HostM.com agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of HostM.com Service constitutes acceptance and agreement to HostM.com's AUP as well as HostM.com's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of HostM.com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition HostM.com shall have the right to terminate all service set forth in this Agreement.
   
2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
   
3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by HostM.com.
   
4. Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $5.95 late fee. Accounts that are not collectable by HostM.com may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
   
5. Refund and Disputes: All payments to HostM.com are nonrefundable. This includes subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.If you dispute a charge to your credit card issuer that, in HostM.com's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay HostM.com an "Administrative Fee" of not less than $50 and not more than $150.
   
6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
   
7. Account Cancellation: Requests for cancelling hosting accounts must be made at least 7 days prior to the next renewal date of the hosting account. Clients must log into the Client Lounge and open a new Client Care ticket requesting cancellation for each hosting account that they wish to cancel. All pre-paid subscription fees, including renewal fees that have already been processed are non-refundable upon cancellation, the only exception being if cancellation is made within the first 30 days of the opening of the first hosting account by the client concerned, as per the money-back guarantee.
   
8. Unexpected Service Interruptions: 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, including any form of hardware or software failure. 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.
   
9. Responsibility for Backing Up Customer Hosted Data: HostM.com strongly recommends that all data (including web sites, email and databases) hosted within the customer's account be regularly backed up by the customer to a separate physical location. HostM.com cannot be held responsible for backups of customer hosted data. In the event of an event such as a hardware or software failure resulting in the loss of any hosted data, HostM.com engineers will first attempt to restore data from HostM.com's own backups, if any. This process can take anywhere from 12 business hours up to 7 business days, depending on the severity of the hardware/software failure as well as hardware/software availability. However, should it not be technically possible to perform such a restoration, HostM.com is not responsible for restoring any of the lost data, beyond the re-creation of the hosting accounts in a fresh empty shell state, in order to allow the customer to restore data from their own backups. Please note that the re-creation of such fresh hosting accounts can take up to 7 additional business days.
   
10. Support Boundaries: HostM.com provides 24 x 7 technical support to our subscribers, strictly related to your virtual site physical functioning. HostM.com does not offer tech support for web design and development, application specific issues such as cgi programming, HTML or any other such issue. If you are able to log into your hosting account and have other questions, the answers may be on our home page at http://www.hostm.com/faq.m - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question. Please do investigate these resources before sending a support ticket. All support is strictly provided via the Client Lounge only for security reasons. We do not provide support via any other means, including phone, email or fax support.
    
11. SPAM and Unsolicited Commercial Email (UCE): HostM.com takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of HostM.com may not use or permit others to use our network to transact in UCE. Customers of HostM.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
    1. Violation of HostM.com's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, HostM.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, HostM.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, HostM.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, HostM.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. HostM.com will notify law enforcement officials if the violation is believed to be a criminal offense.
    2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that HostM.com personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
    
    
12. Network
    1. IP Address Ownership: If HostM.com assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to HostM.com, and Customer shall have no right to use that Internet Protocol address except as permitted by HostM.com in its sole discretion in connection with the Services, during the term of this Agreement. HostM.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by HostM.com, and HostM.com reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses.
       
    2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). HostM.com will monitor Customer's bandwidth and disk usage. HostM.com shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in HostM.com's sole and absolute discretion. If HostM.com takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, HostM.com may, at its sole discretion, collect a deposit, in an amount determined by HostM.com, against customer's credit card on file with HostM.com.
       
    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the HostM.com Network. Violations of system or network security may result in civil or criminal liability. HostM.com will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
       • Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
       • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
       • Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
       • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
       • Taking any action in order to obtain services to which such User is not entitled.
         
13. Notification of Violation:
    1. HostM.com is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
    2. Users that HostM.com determines to have committed a violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without notice.
    3. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network.
       
14. Suspension of Service or Cancellation: HostM.com reserves the right to suspend network access to any customer if in the judgment of the HostM.com network administrators the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which HostM.com chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
    
15. HostM.com reserves the right to amend its policies at any time. All customers of HostM.com must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
    
16. Indemnification: HostM.com wishes to emphasize that in agreeing to the HostM.com Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies HostM.com for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to HostM.com or the bringing of any claim against HostM.com by any third-party. This means that if HostM.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against HostM.com, plus all costs and attorney's fees.
    
17. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
    1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
    3. HostM.com takes no responsibility for any material input by others and not posted to the HostM.com Network by HostM.com. HostM.com is not responsible for the content of any other websites linked to the HostM.com Network; links are provided as Internet navigation tools only. HostM.com disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
    4. HostM.com is not responsible for any damages your business may suffer. HostM.com does not make implied or written warranties for any of our services. HostM.com denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by HostM.com.
    5. It is absolutely forbidden to host pornographic content, IRC servers, and anonymous proxies on each hosting account. Hosting accounts found hosting this material will be subject to immediate cancellation without refund.
       
18. Infancy: You attest that you are of legal age to enter into this Terms of Service.
19. Responsibility for Content: You, as HostM.com's customer, are solely responsible for the content stored on and served by your HostM.com account.