MaxHosting Service Agreement

The order or use of any services from MaxHosting.com [hereafter referred to as "MaxHosting"] constitutes agreement to all Terms of this Service Agreement.

1. AGREEMENT

This Service Agreement ("Agreement") is between MaxHosting and you for web hosting, domain name registration, or other products and services offered by MaxHosting. By establishing an account with MaxHosting, you agree to be bound by this Agreement and to use MaxHosting's services in compliance with the terms of this Agreement.

You also acknowledge that you either (i) are eighteen (18) years of age or older and you have legal authority to enter into this Agreement, or (ii) represent a corporation, partnership or other legal entity duly formed (and incorporated where applicable) in good standing and you have the legal authority and power to enter into this Agreement on behalf of such entity. You must provide MaxHosting with a valid credit card, valid debit card or other MaxHosting approved payment methods to use our services, and must have legal authority over the payment method provided.

2. ORDERING SERVICES

Orders for MaxHosting products and services will be processed after we have received payment and we and/or our payment partners have screened the orders for cases of fraud. Your order must include valid contact and payment information which will be used to provision an account in our system.

3. CONTACT INFORMATION

It is your responsibility to provide us with an email address which is not at a domain name you are using for your services with us. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.

If you have a domain name registered with MaxHosting, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. MaxHosting is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.

4. ACCOUNT SECURITY

Upon creation of an account with MaxHosting, you will receive a username, password, and other account information. You may set up or receive additional usernames and passwords as necessary for accessing services provided by MaxHosting, such as your web hosting control panel. You are responsible for maintaining the confidentiality of all passwords related to your services with MaxHosting, and you are responsible for all activities that occur under your password and your account, including purchases and changes made to your products and services. You agree to immediately notify MaxHosting of any unauthorized uses of the account or any other breaches of security. MaxHosting will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will MaxHosting be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. MaxHosting recommends that you use anti-virus, anti-spy and firewall software including appropriate updating of such software.

5. PAYMENT

You agree to supply full payment for the products and services received from MaxHosting, in advance of the time period during which such services are provided. You agree that until and unless you notify MaxHosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of MaxHosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. MaxHosting reserves the right to bill your credit card or billing information on file with us. MaxHosting will charge your credit or debit card on or near your service's expiration date for the purpose of renewing said service. You agree that until and unless you notify MaxHosting of your desire to cancel any or all services received (by the proper means listed in the appropriate section of this Agreement), those services will be billed on a recurring basis, unless otherwise stated in writing by MaxHosting.

In the case where MaxHosting sends a client an invoice for services, full payment must be received on or prior to the due date of the invoice. Any invoice that becomes overdue is subject to a 1.5% monthly late fee and/or an account suspension until the account balance has been paid in full. The late fee is applied in addition to whatever else is owed to MaxHosting for services rendered. Access to the account will not be restored until payment has been received.

It is the customer's responsibility to notify our sales team via email at sales@MaxHosting.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and MaxHosting cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@MaxHosting.com

MaxHosting reserves the right to change its pricing and any other charges at anytime. MaxHosting also reserves the right to change the allowed methods of payment at any time.

6. WEB HOSTING

By purchasing or using any of MaxHosting's web hosting services, including shared and reseller web hosting, you agree to abide by the following terms, in addition to all terms of this Agreement.

a.) Shared Web Hosting Accounts

Unless a web hosting service is designated a 'reseller' service, it is considered a 'shared' service. Shared web hosting accounts include all email hosting packages for the purposes of this Agreement. A shared hosting service is one where a hosted email account or website is placed on the same server as many other sites. These sites share resources, such as RAM and CPU. Shared web hosting services are provided for the sole use of the individual or company listed as the contact on the account. The service, or portions thereof, may not be resold. If you wish to resell web hosting, you must have a reseller account.

b.) Reseller Web Hosting Accounts

A reseller web hosting account allows the client to become a web host himself. Purchasers of resellers accounts may use their accounts to host multiple websites, email accounts, and/or domain names. They may resell those services to clients of their choosing and at pricing determined by the reseller. Resellers are responsible for providing all customer and technical support for heir clients. MaxHosting does not provide support to its resellers' clients. All support requests made to MaxHosting must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Resellers and their clients and the services used by them are governed by the terms of this Agreement. MaxHosting will hold any reseller responsible for any of their clients' actions that violate the law or the terms of service of this Agreement. MaxHosting shall have no obligations to any of the clients of any reseller or former reseller of MaxHosting services.

c.) Resource Usage

When using one of our services, clients are not allowed to:

1. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems. These include: CGI scripts, FTP, PHP, HTTP, etc.
2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6. Participate in any file-sharing/peer-to-peer activities
7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8. Run cron entries with intervals of less than 15 minutes.
9. Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.

