* PLEASE READ THIS AGREEMENT BEFORE ORDERING SERVICES *

 

HOSTSOLUTIONSE.

TERMS OF SERVICE CONTRACT & ACCEPTABLE USAGE AGREEMENT

 

 Agreement for: HostSolutionsE services (all and/or any), (other services listed above in Applies To section.) Agreement subject to change.

 

 This WEB HOSTING SERVICE LEVEL AGREEMENT AND TERMS OF SERVICE AGREEMENT ("Agreement") is made and entered between HOSTSOLUTIONSE and ALL HOSTSOLUTIONSE CUSTOMERS CREATING ACCOUNTS VIA PAYPAL AND/OR WEBSITE AND/OR TELEPHONE ORDERS (hereinafter referred to as "Client"), effective as of the signing of this Agreement by the later of HOSTSOLUTIONSE or Client.

 

 WITNESSETH:

 

             WHEREAS, HOSTSOLUTIONSE. provides web hosting services for web sites and desires to provide web hosting for a website for Client;

 

             WHEREAS, Client desires to have a web site hosted by HOSTSOLUTIONSE;

 

             NOW, THEREFORE, in consideration of the mutual covenants, warranties, and representations herein contained and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, HOSTSOLUTIONSE and Client agree as follows:

 

 Customers of HostSolutionsE  agree to comply with the terms and conditions set forth below, and upon activation of customers account with HostSolutionsE , customer agrees to have reviewed the following terms and agree to be bound by the following terms. HostSolutionsE reserves the right to change these terms of service, and recommends all subscribers to frequently view this contract.

 

 This agreement sets out the terms and conditions ("Terms and Conditions") applicable to members of the web hosting network ("HostSolutionsE ") operated by HostSolutionsE. In order for a customer to be a member of our service, and as a condition for participation, must agree to the following Terms and Conditions. In the event a customer breaches or otherwise fails to comply with any provision of these Terms and Conditions then in addition to any other remedy available to HostSolutionsE may terminate the participation of such websites and customers from network.

 

 THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. HOSTSOLUTIONSE CONTENT AND SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. HOSTSOLUTIONSE DISCLAIMS ANY IMPLIED WARRANTIES. HOSTSOLUTIONSE ANY OF ITS EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES RESULTING IN USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY HOSTSOLUTIONSE, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OF SERVICES, OR TERMINATION OF SERVICES.

 

Scope and Reach of Agreement:

This agreement applies to customers of the following services of HostSolutionsE

                        HostSolutionsE Web Hosting

                        Other HostSolutionsE Services

 

 

1.0 Right to Refusal Without Cause

 

 1.1 HostSolutionsE may refuse to accept any customer or any website for participation in the HostSolutionsE hosting network as determined by HostSolutionsE at its sole discretion.

 

2.0 Modification of Agreement

 

 2.1 HostSolutionsE reserves the right to change the Terms and Conditions at any time. It is the customer's responsibility to check these Terms and Conditions from time to time for such changes. In the event the HostSolutionsE offers any additional or replacement services then this agreement shall apply to such services in the absence of any new agreement specific to such services which is entered into between the parties.

 

3.0 Hold Harmless (a)

 

 3.1 The customer agrees to indemnify and hold HostSolutionsE. and its affiliates, employees, agents and representatives harmless from and against any and all claims, demands, liabilities, expenses, losses, damages and attorney fees arising from any and all claims and lawsuits for libel, slander, copyright, and trademark violation as well as all other claims resulting from (i) the participation of the customer in the HostSolutionsE hosting network , (ii) operation of the customer's web site or any URL submitted to HostSolutionsE for participation in the HostSolutionsE or (iii) otherwise arising from customer's relationship with HostSolutionsE. The customer also agrees to indemnify HostSolutionsE for any legal fees incurred HostSolutionsE, acting reasonably, in investigating or enforcing its rights under this agreement.

 

4.0 Account Termination

 

 4.1 HostSolutionsE reserves the right to cancel an account at will at its sole discretion. A customer may terminate an account with HostSolutionsE, given that the following provisions are meeting:

 

            4.1.1 a. Account is in good standing, all payments have been made.

 

            4.1.2 b. Account has not be host to content which is not allowed HostSolutionsE hosting network or Servers

 

            4.1.3 c. Account has no pending warnings / complaints / abuse warnings on record

 

            4.1.4 d. Account holder completes the required form HostSolutionsE customer control area of web site (via email, tickets, phone, etc.) in order to terminate account in system.

