Terms of Service This policy represents the CAT5 Hosting Solutions Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all CAT5 Hosting Solutions customers agree to when they sign-up for any of the CAT5 Hosting Solutions web site hosting services. CAT5 Hosting Solutions reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers. Customers using any services offered by CAT5 Hosting Solutions agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with CAT5 Hosting Solutions. CAT5 Hosting Solutions retains the sole discretion to make judgment regarding any violation by any CAT5 Hosting Solutions customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund and/or, if deemed appropriate, be legally prosecuted. General Provisions In consideration for CAT5 Hosting Solutions maintaining one or more accounts (each "Account"), you, as the CAT5 Hosting Solutions customer, agree to the following terms of service. Definitions "We" "Us" or "Provider" or "CAT5 Hosting Solutions." "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for internet service or is a designate of anyone who applies for internet service. Disclaimer of Warranty The Internet and web site hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times. CAT5 Hosting Solutions however, offers a 99.9% uptime guarantee. This is valid for only the CAT5 Hosting Solutions servers and our primary co-location internet connection. CAT5 Hosting Solutions shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, CAT5 Hosting Solutions is not responsible for any down time caused by any provider’s hardware or network malfunction which is outside of CAT5 Hosting Solutions capability to directly correct. CAT5 Hosting Solutions clients are diverse and their web sites and the function of those web sites are diverse and CAT5 Hosting Solutions cannot be held responsible for any service interruption due to client's error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack. CAT5 Hosting Solutions MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither CAT5 Hosting Solutions nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of CAT5 Hosting Solutions, even if CAT5 Hosting Solutions has been advised to the possibility of such damages. Limitation of Liability IN NO EVENT SHALL CAT5 HOSTING SOLUTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE CAT5 HOSTING SOLUTIONS. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF CAT5 HOSTING SOLUTIONS SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CAT5 HOSTING SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CAT5 HOSTING SOLUTIONS. MAXIMUM LIABILITY EXCEEDS THE TOTAL AMOUNT PAID BY YOU TO CAT5 HOSTING SOLUTIONS FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, CAT5 HOSTING SOLUTIONS. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW Indemnification You agree to indemnify, defend and hold CAT5 HOSTING SOLUTIONS and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto CAT5 HOSTING SOLUTIONS servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to CAT5 HOSTING SOLUTIONS. equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by CAT5 HOSTING SOLUTIONS gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business. CHOICE OF LAW This Agreement shall be interpreted under the laws of the State of New York without regard to any conflict of law provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venue in the Superior Court of the State of New York, County of Monroe. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue. Services Provided by CAT5 Hosting Solutions CAT5 Hosting Solutions will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows CAT5 Hosting Solutions members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. CAT5 Hosting Solutions members will use the provided services in a manner consistent with any and all applicable laws. CAT5 Hosting Solutions 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. CAT5 Hosting Solutions reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, CAT5 Hosting Solutions can terminate client's account without notification. CAT5 Hosting Solutions provides timely web site hosting support to our clients through emails, chat and phones. By accepting your client contract agreement with CAT5 Hosting Solutions You agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of CAT5 Hosting Solutions and any employee or contractor of CAT5 Hosting Solutions. a. Client Content: Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of CAT5 Hosting Solutions or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to CAT5 Hosting Solutions or any third party. Customers may not run IRC, bots or clients. Clients may not use CAT5 Hosting Solutions servers for file storage unrelated to the client's web site, storage Space is for active web site file pages only. CAT5 Hosting Solutions' shared hosting account holders may not act as a reseller, which means that clients may not host any web sites in their add-on domains that are not domains owned by the client on record at CAT5 Hosting Solutions. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing web sites. CAT5 Hosting Solutions will be the sole and final arbiter as to what constitutes a violation of this policy. CAT5 Hosting Solutions does not normally monitor the contents of clients servers, however if suspicion occurs, CAT5 Hosting Solutions reserves the right to investigate and terminate the clients subscription to the service. b. Unlimited Features: What do you mean by "unlimited disk space and bandwidth/data transfer" We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked "Unlimited". We want you to have the resources available to you to build a great online presence. Even though we want you to succeed, we need to ensure that we're providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business web site. If a customer's hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice. c. Excessive Resource User Policy: Resources are defined as bandwidth, memory and/or processor utilization. CAT5 Hosting Solutions offers a shared web hosting service in which environment customers may share resources with other customers; therefore it is imperative that CAT5 Hosting Solutions control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A website is considered using "Excessive amounts of resources" when it monopolies the resources available using 8% or more of system resources for longer than 60 seconds. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. Any site that consumes over the account limit of bandwidth is also considered an "excessive resource" user. In the event of excessive resource usage CAT5 Hosting Solutions may act in the following manner: if the excessive usage may cause a disruption of service to any other customer, CAT5 Hosting Solutions may suspend that customer’s account prior to notify that customer, CAT5 Hosting Solutions may also contact the excessive usage customer prior to taking any action if CAT5 Hosting Solutions feels that the excessive usage will not interfere with the service of any other customer. Client suspensions prior to notification by CAT5 Hosting Solutions is rare and is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using "excessive resources" may be asked to upgrade his/her package to one of our dedicated server packages to reduce their excessive usage utilization in the future. CAT5 Hosting Solutions will be the sole and final arbiter as to what constitutes a violation of this policy. d. No "Spam": UCE/UBE or "Spam" originating from a server located on our network or associated with a CAT5 Hosting Solutions server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the CAT5 Hosting Solutions network but is sent from an e-mail address not associated with that CAT5 Hosting Solutions account. Client shall not use their CAT5 Hosting Solutions services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. CAT5 Hosting Solutions reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. e. Excessive Exploits CAT5 Hosting Solutions allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren't included in the auto-installer) on your web hosting account. It is the responsibility or our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to "hack", "exploit", "deface" their site(s) it is the responsibility of our clients to either remove that script or CAT5 Hosting Solutions reserves the right to terminate that clients' account and provide them with a prorated refund. f. False Information: Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact CAT5 Hosting Solutions concerning unethical, false or unlawful activities by you, CAT5 Hosting Solutions reserve the right to suspend or terminate your service with or without notice. g. Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services. h. Back-Up Files: CAT5 Hosting Solutions provides the tools needed to create backups of account data. It is the responsibility of the customer to keep up-to-date archives of their backed up data. CAT5 Hosting Solutions does not back-up, or keep records or copies of our clients web site files and is not responsible for any loss of data. Payment, Renewal, Cancellations • Payment Obligations: Full payment is required in advance before hosting service is established. CAT5 Hosting Solutions sends out invoices that are due every pay period. You are given fifteen (30) days to fully pay the invoice. You warrant and represent that the information you supply in the Order Form (or other information that CAT5 Hosting Solutions may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment is not received for 5 days past the due-date, your account will be suspended and a $25.00 fee will be added to your invoice and must be paid before your account is re-activated. If your account remains unpaid for 7 days past the suspension date, your account will be marked for deletion and a final notice sent. If after 3 days after deletion note that account remains unpaid, the account will be terminated and removed from our severs without any backup being obtained. It is the client’s responsibility to ensure that payment is made to CAT5 Hosting Solutions prior to the renewal date and although CAT5 Hosting Solutions sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying CAT5 Hosting Solutions, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal. • Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to CAT5 Hosting Solutions thirty (30) days before the renewal date that you do not wish to renew or make changes to such account. Cancellation & Refunds: Should you become dissatisfied with our services within the first 30 days of your account activation, CAT5 Hosting Solutions will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after 30 days of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed as long as you provide a 30-day notice of cancellation per our cancellation policy. Accounts in which a 30-day notice is not provided will continue to be billed at the regular rate (minus any discounts) until which time a cancellation notice is submitted on our website and you are assigned a cancellation ticket notice. You will need to contact customer.service@cat5hosting.com and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances at the time of cancellation will be sent to collections and all services will be terminated, including domain registrations. If your account is sent to internal or external collections, a fee of $250 will be assessed on the account plus any attorney fees should court intervention be required. An account maintenance fee of $100/month will also be assessed for each month your files remain on our servers. If an account has a balance when transferred away from CAT5 Hosting Solutions, you agree to allow CAT5 Hosting Solutions to transfer the domain back to our servers with or without your consent and block the domain and/or website and email service until full payment is received. You also hereby agree to pay any legal fees to CAT5 Hosting Solutions we incur should any court intervention be required. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are $12.95/yr. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves CAT5 Hosting Solutions hosting service within the 30 day money back guarantee. If a customer leaves our service after receiving a free domain promotion offer a domain release fee of $75 will be due to release domain for transfer to new hosting provider. 99.9% Service Level Agreement "SLA" CAT5 Hosting Solutions offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. CAT5 Hosting Solutions will try to maintain maximum uptime. CAT5 Hosting Solutions is not responsible for any downtime caused by the client. 30-Day Money Back Guarantee CAT5 Hosting Solutions offers an unconditional 30-day money back guarantee that covers cancellations of a web hosting account made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees or domain name costs which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations are also non-refundable.Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are $12.95/yr. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves CAT5 Hosting Solutions hosting service within the 30 day money back guarantee. If a customer leaves our service after receiving a free domain promotion offer a domain release fee of $75 will be due to release domain for transfer to new hosting provider. Any questions regarding the 30-day money back guarantee should be forwarded to customer.service@cat5hosting.com