ShadowSites.NET | Web Hosting Plan

TERMS OF SERVICE

Refunds

If for any reason your are not satisfied with the Hosting Services provided, we offer a full money back promise. Simply cancel your Hosting Plan within the first thirty days of service and we will refund your money.

Shadow Interactive, Inc. (ShadowSites.NET) Terms & Conditions Agreement

1. Term and Payment for Services
2. Use of Services
3. Enforcement
4. Intellectual Property Rights
5. Warranty; Warranty Disclaimer
6. Limitation and Exclusion of Liability
7. Indemnification
8. Miscellaneous

You must accept the terms of this Agreement in order to use the Services.

NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.

ShadowSites.NET Hosting reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the ShadowSites.NET Hosting Web site (the "Site"). Your continued use of Services following ShadowSites.NET Hosting 's posting of any changes or modifications will constitute your acceptance of such changes or modifications.

1. TERM AND PAYMENT FOR SERVICES

1.1. Term

This Agreement shall be for an "Initial Term" as chosen by you in the Order Form located on this Site at the time you register for the Services. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide ShadowSites.NET Hosting with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term.

1.2. Termination Policy

If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) ShadowSites.NET Hosting will not refund to you any fees paid in advance of such termination and (b) you shall be required to pay 100% of ShadowSites.NET Hosting's standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this Agreement. Notwithstanding the foregoing, if you terminate your receipt of Shared Hosting Services prior to the end of the first thirty (30) days of the Initial Term, you are entitled to a refund of the fees you paid in advance for the monthly Services, not including any setup fees. Your termination request or notice must be submitted to ShadowSites.NET Hosting in the manner described in Section 1.1. ShadowSites.NET Hosting may terminate this Agreement at any time and for any reason by providing to you written notice thirty (30) days prior to the date of termination. If ShadowSites.NET Hosting terminates this Agreement, ShadowSites.NET Hosting will refund to you the pro-rata portion of prepaid fees attributable to Services (excluding setup fees) not yet rendered as of the termination date unless otherwise expressly provided in this Agreement. If termination was enforced to due violations that result in damages or fees assigned to ShadowSites.NET Hosting on your behalf, no refunds shall apply and you will be held liable for such fees.

1.3 Default and Cure

In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within five (5) days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this Agreement.

1.4. Charges

You agree to pay for all charges attributable to your use of the Services at the then current ShadowSites.NET Hosting prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on ShadowSites.NET Hosting's net income.

1.5. Payment

All charges for Services must be paid in advance according to the then current prices applicable to the Services. Upon entering this Agreement, you must choose to pay either by direct charge to a credit or debit card. If you choose to pay by credit or debit card upon registering for the Services, you thereby authorize ShadowSites.NET Hosting to charge your credit or debit card to pay for any charges that may apply to your account. You must notify ShadowSites.NET Hosting of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit ShadowSites.NET Hosting from charging your account. ShadowSites.NET Hosting may also create periodic invoices for any applicable Supplemental Charges associated with your use of the Services. You agree to pay to ShadowSites.NET Hosting the amount indicated in each invoice by the due date reflected on that invoice. If you fail to pay any fees and taxes by the applicable due date for credit card or invoice payments, late charges of the lesser of five dollars ($5) per month or the maximum allowable under applicable law but at no time less than $25 shall also become payable by you to ShadowSites.NET Hosting . In addition, your failure to fully pay any fees and taxes within five (5) days after the applicable due date will be deemed a material breach of this Agreement, and ShadowSites.NET Hosting may, in addition to any other remedy it may have: (i) suspend its performance of the Services and/or terminate this Agreement; and/or (ii) At the time of such nonpayment, Shadow Interactive, Inc. may, delete any and all content from the Shadow Interactive, Inc. Servers. Any such suspension or termination of the Services would not relieve you from paying past due fees plus interest. Payment is DUE on the 1st of the Month, each month. Your First month payment is due on signup date, Your first month hosting rate will be prorated by day that you sign-up.

1.6. Chargebacks

If you ever feel that ShadowSites.NET Hosting incorrectly charged your credit card you must contact billing for a correction. If you do contact your credit card company and issue a chargeback then you will be responsible for the $50 chargeback fee. If you do not pay this fee then your account will be terminated.

2. USE OF SERVICES

2.1. Applicable Use Policy

The ShadowSites.NET Hosting Acceptable Use Policy (the "Usage Policy") govern the general policies and procedures for use of the Services. The Usage Policy is posted on ShadowSites.NET Hosting's Web site (or such other location as ShadowSites.NET Hosting may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS. ShadowSites.NET Hosting RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.

