Web Hosting

ACCEPTANCE TO OUR TERMS OF SERVICE

1 APPROPRIATE USE OF THE SERVICES:
Thinkhosted.com 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.

1. 2 CLIENT CONTENT:
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to anythinkhosted.com server in connection with Client's use of the Services which:

Violate any state, federal or foreign laws or regulations; Infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Thinkhosted or any third party; Are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory based on gender, race, age or promotes hate; violate any Thinkhosted policy that the client accepted including, but not limited to Agreements on the Thinkhosted Site and e-mails sent by thinkhosted.com. Contain viruses or other computer programming defects which result in damage to thinkhosted.com or any third party.

1.3 BANDWIDTH:
Client may occupy only the amount of disk space on the thinkhosted.com Server and utilize no more than the network bandwidth that is allotted bythinkhosted.com. Additional fees, specified in the Shared Hosting plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan. Though thinkhosted.com offers Unlimited Bandwidth, thinkhosted.com reserves the right without prior notice to limit
the bandwidth of any customer account if thinkhosted.com feels bandwidth usage is to high. thinkhosted.com reserves the right without prior notice to increase or charge additional fees for the excessive bandwidth usage. thinkhosted.com reserves the right without prior notice to suspend any customer account in compliance to the excessive bandwidth usage. thinkhosted.com reserves the right without prior notice to "limit" bandwidth usage for customers using an excessive amount of bandwidth if no additional fees or charges have been asked. thinkhosted.com reserves the right to without prior
notice bill the customer for the usage of excessive bandwidth. If payment has not been received within' 5 working days, thinkhosted.com reserves the right to suspend the account without prior notice until payment has been received. Read section 2 for payment obligations.

1.4 NO "SPAM" POLICY:
Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at thinkhosted.com, or otherwise, that mentions or reference any domain hosted on thinkhosted.com servers or parked on thinkhosted.com DNS servers. NOTE: THIS POLICY APPLIES TO
VIRTUAL SERVER ACCOUNTS AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined!).

1.5 LICENSED SOFTWARE:
Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

thinkhosted.com will host files of any size but are unable to provide the service to be a mirror for games and or software. Though bandwidth is unlimited when a specific account reaches a questionable limit, we reserve the right to suspend the user account. Web space is used for personal content,
not for other website or company content. thinkhosted.com reserves the right to become cautious of files grater than 5 MB in size. thinkhosted.comreserves the right to delete files greater than 5 MB in size if thinkhosted.com finds them in violation of thinkhosted.com Terms Of Service. thinkhosted.commay or may not contact the customer regarding the deletion of these files.

1.6 BACKUP SERVICES:
thinkhosted.com does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services.

1.7 TERMINATION:
thinkhosted.com reserves the right to refuse service to anyone. thinkhosted.com, in its sole discretion, may immediately terminate this Agreement. This applies to web hosting and web design services rendered by thinkhosted.com

In the event the client breaks this Agreement, Thinkhosted can terminate this agreement without prior notice to Client. A refund may or may not be issued. To report any unacceptable behavior by a third party using the Services, please submit a ticket to abuse at the helpdesk.

1.8 ACCOUNT REGISTRATION AND USAGE AGREEMENT
We reserve the right to suspend the clients account if we notice the use of ilegal content [unlicensed mp3s, movies, music, warez or audult content]
Even though we try our best to monitor each account we cannot guarantee the limitation based on illegal activity.

2. PAYMENT OBLIGATIONS - SERVICE FEES:
Client will be billed according to the Service Client agreed to pay for, either yearly, quarterly or monthly. In the event that automatic rebilling fails, Client will be notified of this. If thinkhosted.com fails to send this notice, Client will not be entitled to a refund or any compensation of any sort. Client shall remit payment to thinkhosted.com by no later than 7 days after the payment due date. thinkhosted.com shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to thinkhosted.com. Certain services carry a set-up fee charged by thinkhosted.com to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to thinkhosted.com and agrees to pay any and all fees incurred by Client. Because the Services are provided on a reoccurring basis, Client will be responsible for Service fees incurred each term regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded.

2.1 DOMAIN NAMES:
If Client chooses to register a domain name(s) through thinkhosted.com, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. thinkhosted.com does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. All domain names purchased through thinkhosted.com have an absolute no refund policy.

