Mach 1

Mach 1 Web Design, Inc. – Terms of Service

Last Updated April 26, 2017

Thank you for choosing Mach 1 Web Design, Inc.!

These Terms of Service are an agreement between Mach 1 Web Design, Inc. (“Mach 1 Web Design” or “mach1webdesign.com” or “us” or “our” or “we”) and you (“Customer” or “you” or “your”).

By purchasing or using Mach 1 Web Design, Inc.’s products and services described and offered on and throughout mach1webdesign.com (our “Website”), you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement.

If you do not agree with our Terms of Service, then you may not use any of our services. If you are an existing customer, and do not agree with these terms, you should stop use of the services immediately.

Mach 1 Web Design, Inc. intends to provide the best possible web hosting service to each of its customers. However, due to changing technologies, changing laws and the individual and collective needs of our Customers, Mach 1 Web Design, Inc. reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these terms at any time with or without notice.
Please contact us with any questions regarding the Mach 1 Web Design, Inc. Terms of Service (TOS) by email at support@mach1webdesign.com.

  1. Eligibility & Registration

Our Products and/or Services aren’t targeted towards, nor intended to be used by anyone under the age of 18. By utilizing our Products and/or Services, you represent and warrant that you are at least 18 years of age or older.
It is your responsibility to provide complete and accurate information and keep your account information up to date at all times. Accounts are setup after payment has been received and the order has been screened by either us or our partner(s) for fraud. You are responsible for providing us with a valid 3rd party email address which is not associated with the domain(s) hosted on your account. In case we need to get in touch with you regarding an abuse issue or other account related matters, we will contact you on the primary email you signed up with. If you have registered a domain with Mach 1 Web Design, Inc., you must verify that the contact information with your registered domain(s) is always correct and up to date. Mach 1 Web Design, Inc. will not be liable for any loss or damage from your failure to provide us with accurate information or to keep your Account secure. Providing false contact information of any kind may result in the termination of your account.
You are solely responsible for the activity that occurs on your account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your account password secure.
You can update your contact information at any time through the client portal. High risk transactions may be subject to further validation, we may require you to provide us with a scanned copy of your government issued identification and possibly a scan of the credit card used during sign up. If you fail to provide us with proper validation upon request, your order will rejected and marked as fraudulent.

  1. Transfers

Website transfers are provided as a courtesy service and although our team will make every effort to move your site to Mach 1 Web Design, Inc.’s servers, we cannot make any guarantees. Other web hosts may use unique configurations in incompatible formats, which may make it difficult if not impossible to transfer account your data. The free transfer provided by Mach 1 Web Design, Inc. is only available within 30 days of account registration after which period an account transfer request will incur a small charge.

  1. Acceptable Usage Policy (AUP)

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly, you agree to use these Services only for the purposes intended as permitted by (a) the terms of this Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. Mach 1 Web Design, Inc. reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise blocked), with or without notice. Failure to reply to an email from us within the defined time frame in our email to you may result in the suspension or termination of your account.

 

  1. Violation of Copyright, Trademark, Patent or Trade Secret

Mach 1 Web Design, Inc. prohibits copyright and trademark infringement – this includes but is not limited to unauthorized copying of movies, music, books, photographs, software/warez, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be infringing any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights will be removed or access to the material will be blocked. Any account in consistent violation of copyright laws will be suspended or permanently terminated. If you believe that any account hosted with Mach 1 Web Design, Inc. is in violation of the copyright agreement laid forth here, please email abuse@mach1webdesign.com with the required information. Documentation may be required in order to follow through with account suspension/termination.

 

  1. Non-acceptable content/practices & restrictions
    In order to protect our customers and our servers there are certain types of content that we do not allow under any circumstances. Much of what we do not allow is typically targeted by malicious users & hackers which can harm the reputation of our servers, services & IP address space.Examples of non-acceptable content or links are:

    • Hackers applications/archives
    • Child Pornography
    • “Warez” sites
    • proxy applications
    • IRC Scripts/applications or bots
    • rapid-leech (and similar)
    • torrents or torrents listings
    • spam applications
    • mass-mailing software
    • pirated software

Any content outlined above found on our servers will be removed without notice & the offending account flagged for review. In the event illegal activity is found, law enforcement will be notified.

