HostNOW LLP Terms and Condition, Acceptable Usage Policy, SLA, and Terms of Use

User Agreement:
This Agreement will govern your purchase and use of any HostNOW LLP Web Hosting Services (collectively called "Plan(s)", your account will also be referred to as your "Plan(s)"), ordered by you and accepted by HostNOW LLP and explains the terms and conditions that apply to your purchase and the use of the Plan(s). It is required that you register and accept this terms and conditions in order to use the Plan(s). By payment and registration of a plan, you acknowledge that you have read this agreement and agree to be bound by the terms and conditions contained on this document as well as all policies and guidelines incorporated by reference. You agree that the act of submitting your order form online is equivalent to your signature. You agree that all the information you submit online is true and correct to the best of your knowledge.

The Acceptable Use Policy (AUP):
Under this Agreement, Customer shall comply with HostNOW LLP's then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by HostNOW LLP, which currently can be viewed under the terms of service section of this web site, and which is incorporated in this Agreement by reference. Customer 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. HostNOW LLP does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Customer via the Service (the "Customer Content"). Customer Content includes content of Customer's customers and/or users of Customer's website. Accordingly, under this Agreement, you will be responsible for your customers content and activities on your website. Notwithstanding anything to the contrary contained in this Agreement, HostNOW LLP may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the AUP. In the event HostNOW LLP takes corrective action due to a violation of the AUP, HostNOW LLP shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that HostNOW LLP shall have no liability to Customer or any of Customer's customers due to any corrective action that HostNOW LLP may take (including, without limitation, Termination of Services).

Term:
The Term of this Agreement shall be as set forth in the Order Form (the "Term"). The Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE HostNOW LLP 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".

Payment:
All charges for your Plan(s) must be paid in advance according to the most current price or your previously locked in price of the Plan(s). Upon registration, you must pay for your Plan(s) by our acceptable payment methods listed in our website. Upon paying for your Plan(s), you thereby grant permission to HostNOW LLP to charge any fees in accordance with your Plan(s). If you choose to pay by check, you authorize HostNOW LLP to automatically transfer money from your checking account, without invoice, via the transit and routing numbers you will supply or have supplied in the order form. If you pay by credit card, you must notify HostNOW LLP of any changes (including, but not limited to the, number, expiration, cancellation of your card, and your billing address) to your card that may prevent HostNOW LLP from billing you.

One Week Money Back Guarantee:
Each of HostNOW LLP's hosting plans carries a 7-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 7 days, you will be given a full refund of the fees paid upon plan cancellation requested by customer(s). The following services do not qualify for the 7-Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; account upgrades; and overage fees.

Refunds:
First week apply to our "One Week Money Back Guarantee". After the initial first week, the amount for refund will based the usage rounded to the nearest week of the month. If the total usage of month is more than half of your payment period, then no refund will given. In any case, the refund will be provided in the same payment method of the original payment and customer need to bear the transaction fee if applicable for payment received transaction and refund sending transaction.

Later Payment & Account Reactivation:
If user failed to pay the outstanding payment in one week, user may be charged 5% of total outstanding payment as penalty fee. If user failed to pay it the outstanding fee in two weeks, the accounts will be suspended. The suspension period will last two week. Any user may pay the outstanding payment to reactivate account during suspend period. After suspend period, account will delete from our servers, and HostNOW LLP will not be responsible for any data lost.

User Agreement Violations:
Failure to follow HostNOW LLP's Agreement, policies, and guidelines (collectively called "Conditions" will result in cancellation of your Plan(s). HostNOW LLP will be the sole arbiter as to what constitutes a violation of the Conditions. HostNOW LLP reserves the right to remove any Plan(s) without prior notice. HostNOW LLP may investigate any reported violation of the Conditions or any complaints and take any action that it deems appropriate and reasonable to protect its service, systems, facilities, and/or third parties.

Actions Taken by HostNOW LLP Hosting:
The failure by a customer to meet or follow any of the User Agreement is grounds for account deactivation. HostNOW LLP will be the sole arbiter as to what constitutes a violation of the User Agreement. HostNOW LLP reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When HostNOW LLP becomes aware of an alleged violation of its User Agreement, HostNOW LLP will initiate an investigation. During the investigation, HostNOW LLP may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, HostNOW LLP may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, HostNOW LLP will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the User Agreement if it is illegal, irresponsible, or constitutes disruptive use of the Internet. HostNOW LLP does not issue credits for outages incurred through service disablement resulting from User Agreement violations. Violators of the policy are responsible, without limitations, for the cost of labour to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by HostNOW LLP.

