Term of service - Hosting Skills

This Service Agreement governs the customer's purchase and use, in any manner, of all services, as described in the Order Form, ordered by the customer and accepted by Hosting Skills Network and describes the terms and conditions that apply to such purchase and use of the Services. Hosting Skills Network reserves the right to change or modify any of the terms and conditions contained in this Agreement, the Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers.

Any modification will be effective upon posting of the revisions on our site. Hosting Skills Network may post changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Hosting Skills Network posting of any changes or modifications will constitute your acceptance of such changes or modifications.

IF THE CUSTOMER DOES NOT AGREE TO THE TERMS OF ANY MODIFICATION, THEY MUST NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY Hosting Skills Network OF THEIR TERMINATION OF THIS AGREEMENT IN THE MANNER DESCRIBED BELOW.

1. This Agreement shall be for an "Initial Term" of thirty (30) days for all services. The Customer agrees to all terms and conditions of services provided by Hosting Skills Network, beginning upon receipt by fax, e-mail, or express mail.

2. All charges for Services, with the exception of Services including a thirty (30) day money back guarantee are non-refundable and non-negotiable, and must be paid in advance according to the then current price applicable to the Services. Upon registration for Services, customers must choose to pay for the Services either by check or credit card or upon receipt of an invoice. If the customer chooses to pay by check upon registering for Services, Services or Accounts will only be setup when the check is received by Hosting Skills Network. If the customer chooses to pay by credit card upon registering for Services, the customer thereby authorizes Hosting Skills Network to charge the credit or debit card to pay for any charges that may apply to the account. The Customer agrees that Hosting Skills Network may accumulate any supplemental charges, as described in the Order Form, incurred by them in the use of the Services ("Supplemental Charges").
The Customer must notify Hosting Skills Network of any changes to the card account (including, without limitation, applicable account number or cancellation or expiration of the account), their billing address, or any information that may prohibit Hosting Skills Network from charging the account. Credit cards that are declined for any reason are subject to a $10.00 declination fee. If the customer chooses to be invoiced upon registration for Services, Hosting Skills Network will send an invoice to them for the Services applicable to the period for which they have registered for the Services. Hosting Skills Network may also send periodic invoices to customer for any applicable Supplemental Charges associated with their use of the Services.

The Customer agrees to pay to Hosting Skills Network the amount indicated in each invoice by the due date reflected on the invoice. If the customer fails to pay any fees and taxes within five (5) days from applicable due date for credit card or invoice payments, are subject to a $7.95 late fee. In addition, the customer's failure to fully pay any fees and taxes within seven (7) days after the applicable due date will be deemed a material breach of this Agreement, justifying Hosting Skills Network suspension of the accounts Services and/or termination of this Agreement. (Service interrupted for nonpayment is subject to a $50.00 reconnect charge). The Customer is responsible for any fees associated with reinstatement of Services. Any such termination would not relieve customer from paying past due fees plus interest. In the event of collection Enforcement, the customer will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees. If the customers account is turned over for collection, the customer agree to pay the company a ¡°Processing and Collection¡± Fee of not less than Fifty ($50.00) and no more than One Hundred, Fifty ($150.00).

3. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide Hosting Skills Network with notice of termination either (a) at least seven (7) days prior notice but not more than 60 days prior written notice to the end of the Initial Term or the Renewal Term, whichever is then applicable.

4. Initial payment is due upon activation of account. Activation takes effect on the date of receipt of payment, and will be renewed automatically for identical successive periods. Any changes made to the customer's package shall be billed accordingly.

5. All orders are subject to acceptance by Hosting Skills Network. An order will be deemed accepted by our company when confirmation of the order is sent to the customer. We may refuse to accept any order, or delay acceptance awaiting completion of conditions the company may choose to exercise. However, such refusal of such conditions must not be unreasonable, and Hosting Skills Network agrees to provide the customer with reasonable notice by E-mail or fax of any intent to delay or decline the acceptance of any order.

6. Hosting Skills Network reserves the right to suspend the customer's account and services without prior notice should there be any problems with the customers method of payment. This includes expired credit cards, declined credit cards, inactive credit cards, and invalid checks. Hosting Skills Network also reserves the rights to refuse service to customers and/or prospects who are abusive toward Hosting Skills Network employees and consultants.

7. Backups of all customer data are solely the responsibility of the client. Hosting Skills Network does full nightly backups, these are to be used for internal system restore only, and are not tested for individual account backup. In the event, that the customer loses data or obtains damage due to Hosting Skills Network server's hard drive becoming corrupt or damages, the Customer hereby agrees and acknowledges that, Hosting Skills Network will not take responsibility under any given circumstance for the compensation of a customer.

