prepaid fees for the backup restore service.

   2. 3.2. Restore from custom Backup file

      ServerPoint shall attempt to restore your data from a custom backup file as set out on your order for Backup restore services. We may refuse to restore your data, if in our reasonable opinion such restore will result in security risk or will alter the performance of our Server to the detriment of other customers. Such service is subject to hourly fees. Fees associated with restoring an service from customer Backup files are due immediately and are non-refundable.

Section E - Unlimited Disk Space and Bandwidth

Unlimited web space on any Shared Hosting plan applies to use of web pages only (html, images that are part of a website page, php, etc.) All other files are considered as Premium storage, and allowing the storage of such files is at the discretion of ServerPoint. The purpose of an ServerPoint Shared Hosting Service is to host web sites. Using a hosting service primarily for online file storage or archiving electronic files is prohibited. To ensure fast & reliable service to all of our shared hosting clients, services that adversely affect server or network performance must correct these issues or will be asked to upgrade to a virtual or dedicated server. In the event that you exceed the allocated space quota, ServerPoint will limit your file upload service and send you an email warning to the authorized email address on file. If you do not take action to comply with the overage warning and the terms and deadlines specified in the warning email, ServerPoint reserves the right to suspend your service or terminate this Agreement without liability to you.

Customers on any shared hosting plan will ensure that neither you nor any of your End Users makes excessive or wasteful use of the Server to ServerPoint's detriment or that of ServerPoint's other customers. The terms "excessive" and "wasteful" are defined by our experience with similarly situated customers. This means that your use of bandwidth may not exceed that of similarly situated customers. Unlimited bandwidth use applies to your use of web pages only (html, php, etc.), not for storage of movies, music files or any other files of a size far in excess of a standard HTML pages. If the contents of your Space regularly generate more server traffic than is deemed acceptable by ServerPoint, ServerPoint shall send you an email warning to the authorized email address. If you do not take corrective action or comply with an excessive traffic usage warning we have sent by email within the specified time frame, ServerPoint reserves the right to terminate this Agreement without liability to you.

Dedicated and Cloud Hosting Services have a set bandwidth allocation applicable to each Service, as set out on the Product Page. If in any calendar month you use bandwidth over that basic allocation, your service may be limited and an overage fee will be charged.

Unused bandwidth may not be carried over from month-to-month.

ServerPoint will monitor Customer's bandwidth and disk usage. ServerPoint, in its sole discretion, shall have the right to take any corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage or other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of Customer's Web site, Customer Content, Customer's electronic mail services and/or other materials or termination of this Agreement, which actions may be taken in ServerPoint's sole and absolute discretion. If ServerPoint takes any such corrective action under this section, Customer shall not be entitled to a refund or credit of any fees paid prior to such action. Customer will comply with all applicable laws, rules and regulations regarding Customer's Web site, Customer Content and/or Customer's electronic mail services and will each, including bandwidth, disk space and other resources only for lawful purposes.

Section F - Other Fees

1. a. If any check is returned for insufficient funds, ServerPoint will impose a minimum processing charge of $25.00.
2. b. Wire/Bank transfers will be assessed a minimum charge of $35.00.
3. c. There may be a minimum charge of $35.00 per credit card chargebacks.
4. d. There may be a minimum charge of $35.00 per paypal disputes.
5. e. For special administrative work, ServerPoint will charge Customer $45.00/hour as administrative fee.
6. f. In the event an invoice remain unpaid past the due date:
   1. i. For Shared Hosting services: (10) days after payment is due, ServerPoint will suspend Service. Service will be terminated (30) after payment became due and other services/account may be affected.
   2. ii. For Cloud VPS hosting services: (3) days after payment is due, ServerPoint will suspend Service. Service will be terminated (20) after payment became due and other services/account may be affected.
   3. iii. For Dedicated hosting services: (3) days after payment is due, ServerPoint will suspend Service. Service will be terminated (7) after payment became due and other services/account may be affected.
7. g. ServerPoint will charge Customer a late fee of $25.00 to activate a suspended services; in addition, any amounts payable to ServerPoint not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.
8. h. ServerPoint will charge Customer a termination fee of $50.00 to activate a terminated service due to policy or lack of payment; in addition any amounts payable to ServerPoint not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.
9. i. There may be a minimum charge of $100.00 to restore a service from one of our backups, if available.
10. j. Backups will be deleted from our system once service is terminated or cancelled.
11. k. Power Cost Adjustments. In the event of significant increases in electricity costs at our data center facilities, ServerPoint reserves the right to pass these additional costs on to customers. Such adjustments may be applied as a surcharge or incorporated into service fees. We will provide reasonable notice before implementing power cost adjustments, except in cases of sudden or emergency rate increases imposed by utility providers.

Section G - Disclaimer

1. 1. ServerPoint is not responsible for any damages your business may suffer.
2. 2. ServerPoint denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ServerPoint.
3. 3. The Customer will not use its network nor space provided by ServerPoint to violate any law. In the event Customer violates existing law, ServerPoint shall have the right to terminate all service set forth in this Agreement. In the event ServerPoint is informed by government authorities of inappropriate or illegal use of ServerPoint facilities or other networks accessed through ServerPoint, ServerPoint may terminate customer's Service.
4. 4. ServerPoint will cooperate fully with investigations of violation of systems or network security at other sites.
5. 5. ServerPoint will cooperate with law enforcement authorities in the investigation of possible criminal violations.
6. 6. Customers who violate systems and/or network security, may incur in criminal or civil liability.
7. 7. ServerPoint reserves the right to amend its policies at any time. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Last Updated: January 2026