Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of the services provided by Carmen Hosting Company ("Carmen," "we," "us," or "our"). By purchasing, accessing, or using any Carmen virtual private server (VPS), dedicated server, or cabinet colocation service (collectively, the "Services"), you ("Customer" or "you") agree to be bound by these Terms, our Acceptable Use Policy (AUP), Privacy Policy, and any additional agreements, orders, or policies referenced herein.

1. Services & Orders

• All orders are subject to acceptance by Carmen. We reserve the right to refuse or cancel any order at our sole discretion.
• Service specifications, pricing, and billing cycles are detailed on our website or order form and incorporated into these Terms by reference.

2. Account Obligations

• You must provide accurate and complete registration information and promptly update any changes.
• You are responsible for maintaining the confidentiality of authentication credentials and all activities under your account.
• You agree to comply with our AUP and all applicable laws and regulations.

3. Fees & Payment

• All fees are due in advance of the service term and are non‑refundable unless expressly stated otherwise.
• Failure to pay invoices on or before the due date may result in service suspension or termination.
• Prices do not include applicable taxes, which will be billed separately where required.

4. Service Level Agreement (SLA)

Carmen guarantees a 99.99% network uptime. In the event of downtime falling below this threshold, Customers may be eligible for service credits as outlined in our SLA policy.

5. Term & Termination

• These Terms remain in effect for as long as you use the Services or have an active account.
• Either party may terminate the Services for convenience by providing written notice at least 7 days before the next billing cycle.
• Carmen may immediately suspend or terminate Services for violations of these Terms, the AUP, or non‑payment.

6. Intellectual Property

Carmen and its licensors retain all rights, title, and interest in and to the Services, including any software or documentation. No rights are granted except as expressly stated in these Terms.

7. Limitation of Liability

To the maximum extent permitted by law, Carmen shall not be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, or data. Carmen’s aggregate liability arising out of or relating to the Services shall not exceed the amount paid by you for the Services during the three (3) months preceding the event giving rise to the claim.

8. Indemnification

You agree to defend, indemnify, and hold harmless Carmen, its affiliates, officers, and employees from any claims, damages, or expenses (including reasonable attorneys’ fees) arising out of your use of the Services, violation of these Terms, or infringement of any intellectual‑property or other rights.

9. Governing Law & Venue

These Terms are governed by the laws of the State of Arkansas, without regard to its conflict‑of‑laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in Baxter County, Arkansas, and you consent to personal jurisdiction in those courts.

10. Changes to These Terms

We may modify these Terms at any time. Updated versions will be posted on our website with a revised "Effective Date". Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

11. Contact Information

Effective Date: 13 June 2024