Acera Hosting - Company
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IMPORTANT NOTICE: *All payments made to Acera Technologies are Non-Refundable*

Acera Technologies (also referred to as 'the Company', 'Acera', and 'Acera Tech' in the proceeding text) agrees to furnish services to the Subscriber, subject to the following legal agreements. Use of Acera Technologies Service constitutes acceptance and agreement to Acera Technologies's AUP as well as Acera Technologies's TOS policy (Terms of Service).

Appropriate Useage Policy

1. Illegal use

Acera services may not be used for illegal purposes, or in support of illegal activities. Acera reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

2. Threats

Use of the service provided by Acera to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

3. Harassment

Use of the services of Acera to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

4. Forgery or impersonation

Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

5. Fraudulent activity

Use of Acera service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes" and "chain letters.

6. Unauthorized access

Use of the Acera service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Acera or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Acera account is subject to immediate termination.

7. Copyright or trademark infringement

The use of services provided by Acera, LLC to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

8. Collection of personal data

Use of the Acera service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

9. Network disruptions and unfriendly activity

Use of the Acera service for any activity which affects the ability of other people or systems to use Acera Services or the Internet. This includes "Denial of Service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Acera will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

10. Fraud

Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

11. Copywrite

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

12. Distribution of Viruses

Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

13. Inappropriate Use of Software

Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Acera services could result in suspension service.

14. Third Party Accountability

Acera, LLC subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Appropriate Use Policy.

15. Pornographic Material

Adult content is allowed, contingent upon compliance with all U.S. regulations, as well as the regulations of the location of the customer's residency. What sexual content is acceptable on our servers will remain at the sole discretion of Acera, and no other parties.

16. Abuse/Spam/Bulk Email Policy

Acera, LLC reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertised web sites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place. Habitual security compromises that result in abusive traffic being transmitted or received from the server may result in service termination. If a client wishes to dispute any abuse reports, or any fine assessed in connection with abuse reports or blacklistings, the client must provide ReliableSite with an explanation via ReliableSite's ticketing system within 10 days of the abuse ticket being opened.


Effective as of: November 3rd, 2014



--- IMPORTANT NOTICE: *All payments made to Acera Technologies are Non-Refundable*

Acera Technologies (also referred to as 'the Company', 'Acera', and 'Acera Tech' in the proceeding text) agrees to furnish services to the Subscriber, subject to the following legal agreements. Use of Acera Technologies Service constitutes acceptance and agreement to Acera Technologies's AUP as well as Acera Technologies's TOS policy (Terms of Service).

Privacy Policy

Information

When you sign up for our Service, we will ask you to provide contact information such as your name, address, telephone numbers, e-mail addresses, and payment information such as credit card number and expiration date.

If you contact us for customer support, we may also ask you for information about your operating system, software and other technical matters.

When you visit our Web site we will capture your IP Address, time of and duration of visit, and time and duration of the pages on our Web site that you view. We may tie this information to the personally identifiable information we have about you.

We will also place a cookie that will identify you to us as a repeat visitor or a customer when you visit our Web site. See "What is a Cookie" below. We may tie this cookie to the personally identifiable information we have about you.

We believe that you should know what information we collect from you, as well as how that information is used, disclosed, and protected. We have created this policy statement (the "Policy") to explain our privacy practices and policies.

Acera Technologies will revise and update this Policy as it is deemed appropriate, including, for example, if our practices change or if changes in the law so require. You should refer back to this page for the latest information. Any updates to this document may be pushed out over social media and via. email.

Non-Disclosure

Acera Technologies believes in not only containing privacy over our users, Acera believes in also containing privacy over the global world wide web as a whole. We will not sell or disclose your personal information to unaffiliated third parties without your consent except as otherwise provided in this Policy or our Terms of Service and Appropriate Use Policy. Please take note that any official Acera representatives sign a legal agreement extending your protection. If you feel an Acera representative is in violation of this document or any document on the legal page, please contact Administration immediately.

Security

We store your personally identifiable information and payment information in a database which has numerous protection policies in place to ensure its security. We encrypt some sensitive data such as passwords and/or but not limited to credit card numbers.

What is a Cookie?