MaxHosting clients are strongly recommended to:

1. When using PHP include functions for including a local file, include the local file rather than the full URL. Instead of include("http://yourdomain.com/include.php") use include("include.php").
2. To help reduce usage, do not force html to handle server-side code (like php and shtml).
3. Only use https protocol when necessary. Encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

d.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

e.) Disk Usage

You are allocated a monthly storage allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more disk space is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused disk space in one month cannot be carried over to the next month. Use of our servers prohibits the storage of home computer files, mp3 and other music files that are not related to the website business, disk images, and the storage of software or large video files unrelated to the business. MaxHosting management reserves the sole right to determine if files on its servers fall into one of these categories. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.

f.) Unlimited Usage

The term Unlimited applies to files that are needed to host your website and/or business. This means we will not regularly monitor and put a quota on the amount you use. You do not have unlimited RAM or CPU.

g.) Unacceptable Material

MaxHosting, in order to provide better service to all of its customers, does not allow various material to be stored on its servers or provided by websites on its servers.

Examples of unacceptable material on all Shared and Reseller hosting accounts include:

Pirated Software/Warez
Forums and/or websites that distribute or link to warez/pirated/illegal content
IP Scanners
Sites promoting illegal activities
Hateful/Racist/Harassment oriented sites
Mail Bombers/Spam Scripts
Sale of any controlled substance without prior proof of appropriate permit(s)
IRC Scripts/Bots
Proxy Scripts/Anonymizers
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
Bruteforce Programs/Scripts/Applications
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming
Escrow/Bank Debentures
Bank Debentures/Bank Debenture Trading Programs
High-Yield Interest Programs (HYIP) or Related Sites
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Prime Banks Programs
Lottery/Gambling Sites
MUDs/RPGs/PBBGs
Hacker focused sites/archives/programs
Mailer Pro
Topsites
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

h.) Backup Limit

Any shared account using more than 20 gigs of disk space will be removed from our daily backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

i.) Uptime Guarantee

If the server that hosts your shared or reseller hosting plan has a physical downtime that is not within our 99.9% uptime guarantee, you may receive a credit on your account. Approval of the credit is at the discretion of MaxHosting and is dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. If it is determined that the physical downtime was not within the 99.9% uptime guaranteed, a prorated credit will be issued for the amount of time the server was unavailable. To request a credit, please contact billing@maxhosting.com with detailed justification. All requests must be made in writing via email within thirty (30) days of the end of the month in which the downtime occurred. The uptime guarantee only applies to shared and reseller web hosting solutions.

7. DOMAIN NAMES

a.) Contact Information

You hereby acknowledge and agree that, in connection with your use of MaxHosting's domain name registration services, you are required to provide certain information and to promptly update this information as needed to keep it current, complete and accurate.

The information you are obligated to provide and keep current in connection with your use of MaxHosting's domain name registration services include the following: (i) your full name (or the name of the authorized person for contact purposes, if registration is for an organization, corporation or association), postal address, email address, voice telephone number, and fax number, if available (or if different, that of the domain name holder); (ii) the domain name being registered; and (iii) the name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact. You acknowledge and agree that when you renew a domain name registration through the MaxHosting, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, the registration may not be renewed.

It is your responsibility to provide us with an email address which is not at a domain name you are newly registering with MaxHosting or for which MaxHosting is providing domain name services. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.

If you have a domain name registered with MaxHosting, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) as listed in WHOIS records or with the domain name registrar is correct and up-to-date. MaxHosting is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.

