User Agreement




Total Hosting’s User Agreement

This User Agreement
("Agreement") is an agreement between Total Hosting, and the party
set forth in the related Registration Form ("User" or "You"
and "Your") incorporated herein by reference (together with any
subsequent Registration Forms or other online signup, acceptance or order form
submitted by User, the "Registration Form"), and applies to the
purchase of all services ordered by User on the Registration Form
(collectively, the "Services"). As used herein the term
"User" and "You" shall also include any and all users,
Customers, subscribers, affiliates (including without limitations Users or
non-Users to whom Total Hosting provides links or banners to promote the
services or products of Total Hosting or any third party the services or
products of which are offered by or obtained through or in connection with Total
Hosting), resellers or others (i) who sign up for, use or obtain services or
products from Total Hosting or from any third party services or products of which
are offered by or obtained through or in connection with Total Hosting, or (ii)
who visit the Web sites of Total Hosting or of any such third party.

PLEASE READ THIS AGREEMENT
CAREFULLY.

SIGNING UP FOR THE SERVICES CREATES
A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE
DESCRIPTION AND THIS USER AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS
OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN
THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES
CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

  1. Acceptable Use Policy. Under this Agreement, User shall comply with Total
    Hosting’s then current Acceptable Use Policy ("AUP"), as
    amended, modified or updated from time to time by Total Hosting, and other
    agreements which currently can be viewed under the Terms of Service
    section of this Web site (collectively, the "Terms of Service"),
    and which is incorporated in this Agreement by reference. User hereby
    acknowledges that it has reviewed the AUP and that the terms of the AUP
    are incorporated herein by reference. In the event of any inconsistencies
    between this Agreement and the AUP, the terms of the AUP shall govern. Total
    Hosting does not intend to systematically monitor the content that is
    submitted to, stored on or distributed or disseminated by User via the
    Service (the "User Content"). User Content includes content of
    User’s and/or users of User’s Web site. Accordingly, under this Agreement,
    You will be responsible for Your users content and activities on Your Web
    site. Notwithstanding anything to the contrary contained in this
    Agreement, Total Hosting may immediately take corrective action, including
    removal of all or a portion of the User Content, disconnection or
    discontinuance of any and all Services, or termination of this Agreement
    in the event of notice of possible violation by User of the AUP. In the
    event Total Hosting takes corrective action due to a violation of the AUP,
    Total Hosting shall not refund to User any fees paid in advance of such
    corrective action. User hereby agrees that Total Hosting shall have no
    liability to User or any of User’s users due to any corrective action that
    Total Hosting may take (including, without limitation, suspension,
    termination or disconnection of Services).

 

  1. Term; Termination; Cancellation Policy.
    1. The initial term of this Agreement shall be as set
      forth in the Registration Form (the "Initial Term"). The
      Initial Term shall begin upon commencement of the Services to User. After
      the Initial Term, this Agreement shall automatically renew. ADDITIONALLY
      AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO
      AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS
      OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY
      EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all
      successive renewal periods shall be referred to, collectively, as the
      "Term".

 

  1.  
    1. This Agreement may be terminated or cancelled;
      1. by either party by giving the
        other party thirty (30) days prior written notice provided that we may
        charge You a minimum $50.00 charge as an early cancellation fee,

 

  1.  
    1.  
      1. by Total Hosting in the event
        of nonpayment by User,

 

  1.  
    1.  
      1. by Total Hosting, at any
        time, without notice, if, in Total Hosting’s sole and absolute
        discretion and/or judgment, User is in violation of any term or condition
        of this Agreement and related agreements, AUP, or User’s use of the
        Services disrupts or, in Total Hosting’s sole and absolute discretion
        and/or judgment, could disrupt, Total Hosting’s business operations
        and/or

 

  1.  
    1.  
      1. by Total Hosting as provided
        herein.

 

  1.  
    1. If You cancel this Agreement, upon proper notice to Total
      Hosting, prior to the end of the Initial Term or any Term thereafter,

      1. You shall be obligated to pay
        all fees and charges accrued prior to the effectiveness of such
        cancellation;

 

  1.  
    1.  
      1. Total Hosting may (but is not
        obligated to) refund to You all pre-paid fees for basic hosting services
        for the full months remaining after effectiveness of cancellation (i.e.,
        no partial month fees shall be refunded), less any setup fees,
        cancellation fees, and any discount applied for prepayment, provided
        that, You are not in breach of any terms and conditions of this AUP,
        User Agreement, Anti-Spamming Policy or Domain Policy; and/or

 

  1.  
    1.  
      1. We may charge You one hundred
        percent (100%) of all charges for all Services for each month remaining
        in the Term (other than basic hosting fees as provided in (ii) above).

 

  1.  
    1.  
      1. Any cancellation request
        shall be effective thirty (30) days after receipt by Total Hosting,
        unless a later date is specified in such request.

 

  1.  
    1. Total Hosting may terminate this Agreement, without
      penalty,

      1. if the Services are
        prohibited by applicable law, or become impractical or unfeasible for
        any technical, Terms of Service or regulatory reason, by giving User as
        much prior notice as reasonably practicable; or

 

  1.  
    1.  
      1. immediately, if Total Hosting
        determines that User’s use of the Services, the Web site or the User
        Content violates any Total Hosting term of service, including the AUP,
        User Agreement, Anti-Spam Policy, Privacy Policy or Domain Policy. If Total
        Hosting cancels this Agreement prior to the end of the Term for Your
        breach of this Agreement and related agreements, including the AUP, User
        Agreement, Anit-Spam Policy, Privacy Policy or Domain Policy or User’s
        use of the Services disrupts our network, Total Hosting shall not refund
        to You any fees paid in advance of such cancellation and You shall be
        obligated to pay all fees and charges accrued prior to the effectiveness
        of such cancellation; further, We may charge You 100% of all charges for
        all Services for each month remaining in the Term and Total Hosting
        shall have the right to charge You an administrative fee of a minimum of
        $50.00.