Adult Content
We currently do not allow sexually explicit content or pornographic content; defined as nude videos, photographs or sexual activity.

Example of allowable content: Lingerie storefront
Example of prohibited content: Sexually explicit images/videos or links/advertisements

Additionally, we do not allow: “Get rich overnight” style content, questionable/unethical styled content, forex sites or any other content that we feel could potentially take advantage viewers of your site. Questionable or get rich overnight content is not illegal, however, we do not allow it to be associated with Mach 1 Web Design, Inc. or hosted alongside other customers of Mach 1 Web Design, Inc.

Any attempt to undermine or cause harm to a server or customer of Mach 1 Web Design, Inc. is strictly prohibited. Should you knowingly violate the Terms of Services outlined within, your account is subject to be cancelled without refund.

 

  1. Refusal of service
    Mach 1 Web Design, Inc. holds the right to refuse service to anybody at any time. Any material that, in our judgment, is obscene, threatening, prohibited, or breaks Mach 1 Web Design, Inc.’s terms and conditions in anyway may be removed from our servers (or otherwise blocked), with or without notice.Any communication with Mach 1 Web Design, Inc.’s staff construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, will receive a single warning. If the communication continues, your Services may be suspended or terminated without refund. This includes, but is not restricted to, threats to sue, slander, libel, publicly post, or start a chargeback.

You also agree that we may, at our sole discretion, suspend or block access to all or part of your website with or without notice and for any reason, including, without limitation, breach of this Agreement.

  1. Resource Usage
    Mach 1 Web Design, Inc. does not set “hard” bandwidth limits on web hosting accounts. While bandwidth is “unmetered” it does not mean “unlimited”. The fair use policy is set to protect from resource abuse. If your bandwidth usage is normal website, email & content serving traffic, we will not limit your usage. We understand there may be times when a website has higher than normal traffic which causes a bandwidth spike; this is not considered abuse.

If your website is used for uploading/downloading large files or streaming large amounts of audio/video which consume large amounts of bandwidth continuously, we reserve the right to limit your bandwidth quota to a fair amount to protect other users

In short, if your account does not affect other customer accounts, and you do not intentionally abuse this policy, you will have no problems and need not worry about bandwidth quotas.

Email
Accounts that contain large numbers of email accounts are subject to the fair use policy. Accounts found having large number of connections that impact availability to email services to other customers may require an upgrade onto their own server.

Hosting Account Resources

While we do not impose strict bandwidth limitations on hosting accounts, the same resource limitations apply to both unlimited and limited accounts. These limits are in reference to inodes, processes, memory & CPU.

  • CPU: 100% of 1 vCore
  • Starting Memory: 1-4GB based on plan specifications
  • Processes: 100
  • I/O: 5MBPS
  • inodes: 300,000
  • Starting mySQL Connections: 12 – max to 20
  1. Third Party or Client Page Modification
    With a WordPress based website, the Customer will have the ability to independently edit or update his or her web pages after completion of the site. If anyone other than Mach 1 Web Design, Inc., its subcontractors and/or assigns attempts to update the website and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $75 per hour beyond the time allotted in the monthly care plan. There is a one-hour minimum.

