Terms of Service

Introduction


Welcome to AMG Network Hosting, LLC's website. We are a privately held business headquartered out of Bridgeport, WV. We pride ourselves in customer service and high availability servers. By signing up for our services you agree to the following terms and conditions. In the event one or more of the following terms or provisions cannot be upheld all others will still be in enforced. As a client and user of our services it is your responsibility to keep updated with any changes to these terms of service located on this page.

 

Definitions

 

The terms "us", "we", "our" and "company" all refer to AMG Network Hosting, LLC DBA AMG Network Hosting.

 

Business days refer to Monday through Friday excluding all U.S. holidays.


1. Accounts

1.1 Ordering

After placing an order services will not be setup until after all outstanding payments are made and our payment partners have screened the payment against fraud. After your account is setup an email will be sent to the email address(s) provided with service information. It is your responsibility to make sure you have white listed/grey listed our email domains (@amgnh.com and @staff.amgnh.com) with your email provider or client to prevent these and future emails from being marked as spam. If you are unable to find an email in any of your folders including the spam folder you are able to view a history of emails sent through our billing system in your client area.

1.2 Account Requirements

In order to create an account with us you must be able to enter into a legally binding agreement, this means that you must be at least 18 years of age or older. Multiple accounts for the same user or company are prohibited and will be seen as an abuse of our system. In the even you had an account with us before and it was closed due to a breach of our terms of service or other reasons you must contact our sales department in order to have your account reactivated. An account that has no active services or domains will be marked as inactive however it will still be able to be accessed by the client. We must be able to verify your account from time to time for some situations. If requested you must be able to verify the information you have provided us.

1.3 Account Modification

Our staff reserve the right to modify your account and/or services in order to perform the duties of their job and anytime we deem it necessary.

2. Uses of Services

2.1 Prohibited Activity

By using our services you agree you will not engage or perform the following act:

  • Denial of Service Attacks
  • SPAM of any kind including
  • Transfer any illegal, abusive or threatening materials
  • Encourage the act of transferring any illegal, abusive or threatening materials
  • Host a link or file of any illegal or copyrighted material
  • Harvest user data against their knowledge or consent
  • Transmit any viruses or harmful programs
  • Attempt to gain access to any accounts other than your own
  • Abuse of our staff in any form

 

For web hosting and reseller web hosting clients 90% of all files on the account must be linked on public facing web pages.

2.2 SPAM

SPAM as defined in the CAN-SPAM Act is strictly prohibited. In the event your account has been reported as sending SPAM we reserve the right to terminate your account and seize any active services or domains with us in an effort to prevent SPAM from these other services. These services will not be returned until you have demonstrated that you are following CAN-SPAM Act compliance and have paid any cleanup fees that we have assessed to your account in order to mitigate any effect by SPAM from your services. These fees may be up to $

3. Payments & Billing

3.1 Payment Information

You agree to provide and keep up to date all payment information required to process your payment. This includes but is not limited to payment method information as well as account information such as your name, address email and phone number. Your are responsible for checking your account for any due invoices. We are unable to guarantee that these emails are successfully delivered to your email account due to many factors. All due invoices are able to be seen from the client area and is the most reliable way to view all due invoices.

3.2 Refunds

Our 30 day money back guarantee applies only to our web hosting and reseller web hosting services. This guarantee only applies to first time clients and must be requested within 30 days of the sign up date. Anyone in violation of our terms of service during or before the time of service will not be eligible for a refund. Domain registrations are not eligible for refunds.

 

We do not offer refunds for breaking our Terms of Service

3.3 Charge Backs

You agree not to charge back any payments to us. Any charge backs will result in additional fees charged to your account of up to the amount of those fees plus up to $300 for administrative fees. You are responsible for all additional fees occurred including cost of collection of the fees as well as fees assessed to you by your bank or financial institution. Returned checks will result in a $25.00 fee.

3.4 Late Payments

All payments are due by the date listed on the invoice. Failure to pay by 3rd day after that due date will result in a late fee of 5% (with a minimum of $0.50) beings added to the total amount due. If the payment is not received by the 5th day than the service will be suspended and inaccessible. On the 7th the service will be terminated and all information will be unrecoverable.

3.5 Account Collections

Any unpaid invoices to us will be turned over to collections. In the even a collection record exists on your account you are no longer permitted to order new services from us. Collections may seize all active products. services and domains on the account and hold them until the amount owed is paid in full.

3.6 Dedicated Server Setup Fees

Starting for servers ordered after February 1st 2016: We now offer refundable dedicated server setup fees. In order to take advantage of this offer the account must be in 100% good standing with no warnings or strikes during the time of any service on the account. A cancellation request for the service must be made 60 days before the requested final date of the service. This refund will result as a credit to your account for the final 30 days of service for the amount of the setup fee. The final requested day of the service may not be prorated and must be the final day of the set full billing cycle. This credit may not be used for other services or withdrawn as a payment. You may check the eligibility at any time by contacting our sales support department.

3.7 Cancellations

All cancellations must be made 15 days prior to the next due date. Failure to cancel before that date will result in the next month of service being charged to the account. Failure to make payments will result in the amount being sent to collections and all services being seized or terminated due to breaching our Terms of Service.

 

We reserve the reserve the right to terminate or seize your services for breaking our Terms of Services.

