HostingDelivery Web Hosting Services Agreement

The terms and conditions set forth herein constitute the full and complete agreement between you and HostingDelivery LTD (doing business as and hereinafter referred to as "HostingDelivery") Your agreement to be bound by these terms is acknowledged by your use of the HostingDelivery Web Site, Hosting Services, Support Services and/or any HostingDelivery software made available to you. The terms contained herein supersede and replace any other agreement or negotiation between you and HostingDelivery whether oral, written or otherwise including any statements made by any representative of HostingDelivery at any time.

1 FEES; PAYMENT OF FEES

1.1 Fees

HostingDelivery charges the following fees where applicable. All such fees are subject to change with 30 days notice.

1.1.1 Service Fee

1.1.2 Account Set-Up Fee

1.1.3 Domain Registration Fee

1.2 Fee changes

HostingDelivery reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not effect the then existing rights and responsibilities of each party. HostingDelivery also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.

1.3 Periodic Charges

HostingDelivery charges a periodic service fee which in some cases may be refundable as further set forth elsewhere herein. According to the services you order from HostingDelivery, HostingDelivery may also charge you for Domain Registration Fees and specifically reserves the right to institute additional charges upon notice to you. HostingDelivery also reserves the right to alter, change, amend or delete charges at it's sole option. HostingDelivery further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.

1.4 Payment of Fees

HostingDelivery accepts payment by Credit Card (American Express, Visa, MasterCard, Discover). Prior to activation of your user account and at any applicable time thereafter you agree to allow HostingDelivery to charge you at stated regular intervals the agreed service fee amount for the stated period together with any HostingDelivery registration fees, or any other charges outlined herein as may be applicable. Refusal or rejection of any such charge or any portion thereof is grounds for account suspension and/or termination at the sole option of HostingDelivery under Paragraph 8 herein.

1.5 30-day Money-back guarantee

HostingDelivery offers an unconditional 30-day money-back guarantee on hosting services. If you wish to cancel a hosting account within the initial 30-day period for any reason, you have to notify HostingDelivery via e-mail (billing@hostingdelivery.com) or the ticketing system at your control panel, and the payment will be promptly refunded. Since all domains registered through our services cannot be refunded, they will be subject to a $10.00 annual domain registration fee. Therefore, if you purchased a hosting account with a domain registration, the domain registration fee will be deducted from the refund amount. As you are the sole owner of the registered domain name, arrangements can be made to transfer its registration to another provider.

HostingDelivery does not offer any partial or prorated refunds after the initial 30-day money-back guarantee period.

If you dispute a renewal charge for any account, HostingDelivery will not re-activate the service, unless you cover all fees involved, including the chargeback fee and any other transaction fees.

Accounts terminated due to policy violations will not be refunded

2 WEB HOSTING SERVICES

For the term of the agreement as set forth herein HostingDelivery agrees to provide web hosting services according the plan selected by you upon purchase of your account. HostingDelivery reserves the right to change, amend and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. You agree to receive periodic emails from HostingDelivery in regards to products, services, your account, and system updates.

3 DOMAIN REGISTRATION SERVICES

At your request, HostingDelivery may also acquire a Second-Level Domain Name ("Domain Name"), on your behalf. HostingDelivery will not own or otherwise control any domain name registered on your behalf under this paragraph. HostingDelivery provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against HostingDelivery for any and all damages, losses, claims or expenses arising out of or related to the acquisition, registration and/or use of the Domain Name. Any costs incurred by HostingDelivery to obtain and/or maintain the Domain Name on your behalf shall be charged to you by HostingDelivery under the provision therefore elsewhere herein.

4 ACCEPTABLE USE

HostingDelivery strictly enforces compliance with its acceptable use terms under this paragraph (4) four. You agree to maintain your website in full compliance with the terms set forth below. Failure to so comply is cause for immediate suspension and possible termination under paragraph (8) herein. In addition, any failures to comply will be prosecuted to the fullest extent of the law.

4.1

You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.

4.2

You agree not to cause any harm to minors of any kind or to perform any activity which is likely to cause such harm.

4.3

You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property.