In the event that you provide information about a third party in applying for the registration of a domain name or you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (i) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (ii) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for cancellation of your domain name registration. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to inquiries by MaxHosting concerning the accuracy of contact details associated with your domain name registration will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

b.) ICANN

The Internet Corporation for Assigned Names and Numbers ("ICANN"), oversees the .com, .net, .org, .biz, .info, and .us top-level domains ("TLDs"). By registering a domain name with MaxHosting, transferring a domain name to MaxHosting, or otherwise utilizing MaxHosting's domain name services, you acknowledge that you have read, understood and agree to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all relevant domain name registrations or renewals which can be found at http://www.icann.org/dndr/udrp/policy.htm as may be amended from time to time.

c.) Domain Name Registration

Should you choose to register a domain name with MaxHosting, upon receipt of payment for registration services we will attempt to acquire the selected domain name from a domain name registrar, selected by MaxHosting. MaxHosting's registration and renewal applications processes are not effective until the domain name registration or renewal information you provide MaxHosting is delivered to the registrar administrator, and the registrar administrator puts into effect your domain name registration or renewal.

The registrar will list you as the registrant and administrative contact in connection with your registered domain name, unless you choose another registrant and administrative contact. You hereby authorize MaxHosting to list MaxHosting as the billing contact, technical contact and name server, unless you choose otherwise, in connection with your registered domain name and to take any actions MaxHosting deems appropriate in these capacities.

c.) Domain Name Transfers

Should you choose to transfer a domain name to MaxHosting from a domain name registrar or domain name service provider, upon receipt of payment for transfer and registration services we will attempt to transfer the selected domain name from its current domain name registrar, to one selected by MaxHosting. MaxHosting's transfer application process is not effective until the current registrar releases the domain to the new registrar, and the domain name registration information you provide MaxHosting is delivered to the new registrar administrator, and the new registrar administrator puts into effect your domain name transfer.

The registrar will list you as the registrant and administrative contact in connection with your registered domain name, unless you choose another registrant and administrative contact. You hereby authorize MaxHosting to list MaxHosting as the billing contact, technical contact and name server, unless you choose otherwise, in connection with your registered domain name and to take any actions MaxHosting deems appropriate in these capacities.

d.) No Guarantee of Registration, Renewal, or Transfer

You acknowledge and agree that MaxHosting does not guarantee that you will be able to register, renew, or transfer a desired domain name, even if an inquiry indicates that the domain name is available, since MaxHosting cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration, renewal, or transfer process or related databases, including the various WHOIS databases. You further acknowledge and agree that MaxHosting may elect to accept or reject your domain name application for registration, renewal, or transfer for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration, renewal, or transfer of a prohibited domain name. You also acknowledge and agree that MaxHosting is not liable or responsible in any way for any errors, omissions or any other actions by any registrar administrator arising out of or related to your application for and registration of, renewal of, transfer of, or failure to register, renew, or transfer a particular domain name. MaxHosting is not responsible for any domain names for which you choose not to renew its registration.

e.) The Customer Relationship

By submitting the domain name registration application to MaxHosting, you acknowledge and agree that you are a customer of MaxHosting for purposes of the MaxHosting Domain Name Registration Services. If MaxHosting, at its sole discretion, switches to another registrar of record in connection with the registration of your domain name, MaxHosting, or the gaining registrar may request your authorization for this transfer. If you do not agree to this request within thirty (30) days, you agree that MaxHosting may, at its sole discretion, (i) require you to pay an additional fee to MaxHosting for the domain name registration service in order to renew and maintain your domain name with the prior registrar of record, or (ii) require you to be responsible for all fees, including any renewal fees, directly with the prior registrar of record, in which you will authorize MaxHosting to cease to pay for the domain name renewal fees related to your domain name and change the billing contact details for the domain name from MaxHosting to you by providing you the applicable account information from the prior registrar.

If you are registering, transferring, or modifying a domain name for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You accept liability for harm caused by wrongful use of MaxHosting's domain name services. You agree that if you license the use of a domain name registered in your name to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. As further required by ICANN, you will accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.

f.) Fees

As consideration for MaxHosting's domain name registration services, you agree to pay MaxHosting, upon submission of your domain name application, renewal application, or registrar transfer application to MaxHosting, the then-current fees set forth in the MaxHosting price schedule for such MaxHosting domain name registration service which are set forth on the MaxHosting web site. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then-current registration term. MaxHosting reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

Your domain name application, renewal application, or registrar transfer request will not be submitted to MaxHosting's registrar until MaxHosting receives actual payment of the registration, renewal, or transfer fee, or reasonable assurance of payment of the registration, renewal, or transfer fee from some other entity (such reasonable assurance as determined by MaxHosting in its sole discretion).