A "cookie" is an alphanumeric identifier that is unique to your browser. The cookie will identify your browser to us when you visit our web site so that we may customise your visit.


Effective as of: November 3rd, 2014



--- IMPORTANT NOTICE: *All payments made to Acera Technologies are Non-Refundable*

Acera Technologies (also referred to as 'the Company', 'Acera', and 'Acera Tech' in the proceeding text) agrees to furnish services to the Subscriber, subject to the following legal agreements. Use of Acera Technologies Service constitutes acceptance and agreement to Acera Technologies's AUP as well as Acera Technologies's TOS policy (Terms of Service).

Terms of Service

1. Services

Subject to the terms of this Agreement, Acera agrees to provide the web hosting services described in the Order for the fees stated in the Order.

2. Term

The initial service term of the Agreement shall begin on the date that Acera 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 unless Acera or Customer provides the other with written notice of non-renewal through the customer center which is located at http://acera.co/clients. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."

3. Payments

(a) Fees.

Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly, quarter, semi-annually, or annually as indicated on the Order, beginning on the Service Commencement Date. Eleven2 may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes Acera to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Acera will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 7th day following invoice date, but in no event earlier than the first day of each billing cycle. Payments must be made in United States dollars. Customer is responsible for providing Acera with changes to billing information, such as credit card expiration, change in billing address. Acera may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay Acera's reasonable reinstatement fee following a suspension of service for non-payment.

(c) Taxes.

At Acera's request Customer shall remit to Acera all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on Acera); regardless of whether Acera fails to collect the tax at the time the related services are provided.

(d) Refunds.

Refunds are only valid on the initial term for Shared and Reseller web hosting packages within seven (7) days of ordering the service.

(f) 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 Acera terminates the Agreement for Customer's breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Acera's 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.

(g) Chargebacks

All disputes and overcharges must be reported directly to the Company, in writing, within thirty (30) days. Any Customer that initiates a chargeback, reversal, retrieval request, or other dispute with their credit card issuing bank and/or PayPal ("Dispute") will be immediately suspended or terminated pending investigation. The Customer agrees to pay a "Research Fee" of $25.00 USD per Dispute regardless of the actual validity of the charge.

4. Law/AUP

Customer agrees to use the service in compliance with applicable law and Acera's Acceptable Use Policy posted at http://www.acera.co/legal/aup/ (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that Acera may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of Acera'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 Acera's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Acera and Customer regarding the interpretation of the AUP, Acera's commercially reasonable interpretation of the AUP shall govern.

5. Customer Information

Customer represents and warrants to Acera that the information he, she or it has provided and will provide to Acera for purposes of establishing and maintaining the service is accurate. Acera 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.

6. Indemnification

Customer agrees to indemnify and hold harmless Acera, Acera'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.

7. Disclaimer of Warranties

Acera DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Acera 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.

8. 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 Acera 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 THREE MONTHS OF SERVICE.

9. Suspension/Termination

(a) Suspension of Service.

Customer agrees that Acera may suspend services to Customer without notice and without liability if: (i) Acera reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Acera reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Acera's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

(b) Termination.

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Acera 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. The Agreement may be terminated by Acera prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Acera describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) 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.

10. Requests for Customer Information

Customer agrees that Acera 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 Acera 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.

11. Back Up Copy

Customer agrees to maintain a current copy of all content hosted by Acera notwithstanding any agreement by Acera to provide back up services.

12. Changes to Acera's Network

Upgrades and other changes in Acera'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. Acera reserves the right to change its network in its commercially reasonable discretion, and Acera shall not be liable for any resulting harm to Customer.

13. Notices

Notices to Acera under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://www.acera.com/company/contact. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. 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.

14. Force Majeure

Acera shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Acera'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.

15. Governing Law/Disputes

The Agreement shall be governed by the laws of the State of Wisconsin, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN WALWORTH COUNTY, WISCONSIN, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.

16. Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on Acera unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Acera's prior written consent. Acera's approval for assignment is contingent on the assignee meeting Acera's credit approval criteria. Acera may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.

17. Refuse Service

Acera.co reserves the right to refuse service to any active or in-active customers for any reason it deems necessary.


Effective as of: November 3rd, 2014



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