4.4

You may not use HostingDelivery's network, HostingDelivery's equipment or HostingDelivery's e-mail service in connection with the transmission of spam, flames, mail bombs, or similar unsolicited e-mail messages. Your domain may not be referenced as originator, intermediary or reply-to address in any of the above. This prohibition fully extends to sending of unsolicited mailings from another service that in any way mentions your domain name or implicates the use of the HostingDelivery's network, HostingDelivery's equipment or HostingDelivery's e-mail services. A message is considered unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient without his/her prior consent. For purposes of this provision, merely making one's e-mail address accessible to the public will not constitute a request or invitation to receive messages.

In case sufficient evidence is presented about any violation of this provision, HostingDelivery reserves the right to suspend the customer's account without prior notice. For the purpose of acquiring such evidence, HostingDelivery will use various techniques, including but not limited to: closely inspecting all spam reports sent to HostingDelivery's anti-abuse department (abuse@hostingdelivery.com), searching the logs of HostingDelivery's mail servers, and scanning the server space for popular "spamming" applications. HostingDelivery will be the sole arbiter as to what would be considered sufficient evidence.

4.5

You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum.

4.6

You agree not to make or attempt any unauthorized access to any HostingDelivery website or the website of any HostingDelivery customer.

4.7

Materials, accessible to you through HostingDelivery's services, may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when exclusively permitted by the owner of such rights, you may not use HostingDelivery's services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through HostingDelivery's network. If you use a domain name in connection with HostingDelivery's service, you may not use that domain name in violation of any third party trademark, service mark, or similar rights.

4.8

You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express written consent. You shall maintain records of any such written consent throughout the terms of this agreement and for three years thereafter.

4.9

You agree not to undertake any action which is harmful or potentially harmful to the HostingDelivery server structure.

4.10

You agree not to sublease your account, or offer free space to other clients. Our web plans are for single users only.

4.11

You agree not to run a banner exchange, free adult tgp (thumbnail gallery post) and free adult image galleries on your website.

4.12

Each account comes with 1,000 MB of storage. If requesting the additional storage offer at no additional charge, you agree that you must 1) be already utilizing 92% storage capacity with the files being stored directly utilized for the website 2) not be utilizing storage capacity for emails 3) must request the increase in writing to support@hostingdelivery.com and 4) agree to have storage increased in 500 MB increments up to the alloted maximum free storage offer. All requests for additional storage are subject to approval.

5 LICENSE

HostingDelivery pursuant to the terms and conditions set forth herein hereby grants you a non-exclusive, limited, personal, non-transferable license to use the HostingDelivery Web Hosting Service for the term of the agreement as set forth herein.

6 OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY

6.1

It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of HostingDelivery including but not limited to the HostingDelivery customer service and maintenance tools. You acknowledge that all right and title to any such HostingDelivery intellectual property shall remain the sole property of HostingDelivery and that you have no right, title or interest therein. You further agree not to provide access to the HostingDelivery services to any third party. You agree not to assist any third party in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the HostingDelivery Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the HostingDelivery service shall also remain the sole property or HostingDelivery.

6.2

During the term of this agreement you may have access to certain information and materials relating to the HostingDelivery business, customers, software technology and marketing which HostingDelivery treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of HostingDelivery; and (ii) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.

7 TERM

The initial term of this agreement shall be one (1) month with automatic renewal for subsequent additional months after the expiration of the initial term. HostingDelivery reserves the right to accept pre-payment of renewal periods and may from time to time offer financial incentives for such pre-payment. The term of the agreement, however, shall remain one (1) month.

8 SUSPENSION AND TERMINATION

8.1 Suspension

At the sole option of HostingDelivery for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Section 1 (Payment of Fees) and Section 4 (Acceptable Use Policy) HostingDelivery may suspend your account by deactivating any access by you or by web users to any information contained on the HostingDelivery servers related to your account while maintaining the information and data related to your account upon the HostingDelivery servers. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension you will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days the account may be terminated under paragraph 8.2. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.

8.2 Termination

This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the HostingDelivery servers. Such information or data may or may not be made available to you by HostingDelivery after any such termination. This agreement may be terminated either (a) after a period of suspension as set forth in paragraph 8.1 or (b) by either party upon 45 days notice in advance of a renewal period for any reason.