2.2 DOMAIN REGISTRATION FOR LIFE:
thinkhosted.com Registration for life means the domain will remain registered [renewed] each year as long as you the customer remain a customer ofThinkhosted Ltd. Upon termination we reserve the right to sell the domain and or allow a buy out if the customer would like to take the domain elsewhere.Thinkhosted Ltd owns the domain and all rights to the domain unless customer chooses to take buyout option.

2.3 WEB DESIGN:
Thinkhosted.com reserves the right to decline pre-sale clients if in it's sole discretion believes the potential project can not be completed in a timely manner based on our current resources at the time of the requested quote. Projects accepted by thinkhosted.com are guaranteed to be completed [design only] unless otherwise specified and agreed upon by both client and thinkhosted.com within 30 (THIRTY) day(s) once both WE, thinkhosted.com, come to an agreement at the time the quote has been accepted.

A 50 (FIFTY) percent deposit is required before design is started. This deposit also applies to any discussion regarding the design after OUR quote has been accepted by the client. This deposit is NON REFUNDABLE and guarantees time spent on the project is not abused if the customer abandons it. WE, thinkhosted.com, in accordance to section 1.7, reserve the right to terminate this agreement if the communication between thinkhosted.com & Client fails to meet our deadline guarantee of 30 (THIRTY) days. Thinkhosted.com, in it's sole discretion past the 30 (THIRTY) day guarantee, may decide if a refund is a feasible option.

2.4 TAXES:
Client will pay and indemnify and hold thinkhosted.com harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

3. CLIENT LIABILITY AND INDEMNIFICATION:
The parties agree that in no event shall thinkhosted.com be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless thinkhosted.com from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

3.1 UPDATED CLIENT BILLING INFORMATION
Client agrees that at all times while being hosted by Thinkhosted.com the billing information located under billing will remain accurate and truthful. Blank information is unacceptable and can result in suspended accounts if not corrected within 60 (SIXTY) days. We thinkhosted.com must abide by our local bylaws and are required by law to retain billing information at all times. If after 60 (SIXTY) days the billing information is not up to date and accurate we may in accordance to section 1.7 suspend and/or terminate the account without notice.

4. TERM, TERMINATION & REINSTATEMENT:
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a pre-specified term basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must contactthinkhosted.com. All cancellation requests must be received by the end of the respective month of cancellation. Sections 3 - 8 shall survive
termination or expiration of this Agreement.

If Client terminates its account, Client shall be allowed to re-instate Client's use of the Services. thinkhosted.com does not guarantee that any data stored by thinkhosted.com will be available. Client shall pay any fees associated with the reinstatement.

5. TELEPHONE SUPPORT
Thinkhosted.com does NOT offer any sort of telephone support. On rare occasion if it is a matter of urgency to speak with one of our web designers or web hosting technical members there will be a 1 (ONE) time fee PER phone call of $35 up front prior to speaking to one of our staff. We have calculated this cost based on an average 2.5 HOUR phone call at a rate of $14/hour.

This strict stipulation allows our business to dedicate it's resources to the technical aspects of web hosting and our web designers to keep on schedule for each project on the table that must meet our 30 (THIRTY) day guarantee to complete each project. Payment for telephone support is NON-REFUNDABLE. Instead we recommend submitting a support ticket at the helpdesk where one of our talented support staff and/or web designers can reply within our 24 hour response guarantee.

6. DISCLAIMER OF WARRANTY:
THE SERVICES, THE thinkhosted.com SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THEthinkhosted.com SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. thinkhosted.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, thinkhosted.com SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

7. LIMITATION OF LIABILITY:
IN NO EVENT SHALL thinkhosted.com BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE thinkhosted.com SITE OR ANYthinkhosted.com PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL thinkhosted.com CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN THE FEES PAID BY THE CLIENT TO thinkhosted.com .

8. MISCELLANEOUS:
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by thinkhosted.com. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to its conflict of law rules. This Agreement and thinkhosted.com policies are subject to change by thinkhosted.com without notice. Continued usage of the Services after a change to this Agreement by thinkhosted.com or after a new policy is implemented and posted on the thinkhosted.com Site or otherwise communicated to Client constitutes your acceptance of such change or policy. We encourage you to regularly check the thinkhosted.com Site for any changes or additions.