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Terms of Service

Terms of Services This service agreement is between Host Concepts Inc. (FinestHost.com) (hereinafter "Company," "we," "our," or "us") and you, our customer (hereinafter "Customer," "you" or "your"). Any questions regarding our policies should be directed to hosting@finesthost.com By using our hosting services, you agree to comply with our policies set for FinestHost.com/Host Concepts Inc. You are expected to use our servers and service with respect and responsibility. You must be at least 18 years old to use our services. All services provided by Host Concepts, Inc. (FinestHost.com) may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. This includes, but is not limited to: copyrighted material, Trademarks, material we judge to be threatening or obscene or material protected by trade secret and other statute, and invasion of privacy. The subscriber agrees to indemnify and hold harmless Host Concepts, Inc. (FinestHost.com) from any claims resulting from the use of the service which damages the subscriber or any other party. The terms of this agreement shall survive the termination of your account with FinestHost.com/Host Concepts Inc. All pornographic content and sex-related merchandising is prohibited on all Host Concepts, Inc. (FinestHost.com) servers. This includes sites that links to adult content elsewhere. Host Concepts, Inc. (FinestHost.com) will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Host Concepts, Inc. (Finesthost.com) servers or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links: Pirated software Hacker programs or archives Warez sites Pornographic material of any kind. Download only sites Commercial MP3 Sites MLM, Multi Level Marketing websites. Copyrighted material Refunds/Billing Customer understands and agrees that they will be billed by FinestHost.com/Host Concepts Inc. for the the account services provided. You also agree to authorize all recurring charges to the account, and to be bound to the terms of this Agreement. We will notify you before we charge you for incurred expenses resulting from bandwidth or add-on's. * Customer agrees that they are signing up for a subscription and that you will be billed for the next billing period unless you cancel your account by the cancellation form on our website http://www.FinestHost.com/CancelAccount.asp . We have no way of knowing that you would like to cancel your services if you don't tell us. Not renewing your domain name or transferring your domain name from our servers is not considered a cancellation. If you are unhappy with our services and cancel your account If you have a credit for hosting months you have paid for but have not used you will receive a credit for those un-used months within 30 days from the cancellation date. You will not receive a credit for the initial one time setup fee if applicable, optional add ons, optional domain registrations, any discounts received, excess traffic and disk space or free months given during our special if applicable. Customers canceling during their first billing invoice will forfeit all free months given during signup special. Cancellations are effective at the end of the calendar month that your request for cancellation is received. There is a $25 cancellation fee applied to your account if your billing subscription has not expired. All credits will be applied to the credit card we have on file or if you have submitted your payment via paypal.com or Company check the credit will be applied there. It is your responsibility to ensure that we have received your request for cancellation. All claims of cancellation will not be honored. Customer must notify FinestHost.com of the cancellation request a minimum of 15 days prior to the billing renewal date. If you notify FinestHost.com less then 15 days prior to the billing renewal date and you cancel your account there will be a charge for the next month. Your account will be prorated from the date you signup with us. Resellers or customers with multiple accounts because of the free months specials your discount is applied to your next billing invoice. Your account will be billed by the 1st day of the billing month until you cancel your account. Billing for your account is due and payable no latter than the 1st of the month when payment is due unless prior arrangements have been made with our billing department in advance. Downgrading an account: All downgrades will take place on the next billing cycle. Customer agrees to keep up to date billing and contact information with our company. Reconnection Fee: If your account is disabled due to non-payment we will keep the website on our servers for a maximum of 30 days from the due date. Within that 30 day period if you would like to reactivate the account there may be a $25 reconnection fee. After the 30 days we will delete your account from our servers. Customers that cancel an account cannot re-signup and receive the free discounts that are for new customers only. Promotions: All promotions of 3 months free ect. are for new customers only unless otherwise noted. Company Checks: Customers wishing to pay by company/personal check or money order will need to pay one or two years in advance. Charge back's: All customers wishing to dispute any charges must contact us before issuing a charge back with their credit card provider. All disputes must be in writing and faxed to our corporate office 1-951-698-3448. Once a charge back is issued we will investigate the matter and take the appropriate action however we will no longer host this account since fraudulent charge backs is a crime. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount according to our policies. Domain Names As a service to our customers we provide domain name registrations. We are not a domain registrar and do not bill your credit card directly for domain registrations. If you have a billing question regarding a domain name that you have registered through our website you will need to contact dotster.com. If you have any other questions not relating to billing for your domain name please feel free to contact us directly. Privacy We will not sell, share or rent your information to others unless it is required by any law enforcement or government agency. We will protect the confidentiality of our customers account information and personal communications to the fullest extent possible and consistent with the law. When calling or emailing our company you MUST be a contact for the account. If you are not a contact we cannot assist you. System and Network Security Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Failure to notify us of suspected or known security issues which effect the integrity of the network. Your site may be disabled during our investigation of the violations. Misuse of System Resources It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time, bandwidth or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account. Customer may not resell, share or give away Web space or any part of their individual hosting account, nor may Customer build Websites that house "sub domains" Websites on behalf of other companies, groups, individuals or for personal use. You may not redirect URL's that point to different Websites/Sub Directories within your website. When we become aware of the violation immediate suspension of account will occur. Customers who wish to resell the Company's Web space should contact us for more information on reselling our services. Conduct Our Company promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with agents of the Company, via telephone, email or any other means will result in immediate account termination. FinestHost.com (Host Concepts Inc.) has the right to refuse service to anyone for any reason at anytime. Security The customer shall protect the security of its information and data, and Our Services. The customer shall not disclose any password, for access to any of Our Services, to any third party. Spamming Sending unsolicited mail messages, including, without limitation, informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site. It is against our policy for customers to use our servers to effect or participate in any of the following activities: 1. To send unsolicited mass e-mailings. 2. To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Finest Host provided server, or using a Finest Host provided server as a mail drop for responses. 3. To falsify user information provided to Finest Host or to other users of the service in connection with use of our service. You cannot use our servers for mass outgoing automated mailings. You must also use your ISP for outgoing mail for your regular email application excluding forms on your site or web based email we provide you. We are aware of all of the incoming and outgoing mail from our servers at all times. Limitation of Liability Customer agrees that it shall defend, indemnify, save and hold Finest Host.com/Host Concepts Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Finest Host/Host Concepts Inc., its agents, its customers, officers and employees or any 3rd parties we do business with, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless FinestHost.com/Host Concepts Inc. against liabilities arising out of; (1) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Finest Host.com/Host Concepts Inc. server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Finest Host/Host Concepts Inc. server. Any disputes will be filed in the state of California in the county of Riverside at customers expense. Finest Host.com/Host Concepts Inc. will not be responsible for any damages your business may suffer. Finest Host.com/Host Concepts Inc. makes no warranties of any kind, expressed or implied for services or software that we provide. Finest Host.com/Host Concepts Inc. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, lost data and any and all service interruptions caused by Finest Host.com/Host Concepts Inc. and its employees and any 3rd parties. Although we maintain a 99.9% uptime FinestHost.com/Host Concepts Inc. does not issue service credits for any outages. Consequences of Violation: When FinestHost.com becomes aware of an alleged violation of its Acceptable Use Policy, We will initiate an investigation. During the investigation We may restrict Customer 's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, We may, at our sole discretion, restrict, suspend, or terminate Customer's account with or without notice and/or pursue other civil remedies. If such violation is a criminal offense, We will notify the appropriate law enforcement departments of such violation. Modification Finest Host/Host Concepts Inc. reserves the right to add, delete, or modify any provision of this Policy or Hosting services at any time without notice. We pride ourselves in providing the best customer service to our clients. We welcome all questions you may have regarding your account. Log Files For customers that recieve log files and or stats please be aware that all log files will be deleted every 60 days therefore you should make sure that you download your reports from your control panel before the deletion. Backup: We backup the entire contents of our servers on a regular basics however we cannot restore individual files from our backups. Our Backups are geared more to protect server data. Therefore we encourage and require that our clients backup their websites on their hard drives. We are not responsible for lost data or email stored on our servers. *You have the ability to backup your website in your control panel by selecting the backup feature. Reporting Network Abuse: Any party seeking to report any violations of Finest Host/HostConcepts Inc. policy may contact us via e-mail: at abuse@finesthost.com or call us at 951- 698-5521. We thank you for your consideration and respect to other internet users.

I have read and understand the terms of service.