 

  1.  
    1. Upon termination of this Agreement for any cause or
      reason whatsoever, neither party shall have any further rights or
      obligations under this Agreement, except as expressly set forth herein.
      The provisions of Sections 2(e), 3, 4, 12, 13, 17, 19 and 20 of this
      Agreement shall survive the expiration or termination of this Agreement
      for any cause or reason whatsoever, and, notwithstanding the expiration
      or termination of this Agreement, the parties shall each remain liable to
      the other for any indebtedness or other liability theretofore arising
      under this Agreement. Termination of this Agreement and retention of
      pre-paid fees and charges shall be in addition to, and not be in lieu of,
      any other Terms of Service or equitable rights or remedies to which Total
      Hosting may be entitled.

 

  1.  
    1. If an account with a thirty (30) day money-back
      guarantee is purchased and cancelled within thirty (30) days of sign-up,
      the User will, upon request, receive a full refund of all hosting fees.
      Requests for these refunds should be made through our Support Team.
      Refunds made for a thirty (30) day money-back guarantee will not include
      domain registration fees, setup fees, or any fees for additional services
      that are purchased in the first thirty (30) days.

The thirty
(30) day money-back guarantee is valid for credit-card payments only. Due to
the costs associated with processing payments made by other methods, we are not
able to offer the thirty (30) day money-back guarantee for other payment methods.

 

  1.  
    1. You have ninety (90) days to dispute any charge or
      payment processed by Total Hosting. If you have a question concerning a
      charge you believe is incorrect, please contact us.

 

  1. User’s Responsibilities.
    1. User is solely responsible for the quality,
      performance and all other aspects of the User Content and the goods or
      services provided through the User Web site.

 

  1.  
    1. User will cooperate fully with Total Hosting in
      connection with Total Hosting’s provision of the Services. User must
      provide any equipment or software that may be necessary for User to use
      the Services. Delays in User’s performance of its obligations under this
      Agreement will extend the time for Total Hosting’s performance of its
      obligations that depend on User’s performance on a day for day basis.
      User must provide complete, correct and genuine contact information in
      the Registration Form and update such information as necessary from time
      to time so it remains complete, correct and genuine at all times; failure
      to do so may result in suspension or cancellation of Services. User will
      notify Total Hosting of any change in User’s mailing address, telephone,
      electronic mail or other contact information.

 

  1.  
    1. User assumes full responsibility for providing end
      users with any required disclosure or explanation of the various features
      of the User Web site and any goods or services described therein, as well
      as any rules, terms or conditions of use.

 

  1.  
    1. Because the Services permit Users to electronically
      transmit or upload content directly to the User Web site, User shall be
      fully responsible for uploading all content to the User Web site and
      supplementing, modifying and updating the User Web site, including all
      back-ups. User is also responsible for ensuring that the User Content and
      all aspects of the User Web site are compatible with the hardware and
      software used by Total Hosting to provide the Services, as the same may
      be changed by Total Hosting from time to time. Total Hosting shall not be
      responsible for any damages to the User Content, the User Web site or
      other damages or any malfunctions or service interruptions caused by any
      failure of the User Content or any aspect of the User Web site to be
      compatible with the hardware and software used by Total Hosting to
      provide the Services.

 

  1.  
    1. User is solely responsible for making back-up copies
      of the User Web site and User Content.

 

  1.  
    1. Total Hosting does maintain backup copies of User
      Web sites or e-mail. Total Hosting cannot guarantee that the contents of
      a Web site will never be deleted or corrupted, or that a backup of a Web
      site will always be available. Users should always copy all content of a
      Web site to a local computer and Total Hosting strongly suggest that
      Users make an additional copy (on tape, CD, multiple floppies, another
      desktop, or elsewhere) to ensure the availability of the files.

 

  1.  
    1. User is responsible for maintaining the
      confidentiality of login and billing information. Total Hosting is not
      liable for any account disputes that may arise between various parties
      holding account login information. Total Hosting is not responsible for
      any changes made to the account or any information that has been modified
      by User, or any parties authorized by User, to access the control panel.
      User is responsible for updating and maintaining contact and billing
      information with Total Hosting. Any changes to the User contact
      information must be made using the account control panel or by contacting
      our Support Team. User is responsible for ensuring that Total Hosting is
      able to notify the User for technical, billing or other issues or
      purposes deemed necessary by Total Hosting to maintain the account.

 

 

  1. User’s Representations and Warranties.
    1. User hereby represents and warrants to Total Hosting,
      and agrees that during the Initial Term and any Term thereafter User will
      ensure that:

      1. User is the owner or valid
        licensee of the User Content and each element thereof, and User has
        secured all necessary licenses, consents, permissions, waivers and
        releases for the use of the User Content and each element thereof,
        including without limitation, all trademarks, logos, names and
        likenesses contained therein, without any obligation by Total Hosting to
        pay any fees, residuals, guild payments or other compensation of any
        kind to any Person;

 

  1.  
    1.  
      1. User’s use, publication and
        display of the User Content will not infringe any copyright, patent,
        trademark, trade secret or other proprietary or intellectual property
        right of any person, or constitute a defamation, invasion of privacy or
        violation of any right of publicity or any other right of any person,
        including, without limitation, any contractual, statutory or common law
        right or any "moral right" or similar right however
        denominated;

 

  1.  
    1.  
      1. User will comply with all
        applicable laws, rules and regulations regarding the User Content and
        the User Web site and will use the User Web site only for lawful
        purposes; and

 

  1.  
    1.  
      1. User has used its best
        efforts to ensure that the User Content is and will at all times remain
        free of all computer viruses, worms, Trojan horses and other malicious
        code.

