Updated: 2/2/2024
Your use of Marathon Hosting services is subject to the agreement of this Terms of Service. This agreement covers your use, your rights, our rights, and other important information related to the service.
Acceptance
By choosing to continue using Marathon Hosting you are agreeing to be bound to the agreements found in this Terms of Service throughout your hosting experience and through the use of any other services provided by Marathon Hosting.
Provision of Services
Marathon Hosting agrees to supply you with services for your website as agreed upon through the package chosen. These services may include: Website Hosting, E-Mail Hosting, Domain Registration, Web Design, and other related services. Marathon Hosting reserves the right to change what may be included in a package at any time with or without notice. Changes to the packages, as listed on the website, constitute agreement to these changes, except in cases of price changes, which will be sent as notice. This notice constitutes the agreement to pricing changes.
Agreement Term
The initial term of this agreement shall commence on the date this agreement is executed, through your initial payment. Terms renew automatically on a monthly or yearly basis depending on the chosen package.
Termination Without Cause
The client may terminate this contract at any time by requesting cancellation of services through the Marathon Hosting support portal. These cancellations must be received through the cancelation form located on each service within the client portal. This cancellation request does not guarantee a refund from Marathon Hosting. Marathon Hosting is not required to refund any payments already made for services requested. Cancellation will be completed at the end of the agreement originally paid for.
Marathon Hosting may terminate this agreement at any time, for any reason, by providing written or email notice to the client. Marathon Hosting will provide a backup of the website and reserves the right to provide a refund. Marathon Hosting will provide a 7 day notice in the case of a termination without cause.
Termination With Cause
Marathon Hosting may terminate a client for reasons in violation of the TOS or AUP. Marathon Hosting is not required to provide any advance notice for these terminations. Marathon Hosting will not provide backups in these termination instances. Marathon Hosting reserves the right to determine if a refund is warranted at the time of termination.
Payments
Fees: Marathon Hosting will provide an invoice at the time of service purchase, and again at each renewal period automatically until a cancellation request is received through the customer support portal. The client is responsible for payments of these invoices to retain services from Marathon Hosting. All fees are non-refundable.
Late Fees: Marathon Hosting will add late fees on any invoice over 7 days old. This fee will be 15% of the invoice total. This late fee will be required to be paid to continue services with Marathon Hosting.
Pricing Changes: Marathon Hosting reserves the right to change the pricing on its packages at any time. Current customers will be provided a 30 day notice before pricing changes that will impact their packages. Notice of the change constitutes agreement to the change.
Fraud: It is a violation of this agreement to use a fraudulent credit card or payment type. Doing so will result in immediate termination of your agreement with Marathon Hosting and a ban from future services.
Tax: Marathon Hosting will add the tax applicable to the service you have purchased to the invoice. Marathon Hosting is not responsible for taxes and the client must make sure that all taxes associated with their services are paid.
Disputes: Marathon Hosting allows 90 days for any disputes on charges to be filed. If a charge-back is received, a $50 fee will be added to the account for processing the chargeback and the account will be immediately suspended pending the dispute resolution. Dispute resolution can take up to 60 days. Marathon Hosting reserves the right to terminate the hosting on a failed dispute and ban the user from future use of Marathon Hosting Services.
Suspension & Termination on Non-Payment: Marathon Hosting will suspend all non-payment accounts on the 15th day overdue, and will terminate the account on the 30th day overdue. No backups will be taken or guaranteed upon termination of an account.
HIPAA / PCI Disclaimer
It is important to acknowledge that Marathon Hosting’s services do not comply with the Health Insurance Portability and Accountability Act (HIPAA) or Payment Card Industry Data Security Standard (PCI DSS). We explicitly disclaim any claims of such compliance.
Marathon Hosting Content
All elements of Marathon Hosting’s website designs, images, and related content belong to Marathon Hosting and are protected by copyright. Unauthorized use of these materials is strictly prohibited, with the exception of subscriber content, as detailed in the next section.
Subscriber Content
You have the freedom to publish content on your website hosted by Marathon Hosting. However, the website storage provided should not be utilized as a general-purpose cloud storage solution. All content stored must be directly related to the website or be essential for its functionality. You are fully responsible for the content you publish, and Marathon Hosting reserves the right to monitor your website for compliance with our Terms of Service (TOS). Marathon Hosting may take immediate corrective action, including removal, suspension, or termination, at our discretion, without assuming any liability for such actions.
By using Marathon Hosting’s services, you agree to grant a non-exclusive, royalty-free license for the publishing of your content on Marathon Hosting-owned websites. Additionally, you permit the taking of backups as deemed necessary by Marathon Hosting.
Users of Marathon Hosting’s services must adhere to all applicable laws, rules, and regulations, including local regulations in their place of residence, concerning the use of our services and the content hosted on their websites.
