TotalChoice Hosting: Dedicated Server Hosting Terms of Service

Welcome to TotalChoice Hosting LLC
This Terms & Conditions Agreement ("Agreement") outlines the terms of service specifically for our Dedicated Server Hosting Services. By using our services, you acknowledge that you have read and agree to comply with all the provisions in this document and any associated policies referenced herein. TotalChoice Hosting LLC ("TCH") reserves the right to revise or amend this Agreement, its supplements, or any related policies as necessary. Any such modifications will become effective immediately upon publication on our website ("TCH website"). Your continued use of our services following the posting of these changes indicates your acceptance and adherence to the updated terms. We encourage you to regularly review this Agreement to ensure your understanding of your obligations. All notices concerning this Agreement and all its subsections shall be sent and delivered using the My TotalChoice Hosting support portal (“MYTCH”) unless otherwise stated.

  1. Term and Payment for Dedicated Server Hosting Services

1.1 Term
Dedicated Server Hosting services and this agreement are sold and effective on a month-to-month basis. Upon the conclusion of each monthly term, services will automatically renew for subsequent monthly terms unless you provide TCH with written notice of termination at least thirty (30) days before the end of the current term. The cancellation notice must be submitted via the MYTCH support portal.

1.2 Cancellation Policy
Due to software licensing agreements, all Dedicated Server Hosting Service cancellations require a thirty (30) day written notice. You must provide TCH a written cancellation notice thirty (30) days in advance. All cancellation requests or notices must be submitted to TCH in writing, as described in Section 1.1.

1.3 Default and Cure
In the event of a default by either party in the performance of its material duties or obligations under this Agreement, including failure to make any payments due, and such default is not rectified within five (5) days after written notice is given, the non-defaulting party may terminate this Agreement upon 30 days written notice to the defaulting party. Certain defaults by you may result in immediate service suspension and or termination, and those are outlined throughout this agreement. The written notice must be submitted via MYTCH.

1.4 Charges
You agree to pay all charges associated with using the Services at TCH's current prices. These charges do not include applicable taxes. You are responsible for paying all federal, state, and local taxes related to the Services, except for taxes based on TCH's net income.

1.4.1 Price Increases
TCH reserves the right to change the prices of its services. Your continued use of the Services after the effective date of the price increase constitutes your acceptance of the new prices.

1.5 Payment
All charges for Services must be paid in advance at the current prices. Upon entering this Agreement, you must choose to pay by credit/debit card or PayPal. By selecting a payment method, you authorize TCH to charge your account accordingly. You are responsible for updating TCH with any changes to your payment method or billing address. TCH may issue periodic invoices for any additional charges. You agree to pay the invoiced amounts by the specified due date. Failure to pay fees and taxes by the due date will incur late charges. If fees remain unpaid five (5) days after the due date, TCH may suspend services, terminate this Agreement, and/or delete your content from TCH servers. MYTCH will generate all billing-related notices and invoices.

1.6 Chargebacks, Reversals, and Retrievals
If you have any billing issues, please contact TCH promptly via MYTCH to resolve them. In case of a chargeback or payment dispute, your services may be suspended or terminated without notice, and you will incur a $100.00 chargeback fee. Outstanding balances from chargebacks must be fully settled before any services are restored.

1.7 Billing Disputes
All payments made to TCH are non-refundable. To dispute any charges on an invoice, you must submit your dispute in writing via MYTCH within 60 days of the invoice date. Billing disputes are limited to the two most recent invoice periods

1.8 MYTCH Portal
MYTCH is TCH's customer portal. It handles all aspects of billing, support, and account management for our Dedicated Server Hosting Services. By using the services, you agree to utilize MYTCH for all related activities, including but not limited to viewing and paying invoices, submitting support tickets, and managing your account information. All notices, communications, and updates will be conducted through MYTCH unless otherwise stated.

It is very important to keep the account holder's telephone number and email address up to date in MYTCH. We strongly encourage you not to use an email address with the top-level domain (TLD) of the hosted domain, as you may not receive important notifications, such as suspension or termination notices if the service is interrupted.