2.2. Material and Product Requirements

Unless we have agreed otherwise in a separate agreement, you must ensure that all material and data placed on ShadowSites.NET Hosting's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by ShadowSites.NET Hosting. ShadowSites.NET Hosting will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", ShadowSites.NET Hosting has the option at any time to reject this material. ShadowSites.NET Hosting will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of ShadowSites.NET Hosting. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. It is not ShadowSites.NET Hosting 's responsibility to provide this knowledge or customer support outside of the Services agreed to by you and ShadowSites.NET Hosting.

2.3. Bandwidth and Storage Usage

You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges. Data stored in your user account on a Shadow Interactive, Inc. Server is not owned by ShadowSites.NET Hosting; therefore Data preservation is the ultimate responsibility of you, the client. ShadowSites.NET Hosting is in no way responsible for the client’s data and or the backup of that data.

3. ENFORCEMENT

3.1. Investigation of Violations

ShadowSites.NET Hosting may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. ShadowSites.NET Hosting will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

3.2. Actions

ShadowSites.NET Hosting reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, ShadowSites.NET Hosting may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on ShadowSites.NET Hosting 's systems, and/or (d) disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by ShadowSites.NET Hosting which, in ShadowSites.NET Hosting 's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes ShadowSites.NET Hosting to civil or criminal liability or public ridicule. It is ShadowSites.NET Hosting 's policy to terminate repeat infringers. ShadowSites.NET Hosting's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If ShadowSites.NET Hosting takes corrective action due to such possible violation, ShadowSites.NET Hosting shall not be obligated to refund to you any fees paid in advance of such corrective action.

3.3. Disclosure Rights

To comply with applicable laws and lawful governmental requests, to protect ShadowSites.NET Hosting 's systems and customers, or to ensure the integrity and operation of ShadowSites.NET Hosting 's business and systems, ShadowSites.NET Hosting may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on ShadowSites.NET Hosting's servers and systems. ShadowSites.NET Hosting also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

4. INTELLECTUAL PROPERTY RIGHTS

4.1. Your License Grant to ShadowSites.NET Hosting

You hereby grant to ShadowSites.NET Hosting a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to ShadowSites.NET Hosting a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

4.2. ShadowSites.NET Hosting Materials and Intellectual Property

All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by ShadowSites.NET Hosting or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by ShadowSites.NET Hosting to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of ShadowSites.NET Hosting or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by ShadowSites.NET Hosting during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.

4.3. Trademarks

You hereby grant to ShadowSites.NET Hosting a limited right to use your trademarks, if any, for the limited purpose of permitting ShadowSites.NET Hosting to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sub-license use of your trademarks or to use your trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.

5. WARRANTY; WARRANTY DISCLAIMER

5.1. Customer and/or Third Party Acts

ShadowSites.NET Hosting is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, ShadowSites.NET Hosting is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond ShadowSites.NET Hosting's reasonable control.

5.2. No Express or Implied Warranty

ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY ShadowSites.NET Hosting UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT ShadowSites.NET Hosting EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH ShadowSites.NET Hosting's COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. ShadowSites.NET Hosting DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ShadowSites.NET Hosting DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK INFRINGEMENT.

5.3 Your Warranties and Representations to ShadowSites.NET Hosting

You warrant, represent, and covenant to ShadowSites.NET Hosting that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content and/or any software that you install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

6. LIMITATION AND EXCLUSION OF LIABILITY

6.1. Limitations

IN NO EVENT SHALL ShadowSites.NET Hosting HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO ShadowSites.NET Hosting , DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. ShadowSites.NET Hosting SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF ShadowSites.NET Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF ShadowSites.NET Hosting TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO ShadowSites.NET Hosting BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY ShadowSites.NET Hosting UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE ShadowSites.NET Hosting FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

6.2. Interruption of Service

You hereby acknowledge and agree that ShadowSites.NET Hosting will not be liable for any temporary delay, outages or interruptions of the Services. Further, ShadowSites.NET Hosting shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).

6.3. Maintenance

You hereby acknowledge and agree that ShadowSites.NET Hosting reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. ShadowSites.NET Hosting will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.

7. INDEMNIFICATION

You will defend, indemnify and hold harmless ShadowSites.NET Hosting and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an "Indemnitee") from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your use of the Services, including any improper or illegal uses; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by ShadowSites.NET Hosting ; or (v) any claim relating to your services or products, or your installation and/or use of any third-party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or nonproprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).

8. MISCELLANEOUS

8.1 Confidentiality

The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement. "Confidential Information" means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include (1) information in the public domain; (2) information developed independently by a party without reference to information disclosed under this Agreement; or (3) information received from a third party without restriction and/or breach of this or a similar Agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this Agreement for two (2) years.

