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User Agreement

This User Agreement ("Agreement") defines the terms under which AmeriNOC provides a user account. This Agreement is a binding contract between AmeriNOC ("AmeriNOC") and the individual or company ("User") defined when creating a user account on the order form.

BY COMPLETING THE FORM TO CREATE A USER ACCOUNT, USER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OUR ACCEPTABLE USE POLICY ("AUP") AND ALL AGREEMENTS, RULES AND POLICIES INCORPORATED HEREIN OR INCORPORATED BY REFERENCE. AMERINOC RESERVES THE RIGHT TO REVISE THIS AGREEMENT AT ANY TIME. USER'S CONTINUED USE OF SERVICE CONSTITUTES CONTINUED ACCEPTANCE OF THIS AGREEMENT.

1. Description

For the management of services provided by AmeriNOC, a user account is used. A stand-alone user account can be created or a user account will be created as part of the process when ordering service.

2. Contact Information

User acknowledges that the contact information supplied when creating a user account or when modifying the contact information in the Account Manager will be the only information used by AmeriNOC to communicate with User. User agrees to immediately validate and update the contact information for the user account when necessary or upon notification from AmeriNOC to do so. User acknowledges that willfully providing false contact information may result in the suspension of the user account and some or all of the services associated with the user account.

User agrees that AmeriNOC is not responsible and will not be liable for disruption to any service as a result of User not able to receive notices of any kind because of invalid or out-of-date contact information.

3. Security

A user account has an associated username and password. The username and password is used to gain access to tools necessary to manage services attached to the user account. Absolutely NO access will be provided without the user account's username and password. AmeriNOC is not responsible and will not be liable for unauthorized cancellations, modifications, or purchases made with the proper username and password combination. User acknowledges that the username and password should be guarded and not disseminated unless necessary.

In the event that User can not remember the username and password combination, AmeriNOC will provide the information provided the User can receive an email to the email address provided in the user account contact information, can validate an active credit card on the user account or provide details about a recent check or PayPal payment, or can provide proof of identity for the individual or company provided in the user account contact information. AmeriNOC will not provide the username and password under any other circumstances, no exceptions.

4. Linked Services and Accounts

A user account can have a combination of accounts and services associated with it. When new service is ordered, the user account supplied on the order form is the user account to which the new service is associated. Existing accounts and services can be moved among user accounts provided the username and password of the user account to which the account or service is currently attached is supplied.

User acknowledges that the user account to which accounts and services is associated is the user account used to manage those accounts and services. User acknowledges that with the username and password of the user account, any account or service attached to the user account can be canceled or modified. AmeriNOC is not responsible and will not be liable for unauthorized changes made to accounts or services attached to a user account made with the proper username and password combination.

5. Notices

AmeriNOC will send notices concerning accounts and services attached to a user account via email to the email address provided with the user contact information. User agrees that notice to this address via email is sufficient for all notifications for all accounts and services. User agrees that AmeriNOC is not responsible and will not be liable for any outcome related to a notice not being received.

AmeriNOC will periodically send email messages to the email address provided with the user contact information containing promotions, specials or reminders about services offered. User acknowledges that the periodic messages contain information pertaining to an account or service User has with AmeriNOC. AmeriNOC will provide the User the option to opt-out of receiving promotional email messages only. Messages sent to User pertaining to an account or service already provided are not promotional and no option to opt-out of receiving them will be allowed.

6. Privacy

AmeriNOC respects the privacy of every user. AmeriNOC will never disclose contact information of user accounts to any third parties other than the disclosure required for public contact information on domain name registrations if the contact information on a domain name is the same as that on the user account. AmeriNOC will never willfully sell, lease, or rent any personal information about user to any third party without permission.

User acknowledges that AmeriNOC will disclose any information requested by subpoena or court order. User acknowledges that AmeriNOC will fully cooperate with and will disclose any information requested pursuant to criminal or civil investigation by any Federal government or law enforcement agency.