1.9 Domain Services
TCH offers domain registration services. The Domain Registration Terms of Service govern these services. By purchasing or using domain registration services through TCH, you agree to comply with these terms. It is important to read and understand these terms before using the domain registration services. Sales and support for all domain services are not handled through MYTCH. For assistance with domain services, please contact:

Domain Related Support & Sales
24/7 Technical Support & Sales
(480) 624-2500

  1. Use of Services for Dedicated Server Hosting Accounts

2.1 Acceptable Use Policy
TCH's Acceptable Use Policy ("AUP") governs the general policies and procedures for using TCH Dedicated Server Hosting Services. The AUP is available on the TCH website and may be updated periodically. By using the Services, you agree to abide by the terms of the AUP and any modifications. TCH reserves the right to terminate your account for violating the AUP or this Agreement. In certain cases, but not all, users will be notified via MYTCH if services are suspended or terminated. TCH also has a Subpoena and Data Preservation Policy and Privacy Policy, which are available on the TCH website. By using the Services, you acknowledge that you have read these policies.

2.2 Material and Product Requirements
Unless otherwise agreed in a separate agreement, you must ensure that all material and data placed on TCH's equipment is "server-ready," requiring no additional manipulation by TCH. TCH will not validate this information for content, correctness, or usability. If your material is not "server-ready," TCH may reject it without prior notification. Use of the Services requires a certain level of knowledge of Internet languages, protocols, and software. It is your responsibility to possess the necessary knowledge to create and maintain a website. TCH is not obligated to provide this knowledge or customer support beyond the agreed Services

2.3 Bandwidth and Storage
Certain dedicated server plans offer unlimited bandwidth. For other plans, you agree not to exceed the bandwidth limits set out in the plan purchased. Any usage above the agreed bandwidth limits may incur additional charges. Although dedicated servers have fixed storage allotments, users cannot exceed their allocated storage. Data stored in your user account on a TCH Server is your responsibility, and TCH is not liable for data preservation or backup. TCH shall not be liable for data corruption, or loss of data, whether in transit, remote backup, or local storage. Data preservation is ultimately the Dedicated Server Client’s responsibility.

2.5 Responsibilities of Dedicated Server Clients Regarding User Compliance
Dedicated Server Clients must ensure that all clients, customers, or users under their Dedicated Server account ("Dedicated Server Users") adhere to the terms and conditions outlined in this Agreement. This includes compliance with acceptable use policies, content restrictions, and other provisions. By assuming responsibility for their Dedicated Server Users, Dedicated Server Clients help maintain the integrity and lawful operation of our services.

2.6 Support for Dedicated Server Users
Dedicated Server Clients are responsible for providing comprehensive support to their Dedicated Server Users, including customer service, billing assistance, and technical support. TCH only supports the Dedicated Server Client and does not support or assist Dedicated Server Users. If a Dedicated Server User contacts TCH, they will be directed to the Dedicated Server Client. For security reasons, all support requests must be initiated by the Dedicated Server Client on behalf of their users.

2.7 Content Responsibility and Accountability
Dedicated Server Clients are fully responsible for all content stored or transmitted through their Dedicated Server account and the actions of their Dedicated Server Users. TotalChoice Hosting reserves the right to hold any Dedicated Server Client accountable for any violations of the law or breaches of this Agreement by their users. By assuming this responsibility, Dedicated Server Clients help ensure the lawful and compliant operation of our services.

  1. Enforcement for Dedicated Server Hosting Accounts

3.1 Investigation of Violations
TCH will investigate any reported or suspected breaches of this Agreement, its policies, or complaints. Necessary actions are taken to safeguard our systems, facilities, customers, and third parties. 

3.2 Actions
TCH retains the right to restrict or remove any content from our servers that violates this Agreement, related policies, or guidelines, is objectionable, potentially infringes on third-party rights, or violates laws. Corrective actions may include issuing warnings, suspending or terminating services, restricting content usage, or disabling hypertext links. Actionable notices will be issued from MYTCH. TCH may terminate repeat infringers but is not obligated to continuously monitor content distribution. Corrective actions do not obligate TCH to refund fees paid in advance.

