Terms of Services

Revision date: 9/9/09

WHEREAS, RazorIT™ LLC (Hereafter known as "COMPANY") Web Hosting is an information provider connected to the Internet COMPANY Web Hosting offers storage and transfer services over the Internet through access to its Web Server;

WHEREAS, Customer seeks to utilize COMPANY Web Hosting's server for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, COMPANY Web Hosting can make no guarantee that any given reader shall be able to access COMPANY Web Hosting's server at any given time.

COMPANY Web Hosting represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

General Terms

All services provided by COMPANY may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless COMPANY from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to COMPANY servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software
hacker programs or archives
Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, COMPANY WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Financial Arrangements

Customer agrees to a thirty (30) day contract minimum (or three (3) or six (6) or twelve (12) or twenty-four (24) month contract depending on length of pre-payment), beginning upon commencement of service.

There is a per-plan one time setup fee for all shared hosting packages, and if the customer wishes to cancel COMPANY shared Web Hosting services within thirty (30) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded.

At the end of the contract term, the contract will automatically renew for successive thirty (30) day periods (or three (3) or six (6) or twelve (12) or twenty-four (24) month periods, depending on length of pre-payment) indefinitely until canceled in writing or via the web panel. After the first 30 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions.

"30-Day Money-Back Guarantee" offer only applicable to credit card or Google Checkout payments for shared web hosting. Other forms of payment are non-refundable. Dedicated server payments are non-refundable. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances.

All payments must clear completely before work will begin.

Violations of COMPANY's Terms of Service or Spam Policy may, at COMPANY's discretion, result in immediate and permanent disablement without refund.

Disputed charges ("chargebacks") associated with any COMPANY account may, at COMPANY's discretion, result in immediate and permanent disablement.

Taxes

COMPANY Web Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or COMPANY Web Hosting's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Traffic Usage
Some account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $2.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.

Memory Usage
Some account plans come with a predetermined amount of memory allowance. We monitor all accounts and bill $2.00 for each 1mb of memory exceeded. This amount is not prorated, meaning that 1 byte - 1 megabye will be treated and billed as the same.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of COMPANY is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and servers of COMPANY must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
By the Account Activation Date of each month, COMPANY shall either:

(1) debit the client's credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to COMPANY by no later than the specified payment due date. COMPANY shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a bi-monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees
Certain services carry a setup fee charged by COMPANY to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to COMPANY and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $75.00 prior to reactivation.

Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
COMPANY shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from COMPANY ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, COMPANY shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of COMPANY ' servers. All damages shall be limited to the immediate termination of service.

Customer expressly agrees that use of COMPANY Web Hosting's Server is at Customer's sole risk. Neither COMPANY Web Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that COMPANY Web Hosting's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the COMPANY Web Hosting Server service, unless otherwise expressly stated in this contract.

Under no circumstances, including negligence, shall COMPANY Web Hosting, its offices, agents or any one else involved in creating, producing or distributing COMPANY Web Hosting's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the COMPANY Web Hosting Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to COMPANY Web Hosting's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on COMPANY Web Hosting's Server service.

Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

Violations
Violations of these Acceptable Use Policies should be referred to issues@RazorIT.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
COMPANY cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by COMPANY are resold. Thus, certain equipment, routing, software and programming used by COMPANY are not directly owned or written by COMPANY. Moreover, COMPANY holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as COMPANY sees fit.

Account Activation
By activating your account with COMPANY, you agree to the policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, and have been assumed to have done so as we do not provide services or products without acceptance of this agreement. Guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
Although COMPANY has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

COMPANY reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Acceptable Use Policy
Revision date: 9/9/09

As a provider of web site hosting and other Internet-related services, COMPANY offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. COMPANY respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, COMPANY reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, COMPANY has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using COMPANY' services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that COMPANY cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because COMPANY cannot monitor or censor the Internet, and will not attempt to do so, COMPANY cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that COMPANY does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over COMPANY' network and may reach a large number of people, including both subscribers and non-subscribers of COMPANY, subscribers' postings to the Internet may affect other subscribers and may affect COMPANY' goodwill, business, reputation or operations. For these reasons, subscribers violate COMPANY policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes tward COMPANY, but also because it can overload COMPANY' network and disrupt service to COMPANY' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, COMPANY will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore COMPANY reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should COMPANY choose to pursue and prosecute.

