AcuNett, LLC (“The Company”) agrees to provide services to the Customer, subject to the following TOS (Terms of Service) & AUP (Acceptable Usage Policy).
AcuNett, LLC reserves the right to change this TOS & AUP at any time, without notice to the Customer. "Service" refers to any service provided by The Company to the Customer.
Data / Hack / Uptime Guarantees: AcuNett, LLC strives to protect the data integrity of our clients' systems. In the event that irretrievable data loss, root-level compromise, or un-planned downtime occurs to a client's managed server, AcuNett will refund any service charges in the month of the incident, in addition to additional compensation as deemed appropriate by the Company. In order to qualify for this protection, the Customer must agree to follow all guidelines set forth by the Company and maintain due care in its handling of Customer's own server. AcuNett, LLC reserves the right to remain the sole arbiter in case of disputes.
Customer agrees to defend, indemnify and hold harmless the Company against liabilities for any damage caused by, or in connection with any content or services available through us.
Payments and Fees: Establishment of this service is dependent upon receipt by AcuNett, LLC of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges. Service will be interrupted on accounts immediately that do not provide payment on the due date. Early notification is suggested to prevent such interruption in service.
Cancellations/Refunds: Fees are non-refundable under any circumstance, unless deemed appropriate by the Company. Monthly service charges will not be refunded if the refund is requested after the due date. The customer may choose to cancel at anytime. To cancel your account, send a ticket to the Billing Department.
Confidentiality: AcuNett, LLC will not use or disclose to others customer’s “Confidential Information”, except when necessary to perform the services under this Agreement. AcuNett, LLC reserves the right to provide this information to its employees, representatives, and contractors. "Confidential information" includes customer's server login information and any information in which the customer has explicitly stated as confidential. Customer agrees to indemnify the Company on account of the unlikely compromise of the Customer's vital information.
Warranties of Customer. Customer hereby covenants, represents and warrants that: Customer will not, and will not permit others to, use any Service(s) (i) for any unlawful or illegal purpose or in connection with or in furtherance of any unlawful or illegal activity, (ii) in violation of any applicable law or regulation, (iii) in a manner that will, or is likely to, infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the right of privacy, publicity or other personal rights of others, or (iv) in connection with any conduct or activity that is, in the sole opinion of AcuNett, LLC, defamatory, indecent, obscene, offensive, threatening, abusive, hateful, tortuous or violates the rights of any other person or entity; Customer will not, and will not permit others to, do any act which may interfere with or compromise the security or functionality of any Service(s), including without limitation attempting to probe or test the vulnerability of any system or network connected to or accessible by the Service(s);No equipment owned, leased, maintained by or controlled by Customer or by any third party which is connected to or utilized the Service(s) with the consent of Customer will (i) interfere with or impair any Service(s) or any plant, services or facilities of any Indemnitees or of any third party, (ii) unlawfully interfere with or impair the transmission of privacy of any data or communications transmitted over the Service(s) or over any plant, services or facilities of any Indemnitees or of any third party, or (iii) create, cause or contribute to the creation or causing of a hazard to any Indemnitees or to any third party;
Limitation of Liability : YOU UNDERSTAND AND AGREE THAT AcuNett, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AcuNett, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) ANY DIRECT OR INDIRECT RESULT OF ACUNETT SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY DAMAGES TO CUSTOMERS SERVERS CAUSED BY ACUNETT OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
AcuNett, LLC is not responsible for any damages to Customer’s business. Customer agrees not to hold AcuNett, LLC liable for any loss of data or damages to Customer or Customer’s business caused by the Company’s own negligence or a direct or indirect action by AcuNett, LLC. In the event that such an incident occurs, customer acknowledges that AcuNett LLC’s maximum liability shall not exceed an amount equivalent to the charges paid by the Customer for services during the ninety (90) day period prior to the date damages occurred. AcuNett, LLC specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall the Company be liable for any loss, los of profit, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential, direct, or other damages, even if out of negligence. Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against the Company, 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 customer, it’s agents, employees or assigns.
The Customer acknowledges and agrees that the cost of service charged by AcuNett, LLC does not take into consideration possible incidental, consequential, indirect, special, or accidental damages arising out of the use of the service provided by AcuNett. The Customer acknowledges that the limitations set forth in this TERMS OF SERVICE are integral to the cost of service charged by AcuNett, LLC in connection with the usage of services provided by AcuNett, LLC and that were AcuNett, LLC to assume any further liability other than as set forth herein, such costs of service would, out of necessity, be set substantially higher.
THE CUSTOMER AGREES TO USE AcuNett, LLC’s services AT YOUR OWN RISK. AcuNett, LLC WILL NOT BE HELD LIABLE FOR ANY DAMAGES TO THE CUSTOMER, THE CUSTOMER’S SERVER(S), or THE CUSTOMER’S BUSINESS IN ANY CIRCUMSTANCE.
This means if AcuNett, LLC logs in to the Customer’s server, and damages the Customer’s server, websites, or business in any way, AcuNett’s maximum liability is the amount equivalent to the actual price paid to the Company during the ninety (90) days prior to the date the damages occurred.
If you do not accept or understand any part of our TERMS OF SERVICE, do not sign up with our service.
By signing up with our service in any form, or utilizing our services in any form, you agree to accept, comply, and understand in full our TERMS OF SERVICE.
2000 Mallory Lane
Franklin, TN 37067
Office Phone: 1 (615) 866-2642