Customers' Responsibility:
Customers are required to use HostNOW LLP's service(s) responsibly. This includes respecting the other customers of HostNOW LLP. HostNOW LLP reserves the right to suspend and/or cancel service(s) with any customer who uses HostNOW LLP's Service(s) in such a way that adversely affects other HostNOW LLP customers. While HostNOW LLP may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, HostNOW LLP does not monitor its customers' communications or activities to determine whether they are in compliance with this agreement. However, when HostNOW LLP becomes aware of any violation of this agreement or the AUP, HostNOW LLP may take any action to stop or correct such violation, including, but not limited to, denying access to HostNOW LLP's services and equipment or to the Internet. In addition, HostNOW LLP may take action against a customer or a customer of such customer because of the activities of such customer. HostNOW LLP anticipates that customers who offer Internet services will cooperate with HostNOW LLP in any corrective or preventive action that HostNOW LLP deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of HostNOW LLP policy and HostNOW LLP reserves the right to take any such action even though such action may affect other customers of the HostNOW LLP customer.

Disclaimer of Warranty:
Customer agrees to use all Services and any information obtained through or from HostNOW LLP, at Customer's own risk. Customer acknowledges and agrees that HostNOW LLP exercises no control over, and accepts no responsibility for, the content of the information passing through HostNOW LLP'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. NONE OF HostNOW LLP, ITS 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, AN "HostNOW LLP 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 HostNOW LLP PROVIDES. NO HostNOW LLP 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. HostNOW LLP IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY HostNOW LLP. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY HostNOW LLP 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.

Limited Warranty:
HostNOW LLP represents and warrants to Customer 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 HostNOW LLP generally to its other customers for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. Customer will be deemed to have accepted such Services unless Customer notifies HostNOW LLP, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. Customer's sole and exclusive remedy, and HostNOW LLP's sole obligation, for breach of the foregoing warranties shall be for HostNOW LLP, at its option, to re-perform the defective Services at no cost to Customer, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue Customer a credit in an amount equal to the current monthly service fees pro rated by the number of seconds in which the Services have been interrupted. HostNOW LLP may provision the Services from any of its data centres and may from time to time re-provision the Services from different data centres.
The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of HostNOW LLP's reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties; or (c) that resulted from Customer's equipment or any third-party equipment not within the sole control of HostNOW LLP. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, HostNOW LLP MAKES 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 HostNOW LLP HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. HostNOW LLP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

Acceptable Use Policy (AUP)

All users of HostNOW LLP's services, and all customers upon signing up for HostNOW LLP's services, agree to comply with HostNOW LLP's Acceptable Use Policy ("AUP"). The spirit of the AUP is to ensure customers are using HostNOW LLP's services with due regard to the rights of other Internet users and in conformity with the requirements of HostNOW LLP's network environment. The AUP are not exhaustive and HostNOW LLP reserves the right to add, delete, or modify any provision of its AUP at any time without notice, effective upon either the posting of the modified AUP to www.HostNOW LLP or notification of the modified AUP. Any complaints about a customer's violation of the AUP should be sent to HostNOW LLP's abuse department.

Acceptable Use Policy (AUP) Violations:
Violation of the AUP is strictly prohibited. Any violation will result in immediate suspension, termination and/or compensations awarded to HostNOW LLP for damages caused by these violations as detailed in this Policy. You shall remain solely liable and responsible for your use of the Plan(s) and any all content that you display, upload, download, or transmit through the use of the Plan(s). HostNOW LLP will be the sole arbiter as to what constitutes a violation of this policy.