 

  1.  
    1. User shall be solely responsible for the development,
      operation and maintenance of User’s Web site, online store and electronic
      commerce activities, for all products and services offered by User or
      appearing online and for all contents and materials appearing online or
      on User’s products, including, without limitation

      1. the accuracy and
        appropriateness of the User Content and content and material appearing
        in its store or on its products,

 

  1.  
    1.  
      1. ensuring that the User
        Content and content and materials appearing in its store or on its
        products do not violate or infringe upon the rights of any person, and

 

  1.  
    1.  
      1. ensuring that the User
        Content and the content and materials appearing in its store or on its
        products are not defamatory or otherwise illegal. User shall be solely
        responsible for accepting, processing and filling User orders and for
        handling User inquiries or complaints. User shall be solely responsible
        for the payment or satisfaction of any and all taxes associated with its
        Web site and online store.

 

  1.  
    1. User grants Total Hosting the right to reproduce,
      copy, use and distribute all and any portion of the User Content to the
      extent needed to provide and operate the Services

 

  1.  
    1. In addition to transactions entered into by You on
      Your behalf, You also agree to be bound by the terms of this Agreement
      for transactions entered into on Your behalf by anyone acting as Your
      agent, and transactions entered into by anyone who uses Your account,
      whether or not the transactions were on Your behalf.

 

  1. License to Total Hosting. User hereby grants to Total Hosting a non-exclusive,
    royalty-free, worldwide right and license during the Initial Term and any
    Term thereafter to do the following to the extent necessary in the
    performance of Services under the Order:

    1. digitize, convert, install, upload, select, order,
      arrange, compile, combine, synchronize, use, reproduce, store, process,
      retrieve, transmit, distribute, publish, publicly display, publicly
      perform and hyperlink the User Content; and

 

  1.  
    1. make archival or back-up copies of the User Content
      and the User Web site.

 

  1.  
    1. Except for the rights expressly granted above, Total
      Hosting is not acquiring any right, title or interest in or to the User
      Content, all of which shall remain solely with User.

 

  1.  
    1. Total Hosting, in its sole discretion, reserves the
      right (i) to deny, cancel, suspend, transfer or alter, modify, correct,
      amend, change, program, or take any other corrective action to protect
      the integrity and stability of the Services (including altering,
      modifying, correcting, amending, changing, programming, or taking any
      other corrective action regarding any malicious code, software or related
      abusive activity, User Content and/or Web site(s)), and/or (ii) to comply
      with any applicable laws, government rules, or requirements, requests of
      law enforcement, or to avoid any liability, civil or criminal. User
      further agrees that Total Hosting shall not be liable to User for any
      loss or damages that may result from such conduct.

 

  1. Billing and Payment.
    1. User will pay to Total Hosting the service fees for
      the Services in the manner set forth in the Registration Form.

 

  1.  
    1. Total Hosting may increase the Service Fees (i) in the
      manner permitted in the service description and (ii) at any time on or
      after expiration of the Initial Term by providing ten (10) days prior
      written notice thereof to User.

 

  1.  
    1. The Service Fees do not include any applicable sales,
      use, revenue, excise or other taxes imposed by any taxing authority with
      respect to the Services or any software provided hereunder (excluding any
      tax on Total Hosting’s net income). All such taxes may be added to Total
      Hosting’s invoices for the fees as separate charges to be paid by User.
      All fees are fully earned when due and non-refundable when paid.

 

  1.  
    1. Unless otherwise specified, all initial fees shall be
      payable upon sign-up, and all subsequent fees and related charges shall
      be due and payable when billed, if by credit card, or if not by credit
      card, within thirty (30) days after the date of the invoice. If any
      invoice is not paid within ten (10) days after the date of the invoice, Total
      Hosting may charge User a late fee of $15.00 for; in addition any amounts
      payable to Total Hosting not paid when due will bear interest at the rate
      of one and one half percent (1.5%) per month or the maximum rate
      permitted by applicable law, whichever is less.

 

  1.  
    1. If Total Hosting collects any payment due at law or
      through an attorney at law or under advice therefrom or through a
      collection agency, or if Total Hosting prevails in any action to which
      the User and Total Hosting are parties, User will pay all costs of
      collection, arbitration and litigation, including, without limitation,
      all court costs and Total Hosting’s reasonable attorneys’ fees.

 

  1.  
    1. If any check is returned for insufficient funds Total
      Hosting may impose a minimum processing charge of $25.00.

 

  1.  
    1. In the event that any amount due to Total Hosting is
      not paid when due, Total Hosting, in its sole discretion, may immediately
      terminate this Agreement, and/or withhold or suspend Services.

 

  1.  
    1. There may be a minimum $50.00 charge to reinstate
      accounts that have been suspended or terminated.

 

  1.  
    1. Wire transfers will be assessed a minimum $35.00
      charge.

 

  1.  
    1. There may be a minimum $35.00 charge for all credit
      card chargebacks.

 

  1.  
    1. User acknowledges and agrees that Total Hosting may
      pre-charge User’s fees for the Services to its credit card supplied by
      User during registration for the Initial Term.

 

  1.  
    1. YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO
      AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS
      OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY
      EITHER PARTY AS PROVIDED IN SECTION.

 

  1. Payment Policies – General
    1. Accounts will not be activated or reactivated without
      prior payment.

 

  1.  
    1. All hosting fees and domain name renewal fees are due
      on or before the due date of the renewing account and/or domain name.

 

  1.  
    1. Incomplete, incorrect or questionable signup
      information can result in an account being suspended or terminated or NOT
      being activated. Some accounts may be placed on hold for up to 72 hours,
      pending review of information received.

 

  1.  
    1. Any losses or expenses experienced by the User, due to
      actions taken by Total Hosting in response to Users non-payment, are not
      the responsibility of Total Hosting.