 

5.0 Illegal Activity

 

 5.1 HostSolutionsE hosting services may only be utilized for lawful purposes. Any actions by the customer that violate state laws, federal, local, or international laws are strictly prohibited, and will result in immediate removal of the customers account, including any files that may be stored within the account. The following activities are forbidden, and will result in immediate dismissal of customer accounts and files.

 

 5.2 Host, or serve any material that contains threatening, unlawful, abusive, obscene, offensive, pornographic, or otherwise material that HostSolutionsE finds inappropriate, will result in removal of services.

 

            5.2.1 a. The hosting of unlicensed software that is available to the public.

 

            5.2.2 b. Software or files that contain computer viruses or files that may harm user's computers

 

            5.2.3 c. Sending unsolicited or prohibited advertisements, or mass e-mails will result in immediate termination of customers account.

 

 5.3 As mentioned, the utilization of HostSolutionsE services for unlawful activity is forbidden. In addition, upon activation of customers account, customer agrees to give HostSolutionsE the permission to disclose any, or all available information collected to law enforcement upon written request by enforcement agency. Information that may be disclosed includes, but it not limited to IP addresses, account history, and files stored on HostSolutionsE servers.

 

6.0 Agreement Activation

 

 6.1 Customer agrees upon activation of HostSolutionsE service(s) that HostSolutionsE rates were clearly visible, and have been communicated to the customer. Customer is also aware that rates may change from time to time, and in this case, customer will first be notified before any additional charges are posted on the customers account.

 

 6.2 This agreement is active once the customer has submitted the information located at the HostSolutionsE Order Forms, and has been approved by HostSolutionsE. The duration of this agreement depends on the plan selected by the customer. Plans include, but are subject to change at any time: Monthly Billing, Quarterly Billing, and Yearly Billing. All packages are to be prepaid, as set forth in the plan section HostSolutionsE website, and if the customer decides to cancel any services before they have utilized services that they have already submitted payment for, customer realizes that a refund is subject to HostSolutionsE approval, or denial.

 

7.0 Cancellations and the "Risk Free" Money Back Guarantee in Detail - It is important that you read this section before submitting a cancellation form.

 

 7.1 HostSolutionsE, as earlier mentioned provides an RISK-FREE Money Back Guarantee. This covers payments and pre-payments made within the 14 days after joining HostSolutionsE web hosting services. Our guarantee does not cover any and all setup fees incurred while signing up for HostSolutionsE services. In addition, prepayments for long-term web hosting packages will pro-rated before refund is issued. In short, you will be refunded a pro-rated amount less any incurred setup, configuration or over usage costs. Closed web hosting accounts are not eligible for this money-back guarantee if terminated for violation of our Terms of Service by HostSolutionsE -- regardless if the cancellation form was submitted. The rate quoted during sign up will be used to pro-rate refunds. All cancellation requests must be made via our cancellation request form found at the support tab of our site. The money-back guarantee applies to situations of HostSolutionsE fault that result in you not being satisfied HostSolutionsE services. All HostSolutionsE Web Hosting accounts that cancel an account(s), must pay a fee of $49.99 USD, with in 29 days after cancellation.

 

 7.2 Guarantee policy ONLY APPLIES of the customer has submitted at least one problem report, and if HostSolutionsE is unable to resolve the issues at hand. Otherwise, any cancellations will not include refund. UNLESS A PROBLEM WITH A HOSTSOLUTIONSE SERVICE IS FOUND ALL PAYMENTS MADE TO HOSTSOLUTIONSE ARE NOT REFUNDABLE.

 

 7.3 Refunds are only issued if the cancellation is within the allowed period. The allowed period is defined as: A 14 day period includes all weekends, holidays, business days, and day of purchase. Period begins on day of purchase and ends on the 14th day at 12:01 AM.

 

 7.4 While HostSolutionsE does an issue refund on a regular basis when the above conditions are meet and the closed account is in good standing, HostSolutionsE must and does reserves the right to refuse refund at its sole discretion in order to protect itself against abuse of our generous guarantee policy.

 

 7.5 HostSolutionsE will issue refunds only using the same method of payment that was made to HostSolutionsE. We do not issue cash refunds.

