This policy represents the Carmical Translations Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Carmical Translations customers agree to when they sign-up for any of the Carmical Translations website hosting services. Carmical Translations reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.

Customers using any services offered by Carmical Translations agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with Carmical Translations. Carmical Translations retains the sole discretion to make judgment regarding any violation by any Carmical Translations customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund and/or, if deemed appropriate, be legally prosecuted.

General Provisions

In consideration for Carmical Translations maintaining one or more accounts (each “Account”), you, as the Carmical Translations customer, agree to the following terms of service.

Definitions

  • “We” “Us” or “Provider” or “Carmical Translations”
  • “You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.

Disclaimer of Warranty

The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.

Carmical Translations however, offers a 99.9% uptime guarantee. This is valid for only the Carmical Translations servers and our primary co-location internet connection. Carmical Translations shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, Carmical Translations is not responsible for any downtime caused by any provider’s hardware or network malfunction which is outside of Carmical Translations capability to directly correct. Carmical Translations clients are diverse and their websites and the function of those websites are diverse and Carmical Translations cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.

CARMICAL TRANSLATIONS MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Carmical Translations nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Carmical Translations, even if Carmical Translations has been advised to the possibility of such damages.

Limitation of Liability

IN NO EVENT SHALL CARMICAL TRANSLATIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Carmical Translations. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Carmical Translations. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Carmical Translations HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Carmical Translations. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Carmical Translations FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, CARMICAL TRANSLATIONS. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW

Indemnification

You agree to indemnify, defend and hold Carmical Translations and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Carmical Translations. servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Carmical Translations. equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Carmical Translations. gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

Choice of Law

This Agreement shall be interpreted under the laws of the State of Tennessee without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of Tennessee , County of Washington. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

Services Provided By Carmical Translations

Carmical Translations will provide Internet server rental (“the Service”) to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Carmical Translations members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Carmical Translations members will use the provided services in a manner consistent with any and all applicable laws. Carmical Translations provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Carmical Translations reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Carmical Translations can terminate client’s account without notification.

Carmical Translations provides timely website hosting support to our clients through emails, chat and phones. By accepting your client contract agreement with Carmical Translations you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of Carmical Translations and any employee or contractor of Carmical Translations.

Carmical Translations will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at any time by following the instructions at the bottom of those e-mails.

Client Content

Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Carmical Translations or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Carmical Translations or any third party. Customers may not run IRC, bots or clients. Clients may not use Carmical Translations servers for file storage unrelated to the client’s website, storage Space is for active website file pages only. Carmical Translations’ shared hosting account holders may not act as a reseller, which means that clients may not host any websites in their addon domains that are not domains owned by the client on record at Carmical Translations. You will need to opt-in for our reseller hosting service. Unacceptable uses also include, but not limited to: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, torrents, torrent files, cracks, software serial numbers, proxy(ies) and image/file sharing websites. Carmical Translations will be the sole and final arbiter as to what constitutes a violation of this policy. Carmical Translations does not normally monitor the contents of clients servers, however if suspicion occurs, Carmical Translations reserves the right to investigate and terminate the clients subscription to the service.

Unlimited Features

What do you mean by “unlimited disk space and bandwidth/data transfer”?

We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked “Unlimited”. We want you to have the resources available to you to build a great online presence.

Even though we want you to succeed, we need to ensure that we’re providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business website.

If a customer’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers beforehand, can occur without notice.

Excessive Resource User Policy

Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. Carmical Translations offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Carmical Translations control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using “Excessive amounts of resources” when it consumes 100% of the allocated resources on the subscribed hosting plan and/or subscribed scalable resource add-on(s) known as “Computing Resources”, and/or “Resources”, and/or “Resource Usage”. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. Carmical Translations will make every reasonable effort to notify customer prior to suspension, however, Carmical Translations may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using “excessive resources” may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. Carmical Translations will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.

No “Spam”

UCE/UBE or “Spam” originating from a server located on our network or associated with a Carmical Translations server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the Carmical Translations network but is sent from an e-mail address not associated with that Carmical Translations account. Client shall not use their Carmical Translations services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Carmical Translations reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.

