Terms of Service
Account Closures: To close an account, print and fill out a copy of that form and send it to Electric City Consulting, LLC via US Mail, overnight courier, or facsimile transmission.
- Accounts are not considered closed until we receive a properly executed and authenticated closure form.
- We no longer accept closure requests by telephone, nor by electronic mail that does not include all information contained on our closure form.
- All closure requests need to be authenticated by the account's assigned user name and password; if you have forgotten your user name and/or password, call 864-314-1416 for assistance.
Closure/Cancellation Notice: For hosting, there is no requirement for prior notice; you can request a closure at any time and your account will be closed at that time. For leased servers and co-location service, you need to provide at least thirty (30) calendar day's notice of your desire to discontinue service. For domain subscriptions, there is no process to cancel the subscription and registration.
Refunds: We will provide any refunds due will be provided by check that is mailed to the billing address on file for the account.
Establishing Service: Service is ordered on our Web sites. At the time the service(s) is/are ordered, you select the payment method and service term for the service(s) being established. Leased servers and co-location service require a contract; contract forms and instructions are available from the appropriate Web sites.
Service Term: For all services except domain name subscriptions, you can elect to pay on a monthly, quarterly, semiannual, or annual renewal schedule; each payment starts the service term for the service purchased for the interval you select. For domain name subscriptions, you can elect to pay for one, two, three, four, or five years.
Billing for Service: Hosting, leased-servers, and co-location service is billed automatically at the expiration of the service term.
An electronic invoice is sent to the e-mail address on record for the account twenty-five (25) day before the end of the service term. You may request that a paper invoice be sent by US Mail on or near the same date. A notice of successful payment is sent by e-mail to the e-mail address on record for the account when we successfully bill for the new term.
Billing for Domain Name Subscriptions: We do not automatically renew domain names. We send reminder notices to the e-mail address listed with the domain name at 90 days, 60 day, 30 days, and 1 day before the domain name subscription expires.
Money-Back Guarantee: For some services we offer a money-back guarantee honored within 30 calendar days of starting a service term or renewing a service term; call 864-314-1416 for more information.
Currency: All payments are made in United States Dollars. Payment in other currencies will be rejected.
Payment Methods: Payment for any and all monies due may be made by check, or by PayPal. Cash may be tendered in person at our offices. Wire transfers are accepted only by pre-arrangement and with the receipt fee paid by the sender. Other payment arrangements acceptable to Electric City Consulting, LLC may be arranged, along with an appropriate fee for special processing.
Late Payment: If a payment is made after the due date, you may be charged a delinquency fee. If we have to disable your service (web site, dial-up access, server, or Internet connectivity) you may be charged a reinstatement fee. Sites may be disabled or disconnected when payment is fifteen (15) calendar days overdue, unless you have made acceptable arrangements prior to that date.
For most services the delinquent-payment fee is $2, and the reinstatement fee is $5. For leased servers and co-location, the delinquent-payment fee is $5 and the reinstatement fee is $20.
Pricing:
- Set-up fees (only on Expert hosting plans, leased servers, and co-location service) and monthly recurring charges are described on our Web sites.
- Optional services and their associated set-up and monthly recurring fees are also described on the Web pages offering them.
- For account upgrades, There is no processing charge; you pay only the difference between the old and new plan.
- An account downgrade may be charged a fee up to $15, and there are no refunds of the difference between the old and new plan.
- Custom staff work is available for $65/hour on a time-available basis.
Acceptable Use Policy Violations: AUP violations are charged a clean-up fee of $65/hour, $250 minimum. There is a $35 fraud investigation charge for charge card fraud, and a $25 NSF check processing charge for returned checks. Charges are at Electric City Consulting's discretion, and forgiveness in one instance does not guarantee forgiveness in subsequent instances.
Fee Adjustments: We reserve the right to waive certain fees on a case-by-case basis. A waiver in one instance does not guarantee future waivers.
