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CUSTOMER SERVICE AGREEMENT

This is an agreement between you and Hosting4sme  Hosting regarding your use of Hosting4sme 's computer, interactive information, communication and server management service. This Agreement governs the terms and conditions under which Hosting4sme  makes the services offered by Hosting4sme  available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the " Hosting4sme  " web hosting or similar services. Under this Agreement, you must comply with Hosting4sme 's then current "Acceptable Use Policy," as updated from time to time by Hosting4sme , which can be viewed at : http://www.Hosting4sme.co.uk/terms.html

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

1. Hosting4sme  will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.

2. Hosting4sme 's services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Hosting4sme  expressly disclaims any representation or warranty that the Hosting4sme  services will be error-free, secure or uninterrupted. No oral advice or written information given by Hosting4sme , its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.

3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Hosting4sme , with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Hosting4sme  based upon the severity of the violation. Hosting4sme  reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of Hosting4sme 's then current Acceptable Use Policy, in the sole and absolute opinion of Hosting4sme . Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless Hosting4sme  from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by Hosting4sme , (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.

4. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that Hosting4sme  reserves the right to change the specified rates and charges from time to time.

5. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. Hosting4sme  will not change passwords to any account without proof of identification, which is satisfactory to Hosting4sme , which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Hosting4sme  will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Hosting4sme  be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Hosting4sme  from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.

6. The Account Holder agrees not to harm Hosting4sme , its reputation, computer systems, programming and/or other persons using Hosting4sme 's services. Hosting4sme  reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by Hosting4sme  are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it's website. Hosting4sme  will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then Hosting4sme  has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless Hosting4sme  and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by Hosting4sme  The terms of this Section will survive any termination of this Agreement.

7. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Hosting4sme .

8. If the Account Holder sells or resells advertising or web space to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. Hosting4sme  has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Hosting4sme  Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by Hosting4sme , Hosting4sme  may terminate the services being provided to the Account Holder.

9. Hosting4sme  will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Hosting4sme  be liable to the Account Holder for any damages resulting from or related to any failure or delay of Hosting4sme  in providing access to the Internet under this Agreement. In no event shall Hosting4sme  be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Hosting4sme  under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.

10. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Hosting4sme  account may not be transferred without prior written approval from Hosting4sme . The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the Hosting4sme  services, including any damages resulting there from, until the Account Holder notifies Hosting4sme 's customer service.

11. If Hosting4sme  assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the Hosting4sme  services, the right to use that Internet Protocol address will remain with and belong only to Hosting4sme , and the Account Holder will have no right to use that Internet Protocol address except as allowed by Hosting4sme  in its sole and absolute discretion.

12. This Agreement constitutes the entire agreement between the Account Holder and Hosting4sme  with respect to the Hosting4sme  services and supersedes all prior agreements between the Account Holder and Hosting4sme . Hosting4sme 's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.

13. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in Detroit, MI. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

14. The Account Holder agrees to indemnify and hold Hosting4sme  harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Hosting4sme  will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.

15. Hosting4sme  may include the Account Holder's name and contact information in directories of Hosting4sme  service subscribers for the purpose promoting the use of the services by additional potential clients. However, Hosting4sme  is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.

16. The interpretation and enforcement of this Agreement shall be governed according the laws of England (United Kingdom).   The terms of this Section will survive any termination of this Agreement.

17. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.

18. Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Hosting4sme  has been forced to create its no adult sites policy for its virtual server users.

19. Virtual account holders can receive a refund if account is cancelled within the initial 30 days after sign up. Reseller account holders can receive a refund if account is cancelled within the initial 7 days after sign up. If the account holder cancels after the time period specified, there will be no refund given.

20. Hosting4sme  may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

21. If an account holder's account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full.

22. If an account holder charges back for services rendered, a 20.00 charge back fee will be added to the amount charged back by the customer.

23. If an account holder's account is overdue for 90 days, the account will be handed over to an outside collection agency. At that time the account holder will incur a 100.00 collection fee added to the balance previously due.

24. If an account is found to be in violation of the terms of service it will be terminated immediately and all payments forfeited.

25. For closed accounts there is a 10.00 per incident charge for all inquiries regarding previous services and or support.

26. SLA credits. 1 Day per 1 hour of down time if the server does not maintain 99% uptime per month not to exceed 30 days of credits.

 

What does Hosting4sme  consider "Adult Material?"

Any site whose revenue is gained in part or whole from its adult content.

Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.

Revenue-generating hyperlinks to sites who violate policy #1.

 

 

 

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