3.3 Disclosure and Data Preservation
In compliance with relevant laws and legal requests, TCH may access and disclose necessary information, including user profile details, IP addresses, traffic data, usage history, and content on our servers. TCH handles all legal requests for information following our Subpoena & Data Preservation Request Policy. Users will be notified via MYTCH if such disclosures are made unless prohibited by law. We reserve the right to report suspected unlawful activity to law enforcement, regulators, or relevant third parties, balancing user privacy with our obligation to maintain legal compliance and infrastructure security.

  1. Intellectual Property Rights for Dedicated Server Hosting Accounts

4.1 Your License Grant
You grant TCH a non-exclusive, worldwide, royalty-free license during the Initial Term and any Renewal Term to use your content as necessary for rendering and operating the Services under this Agreement. This includes caching materials distributed via the Services, including third-party content, without infringing upon your or any third party's intellectual property rights.

4.2 Materials and Intellectual Property
All materials, including software, data, or information provided by TCH or its suppliers pursuant to this Agreement, as well as any know-how, methodologies, equipment, or processes used to provide the Services, are the sole property of TCH or its suppliers. Unauthorized copying, reverse engineering, or creating derivative works based on such software is prohibited except as permitted in this Agreement. Violations of patent, copyright, or trade secret rights due to failure to abide by this Agreement may result in legal responsibility.

4.3 Trademarks
You authorize TCH to use your trademarks in a restricted capacity to fulfill the obligations outlined in this Agreement. This authorization does not grant a comprehensive trademark license, and no additional entitlements regarding trademark use are conferred. TCH's usage rights for your trademarks cease upon termination of this Agreement.

  1. Warranty & Warranty Disclaimer for Dedicated Server Hosting Accounts

5.1 Customer and/or Third Party Acts
TCH shall not be held responsible for any non-conforming Services caused by you or your customers. TCH disclaims liability for data loss or corruption during transmission or failure to send or receive data due to events beyond our reasonable control.

5.2 Disclaimer of Warranties
TCH provides all services, hosting packages, systems, and products under this agreement without any express or implied warranty. TCH does not guarantee uninterrupted, error-free operation or complete security of its services and expressly disclaims any warranties related to patent, copyright, trade secret, or trademark infringement. All services are provided "as is" and without any warranty against failure of performance, including hardware or communication systems failures. Except as expressly provided in this agreement, TCH disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, or conditions of quality.

5.3 Your Warranties and Representations to TCH
By entering into this Agreement, you affirm, represent, and commit to TCH the following:

  • You are either at least eighteen (18) years of age or a duly organized and validly existing entity.
  • You possess the legal capacity and authority to engage in and abide by the terms of this Agreement.
  • The Services will be utilized exclusively for legal purposes and in strict adherence to this Agreement, as well as all relevant policies and guidelines.
  • You acknowledge and agree to assume financial responsibility for all activities conducted through your account.
  • The accuracy of materials distributed or made available via the Services, including but not limited to your content, descriptive claims, warranties, guarantees, nature of business, and business address, has been verified or will be verified.
  • Your content and/or any software you install or provide neither infringes nor will infringe upon any rights of third parties, including but not limited to intellectual property rights, nor violates any applicable laws, regulations, or ordinances.
  1. Limitation and Exclusion of Liability for Dedicated Server Hosting Accounts

6.1 Liability Limitations
TCH shall not be liable for damages, unauthorized access to, alteration, theft, or destruction of information provided to us, whether distributed or made available via the services. Under no circumstances shall TCH be liable for consequential, exemplary, special, incidental, or punitive damages, even if advised of the possibility of such damages. TCH's liability to you for any reason and upon any cause of action is limited to the amount paid to us by you under this agreement during the thirty (30) days immediately preceding the date on which such claim accrued. This limitation applies to all causes of action in the aggregate, including breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The fees for the services set by TCH under this agreement have been and will continue to be based upon this allocation of risk. Consequently, you release TCH from any obligations, liabilities, and claims in excess of the limitation stated in this Section 6.1. Please note that in some states where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability is limited to the extent permitted by law.

