Terms

-- IMPORTANT! THESE TERMS AND CONDITIONS GOVERN THE USE OF THE ProHosters, INC.’S AND ProHosters’ (COLLECTIVELY REFERRED TO AS “COMPANY” OR “WE”) WEB SITE, MATERIALS AND SERVICES BY COMPANY’S CUSTOMERS AND THE CUSTOMER’S EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS "CUSTOMER"). BY USING THE WEB SITE/MATERIALS/SERVICES, CUSTOMER AGREES TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS. COMPANY RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. CUSTOMER’S USE OF THE WEB SITE/MATERIALS/SERVICES AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE CONSTITUTES CUSTOMER’S ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY

ORDER ACEPTANCE POLICY Customer’s receipt of an electronic or other form of order confirmation does not signify our acceptance of Customer’s order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, in our sole discretion, without prior notification, to accept or decline Customer’s order or limit the order quantity for any reason. For credit card payments, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.

ACCEPTANCE OF CONTRACTUAL AGREEMENT 1. Customer agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Company, or by using any of Company resources or services that you are agreeing to our Terms and Conditions (TAC), Acceptable Use Policy (AUP), and our Service Level Agreement (SLA). No modifications of these documents by customer are allowed. 2. Company will provide, and Customer will purchase and pay for, the services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service and service fees have been communicated to the customer, and that he/she is aware of all applicable charges and is aware of our AUP, SLA, and TAC. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service. 3. In connection with any Hosting Services, if Customer’s actual bandwidth or disk usage in any month exceeds the allotted amount, as specified in the applicable hosting plan that Customer subscribes to, then Customer will pay Company any additional fees as specified in the Service Description. If Customer does not pay, Company will suspend Customer’s account until payment is received.

PAYMENTS AND FEES Establishment of this service is contingent upon receipt of payment from Customer to Company. Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for non-payment is subject to a $10.00 reconnect charge. Accounts not paid by due date are subject to a $5.00 late fee. If Customer charges back any payments made on Customer’s credit card and the charge backs are later reversed because they were unsubstantiated, then Customer will pay a $30 fee to Company per unsubstantiated charge back

DELINQUENT ACCOUNTS Company may temporarily deny service or terminate all services to Customer upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any future contracted fees due. If Customer defaults, the Customer agrees to pay Company its reasonable expenses incurred in enforcing its rights under these Terms and Conditions, including attorney and collection agency fees. An act of default accelerates payments to be due immediately, as credit is no longer being extended.

ACCEPTANCE OF TERMS Company makes available for Customer’s use on this Web site (the "Site") information, documents, software and products (collectively, the "Materials") and various services operated by Company (collectively, the "Services"), subject to the terms and conditions set forth in this document (“Terms and Conditions”). By accessing or using this Site, which includes Customer’s access to or use of any of the Services/Materials, you agree to these Terms and Conditions. Company reserves the right to change the Terms and Conditions from time to time at its sole discretion. Customer’s use of the Site will be subject to the most current version of the Terms and Conditions posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, Customer shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms and Conditions. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions. If you breach any of the Terms and Conditions, Customer’s authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.

ACCOUNT CANCELLATION Customer explicitly agrees that while Customer has an active contract with Company, Customer may not terminate its contract. Customer may cancel account once Customer's contract has lapsed by providing Company fifteen (15) days' written notice of service termination prior to the start of the month Customer wishes to cancel service. All amounts due on account must be paid prior to the cancellation date in order for the cancellation to be effective. Without notice, Company will consider Customer to be on a month-to-month contract extension.

REFUNDS AND DISPUTES All payments to Company are non-refundable regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to Customer’s credit card issuer, also known as chargebacks, under the terms and conditions of our SLA, AUP, and TAC, will result in service interruption, as well as reconnection fees of $30 to restore the desired service. Service will be restored after a chargeback solely at the Company’s discretion.

ACCEPTABLE USE Customer may not take any action that violates Company’s AUP. The most recent copy of Company’s AUP can always be found on the Company Site. Customer is responsible for periodically checking the AUP and ensuring that they stay in compliance.

PRIVACY POLICY Company collects, stores and uses data obtained from Customer in accordance with our Privacy Policy. The most recent copy of Company’s Privacy Policy can always be found on the Company Site.

LIMITED LICENSE Use of certain Company services grants a limited license to use various software products. The limited license allows Customer to make use of such software, up to the limits of Customer’s service, for as long as Customer’s service is current and up to date. Upon termination of Customer’s service Customer’s right to use such software is also terminated and any license keys, serial codes etc. should be returned to Company and no longer used. The limited license grants rights to use such software on Company equipment only and the license cannot be used on any other equipment.

USE AND PROTECTION OF USERNAME AND PASSWORD Customer is responsible for maintaining the confidentiality of Customer’s username and/or password, if applicable. Customer is responsible for all uses of Customer’s account, whether or not actually or expressly authorized by you.

WARRANTIES AND DISCLAIMERS EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN CUSTOMER AND COMPANY, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET CUSTOMER’S REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET CUSTOMER’S EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND WITH CUSTOMER’S AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. THIS SITE CONTAINS LINKS TO THIRD-PARTY WEB SITES THAT ARE NOT UNDER THE CONTROL OF COMPANY. COMPANY MAKES NO REPRESENTATINS WHATSOEVER ABOUT ANY OTHER WEB SITE TO WHICH YOU MAY HAVE ACCESS THROUGH THIS SITE. WHEN CUSTOMER ACCESSES A NON-COMPANY WEB SITE, THEY DO SO AT CUSTOMER’S OWN RISK AND COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, DATA, OPINIONS, ADVICE, OR STATEMENTS MADE ON THESE SITES OR FOR THE QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE ON SUCH SITES. COMPANY PROVIDES THESE LINKS MERELY AS A CONVENIENCE AND THE INCLUSION OF SUCH LINKS DOES NOT IMPLY THAT COMPANY ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT OR USES OF SUCH WEB SITES. THIS SITE CAN BE ACCESSED FROM OTHER COUNTRIES AROUND THE WORLD AND MAY CONTAIN REFERENCES TO COMPANY PRODUCTS, SERVICES, AND PROGRAMS THAT HAVE NOT BEEN ANNOUNCED OR MAY NOT BE OFFERED OR SUPPORTED IN CUSTOMER’S COUNTRY. THESE REFERENCES DO NOT IMPLY THAT COMPANY INTENDS TO ANNOUNCE OR OFFER SUCH PRODUCTS, SERVICES OR PROGRAMS IN CUSTOMER’S COUNTRY. ENTIRE AGREEMENT; AMENDMENTS

These Terms and Conditions, together with the Acceptable Use Policy and the Privacy Policy, supersede any prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and these Terms and Conditions, together with the Acceptable Use Policy and the Privacy Policy, constitute the sole and entire agreement between the parties with respect to the matters covered hereby.

TERMS AND CONDITIONS RELATED CONCERNS Should you have questions or concerns relating to these Terms and Conditions, please send e-mail to: info@Carpathiahosting.com