 

  1. Simple Site Edits
    Some Managed Hosting plans may include “Simple Site Edits”. Simple Site Edits are defined as small tasks which take Mach 1 Web Design, Inc. less than 30 minutes to complete. Simple Site Edits are intended for minor changes to the text content or graphics content of a web page. Examples include updating a coupon, updating a picture, updating the site copyright date, help with the layout of a blog post, or text changes to a website. Simple site edits do not include site wide changes to your website theme or style, site wide menu/navigation edits, adding/removing pages, header/footer modifications, custom programming, plugin modification, etc. Classification of a task as a Simple Site Edit will be at the sole discretion of Mach 1 Web Design, Inc., its subcontractors and/or assigns. Changes and/or modifications to your website not classified as a Simple Site Edit will be billed at an hourly rate of $75/hour. Mach 1 Web Design, Inc. agrees to notify you before work is performed if any requests will incur additional fees.For Managed Hosting and/or WordPress Care plans that include unlimited Simple Site Edits we reserve the right to classify requests as excessive and bill at our hourly rate. In case our plan does not meet your needs, you may cancel your plan at any time in accordance with our 100% Satisfaction Guarantee.
  2. SPAM unsolicited email, bulk mailing & blacklistings
    Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Mach 1 Web Design, Inc., but also because it can overload and disrupt service to our other customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, we will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Mach 1 Web Design, Inc. reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Mach 1 Web Design, Inc. choose to pursue and prosecute.

By agreeing to our Terms of Service, Mach 1 Web Design, Inc. is authorized to access your accounts hosted on our networks; shared, reseller, virtual servers & dedicated servers to investigate SPAM complaints.

Mach 1 Web Design, Inc. has a zero-tolerance policy for SPAM being sent from our networks. Knowingly allowing SPAM to be sent from your server/account on our network is grounds for immediate termination without refund for any service.

Blacklisting policy:
Abuse related issues resulting in blacklisting of our IP space will be subject to a $50 non-refundable blacklist removal and cleanup fee. This fee applies to websites/accounts with repeated abuse related issues, failure to comply with security policies and/or continuous related SPAM issues. Note: this applies to repeat and/or failure to resolve security issues resulting in our IP space becoming blacklisted.

  1. Payments and Billing

Customer agrees to supply appropriate payment for the services provided by Mach 1 Web Design, Inc., in advance of the time period during which services are provided. Special offers, promo codes, or coupons are limited-time promotional prices that are available to new customers and are only valid for the initial term only, and not for renewals. Mach 1 Web Design, Inc. will automatically renew your services by charging the applicable fee for the non-promotional price to Customer’s current method of payment on file.

 

  1. Autorenewals

You agree that until and unless you notify Mach 1 Web Design, Inc. of your need to cancel any or all services received, those services will be billed on a recurring basis based on your billing cycle.
Unless a cancellation request is submitted, Mach 1 Web Design, Inc. reserves the right to bill your credit card or any other billing method you have on file with us.
Subsequently, all domain renewals are billed and renewed 30 days prior to the renewal date. It is your responsibility as the customer to notify our billing department via email at billing@mach1webdesign.com or support ticket for any domain registration you wish to cancel. No refunds can be given once a domain has been renewed — all domain registrations and renewals are final.

 

  1. Late Payments

Any invoice that is unpaid for 7 days after the payment due date will result in account suspension until the balance on the account has been settled. Access to the account will not be restored until payment has been received for the overdue invoice. Domain renewal notices and invoices are emailed as a courtesy reminder from Mach 1 Web Design, Inc. and we cannot be held responsible for a customer’s failure to renew a domain or failure to notify a customer about a domain’s renewal.
Mach 1 Web Design, Inc. is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, Mach 1 Web Design, Inc. reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.

 

  1. Backups and Data Loss

Customer agrees that use of Mach 1 Web Design, Inc. services is at Customer’s sole risk. Our backups run once daily and keep your site file changes for up to 14 days. Only 14 days of backups are kept at a time.
Any advertised backup services provided by Mach 1 Web Design, Inc., whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backups of files and data stored on Mach 1 Web Design, Inc.’s servers; Mach 1 Web Design, Inc. is not responsible for any loss of files or data residing on your account.
If your Managed Hosting plan or WordPress Care plan includes additional backup services, they will be of the WordPress files and database only. They will not include email, files, or other digital content outside of your WordPress installation.

 

In the event of a programming, configuration, setup error, or any other defect in our hardware or software that causes loss of data, including customer leads, emails, or other data, Mach 1 Web Design, Inc. will not be responsible for any direct, indirect, incidental, special, punitive or consequential damages whatsoever.