3.8 Promotions

Promotions and promotional offers are offered at the discretion of our authorized staff members. Any promotional offer received may (at the discretion of management) be applied toward an existing product however this promotion will not be combined with any other offers. In the event a credit should be applied for a promotion this credit would over rule any other promotional offers as well.

 

The term "life" on any promotion or offer means for the life of the service. This would mean if at any time the product is suspended or canceled this offer would not longer be applied.

 

Offers and promotions are not allowed to be transferred unless approved by management on a special case basis.

4. Network Usage

4.1 Bandwidth

Your are allocated a monthly bandwidth amount. In the event you go over your monthly limit your account may be suspended. Dedicated server customers however will be charged an overage of $0.50/MB and not suspended. It is your responsibility to track bandwidth usage on your server and you may request your current usage at any time by opening a support ticket with our Network Operations Center support department in the client area.

4.2 Network Speed

We make no guarantee on the speed of a specific connection at all given times. We do our best to make sure there is enough bandwidth available to meet all clients needs and that we are able to provide the highest speed possible to all connections.

4.3 IP Addresses

All IP Addresses greater than the initial /29 IPv4 or /64 IPv6 subnet require that a IP Justification form must be filled out and approved by our Network Operations Center. Many factors can affect this application such as prior account history and current IP usage.

 

All IP Addresses assigned are not property of the client usage of IP Addresses do not grant rights to the IP Address(s). We reserve the right to reclaim IP space if the justification arises.

 

We reserve the right to null route or blacklist IP Addresses for any reason including being the target of or originating abuse material or attacks.

4.4 Network Uptime

Our 100% network uptime SLA is monitored covers the network connection between our providers and your server. In the event a dispute arises we will collect information from outside monitoring systems to determine if at any point a connection to your server was down. This means that just because you are unable to connect to your server the same may not be true for others. In the infrastructure that is the internet many possible failure points exists and we only guarantee the connections we control.

4.5 99.99% Uptime

Our 99.99% uptime guarantee only applies to the host nodes we control. A guarantee is made that the server a service is hosted on is up, not the individual service. Many things can cause a VPS or website not to be able to be connected to due to a setting a user configured. Dedicated Servers are not eligible for this guarantee

5. Dedicated Server Setup

When a dedicated server is ordered we queue the server to be built, operating system installed and tested for at least 1 hour as our form of quality control. Normally this is all down within 72 hours however with some configurations or during busier periods of time this could take up to 5 business days. These 5 business days are included in the cost of the first month of the server due to the nature of dedicated server setup and configurations. In the event that a server setup is taking more the 5 business days your billing cycle start date will be adjusted to the date the server is ready for your use. In some very rare cases for some configurations, parts may need to be ordered for your server, in this event your billing period will be adjusted to start from the date when the server is ready for your use.

6. Reselling of Services

We welcome resellers however anyone reselling must take full responsibility of the services on their account. This includes all usage of services per our Terms of Service as well as making payments by the due do date. Failure to follow these Terms of Service may affect all services on the account.

7. Backups and Data Loss

Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. Account backups may be requested from our support department however in some cases a fee my be incurred and cannot be guaranteed.

8. Account Transfers

We offering cPanel® account transfers as a complimentary service and cannot guarantee the availability or successful transfer of an account due to factors such as other hosting providers attempts to prevent account transfers.

9. Indemnity

Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our partners and employees, that may arise or result from using our services. Our company, employees, suppliers provide services as-is with no guarantees and disclaim all implied warranties on all services provided.

10. Domain Registration

If you are registering a domain you also agree to the Domains Terms of Service (Sorry we can't make those ones much simpler).


If you would decide to move away from us your domain is yours to take with you as long as it is current on payment. We will not hold your domain hostage as some hosting providers may. This does not include any subdomains off our owned domains.

11. Logo and Branding Usage

We value our branding. We do not permit modified usage of our logos in any form unless written permission is given from our Executive Team. By using our logo you must agree to hold our brand standards to the highest value possible and respect all usage of our name, logos and site. You may not use our logos on any sites that would not comply with our Terms of Service if hosted by us. You are not permitted to imply or advertise any untrue partnership between AMG Network Hosting, LLC and any other party. All logos must follow the guidelines below:

 

- The original aspect ratio must be kept for all logos.

- You may not distort or rotate the logos in anyway.

- You may not add any effects to the logos.

 

12. Disputes

If a dispute arises between you and AMG Network Hosting, LLC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and AMG Network Hosting, LLC agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by contacting us directly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

 

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of West Virginia as they apply to agreements entered into and to be performed entirely within West Virginia, without regard to conflict of law provisions. You agree that any claim or dispute you may have against AMG Network Hosting, LLC must be resolved by a court located in Harrison County, West Virginia, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Harrison County, West Virginia, for the purpose of litigating all such claims or disputes.

 

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

Improperly Filed Claims - All claims you bring against AMG Network Hosting, LLC must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, AMG Network Hosting, LLC may recover attorneys' fees and costs up to $1000, provided that AMG Network Hosting, LLC has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

13. Closing

These Terms of Service are subject to change at any time. It is your responsibility as a client and/or user to keep up to date with these terms by checking back to this page.

 

 


Any abuse of our terms of service should be reported via email to abuse(at)amgnh.com

 

AMG Network Hosting, LLC

PO Box 1121
Bridgeport, WV 26330
(304) 608-3653

 

Last Updated: 06/22/2017

 

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