Adult-Oriented Content:
COMPANY does not allow adult content and will suspend/terminate any offending account.

Large File Policy:
COMPANY is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail issues@RazorIT.com.

Obscene Speech or Materials:
Using COMPANY' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. COMPANY is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using COMPANY' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:
COMPANY reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that COMPANY determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. COMPANY will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with COMPANY' policy or applicable law. However, when COMPANY becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by COMPANY.

COMPANY is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching COMPANY' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. COMPANY does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. COMPANY reserves the right to directly take action against a customer of its subscribers. Also, COMPANY may take action against the COMPANY' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, COMPANY anticipates that subscribers who offer Internet services will cooperate with COMPANY in any corrective or preventive action that COMPANY deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of COMPANY policy.

COMPANY will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. COMPANY may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, COMPANY may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. COMPANY assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, COMPANY may disclose subscriber information or information transmitted over its network where necessary to protect COMPANY and others from harm, or where such disclosure is necessary to the proper operation of the system. However, COMPANY will never sell information to other services or outside companies.

COMPANY expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate COMPANY policy. Finally, COMPANY wishes to emphasize that, in signing the Service Agreement, subscribers indemnify COMPANY for any violation of the Service Agreement, law or COMPANY policy resulting in loss to COMPANY or the bringing of any claim against COMPANY by any third party. This means that, if COMPANY is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against COMPANY, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including COMPANY and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to issues@RazorIT.com.

Material Products

Customer will provide COMPANY Web Hosting with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of COMPANY Web Hosting. COMPANY Web Hosting shall make no effort to validate this information for content, correctness or usability.

Use of COMPANY Web Hosting's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.

The following examples are offered:

The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of COMPANY Web Hosting to provide this knowledge or Customer Support outside of the defined service of COMPANY Web Hosting.

COMPANY Web Hosting will exercise no control whatsoever over the content of the information passing through the network.

The customer agrees to make use of COMPANY Web Hosting servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose.. COMPANY Web Hosting servers are not intended as a data backup or archiving service. COMPANY Web Hosting reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated transfer bandwidth for a month, you will be billed at the rate of $2 per additional 10GB.

Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run, etc.) are not encouraged. Any application that listens for inbound network connections (even if the application would otherwise be allowed) are not permitted. BitTorrent clients, proxy servers/scripts, IRC bots and bouncers (BNC) specifically may not be run on any COMPANY Web Hosting server. If your processes are adversely affecting server performance disproportionately COMPANY Web Hosting reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.

Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called "Scraper sites." These can all have a severely detrimental effect on server performance and are not permitted. Pursuant to this policy, the poorly-written WordPress plugin "All in One SEO Pack" is expressly prohibited on COMPANY shared hosting servers and may only be installed on COMPANY Private Servers (VPS).

The Customer agrees to hold only one (1) active web hosting service plan at any given time with COMPANY Web Hosting. Signing up for multiple plans is grounds for termination of all plans, including the first one, without warning.

COMPANY Web Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. COMPANY Web Hosting also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of COMPANY Web Hosting is at the Customer's own risk, and COMPANY Web Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. COMPANY Web Hosting expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.

COMPANY Web Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", COMPANY Web Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on COMPANY Web Hosting's Server. COMPANY Web Hosting agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of COMPANY Web Hosting. If the Customer fails to modify the material, as directed by COMPANY Web Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

All domain names registered through COMPANY or its previous domain registration site, domainitron.com, that are 'parked' or are otherwise not immediately associated with a COMPANY hosting plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via COMPANY.com. The Coming Soon web page may be modified at any time by COMPANY without prior notice to you and may include such things as, without limitation, links to additional products and services offered by COMPANY.