8.3

In the event of termination under paragraph 8.2(a) there will be no refund provided to you.

9 INFORMATION USAGE

You hereby consent and agree that as to any information which HostingDelivery may collect from you and/or maintain with respect to you, including but not limited to your account information, dates of service, usage statistics, site statistics, services purchased, domain name purchases, correspondence to or from HostingDelivery concerning you or your account, or other information which in HostingDelivery sole judgment is reasonable, HostingDelivery may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of HostingDelivery and may include but shall not be limited to (1) compliance with court order or subpoena of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the HostingDelivery Terms of Service or other policies.

10 NOTICE

Any notice under this agreement shall be given by HostingDelivery to you via email at the address provided by you to HostingDelivery at the commencement of this agreement or as HostingDelivery is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so at you Customer Panel.

11 SURVIVAL

Sections 1, 3 through 6, 8, 9, 10, 12, 13, and 15 through 18, inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.

12 WARRANTIES AND LIMITATIONS

12.1

HostingDelivery makes every reasonable effort to maintain operation of the HostingDelivery service however because as many events and circumstances are beyond the control of HostingDelivery, HostingDelivery does not in any way warrant or otherwise guarantee the availability of the HostingDelivery system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of HostingDelivery.

12.2

THE HOSTINGDELIVERY SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

12.3

In general, HostingDelivery has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. HostingDelivery accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. HostingDelivery provides no warrantee for any goods or services which you obtain over the Internet nor the compatibility of any such services with the HostingDelivery system.

12.4

You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.

12.5

THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO HOSTINGDELIVERY IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL HOSTINGDELIVERY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.

13 INDEMNITY

13.1

You agree to fully defend and indemnify and hold harmless HostingDelivery of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of HostingDelivery in any way related to your use of the HostingDelivery service or any portion thereof.

13.2

You agree to fully defend and indemnify and hold harmless HostingDelivery of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the HostingDelivery service or any portion thereof. Choice of counsel remains exclusively that of HostingDelivery

13.3

You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless HostingDelivery of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of HostingDelivery.

14 FORCE MAJEURE

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

15 ASSIGNMENT

This agreement and the rights hereunder is not assignable or transferable except that HostingDelivery may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of HostingDelivery. Any other attempted transfer or assignment of rights hereunder shall be null.

16 SEVERABILITY

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

17 NO AGENCY

Notwithstanding any other provision of this agreement, HostingDelivery is not your agent, partner or joint venturer in any respect.

18 AMENDMENT

HostingDelivery may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the HostingDelivery web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.

19 DISPUTE RESOLUTION POLICY

In case of ownership dispute, HostingDelivery reserves the right to be the sole decision maker in settling the dispute. There are several guidelines, based on which HostingDelivery will decide who is the rightful owner of the disputed hosting account or domain name:

By default, HostingDelivery will grant ownership to the person, who paid for the hosting account. If the purchase was made by credit card , the holder of the respective credit card will be considered the owner. HostingDelivery reserves the right to confirm the identity of the owner by contacting him/her by e-mail or telephone, in the same order of preference.

If the identity of the credit card holder as discussed above cannot be confirmed, HostingDelivery will attempt to determine the owner in other ways, which include but are not limited to investigation of log files, investigation of the content hosted under the respective hosting account or domain name, and investigation of the sequence of annual payments for the disputed service.

In case of death or serious disability of the original owner, that prevent him/her from continuing to manage the hosting account or the domain name purchased, HostingDelivery may grant ownership to another person or organization, if enough proof is presented about the original owner's condition, and based solely upon the investigation that HostingDelivery will undertake about this issue.

HostingDelivery will consider a court decision overruling in case of ownership dispute, and will always comply with such a decision.

20 RESOURCE USAGE

To maintain the integrity of our shared hosting services, we have several special per-user resource limits in place. These include, but are not limited to:

Memory limitations: Customers using shared hosting services will be able to use only a certain portion of the total available memory on the server.

CPU usage limitations: Scripts that take too much real CPU time will be terminated.

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