Terms of Service
TERMS OF SERVICE
EFFECTIVE 01 JANUARY 2017
These terms and conditions are a legally binding agreement between NorthTech Computer, (“NorthTech”, "NorthTech.US", "NCG", “Our”, “Us”) and any party utilizing our services (“Client”, “You”). By using any services offered by NorthTech, including paid, free, and trial services, you agree to be bound by this agreement.
1.) Additional Agreements
a. By utilizing our services, you agree to be bound by the following documents as well:
ii. Acceptable Use Policy - can be found at http://NorthTech.US/aup
2.) Correct Information
a. You are required by the provisions of this document to provide correct information including, but not limited to, full legal name, company name (when applicable), billing address, phone number, and email address.
b. In the event any information is changed, such as address, phone number, or email, you are required to notify NorthTech within 14 days, either by changing the information in the client portal, or by emailing our Sales department with the changes.
3.) Fraud Verification
a. Prior to provisioning any services, NorthTech will perform a fraud verification against the information provided. This verification is typically automatic, however can take up to 24 hours to complete. Any fraudulent signups will be rejected, a refund will be provided within 48 hours, and your account will be closed.
4.) Account Transfer
a. In the event the Client needs to change ownership of the account, notice will need to be sent to NorthTech with the following information:
i. Original owner’s first name, last name, and address
ii. New owner’s first name, last name, and address
iii. The last 4 digits of the credit card on file, or the PayPal email address used for your most recent payment.
b. If the new account owner is a client of NorthTech, the client’s billing accounts will be merged, however any associated hosting accounts will remain separate.
5.) Account Security
a. Although NorthTech takes any and all steps necessary to be as proactive as possible in order to prevent any foreseeable security issue, account security is the sole responsibility of the Client.
b. The Client is required to have a secure password on all accounts at all times. NorthTech reserves the right to suspend any billing, cPanel, server, or email accounts which have weak passwords. Audits will be performed occasionally to match password hashes to commonly used weak passwords.
c. It is the Client’s responsibility to keep all web applications up to date and clear of any malicious scripts used to perform brute-force attacks, send out spam, or otherwise perform malicious functions. If any scripts are found to be sending out spam, with no other legitimate purpose, they will be removed from your account, and you will be notified of the filename. You will be given a 48 hour grace period to update the scripts running on your server. If after the 48 hour grace period the exploit is still usable, your account will be suspended until such a time that you are able to update your scripts.
a. You agree to provide appropriate payment to NorthTech for the services rendered in advance of the period of time during which said services are provided, less any credits approved by NorthTech.
b. You agree that until and unless you notify NorthTech of your desire to cancel any or all of your services (see 7b), those services will be billed on a recurring basis.
c. You agree to provide a payment on time. NorthTech will automatically generate an invoice seven(7) days prior to your service’s next due date. You will have until the due date to apply a payment. Six(6) days after the invoice due date a fifteen percent (15%) late fee will be applied to the invoice. Ten(10) days after the due date the services associated to the invoice will be suspended until such a time that the invoice is paid in full.
a. NorthTech reserves the right to cancel any account at any time, with or without notice.
b. Cancellations can be requested via the Client Area. From within the Client Area, click Services, click “Manage Product” under the service you wish to cancel, and click “Request Cancellation”. This will bring you to a form where you must provide the following information:
i. Cancellation Reason: this is required. An invalid cancellation reason could lead to your request being denied.
ii. Cancellation Type: you can select Immediate or End of Billing Period. Any immediate cancellations will be done within the next 24 hours. Any “End of Billing Period” cancellations will be completed on the date listed as the “Next Due Date” for that service in the client area.
c. NorthTech will not approve cancellation requests for any clients who have outstanding invoices, even if said invoices are for other services. Your account must be paid in full prior to cancellation.
8.) Backups and Data Loss
a. On managed services where backups are explicitly offered, a backup will be taken every night between the hours of 23:00 and 06:00 PST, and stored for seven(7) days. These backups are provided as a convenience.
b. NorthTech is not responsible for any data lost from any hosting account. Client agrees to take full responsibility for all data, including taking appropriate backups to prevent loss from occurring in the event of a system failure, accidental deletion, or natural disaster.