 

  1. Payment Policies – Payment Processing
    1. Total Hosting’s preferred method of payment is credit
      card.

 

  1.  
    1. By purchasing our hosting services, you are agreeing
      to allow Total Hosting to place your account on a recurring payment plan.
      The account will automatically be re-billed according to the terms of the
      plan you select.

 

  1.  
    1. You grant Total Hosting permission to charge your
      credit card for any and all services you request, including, but not
      limited to, hosting and/or domain name renewals.

 

  1.  
    1. If we are unable to process a payment for your hosting
      plan by its due date, your account will be cancelled for non-payment and
      you will not be able to access your Web site or e-mail.

 

  1.  
    1. When an account is cancelled, all copies of the Web
      site and e-mail files are permanently and irretrievably removed from our
      servers.

 

  1.  
    1. If an account has been suspended for non-payment, it
      will only be reactivated upon payment of all overdue fees.

 

  1.  
    1. If we make any refunds due to charges you dispute with
      your credit card Total Hosting, we will cancel your account. The
      cancelled account will only be reactivated once all disputed/refunded
      fees are resolved satisfactorily, and we receive payment for any and all
      administrative fees incurred by Total Hosting as a result of your dispute
      or charge-back request. We cannot guarantee any files or e-mail will be
      available upon reactivation.

 

  1.  
    1. It is a violation of this Agreement for you to misuse
      or fraudulently use credit cards, charge cards, electronic funds
      transfers, and/or electronic checks. A determination of such misuse or
      fraudulent use shall be in our sole discretion. Further, we may report
      all such misuses and fraudulent uses (as determined by us in our sole
      discretion) to appropriate government and law enforcement authorities,
      credit reporting services, financial institutions and credit card
      companies. In these situations, you shall have waived any and all rights
      to privacy.

 

  1. Total Hosting as Reseller or Licensor. Total Hosting is acting only as a reseller or licensor
    of certain services, hardware, software and equipment used in connection
    with the products and/or Services that were or are manufactured or
    provided by a third party ("Non-Total Hosting Product"). Total
    Hosting shall not be responsible for any changes in the Services that
    cause the Non-Total Hosting Product to become obsolete, require
    modification or alteration, or otherwise affect the performance of the
    Services. Any malfunction or manufacturer’s defects of Non-Total Hosting
    Product either sold, licensed or provided by Total Hosting to User or
    purchased directly by User used in connection with the Services will not
    be deemed a breach of Total Hosting’s obligations under this Agreement.
    Any rights or remedies User may have regarding the ownership, licensing,
    performance or compliance of Non-Total Hosting Product are limited to
    those rights extended to User by the manufacturer of such Non-Total
    Hosting Product. User is entitled to use any Non-Total Hosting Product
    supplied by Total Hosting only in connection with User’s permitted use of
    the Services. User shall use its best efforts to protect and keep
    confidential all intellectual property provided by Total Hosting to User
    through any Non-Total Hosting Product and shall make no attempt to copy,
    alter, reverse engineer, or tamper with such intellectual property or to
    use it other than in connection with the Services. User shall not resell,
    transfer, export or re-export any Non-Total Hosting Product, or any
    technical data derived therefrom, in violation of any applicable United
    States or foreign law.

 

  1. Internet Protocol (IP) Address Ownership. If Total Hosting assigns User an Internet Protocol
    ("IP") address for User’s use, the right to use that IP address
    shall belong only to Total Hosting, and User shall have no right to use
    that IP address except as permitted by Total Hosting in its sole and
    absolute discretion in connection with the Services, during the term of
    this Agreement. Total Hosting shall maintain and control ownership of all
    Internet Protocol numbers and addresses that may be assigned to User by Total
    Hosting, and Total Hosting reserves the right to change or remove any and
    all such Internet Protocol numbers and addresses, in its sole and absolute
    discretion.

 

  1. Caching. User expressly;
    1. grants to Total Hosting a license to cache the
      entirety of the User Content and User’s Web site, including content
      supplied by third parties, hosted by Total Hosting under this Agreement
      and

 

  1.  
    1. agrees that such caching is not an infringement of any
      of User’s intellectual property rights or any third party’s intellectual
      property rights.

 

  1. CPU Usage.
    User agrees that User shall not use excessive amounts of CPU processing on
    any of Total Hosting’s servers. Any violation of this policy may result in
    corrective action by Total Hosting, including assessment of additional
    charges, disconnection or discontinuance of any and all Services, or
    termination of this Agreement, which actions may be taken in Total Hosting’s
    sole and absolute discretion. If Total Hosting takes any corrective action
    under this section, User shall not be entitled to a refund of any fees
    paid in advance prior to such action.

 