7. Governing Law

User acknowledges that all agreements shall be governed by and construed in accordance with the laws of the State of California. User agrees that any dispute under any agreement may only be brought in a court in Los Angeles County, California. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.

8. Indemnification

User agrees to indemnify, defend and hold harmless AmeriNOC 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 AmeriNOC's services, any violation by User of the AUP, any violation by User of the Web Hosting Service agreement, if applicable, any breach of any representation, warranty or covenant of User contained in this Agreement or any acts or omissions of User. The terms of this section shall survive any termination of this Agreement.

Acceptable Use Policy

This Acceptable Use Policy ("AUP") sets forth the principles that govern the use by customers of services provided by AmeriNOC ("AmeriNOC").

Services provided by AmeriNOC can be used to host any web site, send or receive any email communication, or forward or point through the Domain Name System ("DNS") or other means to any location provided the service, content, or products offered, displayed, or transmitted do not violate the laws of the United States or the State of California, any part of this AUP, and all rules, policies, and agreements incorporated herein or incorporated by reference.

AMERINOC RESERVES THE RIGHT TO REVISE THE ACCEPTABLE USE POLICY AT ANY TIME. CUSTOMER'S CONTINUED USE OF SERVICE CONSTITUTES CONTINUED ACCEPTANCE OF THIS ACCEPTABLE USE POLICY.

1. Spam Activities

The sending of unsolicited bulk email ("Spam") or aiding, in any way, the sending of unsolicited bulk email including but not limited to promoting the sale or use of software or services to facilitate the sending of bulk email using any service provided by AmeriNOC is strictly prohibited. The sending of unsolicited bulk email using or referring to an email address or web site provided by AmeriNOC or a domain name using the DNS service of AmeriNOC, regardless of whether AmeriNOC's service was used to send the email, is prohibited.

Cross-posting messages to a large number of Usenet groups, posting unsolicited advertisements to web-based bulletin boards, or posting obscene or threatening messages anywhere while using or referring to an email address or web site provided by AmeriNOC or a domain name using the DNS service of AmeriNOC is prohibited.

The use of servers provided by AmeriNOC as a mail or message drop for responses to activities described above is prohibited. Linking from a web site provided by AmeriNOC under the hosting service or a web site using a domain name that uses the DNS service of AmeriNOC to providers of the activities listed above is also prohibited.

2. Software/Multimedia Distribution

A web site or email address provided by AmeriNOC or a web site or email address using a domain name that uses the DNS service of AmeriNOC can not to be used to distribute "cracked" versions of copyrighted software (a.k.a. warez), serial numbers for copyrighted software or copyrighted multimedia files (i.e. music files or MP3s). Linking from a web site provided by AmeriNOC or linking from a web site using a domain name that uses the DNS service of AmeriNOC to pirated software or illegal contraband or to other locations providing pirated software or illegal contraband is also prohibited.

3. Adult Content

A web site provided by AmeriNOC under the hosting service containing adult material, adult-oriented merchandise or links to adult material or adult-oriented merchandise is not permitted. AmeriNOC, at its sole discretion, will determine what constitutes adult material or adult-oriented merchandise.

4. Security

Any attempt to circumvent system security, including but not limited to, trying to access another customer's files or database or trying to gain shell access to an AmeriNOC server is prohibited. Attempting to manipulate any server or another customer's content is prohibited.

5. System Abuse

System Abuse, including but not limited to, excessive server CPU use, excessive server RAM use, excessive server disk I/O, or any thing that may affect other customers is prohibited. The installation of bots, or scripts or applications shared with a web site hosted by an outside provider is not permitted. AmeriNOC, at its sole discretion, will determine what constitutes system abuse.

6. Disk Resource Use

Disk space provided in association with the hosting service may only be used for files and content linked from or in direct support of the hosted web site. The provided disk space may not be used at any time as a location to archive or backup files not directly related to the hosted web site.

