Earthling Interactive Hosting Terms & Policies

Terms & Policies for Hosting Through Earthling Interactive’s Hosting Partners

Earthling Interactive, Co. (“Earthling”) Hosting Services are governed by these Terms of Service. Software development and other consulting services provided by Earthling may be governed by separate agreements. The “Client,” as listed in the Hosting Services invoice system “Contact Information” block, acknowledges by payment and continued use of Earthling’s Partner Hosting Services their acceptance of this agreement.

THIRD-PARTY SERVICES. The services provided to you under this Agreement include certain services developed, provided or maintained by third-party service providers of Earthling (“Third Party Providers”). Access to or use of any of those services (“Third Party Services”) by Client is subject to any separate agreement that Earthling may enter into (or may have entered into) relating to those Third Party Services (each, a “Third Party Service Agreement”). The terms of any Third Party Service Agreement will apply to the applicable Third Party Services provided under that Third Party Service Agreement in addition to the terms of this Agreement.

CLIENT OBLIGATIONS. Client agrees that they will abide by Earthling’s service providers’ acceptable use policies and that Client may not use, or permit any other person to use, the hosting services in connection with aircraft or other modes of human mass transportation, nuclear or chemical facilities, or medical life support devices. Client acknowledges that they are solely responsible for taking steps to secure their login credentials and may not share login credentials except as required to establish and authorize users in their account. Client represents and warrants that they are not on the United States Department of Treasury’s Office of Foreign Asset Controls list of Specially Designated National and Blocked Persons and are not otherwise a person to whom Earthling is legally prohibited to provide the Hosting Services. Client is responsible for maintaining a current and up-to-date credit card in the online payment system for covering recurring hosting plan fees.

TERM. The term for hosting service begins on the date Hosting Services are first provided. Upon expiration of the current term, the service will automatically renew for successive terms of the same duration, unless either Client or Earthling cancels or changes the term of the hosting service.

PLANS. Hosting services provided will consist of the services listed in the plan description at the time of sign-up. Earthling will provide 30 days notice to Client of substantial changes to services offerings within a plan or changes to the Fees. However, Earthling reserves the right to make minor changes to the services provided under a plan without notice.

FEES. Earthling will charge the Client hosting related fees in accordance with their current web hosting plan. Hosting related fees, unless otherwise noted will be automatically charged to the Client’s credit card on the renewal date. Earthling may, at its own discretion, suspend the Services until payment is received. Earthling will make reasonable efforts to contact the Client prior to discontinuation of service due to non-payment. The client will be responsible for all back charges in the event of non-payment due to an expired credit card.

USAGE-BASED FEES. Hosting service fees may be charged based on rate of use of the service, as specified in the hosting service plan. If applicable, the rate of usage will be measured by the hosting service and Earthling will automatically charge the Client’s credit card on the renewal date based on measured rate. Client agrees to use the monitoring service provided by Earthling or Third Party Providers as part of the hosting service for the purpose of calculating the Usage-based Fees.

SERVICE LEVEL AGREEMENT. Hosting service plans may include a service level agreement (SLA) provided by the Third Party Hosting Vendor. If applicable, the SLA will specify a level of uptime that the Third Party Provider will guarantee for the hosting services defined in the plan, any penalty for non-compliance, and any limitations to the guarantee. The SLA is governed by the Third Party Vendor and not Earthling Interactive. Should the SLA trigger a reimbursement due to uptime not being met it is the responsibility of the Third Party to furnish that reimbursement to Client based on the specific SLA, and not the responsibility of Earthling Interactive.

SUPPLEMENTAL SERVICES. Supplemental (i.e., Support) Services to support our Client and their website, application, or e-commerce system will be provided by Earthling at additional cost on a time and materials basis at current hourly rates as defined by a signed Work Order. Supplemental Services include any security updates to e-commerce or CMS sites that cannot be applied automatically.

CONTENT. Client will be responsible for all data, information, and other content (“Content”) provided by Client in connection with the Hosting Services provided under this Terms of Service. Client warrants that it has the right to use the trademarks and copyrights applicable to all Content being made available through the client’s account.

TERMINATION. Clients will be charged for hosting through the end of the current hosting period. If the plan specifies an annual hosting period and the Third-Party Hosting Vendor terms allow, a refund will be pro-rated on a whole month basis. If there are any unpaid fees for Hosting Services, Client is obligated to pay for those unpaid services up to and through the last day of the hosting period in which cancellation occurred. Client is aware and accepts that Termination will end their Hosting Services immediately and thus render the websites and data that were being hosted inaccessible from the Internet.

SUSPENSION. Earthling may, at its own discretion, suspend the Hosting Services without liability if: (a) we reasonably believe that the Services are being used (or have been or will be used) in violation of the Agreement; (b) we reasonably believe that the Services have been accessed or manipulated by a third party without Client’s consent; (c) we reasonably believe that suspension of the Services is necessary to protect the network or our other customers; (d) a payment for the Services is overdue, or (e) suspension is required by law. If the suspension was due to a breach of Client’s obligations under the Agreement, then Earthling will not remit a refund for fees already paid. Earthling will work with Client to restore Hosting Services if corrective action has been taken. Corrective action will be at the expense of the Client. Earthling may terminate Hosting Services if Client does not take corrective action within 15 days of being notified of suspension.

DISCLAIMER. Earthling cannot guarantee that the Hosting Services will be uninterrupted, error-free, or completely secure when it comes to events that are beyond their control. Client acknowledges that there are risks inherent in Internet connectivity that could result in the loss of privacy, customer data, and confidential information. Security related to the web and database server and its components are the responsibility of the Third Party.  Earthling’s standard procedure for clients using WordPress CMS is to have them opt-in to the automatic security updates by the Third Party. Earthling is responsible for installing security updates to eCommerce platform or CMS platform only if explicitly part of our statement of services with our Client. Earthling disclaims any and all warranties not expressly stated in the Hosting Services, applicable Third Party Service Level Agreements, or Terms of Service, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Services are provided AS IS.