  1. Bandwidth and Disk Usage. Total Hosting shall provide User with a certain volume
    of bandwidth, disk space and other resources, such as e-mail and/or
    file-transfer-protocol ("FTP") accounts as described in Total
    Hosting’s web pages related to such Services. The Services are intended
    for normal use only. Any activity that results in excessive usage
    inconsistent with normal usage patterns is strictly prohibited. User
    agrees that such bandwidth and disk usage shall not exceed the amounts set
    by Total Hosting for the Services (the "Agreed Usage"). These
    allotments are optimized and dedicated towards serving the Content and
    User’s electronic mail services related solely to User’s web hosting
    account(s) with Total Hosting. Hosting space is intended for normal use
    only, and is limited to Web files, e-mail and content of the hosted Web
    sites, not for storage of media or other data. Hosting space may not be
    used as offsite storage for electronic files or for third party electronic
    mail or FTP hosts. You are responsible for removing any files which do not
    meet these requirements, and for adhering to any hosting space (disk
    usage) limits allocated to your account(s). Failure to do so may result in
    removal and deletion of such materials, and/or in discontinuation of your
    services or account, which actions we may take in our sole discretion. Total
    Hosting will monitor User’s bandwidth and disk usage. Total Hosting, in
    its sole discretion, shall have the right to take any corrective action if
    User’s bandwidth or disk usage exceeds the Agreed Usage or other improper
    storage or usage. Such corrective action may include the assessment of
    additional charges, disconnection or discontinuance of any and all
    Services, removal or deletion of User’s Web site, User Content, User’s
    electronic mail services and/or other materials or termination of this
    Agreement, which actions may be taken in Total Hosting’s sole and absolute
    discretion. If Total Hosting takes any such corrective action under this
    section, User shall not be entitled to a refund or credit of any fees paid
    prior to such action. User will comply with all applicable laws, rules and
    regulations regarding User’s Web site, User Content and/or User’s
    electronic mail services and will each, including bandwidth, disk space
    and other resources only for lawful purposes. User may not utilize: the
    Services to copy material from third parties (including text, graphics,
    music, videos or other copyrightable material) without proper
    authorization; the Services to misappropriate or infringe the patents,
    copyrights, trademarks or other intellectual property rights of any third
    party; the Services to traffic in illegal drugs, gambling, obscene
    materials or any other products or services that are prohibited under
    applicable law; the Services to export encryption software to points
    outside the United States in violation of applicable export control laws;
    the Services to forge or misrepresent message headers, whether in whole or
    in part, to mask the originator of the message. If Total Hosting learns or
    discovers that User is violating any law related to User’s Web site, User
    Content and/or User’s electronic mail services, use of bandwidth, disk
    usage or Agreed Usage, Total Hosting may be obligated to inform the
    necessary law enforcement and/or any related agency(ies) of such conduct
    and may provide such agency(ies) with information related to User, User’s
    Web site, User Content and/or User’s electronic mail. User is responsible
    for bandwidth utilization, and monitoring bandwidth use to ensure the Web
    site does not exceed the bandwidth allocated for the account(s) and
    otherwise complies with this Agreement. Total Hosting will use
    commercially reasonable efforts to e-mail Users who are at or near their
    bandwidth utilization limits, but Total Hosting does not take
    responsibility if e-mail notification(s) is not received by the User. Total
    Hosting reserves the right to discontinue service through the beginning of
    the next month for your account in the event that it exceeds the bandwidth
    allotment.

 

  1. Parked Domain Services. In addition to the applicable terms and conditions
    contained herein:

    1. If User signs up to register and park a domain name
      with Total Hosting, User agrees to pay Total Hosting the annual fee a set
      forth on our Web site (the "Parked Page Services"). User’s
      annual billing date will be determined based on the month User
      establishes the Parked Page Services with Total Hosting. Payments are
      non-refundable. If for any reason Total Hosting is unable to charge
      User’s payment method for the full amount owed Total Hosting for the
      service provided, or if Total Hosting is charged a penalty for any fee it
      previously charged to Your payment method, User agrees that Total Hosting
      may pursue all available remedies in order to obtain payment. User agrees
      that among the remedies Total Hosting may pursue in order to effect
      payment, shall include but will not be limited to, immediate cancellation
      without notice to User of User’s service. Total Hosting reserves the
      right to charge a reasonable service fee for administrative tasks outside
      the scope of its regular services. These include, but are not limited to,
      User service issues that cannot be handled over e-mail but require
      personal service, and disputes that require legal services. These charges
      will be billed to the payment method we have on file for User.

 

  1.  
    1. User agrees to be responsible for notifying Total
      Hosting should User desire to terminate use of any of the Parked Page
      Services, including, but not limited to, those purchased. Notification of
      User’s intent to terminate must be provided to Total Hosting no earlier
      than thirty (30) days prior to User’s billing date but no later than ten
      (10) days prior to the billing date. In the absence of notification from
      User, Total Hosting will automatically continue the Parked Page Services
      indefinitely and will charge User’s payment method that is on file with Total
      Hosting, at Total Hosting’s then current rates. It is User’s
      responsibility to keep their payment method information current, which
      includes the expiration date if using a credit card. In the event User
      terminates the Parked Page Services, moving their Web site off of the Total
      Hosting hosting servers is User’s responsibility. Total Hosting will not
      transfer or FTP such Web site to another provider. Any change by User of
      their name-server is not deemed cancellation of the Parked Page Services.

 

  1.  
    1. Total Hosting will provide User with the Parked Page
      Services as long as User abides by the terms and conditions set forth
      herein and in each of Total Hosting’s policies and procedures.

 

  1.  
    1. By using any of the Parked Pages Services, User agrees
      that Total Hosting may point the domain name or DNS to one of Total
      Hosting’s or Total Hosting’s affiliates web pages, and that they may
      place advertising on User’s web page and that Total Hosting specifically
      reserves this right. User shall have no right to any compensation and
      shall not be entitled and shall have no right to receive any funds
      related to the monetization of User’s Parked Pages.

 

  1.  
    1. User agrees to indemnify and hold harmless Total
      Hosting for any complications arising out of use of the Parked Page
      Services, including, but not limited to, actions Total Hosting chooses to
      take to remedy User’s improper or illegal use of a Web site hosted by Total
      Hosting. User agrees it is not be entitled to a refund of any fees paid
      to Total Hosting if, for any reason, Total Hosting takes corrective
      action with respect to any improper or illegal use of the Parked Page
      Services.

 

  1.  
    1. If a dispute arises as a result of one or more of
      User’s Parked Pages, User will indemnify, defend and hold Total Hosting
      harmless for damages arising out of such dispute. User also agrees that
      if Total Hosting is notified that a complaint has been filed with a
      governmental, administrative or judicial body, regarding a Web site
      hosted by Total Hosting, that Total Hosting, in its sole discretion, may
      take whatever action Total Hosting deems necessary regarding further
      modification, assignment of and/or control of the Web site to comply with
      the actions or requirements of the governmental, administrative or
      judicial body until such time as the dispute is settled.

