This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Hosting-essentials.com, (the "Services"). As used in this Agreement, "We" or "Hosting-essentials" means Hosting-essentials.com, and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Hosting-essentials web site.

Client Content Policy:

Client agrees that he will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Hosting-essentials 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 Hosting-essentials 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 Hosting-essentials policy posted on the Hosting-essentials Site.
• contain viruses or other computer programming defects which result in damage to Hosting-essentials or any third party.

Examples of unacceptable content or links:
• Pirated software
• Hacker programs or archives
• Warez sites
• IRC Eggdrops
• Proxy Servers
• NPH-Proxy
• The Anonymizer
• Any Soap Mailers

Certain message boards/forums are not allowed because they use up too many system resources:

• Ultimate Bulletin Board (UBB) - all versions
• Ikonboard - all versions
• YABB
• Invisionboard

Bandwidth Policy:

SPAM Policy:

Hosting-essentials is committed to a zero-tolerance, anti-Spamming 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 Hosting-essentials.com.

We reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. If you have any complaints or comments regarding Spam on our network, please direct them via email to abuseAThosting-essentials.com.

Backup Policy:

Full backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. It is the client's responsibility to maintain local copies of their web content or any other information. The "backup facility" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Hosting-essentials.com, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Hosting-essentials will attempt to recover the data from the most recent archive for a $50.00 fee.

Payment Policies, Fees, Refunds and Terms of Agreement:

Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each predefined intervals following the date the account was established.

If the payment is not paid with in 7 days after due date, we have right to suspend that account. So please update your creditcards or notify us before hand if you have any issues with the payments. It is your responsibility that your recurrent billing will be going smoothly.

Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. We do give refunds for full months unused, should you want to cancel prepaid service. If you decide to cancel after prepayment, you will not receive a refund for the current month in use (We do not give partial months refunds).

If you have prepaid and received a multi-month discount, upon cancellation you will get the refund that doesn't include present month. If you want to cancel the account in the second month after prepayment for three months, You will not get refund for the used and present month.

If cancellation is done by Hosting-essentials due to restrictions violation, there will be no refund. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. Hosting-essentials.com reserves the right to change prices at any time.

Account Cancellation:

You may cancel your account at anytime. To cancel your account, please contact Customer Service at sales@hosting-essentials.com. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Clients Responsibility to secure email confirmation from Hosting-essentials that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of cancellation, this balance must be paid in full before account cancellation.

Account cancellation will be done in the following conditions: If the client's credit card was declined and the client unable to update his credit card, no payments, no response for our emails for a duration of 2 months.

Indemnification Policy:

The parties agree that in no event shall Hosting-essentials 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 Hosting-essentials 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.

Customer agrees to defend, indemnify and hold harmless Hosting-essentials against liabilities arising out of:

• any injury to person or property caused by any products sold or otherwise distributed in connection with Hosting-essentials’s server;
• any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
• copyright infringement and
• any defective products sold to customer from Hosting-essentials’s servers.
• Hosting-essentials shall be the sole judge of what violates this Policy.

Software Policy:

Client agrees to use only properly licensed third party software in connection with Client's use of the Services. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other Definitive Hosting customers. You will be notified in 24 hours about offending cgi script.

DISCLAIMER OF WARRANTY:

THE SERVICES, THE Hosting-essentials SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Hosting-essentials SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. Hosting-essentials 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, Hosting-essentials 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.

LIMITATION OF LIABILITY:

NO EVENT SHALL Hosting-essentials BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE Hosting-essentials SITE OR ANY Hosting-essentials 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 Hosting-essentials’S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).

Important Note:

This Agreement and Hosting-essentials’s policies are subject to change by Hosting-essentials without notice. Continued usage of the Services after a change to this Agreement by Hosting-essentials or after a new policy is implemented and posted on the Hosting-essentials Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Hosting-essentials Site for any changes or additions.