DOCUMENT VERSION 02015123.
Definitions “client” means person, company or organization entering in contract with advancis for the use of the web hosting services and use of advancis servers.
“advancis” also referred to thereafter as “advancis.com” or “advancis.com,Inc.” refers to advancis.com,Inc., a US corporation located at 2911 Turtle Creek Blvd, Ste 300 Dallas Texas 75219 USA
Terms and ConditionsThese Terms and Conditions (“TOC”) represent the basis of a contract between client (“you” or “your”), and advancis.com, Inc (“advancis”, “we”, “us”, or “our”). By corresponding with us, browsing our web properties, or using our Services you accept these TOC and you agree to abide by the then-current version of: these TOC, our Acceptable Use Policy, our Support Policy, our Refund & Billing Policy, our Privacy Policy, our Server Maintenance Policy, and our DMCA Policy, each of which is integrated into the TOC by reference (together, the “Policies”). These Policies may be modified from time-to-time by us and, by continuing to use our Services, you agree to be bound by the modifications. The most recent version of these TOC can always be found here.
advancis provides a number of services and products to its customers, which are collectively referred to in these TOC as the “Services”. Regardless of whether you pay for a Service or it is provided as part of a package, as a standalone full price or discounted service or for free, any Service you request or allow to be provided by advancis is included as part of the “Services” we refer to in these TOC and the other Policies. All Services are subject to each of our Policies. Certain Services may also be provided by third parties and their terms of service or use that may contain additional or different terms will also apply to your use of such Services. We may change the specifications or details of the Services at any time but we have no obligation to change the Services. Additionally, the third parties we contract with to provide Services may change their offering at any time, including between the time of purchase and the date the Services are delivered. We will use commercially reasonable efforts to inform you of changes to the Service.
Our Hosting accounts are allocated bandwidth depending on the package you select. The bandwidth for Services purchased does not rollover and is not creditable across periods. In the event you require more bandwidth than you have purchased, your account may be suspended until the next period, you may purchase additional bandwidth by upgrading your account, your account may be terminated for a violation of the terms of the package you purchased, or we may charge you an additional fee for the overage, in our sole discretion.
We will provide, as part of the Service cost, the number of primary IP addresses included in the plan you select. You may request additional IP addresses for an additional fee. If we need to change one of your assigned IP addresses we will notify you of the change by email. You may use the IP addresses provided only in association with the Services and they may not be transferred.
In using our hosting Services, you may not place excessive burdens on our CPUs, servers, or other resources, including our customer support services. You understand that bandwidth, connection speeds, and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Services, including suspension or termination of your account or a reduction in bandwidth available for your use (also known as bandwidth throttling), in our sole discretion. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers.
You will not have physical access to any of the servers on which your data is stored. These servers will often be shared with third parties. Use by any third party may affect your use and administration of the server. You shall not take any actions to limit the use of or alter the server or Service functionality or the functionality of any related equipment.
Either party may terminate the Services for convenience upon fifteen (15) days prior by providing written notice to the other. We only accept cancellations through our online cancellation form found. If you terminate for convenience, you will be responsible for all charges for the duration of the then active Initial or Renewal Term. For details on our Money Back Guarantee, please see our Refund & Billing Policy.
Before cancelling, we request that you, but do not require you to, contact us and request an escalation of your issue if your cancellation is due to unsatisfactory services or an unsatisfactory answer to a previous issue. If your agreement with us is for a set term, please contact us prior to canceling to determine what your charges will be in connection with the termination. All cancellation requests need to be submitted through our online cancellation form.
Termination. advancis reserves the right to immediately suspend or cancel the Services without notice: (a) for a violation of these TOC, including any of our Policies; (b) for your failure to pay any amounts due, (c) to prevent a service interruption by an Internet Service Provider or other network services provider, or (d) to protect the integrity of advancis’s network or the security of the Services. You are not entitled to notice or protest should we exercise these rights. Upon termination, your account will be closed, data deleted, and all fees and charges due and payable must be paid to us. Once your account is closed, we have no responsibility to: (x) forward email, or other communications or (y) maintain any data backup that predates the termination date. If allowed, you are encouraged to keep the Service active during a transition period should you seek to forward your email or other communications. If we suspend or terminate your use of our Services because you have violated these TOC, including any of our Policies, we will not provide you with a credit.