  1. Domain Name Registration, Transfer or Renewal

We promise to do our best to ensure your domain names are registered, transferred or renewed on time. If any domain name registration, renewal or transfer lapses, it’s your responsibility to inform us within fourteen (14) days. Redemption fees will be charged to Customers for domain names that expired or remain expired more than thirty (30) days, when no contact is made in the required timeframe with Mach 1 Web Design, Inc.’s liability is limited to the total amount paid for the domain name.

In the event of a chargeback by a credit card company (or similar action by another payment provider) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to Mach 1 Web Design, Inc. as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase.

Mach 1 Web Design, Inc. may opt to list Mach 1 Web Design, Inc., an employee or agent of Mach 1 Web Design, Inc., or owner of Mach 1 Web Design, Inc. as the Registrant, Administrative Contact, Technical Contact, or any and all other contacts in the ICANN domain registry listing. We hold the listing in our name as a courtesy for our customers in order to prevent spam mail, domain phishing attacks, and business marketing calls. You may contact us to find out who is currently listed as the Registrant for your domain. If you wish to hold the domain in your own name, you may change the Registrant info by notifying us in writing.

 

Any change of Registrant information may incur a 60 day lock on domain transfer which is beyond our control.

 

  1. Free Domain Name Registration

Some hosting plans may include free domain name registration as outlined on our website. The free domain must be a .COM, .NET, or .ORG domain. Other domain name extensions are not included with this offer. In the event of cancellation of your hosting plan within the first month of service, a $24.95 fee will be deducted from your refunded amount in accordance with our refund policy.

 

  1. Cancellations and Money Back Guarantee.

Customers may cancel their web hosting account at any time by requesting cancellation of their account from the client portal.

 

Similarly, Mach 1 Web Design, Inc. reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. Mach 1 Web Design, Inc. is not responsible for any damages or loss of data resulting from such suspension or termination.

 

Upon submitting the cancellation form, you will receive a submission confirmation in your email address on file with Mach 1 Web Design, Inc. We may contact you via email, ticket or phone to confirm your cancellation.

 

If you do not hear back from us, or do not receive an automatic confirmation email after submitting your request, please contact us at billing@mach1webdesign.com to confirm whether or not we received your cancellation request.

 

  1. 100% Satisfaction Guarantee, Refund Policy, and Credits

If you are not 100% satisfied, Mach 1 Web Design, Inc.’s managed and unmanaged hosting plans may be cancelled at any time. Any refunded amount may be issued as credit to your account or by the original method of payment. Refunds will deduct the pro-rated amount of time from your sign-up date until acknowledgement of receipt of your cancellation request. Mach 1 Web Design, Inc. also reserves the right to deduct fees for value added services that may have been included in the services at no additional cost, such as an SSL certificate or free domain registration or transfer, from any refunds or account credits.

 

Non-refundable Products and Services

Unless otherwise specified, we do not offer refunds on any service charges or fees, hourly labor fees, hourly web development fees, other hourly fees, account credits, balances, added funds, website design and/or setup fees, psd to html services,  dedicated IP addresses, administrative fees, SSL certificates, install/development fees for custom software, domain registrations, domain renewals, or domain transfers.

 

  1. Refund Eligibility

Intentional violations of our Terms of Service will waive the refund policy and no refunds will be issued.

 

  1. Chargebacks, Reversals, and Retrievals
    If Mach 1 Web Design, Inc. receives a chargeback, notice of insufficient funds, or payment dispute from a credit card company, bank, or any other payment method, your Services may be suspended without notice. A $100 fee, plus any outstanding balances accrued as a result of the failed payment, must be paid in full before service is restored. Instead of initiating a chargeback, please contact Mach 1 Web Design, Inc.’s billing team to address any billing issues or concerns.