 

  1. Fantastico Deluxe Terms. Fantastico Deluxe automates the installation of a
    given open source application. Users are free to install open source
    applications independently of Fantastico Deluxe by following the
    instructions provided by Total Hosting or the organization that developed
    the open source application. When a User uses an open source application,
    the User licenses it from the open source provider, not from Total Hosting.

    1. We do not provide support for the application once the
      application has been successfully installed; we provide support only for
      the installation or upgrade process. Any support requests regarding
      actual use of the application must be directed to the organization or Total
      Hosting that developed the application.

 

  1.  
    1. The User is responsible for creating back-ups before
      upgrading to the next version.

 

  1.  
    1. We cannot guarantee that the version we currently
      provide is the latest one being distributed by the vendor.

 

  1.  
    1. Any security risks including, but not limited to,
      hacking, phishing and information piracy are the sole responsibility of
      the User.

 

  1.  
    1. We reserve the right to discontinue applications
      managed by Fantastico Deluxe at any time.

 

  1.  
    1. Fantastico Deluxe applications are installed at the
      User’s own risk. We cannot be held liable for lost data or damage caused
      by open source applications provided through Fantastico Deluxe.

 

  1. Standard and Private-Label Reseller Programs. In addition to all terms and conditions described in
    this Agreement, the following shall also be applicable to Total Hosting
    Wholesale, Wholesale Plus and Private-Label Resellers;

    1. The Reseller agrees, on behalf of both the Reseller
      and each User signed up by the Reseller, to comply with these Terms of
      Service.

 

  1.  
    1. In the event that a Reseller or a Reseller’s User is
      determined to be in violation of the Terms of Service, the Reseller
      shall, upon receipt of notice of the violation, take prompt action to
      ensure that the account in question is updated to be in full compliance
      with the Terms of Service.

 

  1.  
    1. Total Hosting is not responsible for the actions or
      misrepresentations of Resellers. The Reseller hereby agrees to indemnify Total
      Hosting from and against any and all claims made by any User that result
      from the Reseller’s misrepresentation, breach of the Terms of Service or
      other improper actions by the Reseller.

 

  1.  
    1. Total Hosting reserves the right to revise its Wholesale,
      Wholesale Pluse and Private-Label Reseller Programs, AUP and the Terms of
      Service at any time. Changes shall take effect when posted online.

 

  1.  
    1. Users who have been signed up by Resellers agree to
      operate their Web sites in accordance with the Terms of Service.

 

  1.  
    1. Resellers cannot make any modifications to the Total
      Hosting Terms of Service. Any such alterations shall be deemed a
      violation of the Terms of Service and could result in a cancellation of a
      Reseller’s account(s). Total Hosting is not responsible for any
      modifications made to the Terms of Service by Resellers.

 

  1.  
    1. Resellers in the Wholesale Reseller Program assume all
      responsibility for billing and technical support for each of their Users.
      Total Hosting reserves the right to refuse inquiries made to the Support
      Team from the Customers of Resellers in the Wholesale Reseller Program.

 

  1. Property Rights.
    1. Total Hosting hereby grants to User a limited,
      non-exclusive, non-transferable, royalty-free license, exercisable solely
      during the term of this Agreement, to use Total Hosting technology,
      products and services solely for the purpose of accessing and using the
      Services. User may not use Total Hosting’s technology for any purpose
      other than accessing and using the Services. Except for the rights
      expressly granted above, this Agreement does not transfer from Total
      Hosting to User any Total Hosting technology, and all rights, titles and
      interests in and to any Total Hosting technology shall remain solely with
      Total Hosting. User shall not, directly or indirectly, reverse engineer,
      decompile, disassemble or otherwise attempt to derive source code or
      other trade secrets from any of the Total Hosting.

 

  1.  
    1. Total Hosting owns all right, title and interest in
      and to the Services and Total Hosting’s trade names, trademarks, service
      marks, inventions, copyrights, trade secrets, patents, know-how and other
      intellectual property rights relating to the design, function, marketing,
      promotion, sale and provision of the Services and the related hardware,
      software and systems ("Marks"). Noting in this Agreement
      constitutes a license to User to use or resell the Marks.

 

  1. Disclaimer of Warranty. User agrees to use all Services and any information
    obtained through or from Total Hosting, at User’s own risk. User
    acknowledges and agrees that Total Hosting exercises no control over, and
    accepts no responsibility for, the content of the information passing
    through Total Hosting’s host computers, network hubs and points of
    presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE
    PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER WE NOR ANY OF OUR PARENT,
    SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE
    EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS,
    ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS,
    LICENSORS OR THE LIKE (EACH, A "RELATED PERSON") MAKE ANY
    WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
    LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
    PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WE
    PROVIDE. NO RELATED PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT
    BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO
    THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE
    ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE
    CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WE ARE NOT LIABLE, AND
    EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED
    EITHER TO OR FROM USER OR STORED BY USER OR ANY OF USER’S USERS VIA THE
    SERVICES PROVIDED BY US NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY
    RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH
    INFORMATION OR ADVICE. The terms of this section shall survive any
    termination of this Agreement.

 

  1. Limited Warranty.
    1. Total Hosting represents and warrants to User that the
      Services will be performed (a) in a manner consistent with industry
      standards reasonably applicable to the performance thereof; (b) at least
      at the same level of service as provided by Total Hosting generally to
      its other Users for the same services; and (c) in compliance in all
      material respects with the applicable Service Descriptions. User will be
      deemed to have accepted such Services unless User notifies Total Hosting,
      in writing, within thirty (30) days after performance of any Services of
      any breach of the foregoing warranties. User’s sole and exclusive remedy,
      and Total Hosting’s sole obligation, for breach of the foregoing
      warranties shall be for Total Hosting, at its option, to re-perform the
      defective Services at no cost to User, or, in the event of interruptions
      to the Services caused by a breach of the foregoing warranties, issue
      User a credit in an amount equal to the current monthly service fees pro
      rated by the number of hours in which the Services have been interrupted.
      Total Hosting may provision the Services from any of its data centers and
      may from time to time re-provision the Services from different data
      centers.

