TERMS OF SERVICE
Last Revision: 25-Aug-2019
Mosaic Terms of Service
This Web Hosting Agreement (“Agreement”) is between Mosaic Data Services, Inc. (“Mosaic”), and the person (individual or legal person) whose accepts Mosaic’s Terms of Service and set up form (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of Mosaic’s Web hosting service.
Table of Contents
- Account Setup
- Account Transfers
- Acceptable Use Policy
- Payment / Suspension
- Termination & Cancellation
- Money Back Guarantee / Refunds (Domains and Licenses)
- Bandwidth Usage
- Back Up & Data Loss
- Reseller Client Responsibility
- Shared (Non-Reseller Accounts)
- Network Up-time Commitment
- Right To Refusal Without Cause
- Disclosure To Law Enforcement
- Copyright Policy
- Changes to the Terms of Service
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an acceptable use or abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is the sole responsibility of the Customer to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If Customer fails to meet these requirements, the order may be considered fraudulent in nature and be denied.
Mosaic will make every effort to help Customer move their site to Mosaic, however, Mosaic cannot make guarantees of the transfer process. Mosaic provides this as a courtesy service and cannot make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. Mosaic will try its best, however, in some cases Mosaic may be unable to assist Customer in a transfer of data from an old host or may be required to bill Customer for this service.
Acceptable Use Policy
Mosaic Data Services takes a zero-tolerance approach to SPAM originating from our Customers, or from our Customers’ customers, or for SPAM advertising web sites of our Customers or our Customers’ customers. Mosaic reserves the right to decide as to what constitutes abuse and Acceptable Use is left entirely up to the discretion of the Mosaic staff. For more information, please visit our complete Acceptable Use Policy page.
Payment / Late Fees / Suspension
You agree to supply the appropriate payment for the services received from Mosaic, in advance of the time period during which such services are provided. You agree that until and unless you notify Mosaic in writing of your desire to cancel any or all services received, those services will be billed on a recurring basis and owed by you in full.
As a client of Mosaic, it is your responsibility to ensure that your payment and contact information is accurate and that all invoices are paid on time. You will receive your invoice by email 10 days prior to its due date. Payment is due on or before the due date to avoid late fees. Any invoice that is not paid before the due date will result in a late fee of 5% (minimum of $10). Any account that is overdue for 10 days or more will have all services suspended. Any account that is overdue for 30 days will be automatically terminated. No services will be reactivated until payment in full (including a reactivation fee) has been received. Any account balance more than 30 days past due will be reported to the Credit Bureau and turned over for Collection.
Invoices that are inadvertently paid more than once or in excess of the amount due may have the excess amount added as credit toward their account however it will not be refunded. If you require assistance with these provisions in any way, please contact our Billing Team.
Mosaic reserves the right to change the monthly payment amount and any other charges at anytime and will notify the customer(s) of these changes via email or in writing.
Termination & Cancellation
Either party may terminate this TOS upon written notice to the other if one party materially breaches any terms of this TOS and the breaching party fails to correct the breach within ten (10) days following the other party’s written notice, or immediately, if the breach is incapable of cure.
- Termination by Mosaic Data Services
Mosaic may terminate this TOS if (i) you fail to pay any sums due (including Fees) to Mosaic as they are due; (ii) in Mosaic’s reasonable opinion, you do not have sufficient technical expertise to use the Services without excessive ongoing technical support; (iii) Mosaic determines in good faith that continued provision of the Service has become impractical or unfeasible for technical, legal, regulatory or any other material reason; or (iv) you violate this TOS or any agreement incorporated by reference.
We may terminate a particular Order, or aspect of the Services, if a Third Party ceases to make components of the Service available to us, or if providing them to you becomes cost prohibitive.
- Termination by Customer
Customer may terminate the Services at any time through the Customer Support Portal (Cancellation Request). We will send you an email confirmation to acknowledge your completion of the Cancellation Request (Cancellation Confirmation). If you do not complete all steps of the Cancellation Request, or if you fail to use a Cancellation Request to terminate the Services, the Services will not be terminated, and Fees will still be charged. You must follow this procedure in order to terminate each Service. Once you complete a Cancellation Request, we will process it and issue a refund.
You acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any applicable rules or policies, including, but not limited to: (i) the UDRP; (ii) any ICANN adopted policy; (iii) any registrar (including Mosaic) or registry administrator procedures; or (iv) any other ccTLD registry administrator procedures.