In the event of a chargeback by a credit card company or debit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration will be transferred to MaxHosting as the entity that has paid the registration, renewal, or transfer fee, and that MaxHosting reserves all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. MaxHosting will reinstate any such registration solely at MaxHosting's discretion, and subject to MaxHosting's receipt of the applicable registration, renewal, or transfer fee and MaxHosting's then-current reinstatement fee.

g.) Renewals

One week prior to the domain name registration renewal date, MaxHosting will automatically renew your domain name registration for one year at the then-current renewal fee, charging the original credit card or debit card you used to register your domain name. If you wish to change your billing information, you must do so by contacting MaxHosting at least thirty (30) business days before your domain name registration expires, otherwise your original credit card or debit card will be billed. If your original credit card or debit card has expired or is otherwise invalid, you must contact MaxHosting to provide us with a valid credit card, debit card or some other reasonable assurance of payment (the latter to be determined by MaxHosting at its sole discretion). You acknowledge and agree that you authorize MaxHosting and that MaxHosting does not need to obtain any additional authorization from you for any recurring payments, automatic billing options or updated credit card or debit card information provided by your credit card company or debit card company to MaxHosting.

However, if you do not provide MaxHosting with valid billing information or other assurance of payment before your domain name registration expires or if your credit card company or debit card does not provide MaxHosting with your updated credit card/debit card information and your old credit card/debit card expired, your domain name registration will not be renewed.

h.) Suspension, Cancellation, and Transfer

You acknowledge and agree that MaxHosting may suspend, cancel, transfer or modify your use of the MaxHosting domain name registration services at any time, for any reason, in MaxHosting's sole discretion. You also acknowledge and agree that MaxHosting may suspend, cancel, transfer or modify your domain name registration if (i) you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by MaxHosting, (ii) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or (iii) you use your domain name in connection with unlawful activity.

You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN-adopted policy, (iii) any registrar procedures, or (iv) any other ccTLD registry administrator procedures. You also agree that MaxHosting will have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as MaxHosting receives (i) a properly authenticated notification from a court of competent jurisdiction, or (ii) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.

If you inform MaxHosting that you do not want MaxHosting to renew your domain registration, then the domain name registration will just continue until the end of the registration period. You may renew it yourself or transfer the domain name registration to another registrar. MaxHosting will only authorize transfers of your domain name to another registrar made on your behalf if all outstanding fees associated with the domain name have been paid to MaxHosting and your account is in good standing.

i.) Your Representations

By applying to register, maintain or renew a domain name registration, you hereby represent and warrant that (i) the statements that you make in connection with such application are complete and accurate and your contact information will be kept current; (ii) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (iii) you will not use the domain name in violation of any applicable laws or regulations., and (iv) you will respond in a timely manner to any communications from MaxHosting or its selected registrar in connection with the domain name registration.

j) Domain Name Revisions and Additions to this Agreement

You acknowledge that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that MaxHosting may modify this Agreement, as well as any additional rules or policies that are or may be published by MaxHosting, as necessary to comply with any ICANN-accepted policy, or with any other agreements that MaxHosting is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of any domain name registered through MaxHosting will constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by MaxHosting, each with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be canceled or transferred to a different domain name registrar. You acknowledge and agree that such cancellation or request for transfer will be your exclusive remedy and MaxHosting's sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by MaxHosting.

8. USE OF SERVICES

You agree to use the MaxHosting domain registration and web hosting service only for lawful purposes. You agree and warrant that that the content on your web site and transmission of any data from your web site (i) will not violate any federal, state, local or foreign laws, rules or regulations, and (ii) will not violate the rights of any person, group or entity including the intellectual property rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not licensed to you. You will not use the network resources of MaxHosting to impersonate another person or misrepresent authorization to act on behalf of others or of MaxHosting. Any emails sent in connection with your web site must correctly identify the sender.

