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
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
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
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
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
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,
a. Immediately inhibit all access to 1Host
through the Customer's Service and b.
Discontinue all uses of 1Host trade names or
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
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
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
16. ASSIGNMENT: 1Host reserves the right to
assign this agreement, or any part thereof,
at any time.
17. 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.
18. 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.
19. 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.
20. 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
21. 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