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I N F O S T A T I O N

Terms and Conditions, Policies and Legal Information

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 Power House Hosting (the "Services"). As used in this Agreement, "Power House Hosting" means Power House Hosting.net 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 Power House Hosting site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Power House Hosting Site" refers to the Site located at the URL http://www.PowerHouseHosting.net or any other successor Sites owned or maintained by Power House Hosting.

Guarantee/Refund Policy
Privacy Policy
Referral Program
Adult Content
Acceptable Use Policy
UCE Spam Policy
Resource Abuse Policy
Banned Scripts
Copyright Infringement
Illegal Activities
Misc. Other

Domain Name Policies
COM/NET/ORG Exhibit A
ICANN Policy
CN Exhibit A
CA Exhibit A
US Exhibit A
INFO Exhibit A
BIZ Exhibit A
DE Exhibit A
UK Appendix A of the UK Server Access Licence Contract
UK Nominet Terms and Conditions

Sample Web Design Contract

1. APPROPRIATE USE OF THE SERVICES.
Power House Hosting 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.

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 any Power House Hosting 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 Power House Hosting 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 Power House Hosting policy posted on the Power House Hosting Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
  • contain viruses or other computer programming defects which result in damage to Power House Hosting or any third party.


Bandwidth. Client may occupy only the amount of disk space on the Power House Hosting Server and utilize no more than the network bandwidth that is allotted by Power House Hosting. Additional fees will be charged for exceeding the disk space and/or network bandwidth allowance of the Hot Wired Hosting plan. Overages are determined and billed Quarterly. Additional Space costs 10$ per month for an additional 50MB. Additional bandwidth costs 10$ per month for an additional 1GB. Client should initiate an upgrade of service if overages are an ongoing issue.

No "SPAM". 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 Power House Hosting, or otherwise, that mentions or reference any domain hosted on Power House Hosting servers or parked on Power House Hosting DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR RESOLD ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined).

Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Back-Up Files. Client will have the ability to reinstate files which are automatically archived by Power House Hosting; however, Power House Hosting 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. Backup capability is available through the Client’s Control Panel.

Termination. Power House Hosting reserves the right to refuse service to anyone. Power House Hosting, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact .

2. PAYMENT OBLIGATIONS
Service Fees. Power House Hosting shall deliver by e-mail an invoice to Client in accordance with the applicable Service fees for services rendered for the current month/quarter. Where an invoice is delivered to Client, Client shall remit payment to Power House Hosting by no later than 10 days after the specified payment due date. Power House Hosting shall be entitled to immediately terminate this Agreement and/or charge a late payment fee in the amount of $10 for Client's failure to make timely payments to Power House Hosting. Certain services carry a set-up fee charged by Power House Hosting 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 Power House Hosting and agrees to pay any and all fees incurred by Client. Because the Services are provided and pre-paid on a quarterly basis, Client will be responsible for Service fees incurred each month 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. If Client has retained the Services for one 3 months and has pre-paid Power House Hosting for such Services, refunds will be issued for any unused full month portions less one month of the Services upon Clients request. Therefore, if Client's account is cancelled at any point during the 3 month billing cycle, Client will be entitled to a refund for all but one of the full months remaining after notice given by the 25th of the preceding month. The are no refunds on setup fees.

Domain Names. If Client chooses to register a domain name(s) through Power House Hosting, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s), except in cases where a free domain name is provided with a hosting order.

REFUNDS:
Power House Hosting does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. Power House Hosting does not guarantee successful registration or renewal of domain names. For non successful registrations we give full refund.

WE DO NOT REFUND CHANGE OF MIND AFTER A DOMAIN HAS BEEN REGISTERED.

3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Power House Hosting 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 Power House Hosting 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.

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 month-to-month 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 follow instructions for cancellation provided on the Server Cancellation Information page. All cancellation requests must be received by the end of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. 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 within Seven (7) business days of cancellation. Client shall pay a fee of Fifty Dollars ($55) prior to any re-instatement of Client's account. Once payment has been received, Client's account will be activated within Forty-Eight (48) business hours. Power House Hosting will maintain an archival copy of Client's Web site for Seven (7) days after Power House Hosting receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.

5. TAXES
Client will pay and indemnify and hold Power House Hosting 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.

6. DISCLAIMER OF WARRANTY
THE SERVICES, THE POWER HOUSE HOSTING SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE POWER HOUSE HOSTING SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. POWER HOUSE HOSTING 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, POWER HOUSE HOSTING 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 POWER HOUSE HOSTING BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, DOMAIN NAMES, PROFITS, USE OF THE POWER HOUSE HOSTING SITE OR ANY POWER HOUSE HOSTING 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 POWER HOUSE HOSTING CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).

8. MISCELLANEOUS
Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.

If to Power House Hosting:

9808 South 239th East Ave.
Broken Arrow, OK 74014

If to Client:
Name and address provided for account setup.

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

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