Terms and Conditions
Subject to the terms of this Agreement Little Creek Solutions agrees to provide the web hosting services described in the Order for the fees stated in the Order.
The initial service term of the Agreement shall begin on the date that Little Creek Solutions generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a “Renewal Term”) unless Little Creek Solutions or Customer provides the other with termination notice within 7 days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”
(a) Recurring Fees
Renewal notices are emailed 5 days before the actual renew date in your account. If you have a credit card on file your card will automatically be charged on your renewal is due. If your billing method is Paypal you will need to manually pay your invoice every month. All payments submitted for services are non-refundable outside of our 30 day refund policy. Service will be made inactive on accounts that are not paid by the 7th day past due. The term "Account" describes all services provided to a customer as defined by the primary ownership email and physical address. Little Creek Solutions reserves the right to revoke this grace period if a pattern of late payment is observed. All orders made with a credit card are expected to work on the monthly renewal date each month. Any accounts made inactive for non-payment are subject to a $10.00 late payment fee. Any accounts terminated due to non payment are subject to a $10.00 restoration fee once all past due invoices have been paid.
(b) Payment Terms
For your convenience Little Creek Solutions offers multiple payment terms. All payments to Little Creek Solutions are non refundable after the first 30 days of service. Within the first 30 days of a Quarterly, Semi-Annual or Yearly paid service you may request that it be converted to a Monthly subscription and the remaining balance will be refunded to your original payment method. If after the first 30 days of service you request the package to be converted to a different billing cycle any additional monies will be applied to your account in the form of credits and will not be refunded. Prior to paying a renewal invoice and before your renewal date you may have your payment terms changed at no additional charge. If you wish to cancel a Quarterly, Semi-Annual or Yearly package prior to its renewal date, your package will be pro-rated to the nearest Monthly billing cycle and any remaining funds will be credited to your account. Any cancellation as the result of a violation of our TOS or AUP will be non refundable.
(c) Credit/Debit card and your Address on File
When an order is placed with a credit/debit card, your card is stored on file and will automatically be charged every month two days before your due date. For security purposes your address on file with us must match the address of your credit/debit card. If this address does not match, our payment gateway will not accept the transaction. If you have a credit card on file and the transaction is declined due to the address this transaction might show up as a pending charge but will not be processed through. If you have a debit card on file and the transaction is declined due to the address your bank will pull the money out of your account but this money will be refunded back to your account by your bank. It is recommended to always store a credit card on file instead of a debit card.
(d) 30 Day Money Back Guarantee
All new Little Creek Solutions Customers are eligible for a 30 day money back guarantee on all hosting packages upon written request, excluding Dedicated Servers and Domain Name Registrations. The definition of a new customer is one who has never purchased services from Little Creek Solutions in the past. Also if a customer purchases a 2nd, 3rd, etc. hosting package and wishes to cancel this particular package they are not eligible for a refund. If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 day money back guarantee. If the TOS/AUP agreed upon when ordering is violated this voids your eligibility for the 30 day money back guarantee. Little Creek Solutions reserves the right to deny the refund if we feel abuse of services has occurred.
(e) Payments Dedicated Servers
We do not offer a 30 day money back guarantee on Dedicated Servers. Renewal notices are emailed seven days before the service due date. If you have a credit card or ACH account on file your it will automatically be charged on the renewal date. If your billing method is Paypal you will need to manually pay your invoice every month by the due date at 12 PM EST. All renewals made with a credit card are expected to work on the day your card is charged. In the event you
fail to pay your invoice by the due date, we reserve the right to suspend your entire account and a late fee of $25 applies. The term “Account” describes all services provided to a customer as defined by the primary ownership email and physical address. If your invoice is still not paid by the 7th day past the due date on the invoice, we reserve the right to terminate your service entirely and reformat
4. Cancellation and Early Termination
Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Little Creek Solutions terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 12 (Termination), or Customer terminates the service other than in accordance with Section 12
(Termination) for Little Creek Solutions breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement. Customer acknowledges that the cancellation notice or downgrade of current package is to be submitted to Little Creek Solutions prior to the following renewal
date or the Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following guidelines: Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In theevent Little Creek Solutions terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 12 (Termination),
or Customer terminates the service other than in accordance with Section 12 (Termination) for Little Creek Solutions breach, theunpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement. Customer acknowledges that the cancellation notice or downgrade of current package is to
be submitted to Little Creek Solutions prior to the following renewal date or the Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following guidelines:
Cancellation request must be submitted to the billing department
Cancellation request must be submitted from the main email address on file with Little Creek Solutions
Cancellation request must contain the main IP address and hostname of the hosting plan you wish to cancel
5. Cancellation and Early Termination (Dedicated Servers)
Customer acknowledges that the cancellation notice is provided prior to the following renewal date in writing to Little Creek Solutions or the Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following guidelines:
Cancellation request must be submitted
to the billing department
Cancellation request must be submitted from the main email address on file with Little Creek Solutions
Cancellation request must contain the main IP address of the server you wish to cancel.
