Call us 626 377 9979
Call us 626 377 9979
These Terms of Service (the “Agreement”) are an agreement between IonBlade.com, LLC ("IonBlade" or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by IonBlade and of the IonBlade.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall IonBlade be held liable for any lost or missing data or files resulting from a transfer to or from IonBlade. You are solely responsible for backing up your data in all circumstances.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "IonBlade Content"), are the proprietary property of IonBlade or IonBlade’s licensors. IonBlade Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any IonBlade Content. Any use of IonBlade Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any IonBlade Content. All rights to use IonBlade Content that are not expressly granted in this Agreement are reserved by IonBlade and IonBlade’s licensors.
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, IonBlade also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. IonBlade does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that IonBlade is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact [email protected].
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify IonBlade of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to IonBlade's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
All invoices must be paid within ten (10) days of the invoice due
date. Any invoice that is outstanding for more than ten (10) days
may result in the suspension or termination of Services. Access to
the account will not be restored until payment has been received.
If you fail to pay the fees as specified herein, IonBlade may
suspend or terminate your account and pursue the collection costs
incurred by IonBlade, including without limitation, any
arbitration and legal fees, and reasonable attorneys' fees.
IonBlade will not activate new orders or activate new packages for
customers who have an outstanding balance on their account.
Dedicated servers are subject to being reclaimed and all content
deleted if you fail to make a timely payment. If you make a late
payment we do not automatically reactivate the dedicated
servers. Contact IonBlade directly after you make a late payment
to reactivate the dedicated server.
It is solely your responsibility to notify IonBlade’s Billing department via a support ticket created after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and IonBlade is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. IonBlade may report any such misuse or fraudulent use, as determined in IonBlade’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
You have ninety (90) days to dispute any charge or payment processed by IonBlade. If you have any questions concerning a charge on your account, our billing department directly for assistance.
There are no refunds on dedicated servers. The thirty (30) day money- back guarantee does not apply to dedicated servers.
IonBlade offers a thirty (30) day money- back guarantee for IonBlade's managed shared, VPS, and reseller hosting services only. Subject to the terms described in Section 13 below, if you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund .
If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the IonBlade Support Team (the “Refund Request”) within ninety (90) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic shared, VPS and reseller hosting fees previously paid by you to IonBlade for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 13. Requests for these refunds must be made in writing to the IonBlade Support Team. Refunds will only be issued for basic shared, VPS and reseller hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at IonBlade’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
You may terminate or cancel the Services by giving IonBlade
written notice via the
cancellation
form provided. In such event: (i) you shall be obligated to pay
all fees and charges accrued prior to the effectiveness of such cancellation
and (ii) IonBlade may, in our sole discretion, refund all pre-paid
fees for basic hosting services for the full months remaining after
the effectiveness of such cancellation (i.e. no partial month fees
shall be refunded) less any setup fees, applicable taxes and any discount
applied for prepayment, provided that you are not in breach of this
Agreement.
Once we receive your cancellation form and have confirmed all necessary
information with you via email, we will inform you in writing (typically
email) that your account has been canceled. Your cancellation confirmation
will contain a ticket/tracking number in the subject line for your
reference and for verification purposes. You should immediately receive
an automatic email with a tracking number stating that "Your request
has been received...." IonBlade will confirm your request and process
your cancellation shortly thereafter. If you do not hear back from
us, or do not receive the automatic confirmation email within a few
minutes after submitting your cancellation form, please contact us
immediately via phone. We require all cancellations to be done through
the online form in order to (a) confirm your identity, (b) confirm
in writing that you are prepared for all of your files and emails to
be removed, and (c) document the request. This process aims to reduce
the likelihood of mistakes, fraudulent/malicious requests, and to ensure
that you are aware that your files, emails, and account may be removed
immediately and permanently after a cancellation request is processed.
Cancellations for shared and reseller accounts will be effective on
the account’s renewal date.
Cancellations for dedicated and VPS accounts will be effective immediately.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify IonBlade’s Billing department via a support ticket to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and IonBlade is not responsible for any change in exchange rates between the time of payment and the time of refund.
IonBlade may terminate your access to the Services, in whole or in
part, without notice in the event that: (i) you fail to pay any
fees due; (ii) you violate this Agreement; (iii) your conduct may
harm IonBlade or others or cause IonBlade or others to incur
liability, as determined by IonBlade in our sole discretion; or
(iv) as otherwise specified in this Agreement. In such event,
IonBlade shall not refund to you any fees paid in advance of such
termination, and you shall be obligated to pay all fees and
charges accrued prior to the effectiveness of such termination.
Additionally, IonBlade may charge you for all fees due for the
Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT,
USER WEBSITES, AND OTHER DATA WILL BE DELETED.
Abandoned clients server will remain active until cancelled or the
account fails to renew. Account cancellation or clients who fail to
renew their hosting account, we will keep a back-up of your service
for 30 days after the cancellation or due date of the renewal. If you
need access to the back there is a re-installation fee of $125.00 plus
the cost of hosting to recreate the instance.
All use of hosting space provided by IonBlade is subject to the terms of this Agreement and the Acceptable Use Policy.
Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.
If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of IonBlade and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit IonBlade support to create a support ticket to our Billing department with justification. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
IonBlade reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. IonBlade reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. IonBlade will not be liable for any loss of data resulting from such deletion.
IonBlade reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by IonBlade through the user billing tool or through other methods of communication, including notices sent or posted by IonBlade.
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
IN NO EVENT WILL IONBLADE ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF IONBLADE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IONBLADE'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO IONBLADE FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless IonBlade, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by IonBlade and will be held at the AAA location chosen by IonBlade in Texas. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, IonBlade will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and IonBlade alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against IonBlade in violation of this paragraph, you agree to pay IonBlade’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.
IonBlade and User are independent contractors and nothing contained in this Agreement places IonBlade and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Texas. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
IonBlade shall not be responsible for any damages your business may suffer. IonBlade makes no warranties of any kind, expressed or implied for the Services. IonBlade disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by IonBlade or our employees.
Your use of the Services is at your sole risk. IonBlade’s backup
service runs once a week and overwrites any of our previous backups.
Only one week of backups are kept at a time. This service is provided
only to shared and reseller accounts as a courtesy and may be modified
or terminated at any time at IonBlade’s sole discretion. IonBlade does
not maintain backups of dedicated accounts. IonBlade is not
responsible for files and/or data residing on your account. You agree
to take full responsibility for all files and data transferred and to
maintain all appropriate backup of files and data stored on IonBlade’s
servers.
Any shared account using more than 20 gigs of disk space will be removed
from our off site weekly backup with the exception of databases continuing
to be backed up. All data will continue to be mirrored to a secondary drive
to help protect against data loss in the event of a drive failure.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, IONBLADE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. IONBLADE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. IONBLADE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
IonBlade may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The headings herein are for convenience only and are not part of this Agreement.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by you or IonBlade to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of IonBlade. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. IonBlade may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.