 

  1.  
    1. The foregoing warranties shall not apply to
      performance issues or defects in the Services (a) caused by factors
      outside of Total Hosting’s reasonable control; (b) that resulted from any
      actions or inactions of User or any third parties; or (c) that resulted
      from User’s equipment or any third-party equipment not within the sole
      control of Total Hosting. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION,
      WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
      WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS
      AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
      MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT
      OF THIRD-PARTY RIGHTS, AND WE HEREBY EXPRESSLY DISCLAIM THE SAME. WITHOUT
      LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO
      USER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR
      WARRANTY WHATSOEVER. WE DO NOT WARRANT THAT THE SERVICES WILL BE
      UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

 

  1. Limitation of Liability.
    1. IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH THE
      SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY
      FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR
      OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO US BY YOU DURING THE
      3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH
      LIABILITY.

 

  1.  
    1. WE CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY
      PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR
      TRANSMITTED VIA THE INTERNET. WE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED
      ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR
      INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED,
      RECEIVED OR STORED ON ITS SYSTEM.

 

  1.  
    1. EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY
      SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY
      LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT
      OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR
      FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR
      DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR
      OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE
      PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE
      OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED
      OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.

 

  1.  
    1. The limitations contained in this Section apply to all
      causes of action in the aggregate, whether based in contract, tort or any
      other Terms of Service theory (including strict liability), other than
      claims based on fraud or willful misconduct. The limitations contained in
      Section 15 shall not apply to User’s indemnification obligations.

 

  1.  
    1. Notwithstanding anything to the contrary in this
      Agreement, Total Hosting’s maximum liability under this Agreement for all
      damages, losses, costs and causes of actions from any and all claims
      (whether in contract, tort, including negligence, quasi-contract,
      statutory or otherwise) shall not exceed the actual dollar amount paid by
      User for the Services which gave rise to such damages, losses and causes
      of actions during the 3-month period prior to the date the damage or loss
      occurred or the cause of action arose.

 

  1.  
    1. User understands, acknowledges and agrees that if Total
      Hosting takes any corrective action under this Agreement because of an
      action of User or one if its Users or a reseller, that corrective action
      may adversely affect other Users of User or other reseller Users, and
      User agrees that Total Hosting shall have no liability to User, any of
      its Users or any Reseller User due to such corrective action by Total
      Hosting.

 

  1.  
    1. This limitation of liability reflects an informed,
      voluntary allocation between the parties of the risks (known and unknown)
      that may exist in connection with this Agreement. The terms of this
      section shall survive any termination of this Agreement.

 

  1. Indemnification.
    User agrees to indemnify, defend and hold harmless Total Hosting and its
    parent, subsidiary and affiliated companies, and each of their respective
    officers, directors, employees, shareholders, attorneys and agents (each
    an "indemnified party" and, collectively, "indemnified
    parties") from and against any and all claims, damages, losses,
    liabilities, suits, actions, demands, proceedings (whether legal or
    administrative), and expenses (including, but not limited to, reasonable
    attorney’s fees) threatened, asserted, or filed by a third party against
    any of the indemnified parties arising out of or relating to User’s use of
    the Services, (ii) any violation by User of the AUP, (iii) any breach of
    any representation, warranty or covenant of User contained in this
    Agreement or (iv) any acts or omissions of User. The terms of this section
    shall survive any termination of this Agreement.

 

  1. Waiver of Jury Trial
    1. Both You and Total Hosting hereby agree to waive all
      respective rights to a jury trial of any claim or cause of action related
      to or arising out of this Agreement.

 

  1.  
    1. The scope of the waiver is intended to be all
      encompassing of any and all disputes that may be filed in any court and
      that relate to the subject matter herein, including without limitation,
      contract claims, tort claims, breach of duty claims, and all other common
      law and statutory claims.

 

  1.  
    1. You and Total Hosting each acknowledge that the waiver
      is a material inducement for each party to enter into a business
      relationship, that each party has already relied on the waiver in entering
      into this Agreement and that each will continue to rely on the waiver in
      their related future dealings.

 

  1.  
    1. Each party further warrants and represents that each
      has had the opportunity to have counsel review this Agreement and this
      waiver.

 

  1.  
    1. The waiver is irrevocable, meaning that it may not be
      modified either orally or in writing, and the waiver shall apply to any
      subsequent amendments, renewals, supplements or modifications to this
      Agreement. In the event of litigation, this Agreement may be filed as written
      consent to a trial by court.

 

  1. Miscellaneous.
    1. Independent Contractor. Total Hosting and User are independent contractors
      and nothing contained in this Agreement places Total Hosting and User in
      the relationship of principal and agent, master and servant, partners or
      joint venturers. Neither party has, expressly or by implication, or may
      represent itself as having, any authority to make contracts or enter into
      any agreements in the name of the other party, or to obligate or bind the
      other party in any manner whatsoever.

 

  1.  
    1. Governing Law; Jurisdiction. Any controversy or claim arising out of or relating
      to this Agreement, the formation of this Agreement or the breach of this
      Agreement, including any claim based upon arising from an alleged tort,
      shall be governed by the substantive laws of the State of New York. The
      United Nations Convention on Contracts for the International Sale of
      Goods does not apply to this Agreement. Any suit, action or proceeding
      concerning this agreement must be brought in a state or federal court
      located in Suffolk, New York. EACH OF THE PARTIES HEREBY IRREVOCABLY
      CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE
      APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR
      PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY
      APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE
      LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH
      COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY
      SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

 

  1.  
    1. Headings.
      The headings herein are for convenience only and are not part of this
      Agreement.

