Terms Of Service

This Web Hosting Service Agreement ("Agreement") is made between Adjent, Inc. DBA 1Host, a California corporation having an address of 936-B 7th St., #221 Novato, CA, 94945, Marin County hereinafter referred to as "1Host" and any and all persons, organizations, and entities having submitted billing information or otherwise on the 1Host order form hereinafter referred to as "Customer". Submission of the order form as stated above or use of the 1Host network indicates that you have read this Agreement and agree to be bound by this Agreement, the fee schedule and updates to this agreement as posted on 1Host's web site from time to time.

The parties hereto agree and bind themselves as follows:

1. SERVICES: 1Host shall sell, and Customer shall purchase Web Hosting Services and/or Domain Name Registration services, along with email support services, for the purpose of hosting a domain or web site on the Internet.

1Host shall provide the following services:

a. 1Host shall provide a copy of the Web Hosting Software for use by Customer on the server. The provision of such software does not constitute any transfer of ownership of the software to Customer. Customer acknowledges that 1Host may from time to time, as it deems necessary, upgrade, replace, remove or substitute software at its sole discretion.

b. 1Host shall provide disk space on the server containing the Web Hosting Software and connection through one or more links and nodes to the Internet ("1Host network".) 1Host shall have total discretion as to the physical location of the server as well as the software running on the server.

c. 1Host shall provide technical support to Customer via electronic mail and telephone as necessary and will exercise reasonable care to ensure the proper operation and accessibility of the server over the Internet.

2. CUSTOMER: Customer agrees to comply with all applicable laws of the state of California, the United States of America, all international laws and treaties, and the laws of the jurisdiction in which the Customer is located with regard to the transmission and use of information and content over the Internet or otherwise involving the 1Host network.

a. Customer further agrees not to use the Internet service for illegal purposes, to interfere with or disrupt other network users, network services or network equipment. Customer shall be liable for and shall indemnify and defend 1Host from and against any claims in anyway arising from or related to (i) the alleged infringement of patent, trademark, design, copyright or any other intellectual property rights in relation to the Customer's use of the services and (ii) Customer or inclusion of any information, photographs, art work or other content (including without limitation claims based on invasion of privacy, right of publicity, the Communications Decency Act of 1996, obscenity or pornography, and the violation of any statutes or ordinances or other laws).

b. Customer understands that Internet use, and related products and services provided under this Agreement, may require registration and related services that are public in nature.

3. RESPONSIBILITY OF CUSTOMER REGARDING END-USER: Customer agrees to certain responsibilities regarding End-users of Web Hosting Service.

a. "End-user" shall mean an individual who (1) provides at least his or her first and last name and email address to Customer for the purpose of accessing the 1Host Network or (2) has access via the Customer to any portion of the 1Host network.

b. Customer agrees to perform due diligence in preventing fraudulent transactions made by End-users on 1Host.

c. Customer is responsible for all End-user customer support, billing, and collections. 1Host's relationship under this agreement is solely with Customer.

d. Customer shall prevent end-user from using 1Host's company name, logo, trademarks or service marks, without the prior written consent of 1Host.

e. Customer shall ensure that end-user complies with section 4 of this agreement.

4. WEB SITE CONTENT: All services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material 1Host judges to be threatening or obscene, or material protected by laws governing trade secrets or any other statutes this also includes bulk email/spam. 1Host will be the sole arbiter of violations to this provision. Customer agrees to accept 1Host's determination of content as final and authoritative. Customers in violations of these provisions may be immediately deactivated and shall not receive a refund. The following restrictions apply to all sites hosted by 1Host:

a. Pornography and sex-related merchandising is prohibited on all 1Host servers. This includes sites that may infer sexual content, or links to adult content elsewhere.

b. Sites that promote any illegal activity, pirated software, Hacker programs or archives, Warez sites, or present content that may be damaging to our servers or any other server on the Internet are prohibited, as are any links to any such site or materials.

c. Spamming, or the sending of unsolicited e-mail, from 1Host servers or using an e-mail address or domain that is maintained on our machine as reference is STRICTLY prohibited. 1Host will be the sole arbiter as to what constitutes a violation of this provision.

d. Using Spam as an advertising method for sites hosted on 1Host is strictly prohibited.

e. 1Host may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed. Customer must contact 1Host via support@1Host.com prior to running any background programs.

f. IRC and IRC bots are prohibited.

g. Gaming, betting, gambling and casino sites are prohibited.

5. PRICING: Customer shall pay 1Host for the initial term and any renewal thereof at 1Host's prevailing rates at the time the term or renewal begins.

6. PAYMENT: Payment shall be made to 1Host in US dollars by check, money order or credit card. Checks should be made payable to "1Host Web Hosting". Payments shall be sent to 1Host at 936-B 7th St., #221 Novato, CA, 94945 or at such other address as indicated by 1Host.

a. Customer agrees to contact 1Host by emailing billing@1Host.com prior to initiating a chargeback. Chargebacks received for an account may result in suspension of service until account has been reviewed and approved by 1Host.

b. Payments made with credit cards that do not have the card owner's permission will not be accepted. Customer's account shall be immediately disabled and may be deleted at 1Host's discretion. 1Host shall be the sole and final arbiter of whether proper authorization was given for the transaction.

7. PAST DUE POLICY: 1Host must receive Customer's payment by the due date indicated on the Customer's invoice or the Customer and End-user will be denied access to the 1Host network. If Customer fails to make payment within 30 days of invoice date, Customer shall be permanently removed from the 1Host network without notice. All overdue accounts shall incur a 10% interest charge.

