Terms Of Service (Web Hosting Agreement)

This web hosting agreement is between SEOHost.com (referred as "SEOHost") and the person (referred as "client" or "customer", whether legal or individual) who electronically submits his/her service order to SEOHost.com using the “Order” form. It is assumed that the customer has read thoroughly, each clause, segment and part of this agreement before signing up for Multiple C Class IP Hosting.

Services

Subject to the clauses and terms put forward in this agreement, and contingent on the satisfaction of the customer’s credit approval system of SEOHost, SEOHost agrees to provide the Multiple IP hosting services as described on the order page.

Term

The initial service term of the agreement generally begins on the date the customer is sent an e-mail from SEOHost announcing the activation of the customers account and shall continue until the number of months paid for (as per current tariffs). Upon expiration of the initial term, this agreement shall automatically renew to a period same as the original term unless stated otherwise by the customer or SEOHost. For any kind of changes in renewal term, the customer must issue a written notice 30 days prior to date of expiry.

Payments

Fees: Fees are payable in advance. All dues MUST be cleared before the commencement of each billing cycle. The billing cycle offerings currently stand at monthly, quarterly, semi annually, annually or otherwise if stated in the order form. If the payment is made through a debit/credit card, the customer authorizes SEOHost to bill subsequent bills to the same card. Invoices would be mailed electronically to the customer after the bill has been charged to the card on file.

All payments must be made in USD (United States Dollars). The customer is liable to keep all billing information on file with SEOHost up to date. It is the customer’s responsibility to update his/her billing information (credit/debit card changes, changes in billing address etc.). SEOHost may suspend Multiple C Class hosting services to the client if any service fees are overdue. Fees not disputed with 30 days of due date are conclusively deemed accurate and may not be disputed any later than 30 days.

Early Termination: The customer aknowledges that the amount of the fee for the Multiple C Class IP Hosting service is based on the customer’s agreement to pay the fee for the entire initial term, or renewal term as applicable. If SEOHost ever terminates the C Class Hosting services to a particular client for customer’s breach of the service agreement other than in accordance with “Termination” (Section 9 of the T.O.S), the unpaid fees for the billing cycle in the current term are payable on the business day following the date of termination of Multiple IP hosting services to the client.

Compliance with ALL laws

The customer agrees to use the Mutliple C Class Hosting service in a manner consistent with all applicable laws and regulations of the United States of America, the Common Wealth of Virginia and Lebanon. Reproduction or transmission of any kind of material in violation of any local, state, national or international law or regulation is strictly prohibited. The customer agrees that any material reproduced or transmitted on SEOHost’s Multiple C Class IP hosting services through the customer’s Multiple C Class hosting account does NOT violate any copyright, trademark, patent, statutory, common law, proprietary rights etc.

Customer Information

Upon signing up for a Multiple C Class Hosting service with SEOHost, the customer warrants that any information provided to SEOHost by him, her or it is entirely precise and accurate. The customer must be over 18 years of age to avail of the Multiple C Class IP hosting services provided by SEOHost. SEOHost shall rely on all customer information provided as primary contact info to contact and inform the customer of any matter that may concern him/her or the Multiple IP hosting service provided by SEOHost. In case the primary contact information has to be changed, the customer must issue a written notice to SEOHost with updated contact details and then allow SEOHost at least 72 hours to put the changes into effect.

Indemnification

The customer agrees to indemnify and hold harmless SEOHost, its management, its employees and all of its agents from and against all kinds of claims, liabilities, demands, losses, obligations, fines, damages, penalties and any kind of losses incurred by the customer because of the Multiple C Class IP hosting service provided by SEOHost. Any kind of blame, penalties, losses, attorney fees imposed upon SEOHost by a 3rd party resulting from violation of any legal law by a customer would be taken up by the customer. The customer will be held liable for any kind of TOS violated under the customer’s account by any person, irrespective of whether the person was authorized to use the account or not.

Disclaimer of warranties

SEOHost does NOT warrant or represent that the Multiple C Class hosting services provided will be uninterrupted, error-free or entirely secure. To the extent allowed by law, SEOHost disclaims ALL warranties including the implied warranties of Merchantability, Fitness for a particular purpose, Non-infringement. To the extent permitted by law, all Multiple IP hosting services are provided on an “AS IS” basis.

Limitation of Damages

SEOHost shall not be held liable for any losses, loss of potential profits caused to the customer or any other party in connection with the customer arising from the Multiple C Class hosting services provided by SEOHost. SEOHost CANNOT be held responsible for any similar damage caused to the customer on related party which could have been avoided by the use of reasonable diligence arising in connection with the agreement even if SEOHost has been advised or should be aware of possibility of such losses and damages.

Without withstanding anything else in the TOS to the contrary, the maximum total liability of SEOHost and any of its employees, staff, managers shall be monetary payment not exceeding the amount payable by the customer for 3 months of service.