AmeriNOC Affiliate Agreement

The terms "affiliate", "you", and "your" refer to, whether as an individual or entity, to you as the one applying to AmeriNOC's affiliate program. The terms "we" and "our" refer to AmeriNOC.

1. TERMS AND CONDITIONS

IMPORTANT-READ CAREFULLY: THIS AFFILIATE PROGRAM AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND AMERINOC FOR PARTICIPATION IN AMERINOC'S AFFILIATE PROGRAM AS MANAGED BY AMERINOC'S INTERNAL PROGRAM. BY REGISTERING FOR AND PARTICIPATING IN OUR PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT SIGNUP FOR OR PARTICIPATE IN THE PROGRAM. IF YOU ARE ALREADY AN AMERINOC AFFILIATE AND DO NOT AGREE TO THE ENTIRE AFFILIATE AGREEMENT, THEN IMMEDIATELY TERMINATE ALL USES OF AMERINOC'S MATERIALS AND ANY LINKS TO AMERINOC'S WEBSITE.

If you are accepted to participate in our affiliate program and your site is thereafter determined (at our sole discretion) to be unsuitable based on the criteria below, we reserve the right to terminate this agreement:

· Promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
· Promotion of illegal activities
· Promotion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethnically or otherwise objectionable
· Promotion of content related to liquor, tobacco, firearms, drugs, gambling, crime or death
· Promotion of any unlawful behavior or conduct.
· Any other material deemed inappropriate or offensive by AmeriNOC.

2. CHANGES

AmeriNOC reserves the right to make changes to the affiliate agreement at anytime and solely at our discretion. Continued participation in our affiliate program constitutes your agreement to any and all changes made to this agreement.

3. COMMISSIONS

Affiliates earn $75 for every new 12 month (or greater) hosting account, $50 for every new VPS and $100 for a new dedicated server sale generated.
Qualifying sales must meet the following criteria to be eligible for commission credit:

· Each new sale must be by a new and unique visitor to AmeriNOC.
· All web hosting sales must remain active for 30 days before credit will be given. VPS and Dedicated Server sales must remain active for 90 days before credit is given.
· Each new sale must remain in good standing. Commissions will not be credited for sales that have been cancelled, terminated, charged back, refunded, or have outstanding balances within the 30 - 90 day activation period.

All sales must originate from the affiliates unique tracking URL. The tracking URL we provide must not be altered. It is unique to each affiliate and any changes could result in inaccurate statistics generated and for commissions not to be credited for a sale. Please test your unique tracking URL each time you use it. AmeriNOC will not be responsible for, nor give credit for, sales that does not have your unique tracking URL attached to it.

Affiliate generated sales that do not meet these requirements, will not be eligible for commission credit.

4. PAYMENT

Commissions are paid when affiliates reach a $75 commission balance. Commission balances that have not yet reached $75 will carry over to the next month until the $75 minimum has been reached. Commissions are processed at the end of each month and paid by check. Checks will be made payable to the "name" you provided in your affiliate account. All funds are paid in U.S. dollars.

Affiliates are responsible for their own tax liabilities on commission earnings from our affiliate program. United States affiliates are required to complete IRS Form W-9 and send it to AmeriNOC before any commissions can be paidout. The form can be sent by mail or fax using the following information (Please be sure to include your AmeriNOC username):

By mail:
ATTN: Affiliate Department
AmeriNOC
3655 Torrance Blvd Suite 180
Torrance CA, 90503

By fax:
ATTN: Affiliate Department
1-310-316-4991

5. AFFILIATE RESTRICTIONS

The following restrictions apply to all affiliates. If at anytime these restrictions are not adhered to, this agreement will be terminated and any unpaid commissions will no longer be valid.

· Commissions earned through our affiliate program cannot be transferred to another user, hosting account, or AmeriNOC program.

· Affiliates cannot earn commissions on their own hosting accounts or domain registrations.

