Terms of Service

AOTECH agrees to furnish services to the "Subscriber," subject to the following TOS (Terms of Service).

Use of AOTECH Services constitutes acceptance and agreement to both AOTECH’s TOS (Terms of Service) and AOTECH’s AUP (Acceptable Use Policy). The TOS and AUP may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the TOS and / or the AUP by AOTECH shall not be grounds for early contract termination or non-payment by the Subscriber.

1. Term
Ongoing until 7 days written notice is given by either of the parties.

2. Service Cancellation
A. Service may be cancelled at any time by contacting us at https://www.aotechsolutions.com

B. AOTECH offers refund on the monthly hosting fees to the customer upon cancellation made prior to the first 30 days of the first payment for the Service, unless otherwise specified on the individual service page. This refund does not include any setup fees or domain name registrations.

C. AOTECH issues no refunds for cancellation of monthly subscriptions.

D. All 3 months, 6 months and annual plans can be cancelled at any time. Should the subscription be cancelled before the subscription due date, the Subscriber will be provided with a refund. The refund amount will be calculated based on monthly subscription term.

3. Fees
A. AOTECH does not extend credit to Subscribers. All services must be paid for in advance of service delivery. Subscribers will automatically be charged an amount equal to their next monthly service fees when they exceed their monthly transfer allotments, bandwidth commitments, or other pre-paid services and the charges will be reconciled at the end of the month.

B. Monthly fees and charges for extra-metered services are automatically billed to your account. Subscriber is responsible for monitoring transfer, bandwidth and space utilization, and other metered services.

C. In order to prevent service interruption in the event that metered utilization exceeds pre-paid service level Subscribers must keep a valid credit card on file with AOTECH Hosting. Credit card information can be updated via your control panel.

D. Customers paying by bank transfer or check must have all dues submitted prior to account due dates. Annual Payment is required in order to pay by check. There is a $50.00 minimum transaction amount on all bank transfer transactions. Returned checks will result in suspension of service and will incur a $50.00 returned check charge, in addition to any service reestablishment fees applicable in order to reconnect suspended service.

E. All invoices are due upon receipt and will be considered overdue 10 days past the date received. A late fee of 1% per month will be charged on any overdue invoices.

F. All fees described above must be paid in addition to the cost of services ordered to establish or maintain a customer account. AOTECH does not issue refunds or credits except as explicitly specified within this Terms of Service.

G. If the Subscriber has not fulfilled its dues to AOTECH, the Service will be terminated after 30 days of the initial suspension date.


4. Adherence to Acceptable Use Policy (AUP)
A. Subscriber agrees not to allow AOTECH equipment and services to be used for activities specifically prohibited by the AOTECH Acceptable Use Policy (AUP). It is the Subscriber's responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Subscriber's responsibility to regularly check for updates.

B. Subscribers must not allow AOTECH resources to be used for SPAM or Unsolicited Commercial Email (UCE), hosting of content advertised by UCE, perpetration of security breaches or hacking, network attacks, illegal activities, child pornography, fraudulent activity, Trademark or Copyright infringement, virus distribution, and like activities.

C. Subscriber agrees to compensate AOTECH for any expenses AOTECH may incur resulting from Subscriber's violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution. The cost of any investigations will be charged to the Customer at AU$120 per hour during normal business hours. Emergency investigations are charged double-time at AU$240 / hour with a one hour minimum.

D. Subscriber is responsible for any activity conducted on their account, including unauthorized activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. AOTECH will endeavor to assist Subscriber but AOTECH is not responsible for protecting Subscribers from hackers and their actions and use of Subscriber's account.

E. AOTECH does not monitor Subscriber content and activities but reserves the right to disable service or remove content pending investigation of possible AUP violations without first giving notice.

F. AOTECH does not issue refunds for terminating service due to suspected AUP violations.


5. Ownership of Data, Software, Hardware and IP addresses:
All software, hardware and IP addresses provided by AOTECH Hosting are leased to the Subscriber and remain the property of AOTECH Hosting and/or its suppliers. AOTECH reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion.

Subscriber will provide and transmit to the system software, data and content to be uploaded to the servers and accessed by the general public via the Internet. Upon termination of this agreement, Subscriber agrees to remove all uploaded software, data and content prior to the termination date of the contract. AOTECH will not be responsible for providing access or copies of the software, data or content stored on the system after the final termination date.


6. Service Levels
A. AOTECH may interrupt service to perform maintenance. AOTECH will use its best efforts to inform Subscriber before interrupting service to insure that access loss is minimized. In the event of software or equipment malfunction or failure, AOTECH will provide its best efforts to repair the system as quickly as possible.

B. In the event that AOTECH suspects that server security has been breached, AOTECH reserves the right to disable the server and/or the account in order to facilitate investigation and recovery in coordination with Subscriber.

C. Subscriber agrees that AOTECH shall not be responsible for any service interruptions.

For more information on AOTECH’s Service Level Agreement, please see www.aotechsolutions.com/sla.html.


7. Limitation of Liability, Indemnification
A. Upon the discovery of facts, which reasonably indicate that AOTECH has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Subscriber shall promptly notify AOTECH Hosting of such facts and follow up any such verbal notification with a written notice within 30 days of such discovery. The failure to give the foregoing notices shall constitute an irrevocable waiver of all claims and causes of action. Subscriber must commence any legal action against AOTECH Hosting with respect to this Agreement within 12 months after the incident-giving rise to the claim or cause of action, regardless of when the incident is discovered. If proper notification is given to AOTECH as requested by Subscriber anytime during the twelve (12) month period following such notification, AOTECH shall at its sole discretion and option (i) revise or repeat free of charge the service affected by the failure of performance, negligence or breach, or, (ii) terminate this Agreement and pay Subscriber for all incidents, problems, and/or failures up to a maximum of all sums paid to AOTECH for service fees. Payment will be made via company check from AOTECH. The remedies set forth in this paragraph are Subscriber's sole and exclusive remedies should AOTECH breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty.

B. The parties acknowledge and agree that AOTECH shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Subscriber, Subscriber's Subscriber or customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.

C. AOTECH is not responsible for data or content maintained and distributed by AOTECH facilities. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. AOTECH DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. AOTECH HOSTING DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.


8. Miscellaneous
A. The agreement contains the sole and entire agreement of the parties with respect to the services to be provided by AOTECH, and any and all prior or contemporaneous communications, negotiations, commitments, and understandings related thereto are hereby merged herein.

B. AOTECH reserves the right to amend or otherwise change this agreement by publishing the updated service agreement on the AOTECH Web site at http://www.aotechsolutions.com/legal.html. Subscriber may reject the revised agreement and cancel service with 30 days written notice if the amended terms are not acceptable to the Subscriber.

C. All written communications shall be directed to the Subscriber using the contact information provided to AOTECH at the time of order unless otherwise instructed in writing by Subscriber. All fees due AOTECH Hosting should be mailed to 3316 S. Cobb Drive, Suite # 220, Smyrna, GA 30080

Subscriber has reviewed the current Acceptable Use Policy and this Terms of Service, and Subscriber and AOTECH hereby agree by making use of the AOTECH service.