When used in any manner of communication, phone, email, print, in-person or elsewhere, The term "days" refers to business days. (Monday-Friday, non-Holiday days).

The process of custom web design requires two way communication. Delivery date is dependent on email response times. This guarantee requires that time between builder to client emails not be counted against the delivery date.

Trademarks & Copyrights

Customer warrants that it has the right to use the applicable trademarks, if any.Hardware, Equipment, & Software

The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access COMPANY Web Hosting.

COMPANY Web Hosting makes no representations, warranties or assurances that the Customer's equipment will be compatible with the COMPANY Web Hosting service.

COMPANY Dedicated Server Stipulations

Bandwidth pricing and measurement frequency is subject to change at COMPANY's discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by COMPANY Web Hosting.

COMPANY is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, COMPANY Web Hosting, or COMPANY's upstream providers.

Customer agrees that dedicated server payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue service with COMPANY mid-way through the term.

Hardware upgrades to an existing 'platform' (platform defined as a motherboard/chassis combination) will be performed by COMPANY and shall incur an additional one-time labor fee of $100 as well as an increase to Customer's standard monthly rate.

COMPANY reserves the right to alter the dedicated server packages advertised on its website at its discretion. COMPANY is not required to upgrade Customers' hardware or bandwidth allocation as a result of a pricing or service package change. There will be an additional charge of $200 associated for any such hardware upgrade requested by Customer. Customer will not be required to upgrade hardware as a result of a pricing change.

For managed servers using a "DreamCatcher" monitoring option, COMPANY is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of debian packages that come installed with the server). COMPANY may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well upgrading the entire operating system).

For unmanaged servers not using a "DreamCatcher" monitoring option, Customer is responsible for keeping the security of their system up to date. This includes but is not limited to the following requirements:

COMPANY is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. COMPANY reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of COMPANY's network. Age

The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.

Ineternet Etiquette

Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of COMPANY Web Hosting may not be used to impersonate another person or misrepresent authorization to act on behalf of others or COMPANY Web Hosting. All messages transmitted via COMPANY Web Hosting should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.

Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning of either COMPANY or external computers and Denial Of Service attacks of any kind.

Termination

This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. COMPANY Web Hosting will accept termination by electronic mail. Notwithstanding the above, COMPANY Web Hosting may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. COMPANY Web Hosting reserves the right to charge a reinstatement fee.

Lawful Purpose
  1. Customer may only use COMPANY Web Hosting's Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on COMPANY Web Hosting's Server.
  2. Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use COMPANY Web Hosting's Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at COMPANY. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.
Promotional Codes
  1. By using a promo code you waive the option to indicate who referred you to COMPANY.
  2. You may not change/submit a promo code or referrer after you've finished signing up.
  3. Promo codes/referrers are for new customers only - if you use one you may not host on your account any domain ever previously hosted with COMPANY.
Referral Fees
  1. Any referral fee is given in the sole judgement of COMPANY deeming referrer to have met all obligations required to qualify for referral fee.
  2. Referral fees are given for new customers only - if one is used you may not host or get any development service for any domain, owner, or parent company ever previously having worked with COMPANY.
  3. For referral fees in excees of $50, the new client must have spent a minimum of twice the amount of the referral fee, before the reward will be granted.

Indeminification

Customer agrees that it shall defend, indemnify, save and hold COMPANY Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against COMPANY Web Hosting, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless COMPANY Web Hosting against Liabilities arising out of

Contract Revisions

Revisions to this Contract will be applicable to previous Contracts

Revisions will be considered agreed to by the Customer on renewal of service as specified in Section - Financial Arrangements.

Transfer

Customer may not transfer this contract without the written consent of COMPANY Web Hosting.

Contract

These Terms and Conditions constitutes the entire Contract and understanding of the parties.

Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.



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