· Affiliates are prohibited in utilizing our protected keyword "AmeriNOC" or any variation, misspelling or combination of words with our keyword, in advertising and search engine sites.

· Affiliates are prohibited in making a representation, either expressed or implied, that visitors to your site are visiting AmeriNOC's site.

· Affiliates are prohibited in using spam or any other unsolicited mass email campaigns.

6. DISCLAIMER

AmeriNOC does not express or imply any warranties or representations in respect to our affiliate program or an affiliate's potential to earn income from our affiliate program. We make no representation that either our site or that of the affiliate program will be uninterrupted or error-free and we will not be liable for any consequences of interruptions or server down time. Determination of compliance with all terms and conditions will be solely up to the discretion of AmeriNOC.

Domain Name Registration Agreement

This Domain Name Registration Agreement ("Agreement") sets forth the terms and conditions of your use of AmeriNOC to register an Internet domain name and/or to transfer a domain name from another registrar to AmeriNOC. To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement and any rules or policies that are or may be published by AmeriNOC. By submitting your registration and service request, you agree to be bound by all terms and conditions of this Agreement. You acknowledge that AmeriNOC may modify or amend this Agreement at anytime.

1. Our Services

AmeriNOC is a reseller for an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for Top Level Domain Names (TLDs), currently .com, .net, .org, .biz, and .info. ICANN oversees registrations and other aspects of the TLDs. As an accredited domain name registrar, Omnis Network, LLC is, upon accepting your domain name registration application, your sponsor for that application.

All domain name registrations we register for TLDs are not effective until we have delivered the domain name registration information you provide us to the registry administrator for the TLDs, as applicable, and the registry administrator puts into effect your domain name registration. Currently, the registry administrator for the .com and .net TLDs is VeriSign Global Registry Services. The registry administrator for the .info TLD is Afilias Limited ("Afilias"). The registry administrator for the .biz TLD is Neulevel.

You agree and acknowledge that AmeriNOC is not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to your application and receipt of, or failure to receive, a domain name registration.

You further agree to indemnify, defend and hold harmless the registry administrator and their directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, your domain name registration.

2. Security

AmeriNOC uses a user name/password protection system to identify individuals authorized to maintain domain names. This user name/password combination will be absolutely required to make any modifications and renewals to the domain name registration. This information will be emailed upon request to the email address on record for the user account associated with the domain name registration. It is the responsibility of the user to keep the contact information on record up to date. You agree and acknowledge that AmeriNOC is not liable or responsible in any way for domain name cancellations or related actions resulting from incorrect contact information.

3. Fees

As consideration for the domain name registration services provided by AmeriNOC, you agree to pay AmeriNOC, prior to the effectiveness of the desired domain name registration, all applicable initial registration and renewal fees. All fees are nonrefundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. AmeriNOC reserves the right to change fees, surcharges, and renewal fees or to institute new fees at anytime, for any reason, at its sole discretion.

Your requested domain name will not be registered until AmeriNOC receives actual payment of the registration, renewal and reinstatement fees as applicable. In the event of a chargeback by a credit card company or similar action by any payment provider allowed by AmeriNOC in connection with the payment of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to AmeriNOC as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate your domain name registration solely at our discretion and subject to our receipt of the initial registration or renewal fee and any reinstatement fees we may charge.

4. Renewal

You will be notified via email to the email address on record as the billing contact at regular intervals beginning sixty (60) days before the registered domain name expiration. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. Should renewal fees go unpaid beyond the domain name's expiration date or within the time specified in a notice or reminder regarding renewal, your registration will be cancelled.

Cancelled registration will result in the deletion of the registered domain name from the applicable registry. Deleted domain names may enter a Redemption Grace Period status. The Redemption Grace Period provides an opportunity to restore the domain name and retain ownership. Restoration from the Redemption Grace Period may require a fee in addition to the registration and renewal fee and must be paid prior to a domain name being restored from Redemption Grace Period.

