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AmericaHosts Web Hosting Terms Of Service

Last modified on: January 15, 2005 Our motto of "No Surprises" is what we have strived to provide with regard to policies and pricing for services we offer. So before you agree to do business with us, we want you to read and fully understand the following User Agreement / Terms of Service.  This way there are no surprises! This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of web hosting, e-Commerce and other Internet-related services provided by AmericaHosts Web Hosting (the "Services"). As used in this Agreement, "AmericaHosts Web Hosting"  and "Client", "you", or "your" means you. By clicking on the "Submit Order" or "Sign Up" or "Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the AmericaHosts Web Hosting site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "AmericaHostT Web Hosting Site" refers to the Site located at the URL http://www.americahosts.com, or any other successor Sites owned or maintained by AmericaHosts Web Hosting. AmericaHosts Web Hosting reserves the right to change this Policy any time, check this page when in doubt. An email notice will be sent in regards to any changes to this policy. AmericaHosts Web Hosting strives to provide the best possible service to all our Customers, but we will not tolerate any unlawful activity or abuse on our servers. This Agreement is imposed to protect you, other AmericaHosts Web Hosting Customers, and us against harm. 1. APPROPRIATE USE OF THE SERVICES AmericaHosts Web Hosting provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any AmericaHosts Web Hosting server in connection with Client's use of the Services which: infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of AmericaHosts Web Hosting or any third party; violate any provincincial, state, federal or foreign laws or regulations; are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory based on gender, race, age, or promotes hate; violate any AmericaHosts Web Hosting policy posted on the AmericaHosts Web Hosting Site including, but not limited to, our Acceptable Use Policy (includes Adult Material Policy), UCE (SPAM) Policy, and CGI Abuse Policy. contain viruses or other computer programming defects which result in damage to AmericaHosts Web Hosting or any third party. Bandwidth. Client may occupy only the amount of disk space on the AmericaHosts Web Hosting Server and utilize no more than the network bandwidth that is allotted by AmericaHosts Web Hosting. Additional fees, specified in the plans and packages page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan. No "SPAM". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at AmericaHosts Web Hosting, or otherwise, that mentions or reference any domain hosted on AmericaHosts Web Hosting servers or parked on AmericaHosts Web Hosting DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER AND RESELLER ACCOUNTS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer to our UCE (SPAM) Policy). Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services. Back-Up Files. Client will have the ability to reinstate files which are automatically archived by AmericaHosts Web Hosting; however, AmericaHosts Web Hosting does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client’s Control Panel. If data loss occurs due to negligence of Client in securing their account or by an action of the Client, AmericaHosts Web Hosting will attempt to recover the data from the most recent archive for a $150.00 fee. Termination. AmericaHosts Web Hosting reserves the right to refuse service to anyone. AmericaHosts Web Hosting, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact Customer Support. 2. PAYMENT OBLIGATIONS Full payment is required from Client before any Service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prompt Payment. Client must promptly remit payment to AmericaHosts Web Hosting when it is due. If payment or credit authorization is not received by the date due, AmericaHosts Web Hosting reserves the right to delete all content from the Client website and make it inaccessible to Client. Furthermore, AmericaHosts Web Hosting shall utilize the services of collection agencies to collect amounts due and also reserves the right to report delinquent accounts to credit bureaus. Domain Names. If Client chooses to register a domain name(s) through AmericaHosts Web Hosting, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. AmericaHosts Web Hosting does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. 3. CLIENT LIABILITY AND INDEMNIFICATION The parties agree that in no event shall AmericaHosts Web Hosting be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless AmericaHosts Web Hosting from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder. You agree to use all AmericaHosts Web Hosting Services and facilities at your own risk. AmericaHosts Web Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall AmericaHosts Web Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, acts of god, consequential or other damages. Client agrees that it shall defend, indemnify, save and hold AmericaHosts Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against AmericaHosts Web Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, it’s agents, employees or assigns. Client agrees to defend, indemnify and hold harmless AmericaHosts against liabilities arising out of: (1) any injury to person or property caused by any products sold or otherwise distributed in connection with AmericaHosts Web Hosting Services; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from AmericaHosts Web Hosting's servers. AmericaHosts Web Hosting shall be the sole judge of what violates this Policy. 4. TERM, TERMINATION & CANCELLATION Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services ("Billing Cycle Date"), and shall automatically renew and continue in effect for the period of time selected during the signup process ("Billing Cycle") or specified by separate agreement or unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement, however, notification of termination must be received at least ten business days prior to your Billing Cycle Date in order to avoid charges in full for the next Billing Cycle. If Client is terminating this Agreement, Client must request cancellation by emailing the AmericaHosts Web Hosting billing department. AmericaHosts Web Hosting will respond with a cancellation email, which Client shall retain as proof of termination. It is the Clients Responsibility to secure email confirmation from AmericaHosts Web Hosting that account has been cancelled. If the Client has not received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of termination, this balance must be paid in full. Termination does not absolve Client of any outstanding financial obligations. All Client cancellation requests will become effective within 30 days after termination notice has been provided to AmericaHosts Web Hosting. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement. In case that the Client's continuing usage of the service is jeopardizing the stability of AmericaHosts Web Hosting's service to other clients, AmericaHosts Web Hosting reserves the right to immediately terminate this agreement. 5. PRICE CHANGES. AmericaHosts Web Hosting reserve the right to change the price of any services at any time with a 30 days notice to current Clients. Current Clients will not be affected by any price change throughout any existing contract ("Billing Cycle") period. 6. TAXES Client will pay and indemnify and hold AmericaHosts Web Hosting harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof. 7. DISCLAIMER OF WARRANTY THE SERVICES, THE AmericaHosts Web Hosting SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE AmericaHosts Web Hosting SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. AmericaHosts Web Hosting DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AmericaHosts Web Hosting SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT. 8. LIMITATION OF LIABILITY IN NO EVENT SHALL AmericaHosts Web Hosting BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE AmericaHosts Web Hosting SITE OR ANY AmericaHosts Web Hosting PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL AmericaHosts Web Hosting’S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIFTY DOLLARS ($50 US). If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by AmericaHosts Web Hosting. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America and Canada, except with regard to their conflict of law rules. This Agreement and AmericaHosts Web Hosting’s policies are subject to change by AmericaHosts Web Hosting without notice. Continued usage of the Services after a change to this Agreement by AmericaHosts Web Hosting or after a new policy is implemented and posted on the AmericaHosts Web Hosting Site constitutes your acceptance of such change or policy. We encourage you to regularly check the AmericaHosts Web Hosting Site for any changes or additions.

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