You will not attempt to undermine the security or integrity of MaxHosting's servers or networks including, but not limited to, port scanning, vulnerability probing or denial of service attacks of any kind on MaxHosting's networks and servers. In addition, running excessively CPU intensive CGIs such as IRC bots and utilities, Bit Torrent clients, and any application that acts as a server and listens for inbound network connections are prohibited from running on MaxHosting's servers. Software that acts as a proxy server/scripts also is not permitted. If your processes are adversely affecting server performance, MaxHosting reserves the right to terminate and disable the offending processes even if such action causes disruption to your web site. MaxHosting restricts run time of any customer's CGI process to five minutes.

Using the MaxHosting Web Hosting Service to send unsolicited bulk emails or usenet postings (spam) are also prohibited. Engaging in activities pertaining to Black Hat SEO, spandexing and so-called "scraper sites" are prohibited. MaxHosting reserves the right to disable any portion of your web site if MaxHosting determines, at its sole discretion, that your web site is being used for spamming, hacking or any other type of illegal activity.

9. TERM OF THIS AGREEMENT

The effective date of this Agreement begins on your account billing start date, which is normally the date services are ordered, and is indicated on your first invoice. This Agreement continues until either MaxHosting or you terminate all of your MaxHosting services.

MaxHosting reserves the right to change prices of your services upon thirty (30) days written notice prior to the effective date of such new pricing. MaxHosting reserves the right to change any of the features, content or applications of the MaxHosting web hosting services at any time with or without notice to you. Current MaxHosting prices and features may be obtained by visiting the MaxHosting web site located at www.maxhosting.com or by calling (888) 629-9321.

MaxHosting may terminate this Agreement, your password, your account, or your use of the MaxHosting web hosting or domain registration services for any reason, including, without limitation, if MaxHosting, in its sole discretion, believes you have violated this Agreement, or if you fail to pay any charges when due. Termination notice will be by email or U.S. Mail to the address you provided when subscribing to the MaxHosting service. Sections 5, 10, 11, 12, 13, and 14 of this Agreement will survive termination of this Agreement.

10. CANCELLATION

To cancel your MaxHosting web hosting, email hosting, domain name registration Service, or other products or services, you must do one of the following: (MaxHosting does not accept cancellations by email)

By Phone: 1-888-629-9321.

By Fax: Please include your account number and a current phone number and fax to 716-204-1197.

By Mail: Send registered or certified mail, return receipt requested to:
MaxHosting
Cancellations Dept
170 Lawrence Bell Dr.
Suite 110
Buffalo, NY 14221

MaxHosting reserves the right to request information from the caller or sender to prove he or she is authorized to modify or cancel services. Once a cancellation request is received and confirmed to be valid, web hosting, DNS, and email services will be cancelled on their next monthly anniversary date. Domain name registration, secure certificates, and other annual non-web hosting purchases will be set to expire on their next anniversary date.

If you cancel by one of the prescribed methods listed above and are mistakenly billed again, MaxHosting will refund any erroneous charges upon proof of cancellation.

Upon any termination by you, MaxHosting will permit you to download or otherwise copy electronic materials, data, and files comprising your web site, as well as any emails residing on MaxHosting's servers until the end of the nearest billing cycle. However, you may request immediate removal of such information. MaxHosting will try to satisfy your request but will not be under an obligation to do so. MaxHosting will not be liable for such deleted content and data. MaxHosting reserves the right to retain certain technical information about your web site such as logs and statistics for a period of time as needed for technical and regulatory reasons. Any server logs generated by or in connection with your web site will remain property of MaxHosting.

Upon termination by MaxHosting under its sole discretion, MaxHosting may immediately remove all of your data and information from MaxHosting's servers and you will have no right to copy or download such data or information, and, in such event, all such information and data, including all copyrighted or copyrightable materials therein, will then become the property of MaxHosting. In cases where your account has been cancelled, and you are requesting reactivation, MaxHosting, at its option, may reactivate the account.

11. REFUNDS

All set-up fees, if applicable, are nonrefundable and MaxHosting does not issue refunds or credits for domain name registration, domain name transfer, and secure certificate fees. For any account whose web hosting or email services are cancelled, and where the account is in good standing and not in breech of this Agreement, the following applies: If the web hosting or email services being cancelled are prepaid for more than one month upon the date cancellation received, a pro-rated credit will be applied to the customer's MaxHosting account in full-month increments. A credit will not be issued for any portion of the current month's service period. If MaxHosting waived the registration fee of your domain name and you cancel your associated web hosting or email services, then MaxHosting has the right to charge you for such domain name registration fee.