It is important to understand that certain Services are bundled together. As a result, termination of the Services that provide hosting (Hosting Account) may result in immediate termination of multiple aspects of the Services. We may keep data from terminated accounts for a reasonable period after termination and provide you with access to that data upon request and availability. IP addresses, space and backup (including data on Backup Services) are recycled. It is your obligation to ensure that you arrange to transfer anything you need from the Services prior to termination. We have no obligation to forward data, e-mail or any other digital assets following termination.
Money Back Guarantee / Refunds (Domains and Licenses)
If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign up, the Customer will, upon request, be entitled to a full refund of any fees paid for the service being cancelled. Requests for these refunds should be made through our Billing Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees, setup fees, or any fees for additional services that are purchased in the first thirty (30) days.
Money back guarantee is only applicable to those products and services that are specified with this offer. Any other products or services with no specification of money-back guarantee are not entitled to a refund. Under the money-back guarantee, only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our money-back guarantee from being abused. Mosaic reserves the right to determine the definition of first-time account. Violations of the Terms of Service will waive the refund policy.
Domain Names – Domains that you order from Mosaic Data Services are non-refundable at any stage, refunds that are given are only provided if the there is a fault with registration or the order does not process successfully between our Registrar account and our billing services. Refunds will not be given if the domain has been successfully registered on our Registrar account.
Licenses – Refunds are only issued for software failure. Refunds are not issued for server failure/issues, lack of features or if your server does not meet the Software Requirements. Installation charges are not refundable under any circumstances. Refunds are not available after 1 month from the purchase date. — Mosaic cannot refund payments based around Licenses that you order and then do not use or cancel within the first month of your services, this carries onto following months.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month will not be carried over to the next month.
Back Up & Data Loss
Customer agrees to maintain a current copy of all content hosted by Mosaic in addition to and notwithstanding any agreement by Mosaic to provide backup services.
Reseller Client Responsibility
Resellers are responsible for supporting their clients. Mosaic does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the Reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their Reseller account and the actions of their clients’. Mosaic will hold any Reseller responsible for any of their clients’ actions that violate the law or the terms of service.
Shared (Non-Reseller) Accounts
Shared accounts may not resell web hosting to other people. If you wish to resell hosting you must establish and use a reseller account.
Network Up-time Commitment
Mosaic strives to maintain a 100% network and server up-time service level. This up-time percentage is a monthly figure, and is calculated solely by Mosaic monitoring systems or Mosaic authorized/contracted outside monitoring services. If Mosaic fails to meet its 100% up-time guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Mosaic does not credit a full month’s service for minor downtime. This would not be financially healthy for Mosaic, and in turn would only negatively affect the service level Mosaic provides to you. “Partial refunds for partial downtime” is our standard policy. In extreme circumstances, Mosaic may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one month’s service only, never more.
Exceptions: Customer shall not receive any credits under these Terms of Service in connection with any failure or deficiency of the Mosaic network caused by or associated with:
- Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God” (i.e. fire, flood, earthquake, tornado, etc.), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement.
- Telco Failure (i.e. Verizon™ cutting a fiber line somewhere).
- Backbone peering point issues (i.e. UUNet™ having a router go down in Virginia that wipes out internet service for the entire East Coast).
- Scheduled maintenance for hardware/software upgrades.
- Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Mosaic utilizes only name brand hardware of the highest quality and performance.
- Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime).
- DNS issues not within the direct control of Mosaic.
- Network floods, hacks, attacks from outside parties or individuals.
- Failure or error of any Mosaic monitoring or measurement system.
- Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Mosaic service(s) in breach of Mosaic Policy and Service Guidelines (AUP), by Client or others authorized by Client.
Right To Refusal Without Cause
Mosaic may refuse to accept any customer or any website for participation in the Mosaic network as determined by Mosaic at its sole discretion.
Customer agrees that it shall defend, indemnify, save and hold Mosaic harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Mosaic, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Mosaic against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Mosaic; (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 Mosaic’s server.
By using any Mosaic services, you agree to binding arbitration. If any disputes or claims arise against Mosaic or its subsidiaries, such disputes will be handled by an arbitrator of Mosaic’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.
Disclosure To Law Enforcement
Mosaic may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Mosaic will not be responsible for any damages your business may suffer. Mosaic makes no warranties of any kind, expressed or implied for services we provide. Mosaic disclaims any warranty or merchant-ability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Mosaic and its employees.
All content on this website is Copyright © Mosaic Data Services, Inc. and may not be reproduced without express written consent. All logos, trademarks and/or service marks are the property of Mosaic Data Services, Inc.
Changes To The Terms of Service
Mosaic reserves the right to revise its Terms of Service at any time without notice.
If you have any questions regarding our Terms of Service, please contact us and we respond as quickly as possible.