Suspension

The customer agrees that SEOHost is permitted to suspend any of the services including Multiple C Class hosting provided to the customer by SEOHost without notice or liability at any point of time as deemed suitable to SEOHost, reasons including (but not limited to):

1. SEOHost that the Multiple IP hosting services or any other service being used by the customer violates a clause of the TOS.
2. The customer does not co-operate with any reasonable investigation of a suspected violation of the TOS of SEOHost.
3. The customer threatens, disrupts, insults or harms any employee/staff member/customer of SEOHost intentionally or unintentionally.
4. SEOHost reasonably believes that suspension of service (including Multiple C Class IP hosting) is necessary to protect the interest of other customers or SEOHost’s network.
5. SEOHost can suspend the account if requested by a legal authority or law enforcement agency.

The customer may be charged a reinstatement fee for reinstituting services suspended by SEOHost.

Termination

The agreement may be terminated by SEOHost prior to the date of expiration of account without prior notice or any kind of liability. Some possible reasons for untimely termination of services include (but are NOT limited to):

• Upon 7 days of written notice sent to the customer regarding a payment outstanding, invoice unpaid or any other dues not cleared. Failure to clear all dues within 7 days of notice may lead to termination of services permanently.
• Customer intentionally/unintentionally materially violates any of the clauses listed in the TOS or the AUP and fails to cure the damage/loss within 7 days of infringement.
• As deemed necessary by SEOHost or any of its employees/managers/staffers.

The customer can terminate the agreement ONLY by submitting a written notice to SEOHost 10 days prior to the next billing date. A service can be terminated by a customer ONLY after ALL outstanding invoices in the customer’s account have been paid and all dues cleared.

Requests for customer information

The customer agrees that SEOHost can and may, without any prior notice to the customer:

1. Report to appropriate authorities about any conduct/action of the customer that SEOHost believes violates the law, SEOHost’s TOS or causes harm to any individual/company.

2. Provide information about the customer or other end users to a law enforcement or regulatory agency upon demand or request, formal or informal.

Backup Copy

The customer agrees to maintain up-to-date backups of all his/her data hosted with SEOHost not withstanding any agreements or promises made by SEOHost to maintain back up services. In the dreaded event of data loss, SEOHost cannot be blamed/held liable for the loss of data irrespective of the value of information lost.

Changes to SEOHost’s network

Upgrades/Downgrades or similar changes to SEOHost’s network including, but not limited to software, hardware, staff, service providers, suppliers etc. may affect or interrupt services. SEOHost reserves the right to make changes to its network whenever it deems necessary without having to notify the customers who possibly might be affected by the amendment/change. SEOHost cannot be held liable for any harm caused to the customer resulting from downtime/interruption of service due to changes being made to SEOHost’s network.

Notices

Notices to SEOHost are to be sent via e-mail to the addresses listed on the website. Notices to customers too shall be given via electronic mail to the address on file with SEOHost as in accordance with the Primary Contact Information. All notices transmitted are assumed to have been received on the same day.

Force Majeure

SEOHost shall not be in default of any kind of obligation under the agreement if the failure to perform the obligation is due to an event or incident beyond the control of SEOHost. This includes, but is not limited to: all natural disasters and calamities, power failures, service downtime etc.

Unacceptable usage of resources

The following types of behavior and conduct on the customer’s behalf maybe the grounds for suspension of service pending investigation by SEOHost or a law enforcement agency. It may result in termination (without a refund) of account(s) such an investigation determines have been responsible for violating a clause or multiple clauses of the TOS or not be in accordance to the current applicable law.

1. Posting a single article, or substantially similar article/data to an excessive number of news groups or forums or continual posting of off-topic discussions. Following a complaint by a newsgroup/forum/website due to inappropriate behavior by a customer and unethical methods of marketing an promotion of a website residing within the network of SEOHost, service to the customer may be temporarily suspended or permanently terminated.

2. Sending unsolicited emails from SEOHost’s network with or without intention of marketing/promotion. This is treated as spam and would result in suspension/termination of service to the customer.

3. Engaging in either inappropriate postings, copyright infringement, spam using services from a provider other than SEOHost for the promotion or marketing of a website that lies within the SEOHost network is also considered unethical and hence treated as a violation of a TOS. This would result in suspension/termination of services to the customer.

4. Continual harassment of individuals over the internet even upon being asked to stop by the victims and/or SEOHost.

5. Engaging in mail bombing (sending large volumes of emails to a particular individual’s e-mail address).

6. Attempts to hack and gain access to another user’s personal information without the consent of the user.

7. Network Unfriendly Activity: Attempts to interfere with regular operations of SEOHost’s systems that hampers the smooth running of SEOHost or its network connections or any action that adversely affects the ability of users to use SEOHost’s services over the internet including but not limited to:

8. Any unauthorized attempts to gain root access to any of SEOHost’s servers or other client’s accounts.

9. Use of SEOHost’s services, servers and systems to disrupt services of another provider.

10. Usage of server resources, network and bandwidth resources in a manner than hampers the performance of other accounts on the same server, other servers using the same network or any other system used by SEOHost to provide its services.

THIS AGREEMENT ALONG WITH THE ORDER FORM CONSTITUTES THE COMPLETE AND EXLUSIVE AGREEMENT BETWEEN SEOHost AND THE CUSTOMER. IT IS ASSUMED THAT THE CUSTOMER HAS READ THE AGREEMENT THOROUGHLY AND AGREED TO EACH CLAUSE OF IT BEFORE SIGNING UP FOR MULTIPLE C CLASS HOSTING SERVICES PROVIDED BY SEOHost