9.) HIPAA Compliancy
a. Unless otherwise stated, our services are not HIPAA compliant. No private medical data should be stored on any NorthTech shared hosting, reseller hosting, virtual server, or dedicated server, unless approved by a certified HIPAA auditor.
10.) Refunds and Money Back Guarantee
a. NorthTech provides a money back guarantee if you are not completely satisfied with our services. Our services include the following money back guarantees:
i. Shared Web Hosting, Reseller Hosting, and Email Hosting: 30 days from date of signup
ii. VPS Servers: 48 hours from date of signup
iii. Domain Names, SSL Certificates, Software Licenses, Dedicated, Co-Located, and/or Specialty Servers: No refund will be offered.
b. NorthTech will remove the cost of any administrative fees, such as software licenses, IP address costs, SSL certificates, free domain names, etc from the refund amount.
c. Money Back Guarantee is based on the initial date of signup, and not any renewal date.
d. Return clients are not eligible for a refund.
e. Violations of any section of these terms, or other associated agreements, will void the refund eligibility.
11.) Account Balance
a. Occasionally, a credit balance will be collected due to overpayment, accidental PayPal subscriptions, SLA refunds, etc. These balances cannot be redeemed for cash, refunded to a credit card, debit card, PayPal account, or transferred to another user.
b. In the event the Client’s account is closed, the Client agrees to forfeit the associated account balance.
c. The credit balance is calculated after any payment processing fees.
12.) Shared Hosting Accounts
a. Client agrees to use a shared hosting account for their own purposes. Reselling shared hosting accounts will not be permitted without a Reseller account.
13.) Account Transfers
a. All shared hosting accounts may come with an included free transfer of website data and content from another hosting company. The client agrees to provide all the necessary login information to access the existing hosting account to the extent required to migrate the website.
b. Client understands that there will be a $65 fee to perform a migration from any platform other than cPanel.
c. If the Client has a reseller account, or managed cPanel server, NorthTech will provide migrations from the existing hosting service as follows:
i. If accounts are coming from an existing cPanel reseller account, the first five (5) accounts will be migrated for free. Any additional accounts will be charged at a rate of $10 per account.
ii. If accounts are coming from a cPanel server where root access is available, there will be no limit to the number of accounts to be migrated.
iii. If accounts are coming from a platform other than cPanel, there will be a charge of $65 per account.
iv. If the client is migrating from a NorthTech Reseller account to a managed cPanel server, all accounts associated with the Client’s reseller account will be migrated free of charge.
14.) Shell Access
a. NorthTech will only provide shell access to virtual and dedicated servers. Shell access will not be provided for shared or reseller accounts under any circumstances.
15.) Price Change
a. NorthTech reserves the right to change the sale price of any service at any time, for any new signups.
b. NorthTech will not change the price of any existing service. The monthly price paid by any client will not be increased by NorthTech, unless an account change is requested, and the new price is approved by the Client.
c. NorthTech reserves the right to change the amount of resources, change\revoke any addons, or modify account properties at any time with or without notice.
a. The Client agrees that it shall defend, indemnify, save and hold NorthTech harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against NorthTech, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless NorthTech against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with NorthTechp; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from NorthTech's servers and network infrastructure.
a. By using any services rendered by NorthTech, you agree to binding arbitration. If any disputes or claims arise against NorthTech or its subsidiaries, such disputes will be handled by an arbitrator of NorthTech's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
18.) Disclaimers and Warranties
a. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER NorthTech NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. WE PROVIDE THE SERVICES “AS IS”.
b. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
c. WHEN PERMITTED BY LAW, NorthTech, AND ANY ASSOCIATED CONTRACTORS, EMPLOYEES, OFFICERS, SUBSIDIARIES, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
d. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NorthTech, AND ANY ASSOCIATED CONTRACTORS, EMPLOYEES, OFFICERS, SUBSIDIARIES, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
e. IN ALL CASES, NorthTech, AND ANY ASSOCIATED CONTRACTORS, EMPLOYEES, OFFICERS, SUBSIDIARIES, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
19.) Disclosure to Law Enforcement
a. NorthTech may disclose any subscriber information to any Law Enforcement agencies without further consent or notification to the subscriber upon lawful requests from such agencies. NorthTech will cooperate fully with all Law Enforcement agencies of all jurisdictions.
20.) Changes To Terms