 

 7.6 Accounts must be in financial good standing before they can be closed. You must not have any failed invoices or unpaid invoices on your account. Any invoices due within 72 hours before or after of submitting a cancellation form must be paid before the cancellation will be processed.

 

 7.7 Time from cancellation to completed processing. Due to the process involved in closing an account, it may take up to 14 business days to close your account fully. Refund is the final step in the cancellation process, and will be issued once the remainder of the process is over. Due to our bank and bank delays, once a refund is issued it will take up to 72 hours for it to be reflected on your bank statement.

 

 7.8 Domain Names - Please see section 8.2 for policies regarding refunds when a free domain name was issued, or a free transfer was issued.

 

 7.9 NON-USAGE OF AN ACCOUNT IS NOT PROOF OF CANCELLATION OF SERVICE. Clients are responsible for full payment on all accounts whether or not the account is or was ever utilized. If a client cancels without using the account outside of the guarantee period, there is no refund allowed.

 

 7.10 Extended Guarantee Period - An extended guarantee may be given to a customer by a HostSolutionsE staff member with written approval of the management of HostSolutionsE. A note will be placed internally on your HostSolutionsE account. If the note does not exist then the extended guarantee period does not exist.

 

8.0 Domain Name Services & Registration / Free Registration

 

 8.1 As part of the hosting plans, a domain registration service can be obtained. Please review our domain registration agreement and uniform domain name dispute resolution policy set forth by ICANN. It is the customer's responsibility to check these agreements on a regular basis.

 

 8.2 HostSolutionsE on occasion will register a domain name for a customer as part of the service rendered. This domain name is property of HostSolutionsE until the first year of paid service is completed. At this point, the customer may opt to transfer the domain name into their name. HostSolutionsE will assess a $21.95 charge per domain name registered after the first domain with our paid service. Further, HostSolutionsE will assess a $21.95 charge for accounts terminated before the first year is completed. This is to cover the expense of registering the domain name for the customer.

 

9.0 Torturous Conduct

 

 9.1 Any abuse towards any HostSolutionsE employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing HostSolutionsE or utilizing the Ticket System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at HostSolutionsE or its employees shall be considered a violation of this TOS.

 Any threat; whether verbally, orally, written, or delivered by second parties directed towards HostSolutionsE or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this TOS.

 Any conduct viewed as violating this section shall be considered a violation of this TOS. HostSolutionsE will be the sole arbitrator in regards to what is deemed a violation.

 No refunds shall be given when the contents of this section necessitates removal of the account.

 

 9.2 Any abuse of our phone pager tool. The phone pager is ONLY to be used for the following types of problems:

 

            9.2.1 a. Server outages - If your site goes down and stays down for over three minute's time.

           

            9.2.2 b. Network issues - If you are unable to reach HostSolutionsE web servers for over three minutes time and are unable to reach more than one server for this time period.

 

            9.2.3 c. Down time for over three minutes in time (an average reboot will take this amount of time.)

 

10.0 Harm to HostSolutionsE Servers

 

 10.1 Any attempt to undermine or cause harm to a server or customer of HostSolutionsE   is strictly prohibited.

 

11.0 Acceptable Use of Services / Acceptable Access to Services

 

11.1 HostSolutionsE will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.  Any unauthorized use of accounts or computers by a HostSolutionsE. customer, whether or not the attacked account or computer belongs to HostSolutionsE, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation and civil or criminal legal action, depending on the seriousness of the attack.

 

 11.2 Bandwidth Stealing -- Bandwidth Stealing is defined as using a temporary URL to access your website after the first 72 hours of your account, or using the temporary URL as a download link for large files. This type of traffic is not tracked by our software and thus is using unmetered bandwidth. This is against this Terms of Service agreement and will result in:

 

            a. First offence - suspended account and warning

            b. Second offence - terminated account and no refund.

 

 HostSolutionsE will, at it's sole decision, decide if you are or are not stealing bandwidth.

 

 11.3 CPU usage (or usage of the Central Processing Unit(s)) on the web server your account is hosted on is regulated as follows. Each account is allowed to use a reasonable amount of CPU power at any given time. Due to the nature of CPU and web hosting in general, we are unable to provide a specific percentage. However, we do enforce and require that all accounts only use a reasonable amount of CPU at any given time. If your account is found to affect other clients on the server, or if your account causes the web server to slow down for any reason, we may suspend your account. We will notify you of this suspension, depending on the circumstances it may be after the suspension has been performed.