You agree and acknowledge that AmeriNOC is not liable or responsible in any way for domain name cancellations or related actions resulting from our inability to notify you of the domain name renewal because of incorrect contact information or your failure to renew a domain name registration before the expiration date for any reason.

5. Domain Name Dispute Policy

You agree to submit to proceedings under ICANN's Uniform Domain Name Dispute Resolution Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the dispute policy may be found at ICANN's website: http://www.icann.org/udrp/. This policy has been developed by ICANN and/or the specific Registration Administrator and is a required component of every registration agreement. Please take the time to familiarize yourself with this policy.

You agree to indemnify, defend, and hold harmless ICANN, AmeriNOC, Registry Administrators and their respective directors, officers, employees and agents 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 domain name registration and any disputes regarding same.

6. Modifications to the Domain Name Registration Agreement and Dispute Policy

You acknowledge that the domain name system and the practice of registering and administering domain names are evolving and, therefore, you agree that AmeriNOC may modify this Agreement and the Dispute Policy if necessary to comply with its ICANN Agreement, and any other Agreements that AmeriNOC is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Such modifications will be at the sole discretion of AmeriNOC. Your continued use of the domain name registered to you shall constitute your acceptance of this Agreement and the Dispute Policy with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be cancelled or transferred to a different domain name registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policy.

7. Registration Information

You agree to submit all contact information requested during the domain name registration process. AmeriNOC's agreement with ICANN and the registry administrators, requires the collection of this contact information. You further agree to immediately validate and update the registration information for the domain name during the registration term of the domain name when changes are made or upon notification from AmeriNOC to do so. Willful provision of inaccurate or unreliable information, failure to update registration information or respond within fifteen (15) calendar days to a request to validate registration information shall constitute a breach of this Agreement and will result in the cancellation or suspension of the domain name registration.

8. Disclosure and Use of Registration Information

You agree and acknowledge that AmeriNOC will make available domain name registration information you provide or that we otherwise maintain to ICANN, to the registry administrators, and to other third parties as ICANN and applicable laws may require. You further agree and acknowledge that AmeriNOC may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws.

When registering a domain name under the .info TLD, you consent to the use, copying, distribution, publication, modification, and other processing of registration information you provide by Afilias and it designees and agents in a manner consistent with the purposes specified pursuant in its contract.

AmeriNOC will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations that we describe in this Agreement. AmeriNOC will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

9. Agents and Licenses

You agree that, if you are registering 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, including the Dispute Policy.

You further agree that you will furnish the requested information to identify the appropriate person as domain owner.

You agree that if you license the use of the domain name registered to you 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 technical, 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.

10. Right of Refusal

AmeriNOC, at its sole discretion, reserves the right to refuse to register your domain name or to enroll you in any services. In the event AmeriNOC does not register your domain name or enroll you in any services, no fees applicable to the rejected services will be collected. Furthermore, AmeriNOC, at its sole discretion, reserves the right to delete or suspend your domain name registration or cancel access to any services at any time if the domain name is used in any manner in unsolicited email (spam), if the domain name is used in any activity prohibited by United States law or if the domain name is used in any activity deemed unacceptable by AmeriNOC. After five (5) calendar days all applicable fees associated with deleted or cancelled registrations or services are non-refundable.

You agree that the registration of your domain name is subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy to correct mistakes by AmeriNOC or a registry administrator in registering the domain name or for the resolution of disputes concerning the registered domain name.

You agree that AmeriNOC shall not be liable to you for loss or damages that may result from our refusal to register your domain name or enroll you in any service, the suspension of your domain name registration or service or the deletion or cancellation of your registered domain name or service.