 

  1. Uptime Guarantee

In the event that the server hosting your website has a physical downtime that falls short of the 100% uptime guarantee, you may be entitled to credit of up to 5% of your monthly hosting fee for every 30 minutes of downtime (up to, but not exceeding 100% of one monthly payment, and the credit will be applied toward future payments). Approval of credit is at the discretion of Mach 1 Web Design, Inc. upon review of server and network logs. Third party monitoring services are not accepted as justification due to variety of factors including monitor’s network capacity/transit availability and firewalls. The uptime of the server is defined as the reported uptime from the log files.
Site availability guarantee does not include outages that do not affect the appearance of your website but merely affect access to your website such as FTP or email; scheduled or emergency maintenance, DDOS or other attacks on our servers, hardware failure, third-party software failure, maxed out resources, interruptions resulting from errors or omissions by the customer, issues relating to the customer’s ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control.
You are responsible for reporting a downtime event, and you must request a credit within ten (10) days of experiencing a downtime event. To request a review of our logs contact billing@mach1webdesign.com.

 

  1. Price Change

The payment amount for hosting will never increase for the time period which has already been invoiced and paid. However, we reserve the right to change prices for future invoices. We also reserve the right to modify our service offerings and increase/decrease the amount of resources given to plans at any time.

 

  1. Indemnification

You agree to defend, protect, indemnify and hold harmless Mach 1 Web Design, Inc., and its officers, directors, employees, agents, subcontractors, and 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, costs, damages, losses, liabilities, demands, actions, proceedings (whether legal or administrative), and expenses (including, without limitation, reasonable attorneys’ 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) violation by you of any of Mach 1 Web Design, Inc.’s Agreement or policies; (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification terms of this section shall survive any termination of this Agreement or your use of this Site or the Services found at this Site.

 

  1. Disclaimer

You agree that your use of Mach 1 Web Design, Inc.’s Services is at your own risk. Mach 1 Web Design, Inc. will not be responsible for any damages your business may suffer. Mach 1 Web Design, Inc. makes no warranties of any kind, expressed or implied for services we provide. This disclaimer includes, but is not limited to, the warranties or non-infringement, fitness for a particular purpose, warranties or merchantability. Neither Mach 1 Web Design, Inc., its employees, agents, resellers, third party information providers, merchants licensors or the like, warrant that Mach 1 Web Design, Inc.’s services will not be interrupted or be error-free; nor do they make any warranty as to the results that might be obtained from the use of the services or as to the accuracy, or reliability, of any information service or merchandise contained in or provided through Mach 1 Web Design, Inc.’s network, unless otherwise expressly stated in this agreement. Mach 1 Web Design, Inc. specifically disclaims any and all warranties regarding services provided by third parties, regardless of whether those services appear to be provided by Mach 1 Web Design, Inc.. No warranties made by these third parties to Mach 1 Web Design, Inc. shall be passed through to you, nor shall you claim to be a third party beneficiary of such warranties.

 

  1. Force Majeure

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.

 

  1. Limitation of Liability

In no event shall Mach 1 Web Design, Inc., its officers, directors, employees, subcontractors, agents or third parties providing services through Mach 1 Web Design, Inc., be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including but not limited to: damages for loss of earnings, profits, revenue, business, data, or any other pecuniary loss by you, any of your end users or any third party as a result of your use of this site or the services found at this site or from mistakes, errors, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction or unauthorized access to Mach 1 Web Design, Inc. records, servers or programs. You agree that this paragraph applies even if Mach 1 Web Design, Inc. has been advised of the possibility of such damages. You hereby acknowledge that this paragraph applies to all contents on any of our servers or services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; you agree that in those jurisdictions, Mach 1 Web Design, Inc.’s liability will be limited to the extent permitted by law.

 

You also acknowledge and accept that any damages will be limited to no more than the fees paid by you for one (1) month of service.

 

  1. Disclosure to Law Enforcement

We may disclose any customer information to law enforcement agencies without consent or notification to the customer upon appropriate lawful request from such agencies. We will co-operate fully with law enforcement agencies.