 

 In this case, we may require that you either upgrade to a dedicated or semi-dedicated web hosting solution, or reduce the amount of load and traffic your web site receives. We may lock specific files or scripts if they are found to be overusing CPU on their own and notify you of this.

 

 Any attempt to hide, mask or disguise your usage will result in immediate termination without refund for TOS violation.

 

12.0 Adult Sites

 

 12.1 Any type of pornographic materials, hate materials, adult materials (adult material is not necessary limited to pornography), racial materials, or unlawful practices are prohibited. Such sites will be removed, account terminated and funds NOT refunded as this is a violation of our TOS/AUP.

 

 12.2 In the event that your site contains small amounts of adult content, HostSolutionsE will not accept it for hosting.  No amount of adult content is allowed or tolerated.

 

13.0 SPAM, Junk Mail, UCE, Chat Rooms, Message Forums and Penalty for Actions

 

 13.1 Commercial advertisements are NOT WELCOME in most discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups is particularly unethical and will be treated as such breach of this ethical policy.

 

 13.2 Sending a message, especially an advertisement, to more than THREE recipients, is by itself UCE/SPAMMING unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Excepted are opt-in mailing lists where the recipients have explicitly requested to receive advertisements and have an opt-out option. Proof must be made that recipient has opted-in to receive advertisements and / or newsletters in case of complaint. Customers who are found to be sending UCE or SPAM to more than THREE e-mail address will be TERMINATED WITHOUT REFUND. TERMINATIONS WILL BE ACCOMPANIED BY A $90.00 PENALTY FOR SENDING UCE WITH HOSTSOLUTIONSE'S NETWORK. This fee is NOT REFUNDABLE, and NOT NEGOTIABLE. HostSolutionsE reserves the first and final decision to assess who is sending UCE and SPAM and who is not. Customers found sending in excess of 150 UCE E-mails will be fined $250.00 PER MESSAGE in addition to the $90.00 PENALTY. This is also NOT REFUNDABLE and NOT NEGOTIABLE.

 

 13.3 We do allow clients to install their own chat rooms however chat rooms are subject to utilization policy, hence approval with the HostSolutionsE support team prior to utilizing the chat software is strongly recommended. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. Parachute chat rooms do not apply to this rule. They are perfectly fine to install.

 

14.0 Service Guarantees

 

 14.1 HostSolutionsE will guarantee an uptime average of 99.98% across our network and 99.99% network stability uptime. HostSolutionsE will pro-rate refunds and credits for downtime on a requested basis. HostSolutionsE is not liable for claims made after seven days of a down time for credit or refund.

 

 14.2 HostSolutionsE price lock guarantee and feature lock guarantee: HostSolutionsE will not raise prices without permission nor will HostSolutionsE downgrade features for customers. What you sign up with is what you will continue HostSolutionsE service(s) with for your entire contract duration. In certain occasions, HostSolutionsE MAY grant additional services for all customers during package changes.

 

15.0 Optional Services

 

 15.1 Optional HostSolutionsE Services can be purchased via the Update Account Features forms. These services, including but not limited to: other services offered are offered WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. HOSTSOLUTIONSE ADDITIONAL SERVICES, ADDED FEATURES AND VALUE ADDED SERVICES/FEATURES CONTENT AND SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. HOSTSOLUTIONSE DISCLAIMS ANY IMPLIED WARRANTIES. HOSTSOLUTIONSE, ANY OF ITS EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES RESULTING IN USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY HOSTSOLUTIONSE, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OF SERVICES, OR TERMINATION OF SERVICES.

 

16.0 Background Operations/Programs on Servers

 

 16.1 We may allow programs to run continually in the background. These are called cron jobs and are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed, if applicable. In most cases HostSolutionsE prefers not to impose any extra charges on the customers.

 

17.0 Refusal of Services

 

 17.1 HostSolutionsE reserves the right to refuse service to anyone. Customers may only use HostSolutionsE 's servers for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets. HostSolutionsE expressly forbids anyone from using HostSolutionsE servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, adult OR pornographic material, or any other material which we deem to be objectionable, including, but not limited to, again - pornography, again - adult materials, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of HostSolutionsE management.