11. Changing Registrars

You agree that you will be prohibited from changing the registrar of your domain name for sixty (60) calendar days following the initial registration of the domain name with AmeriNOC. Beginning on the sixty-first (61st) calendar day following initial registration, AmeriNOC will notify the owner of the Omnis Network user account responsible for the domain name in question via the email address on file whenever we receive a request to transfer the domain to another registrar. The user may then access the Account Manager to authorize or deny the transfer. If a rejection or authorization is not explicitly provided via the Account Manager within five (5) days of the initial request, the request to change registrars will be automatically granted by the registry. Your request to change registrars may be denied in situations described in the Dispute Policy, your pending bankruptcy, a dispute over the identity of the domain name holder, and default in the payment of any fees due.

12. Domain Name Modifications

Although AmeriNOC will accept changes to domain name contact and name server information through the Domain Name Control Panel, AmeriNOC's record of the domain "owner" can only be changed via the following procedure. To transfer ownership of the domain to another party, the customer must pay all outstanding registration fees and submit through the Domain Name Control Panel the applicable form that describes the intent to relinquish ownership of the domain to a specific party. The new domain owner, who must be the specific party designated by the old domain owner, must then follow the online procedures for obtaining ownership of the previously relinquished domain name. The new domain owner must also pay a transfer of registration fee.

13. Representations and Warranties

You represent and warrant that all information provided by you in connection with your registration is complete and accurate. Furthermore, you represent and warrant that the domain name registration or the manner in which it is directly or indirectly used will not infringe the legal rights of any third party and will not violate United States law.

AmeriNOC makes no representation or warranties of any kind in connection with this Agreement. AmeriNOC does not represent or warrant that registration of your domain name will immunize you from challenges to your domain name.

14. Jurisdiction

This agreement shall be governed by the laws of the United States of America and the State of California. For the adjudication of disputes concerning or arising from use of the domain name registered with AmeriNOC, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of your home or business and where AmeriNOC is located.

15. Limitation of Liability

YOU AGREE THAT AMERINOC WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (A) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (B) THE USE OF YOUR DOMAIN NAME, (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO AMERINOC'S REGISTRATION SYSTEM, (D) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND AMERINOC, (E) EVENTS BEYOND AMERINOC'S REASONABLE CONTROL, (F) THE PROCESSING OF YOUR APPLICATION, (G) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (H) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER, OR (I) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, AMERINOC WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, 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 AMERINOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT AMERINOC'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY SERVICES PROVIDED BY AMERINOC UNDER THIS AGREEMENT AND ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICES. IN NO EVENT SHALL AMERINOC'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR INITIAL REGISTRATION OF THE DOMAIN NAME AND ANY RENEWALS THEREOF IN THE PAST THREE YEARS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Web Hosting Service Agreement

This Web Hosting Service Agreement ("Agreement") defines the terms under which AmeriNOC provides web hosting service ("Service"). This Agreement is a binding contract between AmeriNOC ("AmeriNOC") and the individual or company ("Customer") defined on the order form when an order for service is submitted.

BY COMPLETING AN ORDER FOR SERVICE, CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OUR ACCEPTABLE USE POLICY ("AUP"), AND ALL AGREEMENTS, RULES AND POLICIES INCORPORATED HEREIN OR INCORPORATED BY REFERENCE. AMERINOC RESERVES THE RIGHT TO REVISE THIS AGREEMENT AT ANY TIME. CUSTOMER'S CONTINUED USE OF SERVICE CONSTITUTES CONTINUED ACCEPTANCE OF THIS AGREEMENT.

1. Term of Service

The term of service is determined by Customer's selection on the order form during the order process or by Customer's request to AmeriNOC's Customer Service Department ("Customer Service") to change to a different currently offered term. The term shall begin upon the processing of Customer's order, which may not necessarily coincide with the commencement of service, or upon completion of requested changes by Customer Service.

Upon completion of the term, Customer acknowledges and agrees that the term will renew automatically for successive terms of length equal to the prior term.

2. Order Acceptance

AmeriNOC may refuse to accept an order for service at its sole and exclusive discretion. AmeriNOC provides no guarantee or assurance to the time in which a new order will be processed. Any fees charged to Customer for an order that was refused will be returned in full.

