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PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE BUTTON ON THE ORDER FORM REFERENCED HEREIN, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING HUMBOLDT HOSTING'S ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.:

Billing:
At this time we bill monthly, and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund. We accept Visa, Master Card, American Express and Discover Card. Please note that we will setup your account and email your login information upon receipt of payment.

Customer agrees that Humboldt Hosting may pre-charge Customer's fees for the Services to the credit card supplied by Customer during registration.

Returned checks will be assessed a $30.00 charge. Incoming wire transfers will incurr a $20 charge.

Non-U.S. Clients:

Non-U.S. clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. However, if you would like to pay some other way, please let us know and we will do our best to accommodate you. Please make payments in United States Dollars (USD) by Visa/MasterCard/Discover/Amex. Payments are due within 10 days of receipt our statement. If you paid for your account with a credit card, we will send you a form to sign so that we can bill your account every month on that card. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Late Payments:
All accounts are billed according to the dates they were first activated on. Net amount due within 10 days of receipt of invoice. Accounts that are past due may be disabled on an individual need-be-basis solely at our discretion. Customer agrees to pay a $15.00 (fifteen dollar) late fee if customer's account or accounts become more than ten (10) calendar days overdue. Fees for renewal periods after the Initial Term shall become due on the first day of such renewal period. Humboldt Hosting may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance or a lesser amount where required by law for each month or portion thereof the overdue amount remains unpaid. In addition, in the event that any amount due Humboldt Hosting remains unpaid twenty (20) days after such payment is due, Humboldt Hosting, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. Customer agrees that Humboldt Hosting may charge a $40.00 (fourty dollar) fee to reinstate accounts that have been terminated or suspended. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Humboldt Hosting) shall be paid by Customer.

Bandwidth and Disk Usage:
Customer agrees that Humboldt Hosting will monitor and meter Customer's bandwidth and disk usage and in the event that Customer exceeds the bandwidth or disk usage Humboldt Hosting may take corrective action which may, at Humboldt Hosting's sole discretion, include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement.

Acceptable Use Policy:
All services provided by Humboldt Hosting 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 we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Humboldt Hosting and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Humboldt Hosting servers This includes sites that include sexually explicit or hardcore images and/or advertising. We do not have a problem with sites of an adult nature, but we do not allow pornographic sites. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. Humboldt Hosting reserves the right to determine what is and what isn't acceptable for our servers.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software. Audio and video downloads will not be hosted on our servers. There are no exceptions. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

CGI Scripts:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.

Banned Scripts :
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

IRC egg drops
Proxy servers
Mail bombers
Anonymous mailers
IP spoofers
Port scanners
nph-proxy
UBB (Ultimate Bulletin Board, all versions)
Ikonboard, Yabb (except for MySql version)

Background Running Programs:
Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed.

IRC:
We currently do not allow IRC or IRC bots to be operated on our servers.

Backup:
Humboldt Hosting is not responsible for backups for MySql databases. Subscriber acknowledges that they will backup their own databases from the backup utility provided from their control panel. Humboldt Hosting will however do other backup's of websites, images, cgi-bin, mail, etc.

Commercial Advertising - Email:
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $100 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.

Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Humboldt Hosting (Cloud 9 Media) and it's associates harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Humboldt Hosting (Cloud 9 Media), its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Humboldt Hosting (Cloud 9 Media) against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Humboldt Hosting (Cloud 9 Media) servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Accounts Reinstatement: Accounts and domains deleted due to violation of our acceptable use policy cannot be reinstated. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.

LIMITATION OF LIABILITY:
Humboldt Hosting (Cloud 9 Media) shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Humboldt Hosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, Humboldt Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Humboldt Hosting servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to abuse@Humboldt Hosting.com. All complaints will be investigated promptly.

DISCLAIMER:
Humboldt Hosting (Cloud 9 Media) cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Humboldt Hosting are resold. Thus, certain equipment, routing, software, and programming used by Humboldt Hosting are not directly owned or written by Humboldt Hosting. Moreover, Humboldt Hosting holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Humboldt Hosting sees fit. FURTHERMORE, Humboldt Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.