Customer agrees to use the service in compliance with applicable law and Little Creek Solutions’s Acceptable Use Policy (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that Little Creek Solutions may, in its reasonable commercial judgment consistent with industry standards, amend the AUP and TOS from time to time to further detail or describe
reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP and TOS are effective on the earlier of Little Creek Solutions’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Little Creek Solutions’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Little Creek
Solutions and Customer regarding the interpretation of the AUP, Little Creek Solutions’s commercially reasonable interpretation of the AUP shall govern.<br>
7. Customer Information
Customer represents and warrants to Little Creek Solutions that the information he, she or it has provided and will provide to Little Creek Solutions for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Little Creek Solutions that he or she is
at least 18 years of age. Little Creek Solutions may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
Customer agrees to indemnify and hold harmless Little Creek Solutions, Little Creek Solutions’s affiliates, and each of their respective officers,
directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or
alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
9. Disclaimer of Warranties
Little Creek Solutions DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR
COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Little Creek Solutions DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
10. Limitation of Damages.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO
THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Little Creek Solutions AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE. IF ANY LAWSUIT OR ARBITRATION OR OTHER LEGAL PROCEEDING ARISES IN CONNECTION WITH THE INTERPRETATION OR ENFORCEMENT OF THIS AGREEMENT, Little Creek Solutions SHALL BE ENTITLED TO RECEIVE FROM THE OTHER PARTY THE COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES INCURRED IN CONNECTION THEREWITH, IN PREPARATION THEREFOR AND ON APPEAL THEREFROM, WHICH AMOUNTS SHALL BE INCLUDED IN ANY JUDGMENT THEREIN.
(a) Suspension of Service.
Customer agrees that Little Creek Solutions may suspend services to Customer with or without notice and without liability.
Little Creek Solutions reserves the right to terminate the Agreement or deny services at any time with or without notice and without liability. The Agreement may be terminated by the Customer prior to the expiration of the Initial
Term or any Renewal Term without further notice and without liability if Little Creek Solutions fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail.
Termination in this manner does not absolve the customer of any required payments remaining on their initial or renewal term. The Customer may also terminate this agreement as per Section 4 and Section 6 respectively. Either party may terminate this agreement upon five (5) days advance notice if the other party
admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially
all of its obligations.
12. Bandwidth Usage
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. Bandwidth overages are billed at the rate of $20 per TB used. Unused transfer in one month cannot be carried over to thenext month. If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 day money back guarantee and you are responsible to pay for any overage.
Little Creek Solutions is not a domain registrar. We are a reseller for Godaddy so all Little Creek Solutions customers who purchase a domain or transfer a domain to us are bound by the terms and conditions set forth by Godaddy.
14. Requests for Customer Information
Customer agrees that Little Creek Solutions may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Little Creek Solutions believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request
in a civil action that on its face meets the requirements for such a request.
15. Back Up Copy
Little Creek Solutions highly recommends that all customers retain up to date
backup copies of their data off site for disaster recovery purposes. Little Creek Solutions is not responsible in any way for backups or recovering data.
17. Changes to Little Creek Solutions’s Network
Upgrades and other changes in Little Creek Solutions’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Little Creek Solutions reserves the right to change its network in its commercially reasonable
discretion, and Little Creek Solutions shall not be liable for any resulting harm to Customer.
Notices to Little Creek Solutions under the Agreement shall be given via electronic mail to the e-mail address of billing@Little Creek Solutions.com or via our online ticketing system at https://Little Creek Solutions.com/. All notices, including but not limited to support or billing requests, must be submitted from a registered e-mail address on file for the customer account. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. It is the Customers responsibility to ensure valid and accurate contact
information is supplied and updated as necessary. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
19. Force Majeure
Little Creek Solutions shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Little Creek Solutions’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war,
riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.