3. Payment

Customer authorizes AmeriNOC to automatically bill and charge the credit card provided, if applicable, for each term unless service is terminated or cancelled by either party prior to the term's expiration. Customer acknowledges if using a payment method other than credit card, payment must be received prior to term's expiration to ensure uninterrupted service. AmeriNOC may, at its sole discretion, suspend or terminate service without notice if Customer fails to provide payment for the new term.

If Customer initiates a chargeback with the provider of a credit card or initiates a similar action to a payment provider allowed by AmeriNOC for charges billed by AmeriNOC for service, service will be immediately cancelled without notice. Reestablishment of service following a chargeback or similar action will require sufficient explanation for the action and payment of the disputed charge and AmeriNOC's bank dispute fee. AmeriNOC, at its sole discretion, will determine whether any explanation provided for a chargeback or similar action is sufficient.

4. 30 Money Back Guarantee

AmeriNOC may offer a money back guarantee for select new hosting service. If a money back guarantee is available for service, Customer must request cancellation of service within the time frame permitted by the guarantee and refund must be explicitly requested. If cancelling service in accordance with a Money Back Guarantee, any promotions received in combination with the service will not be fulfilled.This includes but is not limited to any domain name registration provided free of charge with hosting service. If cancelling an account in accordance with a Money Back Guarantee, the refund applicable will be reduced by any discounted or rebated domain name registration fees. If necessary to recoup the discount or rebate provided for a domain name registation, the credit card provided for the service may be charged.

5. Cancellations

AmeriNOC reserves the right to cancel service at any time without notice and without refund upon breech of any Agreement, violation of our Acceptable Use Policy, or violation of any rule or policy.

Customer can voluntarily cancel service at any time by contacting Customer Service. Customer agrees that authorization information in the form of the user account username and password or the current active billing credit card number must be provided for a cancellation request to be processed. Cancellation requests without proper authorization will not be processed. AmeriNOC is not responsible for charges billed to Customer following a cancellation request received without proper authorization.

Customer acknowledges, upon cancellation of service, that content including but not limited to web site files, database data, and email stored under space allocated for Customer's service may be deleted at any time following cancellation.

Customer agrees, upon cancellation of service, that AmeriNOC will not automatically refund any service fees. Customer must request a refund for any unused service fees by contacting Customer Service. Upon request, a prorated refund for the unused term will be issued through the same method with which the service fee was collected.

6. Acceptable Use Policy

An Acceptable Use Policy ("AUP") is in effect for hosting service. Any violation of the AUP may result in the immediate cancellation or suspension of any or all service without warning.

7. Resource Allocation

Customer acknowledges that the real-time resources allocated for hosting service are dynamically allocated based on the amount of overall resources used by Customer. Real-time resources include but are not limited to bandwidth, MySQL connections, email connections, web server CPU, and web server RAM. Real-time resources may be affected by things such as, but not limited to, bandwidth and disk space used, the number or size of configured email accounts, the number of web sites configured under hosting service, or the number of or activity on connections to MySQL databases.

AmeriNOC uses Network-attached storage devices to store Customer's files. The nature of this type of storage requires that AmeriNOC limit the number of files Customer can store with the hosting service to prevent exhaustion of the total number of files permitted on the storage device. This limit is 81920 files. Customer acknowledges that this limit exists for all hosting service and can not be adjusted.

8. Email Service

The hosting service provided to Customer includes email service. Customer acknowledges that email is not an instant message service and email delivery may be delayed by many factors beyond AmeriNOC's control.

AmeriNOC employs various techniques to hamper unsolicited email and virus dissemination through email. Customer acknowledges that some of the techniques may prevent receipt of email from some senders. AmeriNOC can assist in determining the cause of the failure but it is the sender's responsibility to resolve the condition that caused the failure. Customer agrees that AmeriNOC is not responsible and will not be liable for any outcome related to the failure to receive an email.