Excessive Exploits

Carmical Translations allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script or Carmical Translations reserves the right to terminate that clients’ account and provide them with a prorated refund.

False Information

Customer agrees not to post false or inaccurate information to newsgroups in violation of the newsgroups rules and regulations. If any newsgroups or service provider contact Carmical Translations concerning unethical, false or unlawful activities by you, Carmical Translations reserve the right to suspend or terminate your service with or without notice.

Licensed Software Only

Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.

Backup Files

Carmical Translations provides the tools needed to create backups of account data. Carmical Translations also backs up its hosting platform and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Carmical Translations does not provide or keep records or copies of our clients website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion. Carmical Translations does not offer backup of virtual private servers and/or Dedicated Servers.

Payment Obligations

Full payment is required in advance before hosting service is established. Carmical Translations sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.

You warrant and represent that the information you supply in the Order Form (or other information that Carmical Translations may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client’s responsibility to ensure that payment is made to Carmical Translations prior to the renewal date and although Carmical Translations sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying Carmical Translations, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full.

Renewals

It is the obligation of the Carmical Translations’ customers to know when their account comes up for renewal and, if their intention is to non-renew their account, they must fill out the Carmical Translations cancellation form 5 business days prior to their account’s renewal date to ensure that the billing department can stop any renewal charges. Carmical Translations’ clients receive email notifications 15 days prior to the renewal date of their account, informing them that their renewal date is approaching. It is the customer’s responsibility to ensure that Carmical Translations has a valid email address for which notices can be sent to Carmical Translations’ clients. If Carmical Translations does not receive a cancellation request prior to the customer’s renewal, Carmical Translations will renew the clients’ account 24 hours prior to the renewal date, and will apply charges as appropriate. Accounts will be automatically renewed on the renewal date and be billed under the same fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). In the case of insufficient funds to charge such amount, you agree to allow Carmical Translations to place your account on a recurring payment plan, wherein we will collect a partial term quantity to avoid an interruption in service and to protect against accidental loss of intellectual property such as, but not limited to, website data, domain registration, etc. The 30-day money back guarantee applies only to the start date of the clients’ service with Carmical Translations, and does not apply to renewals of service.

Late Fees

Clients have the option to pay an invoice at any time by logging into their Carmical Translations account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than four days (the grace period), the account is automatically suspended and a $15.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus $15.00 must be submitted to Carmical Translations.

Currency

All prices listed are in US Dollars ($), for all services & server locations unless otherwise specified.

Cancellation & Refunds

Should you become dissatisfied with our services within the first 30 days of your account activation, Carmical Translations will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Carmical Translations hosting service within the 30-day money back guarantee.

In addition refunds are not available for additional services such as, but not limited to domain names, dedicated IP’s, SSL certificates, CDN, professional services, etc. Add-on services that are activated and are included in the hosting package will not be refundable if cancelled within 30-days.

Website files are the responsibility of the Carmical Translations customer and should a Carmical Translations customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the website files and any emails from the Carmical Translations server prior to requesting that Carmical Translations cancels their account. Once the cancellation request has been submitted to Carmical Translations a cancellation of the website hosting service may occur any time after the request is received by Carmical Translations and when a cancellation request is completed the client’s hosting account with Carmical Translations and their website files are permanently removed from the Carmical Translations servers. Therefore again it is the client’s obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request.

99.9% Service Level Agreement “SLA”

Carmical Translations offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. Carmical Translations will try to maintain maximum uptime. Carmical Translations is not responsible for any downtime caused by the client.

30-Day Money Back Guarantee

Carmical Translations offers an unconditional 30-day money back guarantee that covers cancellations on shared hosting, reseller hosting and VPS hosting made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry-leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees, domain name or add-ons (included and/or purchased) are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations & dedicated servers are also non-refundable. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Carmical Translations hosting service within the 30 day money back guarantee. Any questions regarding the 30-day money back guarantee should be forwarded to [email protected].