8. MONEY-BACK GUARANTEE: If Customer terminates account according to this Agreement within 30 days of beginning of the initial term, a full refund will be given for all hosting services. Refunds will only be given for the initial term of this agreement. Domain name registration, dedicated servers and account setup fees fees will not be refunded for any reason. Refunds will not be given if Customer or End-user is in violation of this Agreement or is terminated because 1Host deemed them a threat to the network. There will be no refund given after the 30 day initial term for any reason.

9. EFFECTIVE DATE AND TERM: The Effective Date of this Agreement shall be the date the Customer acknowledged this Agreement. The term of this agreement shall be that term specified by the customer on the order form located at https://securebilling.1host.com/order/ at the time the order is placed. The term shall be automatically renewed, providing that neither party has provided the other party with a written notice not to renew for the forthcoming term. Notice not to renew by either party must be given at least seven (7) days prior to the expiration of the term.

10. TERMINATION: In addition to the other provisions of this Agreement, 1Host reserves the right to suspend and/or terminate customer without notice at any time. Upon the expiration or termination of this Agreement for any reason, Customer shall:

a. Immediately inhibit all access to 1Host through the Customer's Service and b. Discontinue all uses of 1Host trade names or Marks.

11. TRADEMARKS AND SERVICE MARKS: Customer shall not make any use of 1Host's company name, logo, trademarks or service marks, without the prior written consent of 1Host. When such permission is granted by 1Host, Customer shall only use such company name, logo, trademarks, and service marks in the manner and for the period agreed to by 1Host.

12. DOMAIN NAME DISPUTE POLICY: All domain names registered, modified, or renewed through 1Host by Customer or End-user are subject tothe Uniform Domain Name Dispute Resolution Policy ("Dispute Policy") a copy of which is available at http://www.1Host.com/domainagree.html. Dispute Policy may be revised by 1Host from. Any such revisions shall be posted on the 1Host web site and shall be effective as of the day of such posting. The Dispute Policy shall remain effective beyond the term of this Agreement and shall include the entire term for which the Customer's domain name is registered.

13. TAXES: Customer shall be responsible for and pay all taxes based upon the use of 1Host, or the program storage media, or upon payments due under this Agreement including, but not limited to, sales, use, or value-added taxes, duties, withholding taxes and other assessments now or hereafter imposed on or in connection with this Agreement or with any sublicense granted hereunder, exclusive of taxes based upon 1Host's net income.

14. ENTIRE AGREEMENT: The parties hereto acknowledge that they have read this entire agreement and that this agreement and the attachments mentioned herein constitute the entire understanding and contract between the parties and supersedes any and all prior or contemporaneous oral or written communications.

15. CHANGE IN CONTROL: If there is a direct or indirect change in the effective voting control of Customer, or if Customer merges into or is acquired by a third party, or if Customer sells or transfers the Customer's Service or all or substantially all of the assets of the business unit containing the Customer's Service to a third party (a "Change in Control"), then Customer shall give prompt written notice thereof to 1Host, and 1Host at its option may, within 30 days after receipt of such notice, or immediately if no timely notice is given, terminate this Agreement by delivering written notice via email to Customer. Customer may request pre-approvalfrom 1Host for any such change of control.

16. CANCELLATION: It is the customer's responsibility to notify 1Host that they wish to cancel services via email to support@1host.com or via our customer portal at 1Host.com. The ticket # or portal cancellation request is customer's proof of cancellation. If the customer does not notify 1Host all services will remain intact and be billable.

17. ASSIGNMENT: 1Host reserves the right to assign this agreement, or any part thereof, at any time.

18. SEVERABILITY: If any provision of this agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this agreement, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.

19. FORCE MAJEURE: No party shall be liable by reason of any failure to delay in the performance of its obligations due to strikes, riots, fires or explosions, acts of God, war, governmental action or any other cause that is beyond the reasonable control of such parties. 1Host shall not be responsible or liable for direct or consequential damages caused by acts of God, acts of government, insurrection, riot, civil disturbance, outages suffered by electric utilities, or outages suffered by intermediary networks over whose facilities Customer' Web traffic is carried to and from the Web Server provided by 1Host.

20. LIMITATION OF LIABILITY: 1Host makes no warranty of any kind with respect to services and products provided under this Agreement. Customer agrees to comply with all applicable governmental laws in the use of the Web Server and ancillary services provided by 1Host, and, in the event of any noncompliance, agrees to hold harmless 1Host and its personnel and contractors from the consequences of such noncompliance. If any action in law or equity is instituted by either party hereto with respect to the subject matter of this agreement, 1Host shall be entitled to recover, in addition to any other relief granted, reasonable attorney's fees, legal costs, and expenses reasonably incurred. 1Host's liability for damages to Customer for any cause whatsoever, regardless of form of action, including negligence, shall not exceed an amount equal to the price of products and services purchased by Customer during the one month period preceding the event which caused the damages or injury.

21. JURSIDICTION: This Agreement shall be governed by the laws of the State of California, USA, and in the event any litigation must be initiated to enforce the terms of this Agreement, said legal action must be brought in the courts of the State of California.

22. AFFILIATE PROGRAM: Affililate Payouts are made available once $100 in Credits is reached.

IN WITNESS THEREOF by submitting billing information, Customer hereby acknowledges consents to and enters into this Agreement with 1Host.