Email accounts provided by AmeriNOC may not be used for permanent archival of email messages. AmeriNOC may, at its sole discretion, suspend an email account if the email account's disk usage is abusive or grossly exceeds the normal usage of other customers or detrimentally affects the service of other customers in any way.

Email accounts have a per mailbox limit of 2 gigabytes and 10,000 email messages, whichever comes first. Once that limit is reached, messages destined for the affected mailbox will be refused by inbound mail systems using industry standard methods.

Email messages stored in folders of an email account meant to hold deleted messages or messages marked as spam will be purged. Messages older than 7 days in folders meant to hold deleted messages will be deleted. The folders defined by AmeriNOC to be intended to hold deleted message are 'Trash' and 'Deleted Items'. Messages older than 14 days in folders meant to hold messages marked as spam will be deleted. The folder defined by AmeriNOC to be intended to hold messages marked as spam is 'Spam'.

Customer acknowledges that email accounts left dormant will be removed. AmeriNOC considers an email account dormant that has not been accessed for a period of 6 months following prior usage or that has never been accessed for a period of 90 days since creation. Customer agrees that when an email account left dormant is removed the email stored in association with the dormant email account will be deleted. Customer agrees that AmeriNOC is not responsible and will not be liable for any content lost when a dormant email accounts is removed.

9. Confidentiality

AmeriNOC acknowledges that the data stored in support of hosting service, including but not limited to web site files, email messages, web site logs, and database content, is confidential. AmeriNOC will never willfully access, review, or disseminate stored data unless necessary to provide customer service and troubleshooting, in reviewing for policy compliance, when administering hosting services, or in response to a subpoena, search warrant, or court order.

10. Security

AmeriNOC uses industry standard practices to protect stored files, email messages, web site logs, database content and any other data stored for support of a hosting account. AmeriNOC makes no guarantee to the security of applications installed by Customer including but not limited to third party applications installed through the Account Manager. Customer acknowledges they are solely responsible for the security of all applications installed by Customer even if the installation was facilitated through the Account Manager.

Customer acknowledges that the Internet is a volatile environment and AmeriNOC is not liable for confidential information stored by applications installed by the Customer. Customer must take all appropriate precautions to secure confidential or sensitive information including encrypting if Customer deems necessary. Customer acknowledges they are solely responsible for ensuring the security of stored data and agrees that AmeriNOC is not liable for release of stored data.

11. Web server Logs and Web site Statistics

AmeriNOC provides the option for Customer to enable and use tools to generate web site statistics for a hosted web site. The web site statistics will be generated automatically based on the web server activity associated with the hosting service. AmeriNOC makes every attempt but does not guarantee to provide web site statistics on a daily basis. Customer acknowledges that the analysis of web site statistics is a system intensive process and the analysis may occasionally run behind. Customer agrees to hold AmeriNOC harmless against claims related to delayed web site statistics analysis.

AmeriNOC provides the option for Customer to be provided with raw log files containing the web server activity associated with a hosted web site. Log files will be written periodically to a directory unique to each hosted web site. AmeriNOC makes every attempt but does not guarantee to provide log files on a daily basis. Customer acknowledges that the creation of the log files may occasionally run behind schedule. Customer agrees to hold AmeriNOC harmless against claims related to delayed access to log files.

To preserve disk resources, logs files will be deleted on a periodic basis. Customer is solely responsible for obtaining the log files prior to deletion. AmeriNOC is not liable for logs files not retrieved by Customer prior to periodic deletion.

12. Customer Content

Customer acknowledges that web site construction and management is Customer's responsibility. AmeriNOC is not responsible for web site management or files lost or damaged by Customer. AmeriNOC recommends that Customer maintain backups of content outside of space associated with hosting service.

AmeriNOC maintains system backups that are intended only to recover from system failure. The system backups are not intended for restoration of files to individual sites. A fee of $100.00 may be charged should Customer require any files from system backups. AmeriNOC does not guarantee that the files contained in the system backup are the most recent copies for a given site. System backups are available for at most 6 days.