 

18.0 Payment, Charge backs and Returned Checks

 

 18.1 HostSolutionsE does not allow charge backs to occur to its merchant accounts and contracts with VISA / MASTER CARD International, American Express Bank. and Discover Financial Services. It is not recommended to initiate a charge back hence customer agreed to Terms & Conditions as outlined in this document and HostSolutionsE will use this document and customer's agreement at the time of order to wholeheartedly fight a charge back and / or dispute. If customer supplied a valid reason for refund, HostSolutionsE will gladly apply a refund ONLY if requirements as specified above are met. Any dispute / charge back attempts will immediately result in suspension of web hosting account and another charge applied to the customer credit card under the same order / authorization number HostSolutionsE reserves the right to re-charge customer credit card anytime in event of a dispute and / or charge back process.

 

 18.2 Upon customer account activation, customer agrees to pay on either a 30-day basis, 90-day basis, or a 90-day basis. HostSolutionsE gives customer 48 hours over payment deadline, and if the payment has not been received customers account will be suspended. Upon re-activation of customers account, HostSolutionsE will charge a $29.95 re-activation fee to the customer.  HostSolutionsE Services, Inc. provides the following policy with regards to returned checks and credit card chargebacks:

 

             * Any customer who provides a credit card charge back in response to a bill and or order placed at HostSolutionsE will be subject to collections and legal action. Charge backs are NEVER acceptable means of attaining a refund. Further, by ordering an account with HostSolutionsE you are bound by these terms and conditions and must follow and agree to them. The following fees will be assessed for all chargebacks:

 

             $25.00 charge back processing fee

             $150.00 penalty for charge back usage

             $29.95 reactivation setup cost (must be assessed regardless of service continuance.)

 

             If collections action is required, a 22% collections fee will be assessed as well for the total amount.

 

             * All returned checks will be sent to collections, plus $30.00 returned check cost and 22% collections on the total amount due.

 

19.0 Customer Service Surveys

 

 19.1 Service Surveys may be issued. Please be warned, any response to surveys may result in use of your comments/question answers in promotional materials such as our testimonials web page or rotating testimonials. We may also gather aggregated figures and post them. BY CHOOSING TO FILL OUT A SURVEY, YOU CONSENT TO OUR USE OF SAID MATERIAL.

 

 If you wish to complete a survey, but do not wish that your response be posted in public please request they are not in the survey and make sure you include the IGNORE STRING which is noted at the bottom of the survey form.

 

 HostSolutionsE will read and respond to many surveys. By completing a survey, you consent to us contacting you regarding your experience.

 

20.0 Service Denial

 

 20.1 HostSolutionsE may temporarily, or indefinitely deny service of terminate this agreement upon failure to collect payment from customer. Such termination with no payment will result in customer being indebted to HostSolutionsE, and customer will be responsible for reasonable interest and collection fees.

 

21.0 Warranties and representations

 

 21.1 HostSolutionsE makes no warranties or representations for the services being offered HostSolutionsE provides hosting services on an "as is" and "as available" basis with no warranties for the services provided to customer. HostSolutionsE provides no warranty for connection issues, or uninterrupted service customers may incur while hosting with HostSolutionsE.

 

22.0 Miscellaneous Headings

 

            22.0.1 a. This Agreement contains the entire understanding between the parties hereto with respect to the transaction contemplated hereby, and it may not be amended, modified, or altered except by an instrument in writing signed by the party to be charged.

 

            22.0.3 b. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.

 

            22.0.4 c. The captions and headings contained herein are inserted for convenient reference only, are not a part hereof, and the same shall not limit or construe the provision to which they apply. The Exhibits hereto are hereby incorporated herein by this reference and made a part hereof.

 

            22.0.5 d. This Agreement may be executed in counterparts, each of which shall be deemed an original

 

            22.0.6 e. We are able to accept orders from the following countries without manual verification (instant activation.)