8.2. Notices

All notices, reports, requests, or other communications given pursuant to this Agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, fax, or electronic mail, shall be deemed to have been duly given when delivered.

8.3. Choice of Law and Forum

THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF MICHIGAN, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN MICHIGAN, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

8.4. Entire Agreement

This Agreement and all policies and guidelines incorporated in this Agreement by reference constitutes the entire Agreement of the parties and may not be modified or altered orally but only by an agreement in writing signed by both parties.

8.5. No Fiduciary Relationship

No Third-Party Beneficiaries ShadowSites.NET Hosting is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.

8.6. Assignments

You may not transfer or assign your rights, duties, or obligations under this Agreement without ShadowSites.NET Hosting's prior written consent. ShadowSites.NET Hosting may assign its rights and obligations under this Agreement and may utilize affiliate and/or agents in performing its duties and exercising its rights under this Agreement, without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees.

8.7. No Waiver

ShadowSites.NET Hosting's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of ShadowSites.NET Hosting's right to subsequently enforce such provision or any other provisions under this Agreement.

8.8. Severability

If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

8.9. Survival

All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.

9. Pornography

ShadowSites.NET Hosting has a zero tolerance policy on pornography that violates local, state, federal, or international law. This includes, but is not limited to, child pornography, bestiality, hard-core pornography, and others not allowed by law. ShadowSites.NET Hosting does not seek to abridge any users rights, but we uphold any and all laws applicable to the content of sites hosted on our servers and/or network. ShadowSites.NET Hosting reserves the right to deny service without cause for sites with adult content that we deem violates local, state, or federal law.

ShadowSites.NET Hosting does take an active role in monitoring all sites via the web for content that does not comply with the preceding guidelines. ShadowSites.NET Hosting specifically retains the right to make the final decision in any matter relating to site content. If you wish to seek virtual or dedicated hosting services with ShadowSites.NET Hosting and you are concerned about content, please send your concerns to our Sales team: sales@shadowsites.net.

10. Network

Our servers were designed to give you the maximum freedom of administration and access to the Internet at the lowest cost available. Our network usage is open to all ShadowSites.NET Hosting users. High Network traffic or throughput is not a problem at ShadowSites.NET Hosting, but extreme network traffic or extreme uploading and downloading can create problems. Your maximum throughput allowed by your website is an estimate of your usage. You are allowed to exceed your maximum usage without being shut off. You will be billed for the additional throughput on your next billing cycle. Please help ShadowSites.NET Hosting plan for the future and popularity of your website. If you know in advance due to advertising, publicity, or general interest that your throughput will exceed 2 times the amount allowable by your plan, please contact us at support@shadowsites.net. This will ensure no downtime and maximum availability of your website at all times. We can upgrade you to another service plan or make other arrangements to save you money and to ensure your site is available at all times.

ShadowSites.NET Hosting customers may not use our network to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks or directly violating the security policy of another organization. Customers are also not allowed to interfere or deny service to any user, host, or network by flooding, mail bombing, or attempts to overload or crash the host network. Any violation of the network guidelines set forth will result in deactivation of your virtual or dedicated server for resolution.

11. Mass Mailings

ShadowSites.NET Hosting has a zero tolerance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail message, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of the ShadowSites.NET Hosting servers and/or network. Violation of the above terms will result in one or all of the following:

# A warning from ShadowSites.NET Hosting personnel by E-Mail or Telephone.
# Removal of DNS for the advertised/originating site
# Temporary shutdown of the website/server or a block on outgoing mail
# Permanent disconnection of service WITHOUT REFUND.

Repeat violation of the above terms will result in the following actions:
# Immediate disconnection of service with no re-activation
# A $2000.00 USD fee assessed and charged to your account for violation.
# Absolutely NO REFUNDS for ANY REASON AT ALL.
# Additional $50 USD fee charged to your account per E-Mail sent after notification.

If your actions have caused ShadowSites.NET Hosting servers or IP Addresses to be placed on ANY blackhole lists and other mail filtering software systems used by ISP’s and Web Hosting companies around the world, you will be assessed a $1000 USD charge to your account and $250 USD per hour for administrative charges incurred to remove and protect our servers and/or IP Addresses. If you have further questions about our mass mailing policy, please send them to support@shadowsites.net. If you want to report abuse by one of our users, please send the e-mail to abuse@shadowsites.net.

Mailing Lists: Our mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. Our policy is the following: An acceptable mailing list will be focused at a target audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. Your own list servs in which customers have signed up for in the past, is a valid mailing list. If one of your members asks to be removed, please remove them as soon as feasibly possible. Internally created mailing lists are valid as long as your customers agree to receive the e-mail. Purchased mailing lists are generally a violation of the rules because you have not received authority from the recipient to send them an e-mail. The final rule to all mailing lists is simple: if your customers begin to send spam complaints to ShadowSites.NET Hosting about your e-mail, you will be bound to the terms of mass mailings listed above. If you have direct questions in reference to mailing lists, please send your question to support@shadowsites.net.