For Breach. You may terminate the Services upon the occurrence of a material breach by advancis, which has not been cured within thirty (30) days of our receipt of written notice of the breach. A material breach does not include any of the items listed in Section 19(b). Notice of a material breach must contain sufficient detail for us to identify the breach and attempt to take corrective action.
Your use of the Services is governed by these TOC, including our Policies. ADVANCIS PROVIDES NO GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR CONTINUOUS, OR THAT YOU WILL BE ABLE TO ACCESS ADVANCIS’S NETWORK AT A PARTICULAR TIME, OR THAT ANY DATA TRANSMITTED BY A2 HOSTING IS ACCURATE, ERROR FREE, VIRUS FREE, SECURE, OR INOFFENSIVE.
YOU ACKNOWLEDGE THAT IT IS SOLELY YOUR RESPONSIBILITY TO REGULARLY BACK-UP AND MAINTAIN COPIES OF YOUR DATA OUTSIDE OF ADVANCIS’S NETWORK. advancis is not responsible for any data loss or corruption, including that result from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension.
advancis warrants that it will perform the Services in accordance with prevailing industry standards. To make a breach of warranty claim, you must notify advancis in writing, specifying the breach in reasonable detail, within thirty (30) days of the alleged breach. Your sole and exclusive remedy, and advancis’s sole and exclusive obligation, in the case of a breach of this warranty is, at advancis’s option, to (i) reperform the Services, or (ii) issue you a credit based on the amount of time the Services were not in conformity with this warranty, subtracted (“pro-rated”) by the amount of time they were in conformance. SERVICES PROVIDED BY THIRD PARTIES ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY.
EXCEPT FOR THE WARRANTY AFOREMENTIONED, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO A2 HOSTING), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. No oral or written information or advice given by advancis, its employees, agents, owners, directors, officers, or affiliates pursuant to these TOC, or otherwise, shall create a representation or warranty or in any way increase the scope of any representations and warranties set forth in these TOC. ADVANCIS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE COMPLETE OR FREE FROM DEFECTS OR ERRORS.
IN NO EVENT SHALL ADVANCIS BE LIABLE TO YOU IN CONNECTION WITH THESE TOC OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, FOR ANY: (A) DATA LOSS, (B) DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (C) LOST PROFITS, LOST REVENUES, LOST BUSINESS EXPECTANCY, BUSINESS INTERRUPTION LOSSES, OR BENEFIT OF THE BARGAIN DAMAGES. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM “ADVANCIS” SHALL BE INTERPRETED TO INCLUDE ADVANCIS EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AND AFFILIATES.
You agree to indemnify, defend, and hold harmless advancis and its personnel, parent, subsidiaries 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, reasonable attorney’s fees) arising out of or relating to (i) your use of the Services, including any data migration-related efforts you request from advancis personnel or authorize advancis personnel to conduct; (ii) any violation by you of these TOC or any of advancis’s Policies, including those violations that result in a disruption of the network; (iii) any breach of any of your representations, warranties, or covenants contained in these TOC, including the Policies; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOC or the Services. For the purpose of this paragraph only, the terms used to designate “you” include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.
U.S. export laws apply to your use of the Services. It is your obligation to confirm that your use of the Services complies with applicable laws and we encourage you to learn more about U.S. export laws to ensure that your use of our network complies with these laws.
We offer a 99.9% uptime commitment. We will use our commercially reasonable efforts to provide the Services twenty-four (24) hours a day, seven days a week. However, in order to operate in an efficient and secure manner, servers and network equipment require routine maintenance and upgrades (“Scheduled Downtime”) and you acknowledge that from time to time the Services may be unavailable for various reasons, including due to Scheduled Downtime or causes beyond our control. We will provide commercially reasonable advance notice to you for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility, or inoperability of our web servers but we are not responsible for the unavailability.
Force Majeure. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the party’s reasonable control, including without limitation third party service failures, software failures, hardware failures, distributed denial of service (DDoS) attacks, acts of God, bandwidth interruptions, general network outages, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers. 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 an excusable delay shall notify the other party as soon as possible, but in no event less than ten (10) days from the beginning of the event.
Choice of Law, Jurisdiction, and Venue. The validity, interpretation, and performance of these TOC, including our Policies, shall be controlled by and construed under the laws of the State of Texas, United States of America, as if performed wholly within the state and without giving effect to the principles of conflicts of law. You agree that jurisdiction and venue for are exclusive in the Dallas County Circuit Court in Teaxs. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods.
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