318 lines
11 KiB
Markdown
318 lines
11 KiB
Markdown
# Master Service Agreement (MSA)
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**Arcline IT LLC**
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Last updated: May 2026
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---
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## 1. Parties
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This Master Service Agreement ("Agreement") is between **Arcline IT LLC**
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("Arcline", "Provider", "we", "us") and the customer named in the applicable
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Order Form ("Customer", "you"). This Agreement governs all Services provided
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by Arcline to Customer.
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---
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## 2. Services
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### 2.1 Service Offerings
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Arcline provides the following hosting services ("Services"):
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- **Shared Web Hosting** — Multi-tenant web server with cPanel control panel
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- **WordPress Hosting** — Managed WordPress environment
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- **VPS Hosting** — Virtual private servers with root access
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- **Domain Registration** — Domain name registration and management
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- **SSL Certificates** — Let's Encrypt SSL certificate provisioning
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- **Email Hosting** — Self-hosted email services (where available)
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### 2.2 Service Levels
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Services are provided in accordance with our [Service Level Agreement (SLA)](sla.md),
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which is incorporated by reference into this Agreement.
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### 2.3 Changes to Services
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Arcline may modify, upgrade, or discontinue specific service offerings with
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30 days written notice to Customer. In the event of service discontinuation,
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Customer will receive a pro-rata refund for any prepaid but unused Service
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fees.
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---
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## 3. Term and Termination
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### 3.1 Initial Term
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The initial term of this Agreement begins on the date Customer accepts these
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terms (by signing an Order Form or creating an Arcline account) and continues
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for the duration of the initial billing period selected in the Order Form.
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### 3.2 Renewal
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This Agreement automatically renews for successive billing periods of equal
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length unless either party provides written notice of non-renewal at least
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7 days before the end of the current term.
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### 3.3 Termination for Convenience
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Customer may terminate this Agreement at any time from the client portal or
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by contacting support. Services continue until the end of the current billing
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period. No refunds are provided for partial months, except as stated in
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Section 2.3.
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### 3.4 Termination for Cause
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Either party may terminate this Agreement immediately upon written notice if:
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- The other party materially breaches this Agreement and fails to cure the
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breach within 7 days of receiving written notice
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- The other party becomes insolvent, files for bankruptcy, or ceases operations
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### 3.5 Effects of Termination
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Upon termination:
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- Customer's access to Services ceases
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- Arcline will delete Customer's data after the data preservation period
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(14 days for shared hosting, 7 days for VPS)
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- Outstanding invoices become immediately due and payable
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---
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## 4. Fees and Payment
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### 4.1 Fees
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Customer agrees to pay the fees specified in the Order Form. All fees are
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in United States Dollars (USD). Fees do not include taxes, which are
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Customer's responsibility.
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### 4.2 Invoicing
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Fees are billed in advance on a monthly or annual basis as selected in the
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Order Form. Invoices are generated on the billing date and sent by email.
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### 4.3 Payment Terms
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Payment is due upon receipt of invoice. Accounts more than 7 days past due
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may be suspended. Suspended accounts are held for 14 days before data is
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deleted.
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### 4.4 Price Changes
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Arcline may change service pricing with 30 days written notice. Price
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increases will not exceed 10% annually unless required by changes in
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underlying infrastructure costs.
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### 4.5 Refunds
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- **Monthly plans:** Non-refundable after the billing cycle begins
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- **Annual plans:** Pro-rata refund available within the first 30 days
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- **Setup fees:** No setup fees are charged
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---
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## 5. Customer Responsibilities
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### 5.1 Account Security
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Customer is responsible for:
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- Maintaining the confidentiality of login credentials
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- All activity occurring under their account
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- Promptly notifying Arcline of any suspected unauthorized access
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### 5.2 Acceptable Use
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Customer must comply with the [Acceptable Use Policy (AUP)](https://arcline.it/aup),
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which is incorporated by reference. Violation of the AUP may result in
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immediate suspension without refund.
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### 5.3 Data Backup
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Customer is responsible for maintaining independent backups of their data.
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Arcline performs routine backups for disaster recovery purposes but does not
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guarantee data availability in all scenarios. VPS customers are solely
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responsible for their own backup strategy.
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### 5.4 Compliance
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Customer represents and warrants that:
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- Their content and use of Services complies with all applicable laws
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- They hold all necessary rights and permissions for content stored on
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Arcline infrastructure
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- They will not use Services to violate the rights of others
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---
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## 6. Provider Responsibilities
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### 6.1 Service Delivery
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Arcline will provide Services in accordance with this Agreement and the SLA.
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### 6.2 Security
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Arcline will maintain industry-standard physical and network security measures,
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including:
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- Firewall protection with default-deny rules
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- Regular security updates and patching
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- Encrypted data transmission (TLS 1.2+)
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- Secure configuration of all servers and network equipment
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### 6.3 Privacy
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Arcline will not access Customer's files or data except:
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- To perform maintenance or troubleshooting
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- To investigate suspected AUP violations
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- To comply with valid legal process
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### 6.4 Incident Notification
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Arcline will notify Customer of any security incident involving Customer's
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data within 72 hours of becoming aware of the incident.
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---
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## 7. Intellectual Property
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### 7.1 Customer Content
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As between the parties, Customer retains all intellectual property rights in
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the content, data, and applications they store or process using Arcline's
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Services.