6.2 Interruption of Service
By accepting these terms, you acknowledge that TCH is not responsible for any delays, outages, or interruptions in service provision. You also acknowledge that TCH is not liable for delays or failures in fulfilling its obligations outlined in this Agreement, particularly when arising from events or circumstances beyond its reasonable control. These can include but are not limited to, acts of God, mechanical or electronic failures, communication breakdowns, or failures from third-party suppliers.

6.3 Scheduled and Emergency Maintenance
By accepting these terms, you acknowledge TCH's authority to suspend services for maintaining, repairing, or upgrading its systems and network. While TCH will make reasonable efforts to notify you of upcoming maintenance via our Status Page, there is no obligation to provide advance notice in every instance. Scheduled maintenance notifications, updates on service status, and historical uptime data for our data centers and services are available on the TCH Status Page. TCH is not liable for downtime or service outages during scheduled or emergency maintenance. For real-time updates on service status, maintenance, and emergency notices for both service and non-service affecting issues, please refer to our Status Page.

  1. Miscellaneous for Dedicated Server Hosting Accounts

7.1 Confidentiality
Both parties agree to keep all Confidential Information disclosed by the other party confidential and to use it solely for this Agreement. "Confidential Information" includes information related to the Services, proprietary information, business or financial affairs, customer data, and more. Exceptions to this confidentiality obligation include information in the public domain, independently developed information, or information received from a third party without restrictions. The parties may disclose Confidential Information if required by law, provided they give written notice to the other party. Upon termination of this Agreement, each party shall promptly return all Confidential Information from the other party. This provision remains in effect for two (2) years after termination.

7.2 Governing Law and Venue
This Agreement is governed by and interpreted in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. Both parties agree that any dispute arising out of or relating to this Agreement will be brought exclusively in the state or federal courts located in the County of Oakland, Michigan. Both parties irrevocably submit to the personal jurisdiction of these courts.

7.3 Notices
All notices, reports, requests, or other communications under this Agreement must be in writing and delivered via MYTCH unless otherwise specified. Notices will be considered given when they are submitted through MYTCH. It is important to keep your contact information, including telephone number and email address, up to date in MYTCH. We strongly recommend not using an email address associated with the hosted domain to ensure you receive important notifications, such as those regarding suspension or termination of services.

7.4 Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

7.5 Waiver
TCH's failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. No waiver by TCH of any provision of this Agreement shall be effective unless explicitly stated in writing and signed by an authorized representative.

7.6 No Fiduciary Relationship
TCH is not your agent, fiduciary, trustee, or any other form of representative. The provisions of this Agreement are solely intended for the benefit of the parties involved and do not confer any legal or equitable rights, remedies, or claims upon any third party. This Agreement, along with all its representations, warranties, covenants, conditions, and provisions, is designed for the exclusive benefit of the parties involved.

7.7 Assignments
You may not transfer or assign your rights, duties, or obligations under this Agreement without TCH's written consent. Only individuals listed in the TCH billing portal are recognized as duly authorized representatives of any Dedicated Server hosting account. TCH reserves the right to assign its rights and obligations under this Agreement and may engage affiliates and/or agents to fulfill its duties and exercise its rights without requiring your consent. However, this Agreement remains binding upon and benefits the parties and their successors and assignees, subject to the aforementioned restriction.

7.8 Non-Waiver Clause
Should TCH fail to insist on strict adherence to any provision of this Agreement, such failure shall not be construed as a waiver of TCH's right to enforce said provision or any other provisions in this Agreement at a later time.

7.9 Force Majeure
Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations, or attempts to cure any breach, are delayed or prevented by reason of any act of God, fire, natural disaster, accident, terrorism, act of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party.

7.10 Entire Agreement
This Agreement, along with any documents incorporated by reference or related policies, constitutes the entire agreement between you and TCH regarding the Dedicated Server Hosting Services. It supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter herein.

7.11 Amendment
TCH reserves the right to modify this Agreement at any time by posting the revised terms on the TCH website. Your continued use of the Services following such changes constitutes your acceptance of the revised terms.

7.12 Contact Information
If you have any questions about this Agreement or the Dedicated Server Hosting Services, please contact TCH at the following address:

TotalChoice Hosting LLC
24700 Northwestern Hwy, Suite 537
Southfield, MI, USA 48075