12. Password Protection

ShadowSites.NET Hosting will turn over the administrative username and password for your account at the commencement of the contract. This username and password will be kept in your confidence throughout the contract term.

13. Copyright Infringement – Software Piracy

During the term of the hosting contract, ShadowSites.NET Hosting grants Customer a non-transferable, non-exclusive license to use the Software, in object code form only, for its internal needs, to be used solely on the Hardware provided, and solely in conjunction with the Services. Customer agrees that it will not, directly or indirectly copy the Software, except as is necessary to install on Hardware and for internal, archival purposes. In the event Customer makes any copies of the Software, Customer shall reproduce all proprietary notices on such copies; reverse engineer, decompile, disassemble, modify or otherwise attempt to derive source code from the Software; sell, lease, license, transfer, give possession of, or sublicense the Software or the documentation to others; write or develop any derivative or other software programs, based, in whole or in part, upon the Software or any Confidential Information.

The location of third party software found in your home directory that violates Copyright law is prohibited. ShadowSites.NET Hosting will work with the appropriate authorities in locating and removing any and all software that is deemed to be used in violation of a valid software license. Please do not locate, use, install, execute, or store software that you do not own a valid software license to, on ShadowSites.NET Hosting servers. Violators will be terminated immediately and referred to law enforcement authorities.

14. IP Addresses

ShadowSites.NET Hosting MAY assign and allow the use of IP addresses to the customer for the length of the contract. These IP addresses are the sole property of ShadowSites.NET Hosting or its network provider, are non-portable, and will be retained after service has ceased. ShadowSites.NET Hosting does reserve the right to change the customer IP address designation at any time. The use of an IP Address outside of your assignment by ShadowSites.NET Hosting will result in a $250 per hour administrative fee to restore correct IP addressing. This is also viewed as a breach of network security and your account will be taken offline until the problem is resolved. Administrative fees will be billed to your account the following business day.

15. Suspension

ShadowSites.NET Hosting specifically reserves the right to suspend network service to your account at our discretion. Suspension will only occur for violation of our AUP, non-payment for services, or by request of legal authorities with proper legal documents. Suspension will only occur for the absolute minimal amount of time to resolve the issue at hand.

16. SERVICE INTERRUPTIONS

Customer understands and agrees that occasional temporary interruptions of any Internet Services may occur as normal events in the provision of the Internet Services. ShadowSites.NET Hosting agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will ShadowSites.NET Hosting be held liable for any financial or other damages due to such interruptions. In no event shall ShadowSites.NET Hosting be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.

17. Governing Law and Forum

This Agreement shall be governed and interpreted according to United States Law. For all disputes arising out of or related to this Agreement or Service Orders, the parties irrevocably consent to the exclusive jurisdiction of the Courts of the United States. Customer’s address for purposes of service of process shall be the address designated for notices in this Agreement. In connection with all actions in which ShadowSites.NET Hosting is awarded amounts due from Customer, ShadowSites.NET Hosting shall be awarded (either in that action or by way of a separate action) its costs and expenses of litigation (including reasonable attorneys’ fees), through trial and appeal. ShadowSites.NET Hosting may at its sole discretion seek leave to conduct any legal process as described herein in any jurisdiction of any country where a customer or defendant cannot otherwise be brought to order under the laws of the United States.

18. LIMITATION OF LIABILITY

ShadowSites.NET Hosting’s liability (including, for purposes of this paragraph only, any of its employees, agents, or representatives), to Customer (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Agreement or Service Orders or the provision of any Services under Service Orders (including, without limitation maintenance and support) shall be limited to the amount of fees paid by Customer to ShadowSites.NET Hosting under this Agreement within one year preceding the date Customer contends its claim arose. In no event shall ShadowSites.NET Hosting be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if ShadowSites.NET Hosting has been advised of, or is aware of, the possibility of such damages.

19. DISCLAIMER OF WARRANTIES

ShadowSites.NET Hosting specifically disclaims all implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this Agreement, any written materials by ShadowSites.NET Hosting, or information on ShadowSites.NET Hosting’s web site, shall be for informational purposes only and, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guarantee of performance, or contractual obligations. ShadowSites.NET Hosting also reserves the right to change prices for no reason, and at any time.

Any violations of the above policies will result in immediate suspension of services and/or termination of your service. By entering into a hosting contract with ShadowSites.NET Hosting you agree to be bound by these policies, terms and conditions.