Terms of Service

Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and Acceptable Use Policy (AUP).

The following terms constitute an agreement between you and Mighty Web Co. These Terms of Service govern your use of the services provided by Mighty Web Co. (the “Services”).

BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP, and that you consent to resolve in Pennsylvania, any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services “AS IS” and without warranties.

These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service have been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.

Mighty Web Co. Responsibilities

Mighty Web Co. agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. Mighty Web Co. reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of Mighty Web Co. Our Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of Mighty Web Co. A change in policy shall not be grounds for early contract termination or non-payment. The client recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on availability of hardware, overall market conditions, or other factors. Clients may not be notified of any increases in rates.

Non-payment/Service Interruption

Services interrupted for non-payment may be subject to a 25% late fee. Data stored on a client’s services will not be available to the client until re-connection is established or alternative arrangements are made to the sole satisfaction of Mighty Web Co. Clients deactivated for non-payment or charge-back are subject to their data being terminated seven (7) days from the suspension/charge-back date. Mighty Web Co. is not responsible for data integrity, regardless of circumstance. Mighty Web Co. strongly recommends keeping up-to-date and off-network backups to protect against data loss.

Refunds/Chargeback

If you wish to cancel your service, you might request a refund within 30 days, starting from the date your account was activated. This refund policy applies only to Web Hosting plans. WordPress Hosting plans and Reseller Hosting plans. Our VPS servers, Dedicated servers, 3rd party licenses, and any add-ons are non-refundable.

  1. Refunds are not available for domain name registration, renewal, or transfer. If you request a refund within 30 days, we will deduct the domain fees from your refund.
  2. No refunds will be made if we terminate your hosting or other services due to any violation of our TOS.
  3. Purchased credits on your account cannot be refunded and must be used for purchases and renewals at Mighty Web Co.
  4. Deductions will be made for dedicated IPv4 addresses, software licenses, migrations, or domain ID protection.
  5. Setup fees are non-refundable.

Performing a chargeback or a dispute on any transactions past or present will result in account suspension until resolved. If such is issued, we reserve the right to suspend, and/or remove your account and deny any future business.

Suspensions

In the event a service is suspended for non-payment, it will be subject to termination seven (7) days from the time of suspension. Mighty Web Co. assumes no liability for the integrity of the data stored on a suspended server. To avoid suspension or possibly termination, you are responsible for having a valid payment method on your account.

Cancellations

The clients can request cancellation of their services anytime. There are two (2) options for cancellation:

  1. At the end of the billing cycle – Your service will be still active until the due date for a new payment. Our billing system automatically will cancel your services on this date.
  2. Immediately – Your service will be canceled that same day and terminated. If you choose this option, we don’t have access to any backups in order to restore your account.

If you wish to stop using our services, make sure that you have requested your active service to be canceled before the due date. When a service is automatically renewed, we will not cancel your service and issue a full refund for the same renewed service.

Note: All client data will be destroyed immediately after the cancellation.

Free website migrations

Free website migrations apply only to new customers who will request Free website migration within 30 days from the day the account has been opened. We are transferring websites from most of the hosting providers to Mighty Web Co. servers and we do transfer most of the website platforms, eg. WordPress. Free website migration includes only one (1) website from your previous provider. Any additional website migration request will be priced at $100/ per website. If you have any questions about website migration, contact our support. Email, database, or any other files are NOT included in the FREE website migration process.

Daily and Weekly backups

We provide backups for all shared and reseller hosting accounts. Our daily backup runs every night at midnight EST and our weekly backup runs every Sunday at midnight EST. These backups are overwriting any old backups on our external servers. You do have the option to restore any of these backups from your cPanel (control panel). Managed and unmanaged VPS servers DO NOT include free backups unless are included with the package. Mighty Web Co. DOES NOT TAKE ANY RESPONSIBILITIES IF ANY OF THESE (DAILY AND/OR WEEKLY) BACKUPS FAILS AND YOUR FILES ARE NOT SAVED THAT SAME DAY, OR NOT RESTORED PER YOUR REQUEST. IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT YOU HAVE THE MOST RECENT BACKUPS SAVED ON YOUR OWN LOCAL STORAGE.

Mighty Web Co. as a licensed reseller

Mighty Web Co. may act as a 3rd party license reseller for the services we offer. Usually, these licenses are offered with our Cloud VPS and Dedicated servers. These licenses could be CloudLinux OS, Imunify products, LiteSpeed, and cPanel licenses. Most of the time these licenses are active on a monthly basis and they must be renewed every month in order to stay active on your server. You shall make no attempt to copy, reverse engineer, or use it other than in connection with the Services. You shall not resell, transfer, export, or re-export any 3rd party licenses or products, or any technical data derived therefrom, in violation of any applicable law, rules, or regulations.

Fraud

In the event, that fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of Mighty Web Co. All information available to Mighty Web Co. about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States or abroad.

Disclaimers of Liability; Indemnification

WE PROVIDE THE SERVICES AS IS, WITH ALL FAULTS, AND AS AVAILABLE. WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A MIGHTY WEB CO. REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES, AND OUR SUPPLIERS’ AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Payments and account activation

Payments are captured immediately when the order is completed. If the payment transaction fails, you will receive an email and your account will not be active until you provide a valid payment. We will not manually activate accounts until payment is captured. All accounts (with the exclusion of some VPS servers and/or Dedicated servers) are activated immediately when payment is captured.

Publicity

Mighty Web Co. keeps all client information private and will not publicly disclose that they are providing services to the client unless permission is received on a case-by-case basis. Mighty Web Co. reserves the right to use client quotes for promotional uses. Mighty Web Co. uses the client’s information only for promotional marketing material sent to the client if the client agrees to it.

All communications from Mighty Web Co. and the client are strictly confidential and for the intended use of the addressee only. Any disclosure, use, or copying of the information by anyone other than the intended recipient is prohibited and you agree to be held liable for damages if you violate this agreement, forward the information, post it, or allow it to be posted online in public or private forums or venues.

Electronic Notifications

Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications, or other records regarding the Services (collectively, .Notices.). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. When you sign up for a new account with Mighty Web Co., use a valid email address to receive our notifications. If you don’t receive a notification from us, in your inbox, make sure that you have checked the spam/junk folder on your email account and add Mighty Web Co. email as a contact, so you will keep receiving emails in your inbox. We are not responsible if you miss a very important email sent by us, due to the inactive email account you have provided. We highly recommend using @gmail.com, @yahoo.com, @aol.com as a primary email for your account, or any other similar email provider. Using email with a business domain name e.g.: @yourbusiness.com sometimes fails since these types of emails are hosted with private hosting providers.