 

                        1. American Samoa

                        2. APO/FPO

                        3. Argentina

                        4. Australia

                        5. Austria

                        6. Belgium

                        7. Brazil

                        8. Canada

                        9. Chile

                        10. China

                        11. Czech Republic

                        12. Denmark

                        13. Finland

                        14. France

                        15. Germany

                        16. Greece

                        17. Guam

                        18. Hong Kong

                        19. Iceland

                        20. India

                        21. Ireland

                        22. Israel

                        23. Italy

                        24. Japan

                        25. South Korea

                        26. Luxembourg

                        27. Malaysia

                        28. Mexico

                        29. Netherlands

                        30. New Zealand

                        31. Norway

                        32. Philippines

                        33. Poland

                        34. Portugal

                        35. Puerto Rico

                        36. Singapore

                        37. South Africa

                        38. Spain

                        39. Sweden

                        40. Switzerland

                        41. Taiwan

                        42. Turkey

                        43. United Kingdom

                        44. United States

                        45. The Virgin Islands

 

                        We do accept orders from other countries. Many other nations require manual account verification/activation to protect ourselves against fraud and illicit orders. All orders from the above countries will be activated immediately. All orders from other nations will be manually verified and activated then. Verification process will take no longer than six business hours.

 

            22.0.7 g. Survival of this agreement: This FULL agreement is to survive the holders account by a period of 60 days. Sections 21.x, 20.x, 19.x, 18.x, 14.x, 13.x, 11.x, 10.x, 9.x, 8.x and 7.x are to survive this agreement for a period of six months past the holders account.

           

            22.0.8. h. Press & News Releases

 

            * Forward Looking Statements: Any statements in this website that are not historical facts are forward-looking statements that involve risks and uncertainties; actual results may differ from the forward-looking statements. Sentences or phrases that use such words as "believes," "anticipates," "plans," "may," "hopes," "can," "will," "expects," "is designed to," "with the intent," "potential" and others indicate forward-looking statements, but their absence does not mean that a statement is not forward-looking. The Company undertakes no obligation to publicly release the results of any revisions to these forward-looking statements that may be made to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.

 

23.0 Limitation of Liability

 

 23.1 Customer agrees that no HostSolutionsE Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to HostSolutionsE at the time) which may exist in the Services or HostSolutionsE's equipment used to provide the Services.

 

 Under no circumstances, including negligence, shall any HostSolutionsE Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if HostSolutionsE has been advised of the possibility of such damages. No HostSolutionsE Person shall be liable to Customer, any of its customers, any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to HostSolutionsE 's records, programs, equipment or services.

 

 Notwithstanding anything to the contrary in this Agreement HostSolutionsE’s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

 

 Customer understands, acknowledges and agrees that if HostSolutionsE takes any corrective action under this Agreement because of an action of Customer or one if its customer, that corrective action may adversely affect other customers of Customer, and Customer agrees that HostSolutionsE shall have no liability to Customer, any of its customers due to such corrective action by HostSolutionsE.

 

 This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.

 

24.0 Customer Website; E-commerce; Customer Warranties/Guarantees

 

 24.1 Customer shall be solely responsible for the development, operation and maintenance of Customer's web site, online store and e-commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer's products, including, without limitation (i) the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, (ii) ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and (iii) ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store.

 

 24.2 Customer shall be responsible for the security and confidentiality of any customer information (including, without limitation, customer credit card numbers) that Customer may receive as a result of its web site or online store.

 

 24.3 Customer represents and warrants to HostSolutionsE that Customer owns or has the right to use the Customer Content and material contained therein, including all text, graphics, sound, music, video, programming, scripts and applets, and the use, reproduction, distribution and transmission of the Customer Content and any information and materials contained therein does not, and will not, (i) infringe or misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party, (ii) violate any criminal laws or (iii) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation. Customer grants HostSolutionsE the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services.

 

25.0 Force Majeure

 

 25.1 HostSolutionsE shall not be liable for failure or delay in performing it obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

 

26.0 Verification of Agreement & Ratification

 

 26.1 By activating your account, you understand that by placing files on HostSolutionsE servers, you are openly offering your files to the public, and that HostSolutionsE has no way of limiting this access, and do not warrant the protection of your files. It is your sole responsibility to upload files to your allocated space with discretion, and we strongly recommend that you not upload any personal files or information that you would not publicly post on your website(s).

 

 26.2 Completing order form shall constitute electronic signature of this document. Document is agreed upon by HostSolutionsE.

 

27.0 Assignment

 

 27.1 Customer shall not have the right to assign this Agreement without the prior written consent of HostSolutionsE. This Agreement shall be binding upon and inure to the benefit of Customer and HostSolutionsE and their successors and permitted assigns.

 

28.0 Entire Agreement; Severability of Agreement

 

 28.1 This Agreement, together with the Order Form and any other documents or agreements specifically identified in this Agreement, represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

 

 28.2 Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.