Illegal Use:
HostNOW LLP servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Usage of allotted Resources:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes agreed to in the stipulated measurements outlined on the web site at the time of sign-up (or other measurements of services in the form of gigabytes, terabytes, etc.) per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). HostNOW LLP will monitor Customer's bandwidth and disk usage. HostNOW LLP shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in HostNOW LLP's sole and absolute discretion. If HostNOW LLP takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

Usage of Server Resources:
Customer agrees that Customer shall not use excessive amounts of server resources (such as, but not limited to, CPU time & memory usage) on any of HostNOW LLP's servers. Any violation of this policy may result in corrective action by HostNOW LLP, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in HostNOW LLP's sole and absolute discretion. If HostNOW LLP takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

E-mail Spamming:
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to HostNOW LLP's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a HostNOW LLP server, and selling or distributing software (on a Web site residing on a HostNOW LLP server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. HostNOW LLP reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Software Distribution:
HostNOW LLP's Web Hosting Plans are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact HostNOW LLP's sales department to make special arrangements.

Multimedia Files:
Multimedia files are defined as any graphics, audio, and video files. HostNOW LLP Web Hosting Plans are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files

Adult Content:
Adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content of any kind or provide links to adult content elsewhere. We also prohibit sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or otherwise objectionable.

Child Pornography:
The use of HostNOW LLP's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. HostNOW LLP is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

CGI-scripts:
Cgi-script sharing among domains not hosted by HostNOW LLP is strictly prohibited. Any CGI-scripts considered to be harming system performance or network integrity will be shut down without prior notice. Also, excessive CPU processing or memory usage is strictly prohibited on any HostNOW LLP server.

System and Network Abuse:
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; 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.

System and Network Security:
Any form of violation of HostNOW LLP's, or any third party's server, system, or network security through the use of the Plan(s) are prohibited and may result in criminal or civil liability. HostNOW LLP may investigate such incidents involving such violations and cooperate with the proper law enforcement authorities if a criminal violation is suspected. This includes, without limitation: (1) distributing or hosting content, destructive or harmful content including, without limitation, viruses, Trojan Horses, worms, time bombs, cancel bots or any computer programming routines that may damage or interfere with any system, program, data or personal information; (2) any form of hacking or unauthorized access, which includes, without limitation, use probing, or scanning of systems security or authentication measures, data or traffic; (3) interference with service to any user, host, or network including any form of attempts to overload a system, any form of system attacks, or forgery which can come from any kind of program/script/command or messages of any kind designed to interfere with a user's terminal session, via any means, locally or by Internet; (4) any form of interception which includes, without limitation, unauthorized monitoring of data or traffic on any network, server or system without express authorization from the owner; (5) any form of avoidance of system restriction; (6) and any form of failure to safeguard accounts which includes, without limitation, failure to prevent unauthorized access by giving away passwords. HostNOW LLP reserves the right to limit or disable any and all account features that may compromise server security.

Viruses and Other Destructive Activities:
Use of HostNOW LLP's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use HostNOW LLP's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Service Level Agreement (SLA):

HostNOW LLP strives to maintain a 99.99% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by our monitoring systems or our authorized/contracted outside monitoring services. If we fail to meet our uptime guarantee, and not due to one of the exceptions below, credits will be made available to each client, upon request. More than 10 consecutive minute's outage will be considered real outage. Besides credit amount, HostNOW LLP will NOT pay any other payment or return to customer due to our server/network outage.

Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the HostNOW LLP network caused by or associated with:
· Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e...fire, flood, earthquake, tornado, etc...), strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
· Telco Failure
· Backbone peering point issues (PAIX)
· Scheduled maintenance for hardware/software upgrades
· DNS issues not within the direct control of HostNOW LLP
· Client's acts or omissions, including without limitation, any negligence, wilful misconduct, or use of HostNOW LLP Service(s) in breach of our Policy and Service Guidelines (AUP), by Client or others authorized by Client.
· DDOS attacks or any IRC related attacks

Credits:
In the event that there is no Web Site Availability, HostNOW LLP will credit the monthly service charge for the Service as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month:
Web Site Availability Credit Standard
95% to 99.99% = 15%
90% to 94.9% = 30%
89.9% or below = 50%
In order for YOU to receive a credit on YOUR account, YOU must request such credit within five (5) business days after YOU experienced no Web Site Availability. YOU must request credit by sending an electronic mail message to support@hostnowwithus.com

HostNOW LLP reserves the right to add, delete, or modify any provision of its Terms and Condition, Acceptable Usage Policy, SLA at any time without any priority notice

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HostNOW LLP
1st June 2010