8. Hosting Skills Network may filter and block certain ports without prior notice at any time to protect the network from Denial of Service (DDoS), SYNC, and Ping flood attacks. Customer will need to consult with the technical department as to which ports are available.

II. Taxes

Hosting Skills Network shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by the customer or Hosting Skills Network servers. The Customer also agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold.

III. Material and Products

1. Hosting Skills Network will exercise no control whatsoever over the content of the information passing through the network or on the customer's web sites. Hosting Skills Network makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. Hosting Skills Network also disclaims any warranty of merchantability or fitness for any particular purpose and will not be held responsible for any damages that may be suffered by the customer, including loss of data resulting from delays, non-deliveries or service interruptions or gaps by any cause of errors or omissions of the customer. Hosting Skills Network is not responsible for any loss, erasure, or corruption of customer's data or files whatsoever. Use of any information obtained by way of Hosting Skills Network is at the customer's own risk, and the company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Network connectivity represents the speed of the connection to our network and does not represent guarantees of available end to end bandwidth. Hosting Skills Network expressly limits its damages to the customer for any non-accessibility time or other down time to the pro-rate monthly charge during the system unavailability. Hosting Skills Network specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "server-ready", Hosting Skills Network may, at its option and at any time, reject this material, including but not limited to after it has been put on our servers. Hosting Skills Network agrees to notify the customer immediately of our refusal of the material and give the customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of the company. If the customer fails to modify the material, as directed by Hosting Skills Network, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be terminated.

IV. Uptime Guarantee

Hosting Skills Network will use its best efforts to maintain a full time Internet presence for its customers. The customer hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Hosting Skills Network be liable to the customer for any damages resulting from or related to any failure or delay of Hosting Skills Network in providing access to the Internet under this Agreement. In no event shall Hosting Skills Network be liable to the customer for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Hosting Skills Network under this Agreement, if any, shall in no event or circumstance exceed fifty percents (50%) of the total amount actually paid by the customer. The terms of this Section will survive any termination of this Agreement.

V. Warranties & Representations

You, the customer warrants, represent, and covenants to Hosting Skills Network that (a) you are at least eighteen (18) years of age;
(b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be Financially responsible for the use of your account; (e) you have acquired or will acquire all authorizations necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

VI. Trademarks & Copyrights

The customer warrants that it has the right to use the applicable trademarks, if any. Hosting Skills Network may request the right to use such trademarks in connection with our service. The customer will review such a request promptly, and not unreasonably withhold such permission.

VII. Termination

This Agreement may be terminated by Hosting Skills Network, without cause, by giving the other party five (5) days notice via e-mail or fax. In such event, the company shall not liable to pay the other party any amount equal to the unused and prorated portion of service including any setup charges. Notwithstanding the above, Hosting Skills Network may terminate the service under this Agreement at any time, without penalty, if the customer fails to comply with the terms of this Agreement. It is the customer's responsibility to point any domains to another service provider upon termination, cancellation or discontinuation of service.

VIII. Limited Liability

1. The Customer expressly agrees that the use of Hosting Skills Network Servers is at the customer's sole risk. Neither the company, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that Hosting Skills Network service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through our network, unless otherwise expressly stated in this Agreement. The Customer also acknowledges and accepts that any damages will be limited to no more than 50% of the previous month's invoice.

2. Under no circumstances, including negligence, shall Hosting Skills Network, its officers, agents or any one else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Hosting Skills Network records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all contents on all servers.

IX. Indemnification

The Customer agrees that it shall defend, indemnify, save and hold Hosting Skills Network harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees, ("Liabilities") asserted against the company, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless Hosting Skills Network against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (ii) any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which customer sold on Hosting Skills Network Servers.

X. Partial Invalidity

If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. The Hosting Skills Network and the Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.

XI. Disputes

All payments to Hosting Skills Network are non refundable. This includes any setup fees or monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time in which dispute occurred. Disputed charges to your credit card issuer, also known as chargeback's, under Hosting Skills Network's discretion which is valid, under the terms and conditions of our Service Agreement and Acceptable Usage Policies, will result in service interruption, and reconnection fees to restore the desired service.

XII. Confidentiality

The Customer acknowledges that by reason of their relationship, both the customer and Hosting Skills Network may have access to certain products, information and materials relating to the other party's business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both
Hosting Skills Network and the customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be.

The Customer and Hosting Skills Network further agree that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the customer or Hosting Skills Network.

XIII. Notices

Except with respect to services of processes as set forth in this paragraph, all notices may be sent by e-mail, fax, or express mail to the e-mail address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.