HOSTAWAY.NET AGREEMENT AND TERMS OF SERVICE

Agreeing to HostAway Acceptable Use Policy and Terms of Service is mandatory for Hosting signing up or using our services. Please make sure you read and adhere to the following: Acceptable Use Policy Introduction During the term of his/her web hosting agreement with HostAway.net, Customer must ensure that the use of any quality web hosting resource offered to Customer or owned or controlled by HostAway.net ("Service") conforms with HostAway.net's then current Acceptable Use Policy ("AUP"). HostAway.net may modify, without prior notice, the AUP as HostAway.net deems appropriate. Such modified AUP is effective upon posting on HostAway.net's website.

Monthy Payments: When creating an account with a credit card payment you authorized HostAway.net to charge your card each month. Charges will cease the following month after your account is canceled. No partial refund is given if an account is canceled in the middle of a payment cycle.

30 Day Money Back Guarantee: The first 30 days of service are backed by a no questions asked money back guarantee. Feel free to test our our service for the first 30 days and make sure it is right for you.

Bandwidth: Customer may exceed monthly bandwidth included with the web-hosting package. If bandwidth is exceeded customers will be notified so their account can be upgraded.

Responsibility: You are responsible for your sites and all sites that you host to be in accordance with all rules on this page. Misuse by you may result in termination of your account.

Inappropriate Use: The Web Hosting Service must not be used to publish, post, distribute or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, or fraudulent information and materials, or proprietary, copyrighted, or otherwise intellectually protected information and materials for which Customer does not have authorization or authority to possess or distribute. The Service must not be used to request unlawful services or materials. The Service must not be used for activities HostAway.net deems to impact its customers or its ability to deliver services to its customers. Such activities may include, but are not limited to: Obscene Speech or Materials The distribution of child pornography or any abusive, defamatory or threatening speech or material.

Intellectual Property Infringement: Any activity infringing on the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents.

Spamming: Sending unsolicited commercial bulk email ("UCE"), news postings or chain letters, advertising transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate sending UCE, use of web pages that allow "spam"ing (known as "ghost sites") that directly or indirectly refers to domains or IP addresses hosted by HostAway.net. HostAway.net reserves the right to determine in its sole discretion what constitutes UCE based on the information available. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Customers may only send email to recipients who have joined mailing lists directly from their web site. If any customer does participate in Spamming and it results in getting any of our IP address blacklisted said customer would be held financially liable actions needed to get removed from said blacklist. Customer will also be financially responsible for any damages incurred by HostAway due to having been blacklisted. This includes any legal fees incurred. Maintaining an Open Email Relay Allowing email to be sent through Customer's system by a third party (i.e. neither to nor from Customer or Customer's accounts).

Fraud: Using a false identity, using pyramid/ponzi scheme, storage or transmission of any intentionally incorrect data or packet. Virus, Worm, or Trojan horse program distribution The deliberate transmission of computer viruses, worms or trojan software. Denial of Service Using any technique to intentionally degrade or disable the delivery of any legitimate data.

Unauthorized Access: Attempting to gain unauthorized entry to any site or network, or any network or host scanning, probing, monitoring or other information gathering associated with such activity; using the Service to guess passwords. Customer will be held financially responsible for any damages incurred for unauthorized access to HostAway services.

Applications: Customer may not run any program or script on the server that runs constantly or 'listens' on ports. This includes applications associated with live chat services. Customer is responsible for security related to any applications or scripts they run. If a customer's application or script results a compromise of the server they will be held financially responsible for all damages incurred and/or business lost as a result.

Public Forums: Inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and any other public forum on, or using, the Service. Customer Responsibilities

Bulk Email: Customers may not send bulk email of any type other than email to their own subscribers. Safelists or any other rented or purchased lists are not allowed. The email subscriber must have joined your list from your site. Customer must include the source of the addressee's address in each email message.

CPU Usage: Sites may not use extreme unwarranted CPU usage. This includes usage of "heavy" scripts or Flash/shockwave files. By heavy we mean scripts that place consistent high demands on the server. This includes but is not limited to web traffic management scripts, traffic exchange scripts, surf for hits sites as well as large advertising management scripts or proxy server scripts. No single site may consume 30% of CPU usage for a sustained period of time.

Password Protection: Customer is responsible for protecting passwords and for any authorized or unauthorized use. Customer will be held financially responsible for any unauthorized access to our servers through the use of their password. The financially responsibility will be to cover any damages and/or lose of customers.

Content Protection: Customer agrees to provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material that Customer publishes via any Service.

Content Ownership: Customer is responsible for all content or information residing on, or obtained or transmitted via, the Service, regardless of whether such use is by Customer.

Late Payment Information: Customer is required to make payment prior to services be rendered. If payment is not received HostAway reserves the right to continue services for a period of two weeks so payment or arrangement of payment can be made by the Customer. These arrangements can be made by contacting our sales department here. If services are rendered and payment is not received HostAway reserves the right to lock a customer's domain from transfer or use. Customer's domain will remain locked until payment for rendered services plus a $40 processing fee is paid. Any returned check for insufficient funds will result in a $25 fee.

Facilitating AUP Violation: Customer activity that facilitates the violation of this AUP by any party constitutes a violation of this AUP by Customer. AUP Enforcement Violation of this web hosting agreement (the AUP) may subject Customer to international, federal, and/or state civil and/or criminal liability. HostAway.net reserves the right in its sole discretion and without prior notice to suspend and/or terminate Customer's access to the Service at any time for violating this AUP. HostAway.net also reserves the right to suspend, filter or block, and/or terminate Customer's access if Customer's account is being used to exploit or attack the Service or the networks of others. If Customer's account has been compromised and attempts to reach Customer and/or to have Customer repair a breach of security fail, HostAway.net reserves the right to suspend or terminate Customer's service. If Customer's access is suspended or terminated, HostAway.net, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Customer's data stored on Service. HostAway.com will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity. Violation of Rules Breaking any of these aforementioned rules may result in immediate account suspension with out refund, as well as criminal prosecution where deemed necessary. Customers with multiple web hosting accounts may have all accounts terminated due to web hosting agreement violations on any single account.

LIMITATION OF LIABILITY: HostAway.net shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers going off-line or being unavailable for any reason whatsoever. Further, HostAway.net shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of HostAway.net servers. All damages shall be limited to the immediate termination of service. HostAway.net shall be the sole arbiter of what is and is not a violation of these acceptable use policies. HostAway.net reserves the right to terminate an account at any time and for any reason that causes harm to any customer's web sites. HostAway.net reserves the right to delete all content and files upon termination. HostAway.net reserves the right to withhold any prepaid funds for any site removed for violations of these policies. HostAway.net reserves the right to refuse, cancel, or suspend service at our sole discretion. HostAway.net reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent. This document is subject to change without notice or warning.