• "We" "Us" or "Provider" or "AmpHosted."
• "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for internet service or is a designate of any one who applies for internet service.

AmpHosted MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither AmpHosted nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of AmpHosted, even if AmpHosted has been advised to the possibility of such damages.

Limitation of Liability
IN NO EVENT SHALL AmpHosted BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE AmpHosted's SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF AmpHosted's SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF AmpHosted HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AmpHosted'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO AmpHosted FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AmpHosted'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification
You agree to indemnify, defend and hold AmpHosted and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto AmpHosted's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to AmpHosted's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by AmpHosted's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

Account Verification
If some orders are considered suspicious, an verification email will be sent to the account email. If that email is not responded to within 24 hours, the account will be terminated. Things that can be considered suspicious would be multiple accounts, multiple products, failure of payments on new accounts, failure of email replies, duplicate domain names, etc etc.

Services Provided by AmpHosted
AmpHosted will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows AmpHosted members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. AmpHosted members will use the provided services in a manner consistent with any and all applicable laws. AmpHosted provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. If any of the below activities are committed, AmpHosted can terminate client's account without notification.

A) Client Content: Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of AmpHosted or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to AmpHosted or any third party. Customers may not run IRC, bots or clients. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child porn, hardcore porn or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. AmpHosted will be the sole and final arbiter as to what constitutes a violation of this policy. AmpHosted does not normally monitor the contents of clients servers, however if suspicion occurs, AmpHosted reserves the right to investigate and terminate the clients subscription to the service.

B) Bandwidth Usage: AmpHosted offers a generous amount of data transfer per month. Bandwidth is calculated on a recurring 30 days. Sites that use over the given limit in 30 days will automatically be suspended. There is a daily transfer cap of total bandwidth divided by the number of days in the current month. If you exceed your bandwidth limit for any given month, your account will be suspended until you upgrade or pay additional service fee of $3.50 per GB, warning e-mail's are sent out before your account reaches the maximum.

C) Excessive Resource User Policy: Resources are defined as bandwidth, memory and/or processor utilization. A website is considered using "Excessive amounts of resources" when it monopolies the resources available using 10% or more of system resources for longer than 60 seconds. There are numerous problems that could cause such problems, this includes but not limited to: cgi scripts, FTP, HTTP, etc. A site that consumes over the account limit of bandwidth is also considered "excessive resources". This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using "excessive resources" will be asked to upgrade his/her package to one of our dedicated server packages. AmpHosted will be the sole and final arbiter as to what constitutes a violation of this policy.

D) No "Spam": UCE/UBE or "Spam" originating from a server located on our network or associated with a AmpHosted server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the AmpHosted network but is sent from an e-mail address not associated with that AmpHosted account. Client shall not use their AmpHosted services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. AmpHosted reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $200 clean up fee if an account was suspended for policy violation.

E) False Information: Client agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact AmpHosted concerning unethical, false or unlawful activities by you, AmpHosted reserve the right to terminate your service without notice.

F) Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

G) Back-Up Files: AmpHosted provides the tools needed to create back ups of account data. It is the responsibility of the customer to keep up-to-date archives of their backed up data. AmpHosted currently does not utilize any back-up services and is not responsible for any lost data.

H) Your account with us must not exceede 10% CPU useage, or 10% memory useage at any given time. If so, you will receive a notification ragarding your violation.

Payment, Renewal, Cancellations, Terminations
A) Payment Obligations: Full payment is required in advance before hosting service is established. AmpHosted sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice. You warrant and represent that the information you supply in the Order Form (or other information that AmpHosted may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. To have your account re-established, you will need to pay the monthly fees, plus any interest that may have accumulated at the rate of 12.35% per year. There is a $35 fee for bounced cheques and a $45 processing fee for chargebacks.

B) Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to AmpHosted thirty (30) days before the renewal date that you do not wish to renew or make changes to such account.

C) Cancellation & Refunds: Should you become unsatisfied with our services within the first 30 days of your account activation, AmpHosted will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for pre-paid accounts and after the 30 days of account activation. You may however cancel your account at any time. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations.

D) You agree that Amphosted may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service.

E) If you terminate your contract prior to its term, you may be disqualified from the free domain registration promotion.

F) If you discover anyone on our system violating any of these terms or notice anything suspicious from our network, report it at abuse@AmpHosted.com for investigation. We will immediately terminate any account we feel has been in violation of any of these terms.

G) We provide a 30 day money back guarantee for hosting accounts. However, if you register a new domain name with your account and choose to cancel after three days of service, $10 will be deducted from the refund for the cost of the domain. You will maintain full ownership of the new domain after you have canceled your hosting with us.

H) AmpHosted reserves the right to refuse service to anyone for any reason.

30-Day Money Back Guarantee
AmpHosted offers an unconditional 30-day money back guarantee that covers cancellations of an web hosting account made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations are also non-refundable. Any questions regarding the 30-day money back guarantee should be forwarded to sales@AmpHosted.com. Free distributed domain(s) given as part of a plan, are owned by AmpHosted, "Free" domains on plans were free to the customer, thus, purchased and owned by AmpHosted.

What do "unlimited disk space, data transfer, and email storage" mean?

It's pretty straightforward: Customers who use AmpHosted Web Hosting can obtain unlimited disk space, data transfer, and email storage if they use their services consistently with the Terms of Service and these paragraphs.

What is appropriate usage?
AmpHosted Web Hosting is designed to serve the web hosting needs of small, independently owned and operated businesses in the United States. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.

AmpHosted Web Hosting is a shared web hosting service, which means that a number of customers' web sites and other email or storage services are hosted from the same server. AmpHosted uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers' sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.

Disk space:
If you use your services consistently with the Terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers' sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate.

Data transfer:
In most cases, if you use our services consistently with the Terms of Service and these paragraphs, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site.

You can also upload as much as content as you like each month, subject only to the Terms of Service and the rules that control how fast your site can grow (see above).

Email storage:
You do not have to worry about hitting a storage limit if you use our services consistently with the Terms of Service and these paragraphs. AmpHosted will increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone.

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