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### 7.2 Arcline IP
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Arcline retains all rights in its proprietary software, infrastructure,
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trademarks, and branding. This Agreement does not grant Customer any license
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to Arcline's intellectual property beyond what is necessary to use the
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Services.
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### 7.3 Feedback
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Any suggestions, feedback, or feature requests Customer provides may be used
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by Arcline without obligation or compensation.
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---
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## 8. Confidentiality
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### 8.1 Definition
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"Confidential Information" means any non-public information disclosed by one
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party to the other, whether written, oral, or electronic, that is designated
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as confidential or reasonably should be understood to be confidential.
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### 8.2 Obligations
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Each party agrees to:
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- Use Confidential Information only for purposes of this Agreement
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- Protect Confidential Information using reasonable care
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- Not disclose Confidential Information to third parties without written
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consent, except to employees and contractors with a need to know
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### 8.3 Exclusions
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Confidential Information does not include information that:
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- Is or becomes publicly available through no fault of the receiving party
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- Was already known to the receiving party prior to disclosure
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- Is independently developed by the receiving party
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- Is required to be disclosed by law
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---
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## 9. Limitation of Liability
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### 9.1 No Indirect Damages
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Neither party shall be liable for any indirect, incidental, special,
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consequential, or punitive damages, including lost profits, lost revenue,
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lost data, or business interruption, even if advised of the possibility of
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such damages.
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### 9.2 Cap on Liability
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Each party's total liability to the other for all claims arising under this
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Agreement shall not exceed the total fees paid by Customer to Arcline in the
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12 months preceding the claim.
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### 9.3 Exceptions
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Nothing in this section limits either party's liability for:
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- Death or personal injury caused by negligence
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- Fraud or willful misconduct
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- Breach of confidentiality obligations
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- Intellectual property infringement
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---
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## 10. Indemnification
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### 10.1 Customer Indemnity
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Customer agrees to indemnify and hold harmless Arcline from any claims,
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damages, or expenses arising from:
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- Customer's breach of this Agreement
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- Customer's violation of applicable law
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- Customer's content that infringes third-party rights
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### 10.2 Procedure
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The indemnified party must:
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- Provide prompt written notice of the claim
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- Allow the indemnifying party to control the defense
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- Provide reasonable cooperation in the defense
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---
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## 11. Data Processing
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### 11.1 Data Processor
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To the extent Customer provides Arcline with personal data (as defined by
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applicable privacy laws), Customer is the data controller and Arcline is the
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data processor. Our [Data Processing Agreement (DPA)](dpa.md) governs such
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processing and is incorporated by reference.
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### 11.2 Data Location
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Customer data is stored on servers located in the United States. Arcline does
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not transfer data to other jurisdictions without Customer's consent.
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---
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## 12. Governing Law and Disputes
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### 12.1 Governing Law
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This Agreement shall be governed by and construed in accordance with the laws
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of the United States and the State of Oklahoma.
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### 12.2 Dispute Resolution
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Any dispute arising from this Agreement shall first be attempted to be resolved
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through good-faith negotiations. If not resolved within 30 days, disputes may
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be submitted to binding arbitration in accordance with the rules of the
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American Arbitration Association.
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### 12.3 Legal Fees
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In any action to enforce this Agreement, the prevailing party shall be
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entitled to recover reasonable legal fees and costs.
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---
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## 13. General Provisions
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### 13.1 Entire Agreement
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This Agreement, together with the Order Form, [SLA](sla.md),
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[AUP](https://arcline.it/aup), [Privacy Policy](https://arcline.it/privacy),
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and [DPA](dpa.md), constitutes the entire agreement between the parties
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regarding the subject matter.
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### 13.2 Amendments
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Arcline may amend this Agreement with 14 days written notice. Continued use
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of Services after the effective date constitutes acceptance.
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### 13.3 Assignment
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Customer may not assign this Agreement without Arcline's written consent.
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Arcline may assign this Agreement in connection with a merger, acquisition,
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or sale of assets.
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### 13.4 Severability
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If any provision of this Agreement is found to be unenforceable, the
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remaining provisions shall remain in full force and effect.
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### 13.5 Waiver
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Failure to enforce any provision of this Agreement shall not constitute a
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waiver of that provision.
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### 13.6 No Third-Party Beneficiaries
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This Agreement is for the sole benefit of the parties and their permitted
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assigns and does not confer any rights on third parties.
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### 13.7 Notices
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All legal notices under this Agreement shall be sent in writing to:
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- **Arcline IT LLC** — by email to legal@arcline.it
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- **Customer** — to the email address on file in the customer portal
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---
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## 14. Definitions
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| Term | Definition |
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| **Order Form** | The service order, plan selection, or checkout process through which Customer selects specific Services |
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| **Services** | Hosting and related services provided by Arcline under this Agreement |
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| **SLA** | Service Level Agreement, available at [docs.arclineit.com/legal/sla] |
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| **AUP** | Acceptable Use Policy, available at [arcline.it/aup](https://arcline.it/aup) |
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| **DPA** | Data Processing Agreement, available at [docs.arclineit.com/legal/dpa] |
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---
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*To accept this Agreement, create an account or sign the applicable Order
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Form. Questions? Contact us at [arcline.it/contact](https://arcline.it/contact)*
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