Once any credit has been applied to your account, if no services remain active on the account, and no balance is due, a refund of any negative balance will be issued to the customer. If the services were paid for using a credit card, the refund will be issued to the same credit card that was initially charged, regardless of whether or not a different credit card is now on file.

12. DISCLAIMERS AND INDEMNIFICATION

a.) Use of Information

MaxHosting may disclose personal information regarding your use of the MaxHosting domain name registration services, web hosting services, or other products or services for any reason if, in its sole discretion, MaxHosting believes that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating this MaxHosting Agreement; to operate the MaxHosting domain name registration services properly; or to protect MaxHosting.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of MaxHosting domain name registration services (including any updates to such information), whether during or after the term of your registration of a domain name or other services. MaxHosting will only provide its registrar with that information necessary to process your domain name registration. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you by MaxHosting.

b) Limitation of Liability

YOU AGREE THAT MAXHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENT COMPANY, AGENTS, SUPPLIERS AND CONTRACTORS ("THE MAXHOSTING PARTIES") WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (I) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION OR WEB HOSTING SERVICE, (II) USE OF YOUR DOMAIN NAME REGISTRATION OR WEB HOSTING SERVICE, (III) INTERRUPTION OF BUSINESS, (IV) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (V) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (VI) EVENTS BEYOND MAXHOSTING'S REASONABLE CONTROL, (VII) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, OR (VIII) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. THE MAXHOSTING PARTIES ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE MAXHOSTING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ANY ONE OF THE MAXHOSTING PARTIES' MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE MAXHOSTING DOMAIN NAME REGISTRATION OR OTHER SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE MAXHOSTING PARTIES' LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

c) Indemnification

You agree to defend, indemnify and hold harmless the MaxHosting Parties for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand related to (i) your use of the MaxHosting Domain Name Registration Services, including, but not limited to, your application for registration, registration, or renewal of any domain name registered in your name, (ii) any domain name registered in your name, (iii) your purchase or use of MaxHosting's Web Hosting Services or other related products and services. You additionally agree to indemnify, defend and hold harmless the MaxHosting Parties from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name, or use of any other product or service provided by MaxHosting. These indemnification provisions are in addition to any indemnification required under the UDRP or any similar policy.

You agree to notify MaxHosting of any claim or potential claim against your domain name, including, but not limited to, the initiation of a dispute under UDRP, within five (5) business days of same. In the event that you lose your right to use a domain name used in connection with the MaxHosting Web Hosting Services, whether through expiration of the domain name, judicial decree, administrative decisions of the UDRP or otherwise, you agree to inform MaxHosting immediately and, if applicable, inform MaxHosting of the party to whom the domain name is to be transferred and to authorize MaxHosting to take any and all action necessary to effect such transfer.

d) Warranties

THE MAXHOSTING DOMAIN NAME REGISTRATION, WEB HOSTING, AND EMAIL SERVICES ARE PROVIDED TO YOU "AS IS." MAXHOSTING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE MAXHOSTING DOMAIN NAME REGISTRATION, WEB HOSTING, AND EMAIL SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING. MAXHOSTING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.

13. DISPUTE RESOLUTION

This Agreement is governed by New York law without regard to conflict of law provisions.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by New York law. The arbitrator will be an expert in the field of Internet services and will be bound by the terms of this Agreement.

The arbitrator's award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any customer seeking arbitration pursuant to this Agreement will pursue such arbitration on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding. There will be no class action arbitration pursuant to this Agreement.

Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over your domain name registration through the MaxHosting Domain Name Registration Service, this Agreement is governed as stated above. Notwithstanding the foregoing, for the adjudication of disputes concerning or in connection with your domain names registered hereunder, you acknowledge and agree that you will submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts where MaxHosting's headquarters are located which is currently in Williamsville, New York.

14. CHANGES TO THE AGREEMENT

MaxHosting may revise, amend, or modify the Agreement at any time and in any manner. Notice of any revision, amendment, or modification will be posted on the MaxHosting Web site located at http://www.maxhosting.com/ and/or by email and/or in mailings to you. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of MaxHosting. By continuing to use the MaxHosting web hosting service or the MaxHosting domain name registration service or other services after the applicable amendments are effective, you accept and agree to abide by them.

ICANN Registrant Rights and Responsibilities