 

  1.  
    1. Entire Agreement; Amendments. This Agreement, including documents incorporated
      herein by reference, supersedes all prior discussions, negotiations and
      agreements between the parties with respect to the subject matter hereof,
      and this Agreement constitutes the sole and entire agreement between the
      parties with respect to the matters covered hereby. In case of a conflict
      between this Agreement and any purchase order, service order, work order,
      confirmation, correspondence or other communication of User or Total
      Hosting, the terms and conditions of this Agreement shall control. No additional
      terms or conditions relating to the subject matter of this Agreement
      shall be effective unless approved in writing by any authorized
      representative of User and Total Hosting. This Agreement may not be
      modified or amended except by another agreement in writing executed by
      the parties hereto; provided, however, that these Terms of Service may be
      modified from time to time by Total Hosting in its sole discretion, which
      modifications will be effective upon posting to Total Hosting’s Web site.

 

  1.  
    1. Severability.
      All rights and restrictions contained in this Agreement may be exercised
      and shall be applicable and binding only to the extent that they do not
      violate any applicable laws and are intended to be limited to the extent
      necessary so that they will not render this Agreement illegal, invalid or
      unenforceable. If any provision or portion of any provision of this
      Agreement shall be held to be illegal, invalid or unenforceable by a
      court of competent jurisdiction, it is the intention of the parties that
      the remaining provisions or portions thereof shall constitute their
      agreement with respect to the subject matter hereof, and all such
      remaining provisions or portions thereof shall remain in full force and
      effect.

 

  1.  
    1. Notices.
      All notices and demands required or contemplated hereunder by one party
      to the other shall be in writing and shall be deemed to have been duly
      made and given upon date of delivery if delivered in person or by an
      overnight delivery or postal service, upon receipt if delivered by
      facsimile the receipt of which is confirmed by the recipient, or upon the
      expiration of five days after the date of posting if mailed by certified
      mail, postage prepaid, to the addresses or facsimile numbers set forth
      below the parties’ signatures. Either party may change its address or
      facsimile number for purposes of this Agreement by notice in writing to
      the other party as provided herein. Total Hosting may give written notice
      to User via electronic mail to the User’s electronic mail address as
      maintained in Total Hosting’s billing records.

 

  1.  
    1. Waiver.
      No failure or delay by any party hereto to exercise any right or remedy
      hereunder shall operate as a waiver thereof, nor shall any single or
      partial exercise of any right or remedy by any party preclude any other
      or further exercise thereof or the exercise of any other right or remedy.
      No express waiver or assent by any party hereto to any breach of or
      default in any term or condition of this Agreement shall constitute a
      waiver of or an assent to any succeeding breach of or default in the same
      or any other term or condition hereof.

 

  1.  
    1. Assignment; Successors. User may not assign or transfer this Agreement or
      any of its rights or obligations hereunder, without the prior written
      consent of Total Hosting. Any attempted assignment in violation of the
      foregoing provision shall be null and void and of no force or effect
      whatsoever. Total Hosting may assign its rights and obligations under
      this Agreement, and may engage subcontractors or agents in performing its
      duties and exercising its rights hereunder, without the consent of User.
      This Agreement shall be binding upon and shall inure to the benefit of
      the parties hereto and their respective successors and permitted assigns.

 

  1.  
    1. Limitation of Actions. No action, regardless of form, arising by reason of
      or in connection with this Agreement may be brought by either party more
      than two years after the cause of action has arisen.

 

  1.  
    1. Counterparts.
      If this Agreement is signed manually, it may be executed in any number of
      counterparts, each of which shall be deemed an original and all of which
      together shall constitute one and the same instrument. If this Agreement
      is signed electronically, Total Hosting’s records of such execution shall
      be presumed accurate unless proven otherwise.

 

  1.  
    1. Force Majeure.
      Neither party is liable for any default or delay in the performance of
      any of its obligations under this Agreement (other than failure to make
      payments when due) if such default or delay is caused, directly or
      indirectly, by forces beyond such party’s reasonable control, including,
      without limitation, fire, flood, acts of God, labor disputes, accidents,
      acts of war or terrorism, interruptions of transportation or
      communications, supply shortages or the failure of any third party to
      perform any commitment relative to the production or delivery of any equipment
      or material required for such party to perform its obligations hereunder.

 

  1.  
    1. No Third-Party Beneficiaries. Except as otherwise expressly provided in this
      Agreement, nothing in this Agreement is intended, nor shall anything
      herein be construed to confer any rights, Terms of Service or equitable,
      in any Person other than the parties hereto and their respective
      successors and permitted assigns. Notwithstanding the foregoing, User
      acknowledges and agrees that any supplier of third-party product or service
      that is identified as a third-party beneficiary in the Service
      Description, is an intended third-party beneficiary of the provisions set
      forth in this Agreement as they relate specifically to its products or
      services and shall have the right to enforce directly the terms and
      conditions of this Agreement with respect to its products or services
      against User as if it were a party to this Agreement.

 

  1.  
    1. Government Regulations. User may not export, re-export, transfer or make
      available, whether directly or indirectly, any regulated item or
      information to anyone outside the United States in connection with this
      Agreement without first complying with all export control laws and
      regulations which may be imposed by the United States government and any
      country or organization of nations within whose jurisdiction User
      operates or does business.

 

  1.  
    1. Marketing.
      User agrees that during the term of this Agreement Total Hosting may
      publicly refer to User, orally and in writing, as a User of Total Hosting.
      Any other public reference to User by Total Hosting requires the written
      consent of User.

Revised: August
2008

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