Communications By E-mail: For most matters, we communicate with you via e-mail. (Note to users of challenge/response mail systems such as ChoiceMail: you need to white-list the domains "electriccityconsulting.com" as we cannot respond individually to the challenges generated by these mail systems.) For urgent matters, such as disconnection due to apparent spam abuse, we will use the telephone number(s) you provide to call before we take action. To avoid unnecessary service interruptions and the fees associated with such interruptions, notify us immediately of any changes in any of your contact information.
Server Performance: We make every effort to keep our servers responding quickly to all requests, but we do not provide any warranty or guarantee for server response time or sustained network traffic rate. This specifically applies to any form of streaming protocol -- especially multimedia protocols -- on our shared-customer Web servers. We also reserve the right to interrupt long processing of Web pages on shared-customer servers, "long" defined as 60-120 seconds.
Limitations of Liability: The liability of Electric City Consulting, LLC to you, the customer, or to any other person for direct, indirect, special, punitive, incidental, or consequential damages of any character that may raise from the use of our services by you or others, is limited to the amount paid by you, the customer, for the current term of service.
Changes and Alterations: We reserve the right to make changes to our Product Offerings, and to these Terms of Service, without notice. From time to time we will remove or modify specific functions on Web sites to deal with server and network integrity. Upon request, we will update your hosting plan to the limits specified on our web site, or to the original limits, whichever is greater.
Security and Passwords:
The customer is responsible for all use of the customer's accounts and confidentiality of passwords, including choosing safe passwords and ensuring file protections are set correctly. Electric City Consulting, LLC, will suspend access or change access to customer's accounts immediately upon notification by customer that customer's password has been lost, stolen or otherwise compromised. Electric City Consulting, LLC is not liable for any usage and or changes to customers hosting account for lost or stolen passwords. For any reason the customer requires passwords again because they either forgot them or lost them. We will require one of the following to be done.
If you are not satisfied with your purchase, or the service or support you are receiving, please call us at (864) 314-1416 so we can resolve the problem. We have a good history of successfully resolving problems with our services and products. Or, you can contact us at support@electriccityconsulting.com with your problems and concerns.
| If you are close to exhausting your bandwidth, additional bandwidth may be purchased at $3 per gigabyte for all but Expert hosting plans. |
Electric City Consulting, LLC & American Internet, Inc. (AII) shall be the sole arbiter as to what constitutes a violation of these provisions. At ECC/AII's sole discretion, ECC/AII may grant exceptions. You agree to indemnify and hold us harmless for any claim, lawsuit, or block-list publication that results from your publications, activities, or use of our services, and you further agree to reimburse all expenses incurred by Electric City Consulting & American Internet because of your violations of our Terms of Service and Acceptable Use Policy. American Electric City Consulting & Internet does not extend any warranty with regard to its service offerings; all products and services are offered on a "best-effort" basis. We are not required to give notice before deactivating your use of our services.
Electric City Consulting & American Internet reserves the right to filter and block all incoming and outgoing e-mail by whatever technical means are available to us, including the use of "spam filters", blocking lists, and router ACL entries, to reduce the amount of UBE (spam) our customers see. Electric City Consulting & American Internet reserves the right to remove any message-related mail file from any site storing mail on our servers.
Electric City Consulting & American Internet reserves the right to filter and block any Internet protocol packets to and from our network, by any means, when in ECC/AII's opinion such packets cause harm to our network, equipment, customers, or other users of the Internet.
The computers operated by American Internet, Inc. are "protected computers" as defined in 18 USC 47 section 1030(e)(2)(B) and therefore subject to the protections provided in the "CAN-SPAM Act of 2003" passed by the United States Congress. All computers and network equipment operated by American Internet, Inc. have access to accounts, services, and equipment by customers and other parties controlled by limited-purpose user interfaces and/or by authentication procedures using name and password/passphrase tokens. Access to all equipment and services is permitted only through these two access means. Access by means other than the limited-purpose user interfaces or authentication procedures is expressly forbidden, and illegal under United States Federal law (18 USC 47 sections 1030 and 1037). |
Send all abuse reports to support@electriccityconsulting.com
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