Marathon Hosting is not responsible to repair or restore any website impacted by edits that were not completed by the Marathon Hosting team. Marathon Hosting may, at its choosing, take backups and offer a best effort restoration in the event of a website impacted by edits done outside of the Marathon Hosting editing services. Outages caused by these edits do not constitute an SLA guarantee.
Website Security / Website Monitoring
While Marathon Hosting offers security management and uptime monitoring as part of its service packages, this does not guarantee absolute website security or uptime. Our security measures constitute a best-effort attempt, and websites hosted on our services may still be susceptible to compromise, outage, or data loss. By using our services, you release Marathon Hosting from any liabilities, costs associated with downtime, costs associated with stolen content or malware, or other legal ramifications resulting from a compromise or outage.
Data Storage / Backups
In the event of a data loss, Marathon Hosting does not guarantee the availability of backups, even if backups are provided in the users package. Marathon Hosting expects users to take backups of their site on regular intervals and store these backups in a location for restoration if required. Marathon Hosting will make best effort to have backups available for the previous 7 days for all hosting plans, but this agreement does not constitute a guarantee. Depending on the plan, additional backups may be available.
Upon subscriber termination all data will be removed from the Marathon Hosting servers and backups will no longer be available.
Technical Support Services / Editing Services
Depending on the package, your plan may include support or editing services. These services will be provided at the best effort of our staff. Technical Support & Editing services generally include issues with the website functionality or general changes to the website content. These services may not include design changes, plugin issues, or problems caused by changes made by the client. All technical support services and editing is at the discretion of the Marathon Hosting Staff. We do not guarantee a timeline for response, except in cases where we may have an SLA for initial response. Our team may, from time to time, simply be unable to meet the requirements of your request or may be required to charge a premium fee for the request.
Acceptable Usage Policy
Network Security: Clients are prohibited from attempting to violate the security of the web hosting network provided my Marathon Hosting, this can include, but is not limited to:
Patents, Copyrights, and other IP Related Use: The client agrees to only use items that may be protected by IP rights in cases where an explicit permission is provided and can be furnished upon request of Marathon Hosting. Marathon Hosting, may from time to time, receive a Digital Millennium Copyright Act (DMCA) notice regarding a website on our hosting. Marathon Hosting is not liable for any impact or fees related to this notice and may, at its choosing, exercise its right to terminate a client.
Excessive Resource usage: Marathon Hosting does not create hard limits on storage, CPU or memory usage and monitors each server individually. In the event a single website is abusing the availability of that server Marathon Hosting reserves the right to require a hosting package upgrade. This may be between shared and dedicated hosting, or may be additional storage, cpu, or memory purchase, and may be to larger dedicated hosting, depending on the situation.
Unwelcome Uses: The following uses are examples of what is not allowed on the Marathon Hosting network. This list is not all inclusive. Other illegal uses or inappropriate uses will also be removed entirely at Marathon Hosting’s discretion.
Liability, Warranty, Limitation of Damages
Client expressly agrees that using the Marathon Hosting network is at the clients own risk. Marathon Hosting, and its partners, do not expressly imply or guarantee the services will not be impacted or have a perfect uptime. This includes security outages or network outages. Marathon Hosting will not be held liable for any cases where services are unavailable or the client is unable to use the services.
Marathon Hosting makes no warranties or representations of any kind, express or implied, for the services it provides. Host also takes no responsibility or provides any warranties for any impact to the clients websites and any loss of sales or profit caused by anything within the Marathon Hosting Network or by a change made by the client to their website.
Indemnification
Client agrees to defend, indemnify, and hold Marathon Hosting harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees, asserted against Host, its agents, servants, officers, and employees, that may arise or result from any Service provided or performed or agreed to be performed or any product sold by Client, Client’s agents, employees, or assigns. Client further agrees to defend, indemnify, and hold harmless Host against liabilities arising out of:
Client agrees that the liability limit of Marathon Host shall in no event be greater than the aggregate dollar amount which Client paid during the terms of this Agreement, including any reasonable attorneys’ fees and court costs.
Attorney Fees
If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement.
Severability
In case any one or more of the provisions of this Agreement be held for any reason to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the invalid provision(s) had never been contained in this Agreement, provided that those provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
Waiver
No waiver by Marathon Hosting of any breach by Client of any provision of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No waiver shall be effective unless it is in writing, and then only to the extent expressly set forth in such writing.
Force Majeure
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.
Entire Agreement
This Agreement shall constitute the entire agreement between Client and Marathon Hosting, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
Governing Law
This Agreement has been entered into in the State of Texas, and its validity, construction, interpretation and legal effect shall be governed by the laws of that state applicable to contracts entered into and performed entirely within that state.
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