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Arctic Hosting - Terms Of Service

1) Description Of Service: Arctic Hosting is a SEO hosting company specializing in providing Class C IP hosting packages to launch websites and SEO campaigns across multiple IP addresses. Arctic Hosting is a division of Microsite Masters, LLC (referred to here as "the service") includes, but is not limited to web hosting services, the site, the user interface, as well as all source codes, object codes, copyrights and other intellectual property, and all content made available through the site or service. Where appropriate, "Arctic Hosting," "us," and "we" refer to us, Arctic Hosting, a division of Microsite Masters, LLC. "You" and "user" refers to you, the person entering into this Agreement with us.

2) Acceptance Of Terms: By accepting the terms of service or by accessing or using the service you understand and agree to the terms and conditions presented in the Arctic Hosting terms of service agreement. (the "Agreement") If you object to anything presented into this Agreement or the Arctic Hosting Privacy Policy (the "Privacy Policy"), you must not use the website or the service. This Agreement governs the relationship between you and Arctic Hosting. Arctic Hosting reserves the right to change the conditions of the Agreement at any time. Changes to the Agreement will be made effective upon updating the Agreement posted on the website and continuing use of the service will indicate the acceptance of all changes made to the Agreement. You are responsible to review this Agreement each time you access the website in order to monitor these changes. If you do not agree to the changes, you must discontinue accessing the website and service immediately. Arctic Hosting reserves the right to suspend or discontinue use of the service with or without notice at any time and for any reason. Any new feature or function added to the service will also be subject to terms of service presented in the Agreement.

3) Use of Service: The service is made available for personal use only. The service shall not be licensed, sublicensed, sold, resold, rented, leased, transferred, assigned, distributed, or shared to or with any third party, at any time. By acceptance of this Agreement, you agree to not use the service in any unlawful manner or in any manner that interferes with or interrupts the service. The website and the service are provided "as is" and on an "as available" basis. Arctic Hosting does not guarantee and does not promise any specific results from the use of the website and the service, including, but not limited to, promises or claims about specific results relating to the accuracy, completeness, or usefulness of the website and the service. You must be at least eighteen (18) years of age to use the service, and provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or to permit continued use of the service. If the minimum age of capacity to contract in your jurisdiction is higher than eighteen, then that minimum age applies instead. Arctic Hosting reserves the right to refuse or deny service to anyone at any time and without notice for any reason.

4) Representations and Warranties: You represent and warrant that all of the information provided to Arctic Hosting to use the service is correct, current, and you have all necessary right, power, and authority to enter this agreement and perform the acts required of you as enumerated in this Agreement.

5) User Responsibilities: You are responsible for all information, data, text, messages, or other materials that you post or transmit through the service. As a condition of acceptance of the Agreement, you are responsible for maintaining the confidentiality of issued passwords and account information to access the service and accept all liabilities associated as a result of breaches in security and confidentiality. You are fully responsible for any and all activities that occur in relation to your account with us. You agree and acknowledge that your account may be used by one person only. A single account may not be shared between multiple parties at any time for any reason. The failure of Arctic Hosting to exercise or enforce any right or provision contained in this Agreement shall not be a waiver of that right. You shall not, shall not agree to, and shall not authorize or encourage any third party to use the service to upload, transmit, or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, threatening, pornographic, obscene, containing viruses, or is otherwise objectionable. Personal attacks, defamation, harassment, spam, offensive content, inappropriately behavior, or other illegal activities are strictly prohibited. What is objectionable, offensive, or inappropriate is at our sole discretion.

Examples of unacceptable material on all Arctic Hosting accounts include: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Violating the terms and conditions presented in the Agreement may result in immediate termination of the service and may subject you to state and federal penalties and other legal consequences. Arctic Hosting reserves the right to investigate your use of the service to determine whether a violation of the Agreement has occurred, or to comply or assist with any applicable law, regulation, legal process, investigation, civil suit, or governmental request.

6) Prohibited Uses: You must be a human to use the service. Automated account registration or automating functions of the service are strictly prohibited. You must not modify or adapt the service or modify another website to falsely imply that is associated with the service or Arctic Hosting. You agree to not modify the service in any manner or form or modify the service for the purpose of obtaining unauthorized access to the service. You agree not to access the service by any means other than through the interface provided by Arctic Hosting. You acknowledge that the service is not intended for permanent storage and agree not to use the service for archiving data or for back-up purposes. You agree that Arctic Hosting reserves the right at any time and for any reason to right to block registrants and members from certain IP addresses from accessing the website or service, if we believe it is necessary to protect the integrity of the service.

7) Zero Tolerance Spam Policy: We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Arctic Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Arctic Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Arctic Hosting.

8) Intellectual Property Rights: You acknowledge that Arctic Hosting owns all rights, title, and interest in and to the service, including without limitation all intellectual property rights including, but not limited to, any and all text, graphics, images, software, data, information, music, sound, video, audiovisual content, and data associated with the service (the "intellectual property rights"). Arctic Hosting logos displayed on the site or contained in the service are trademarks of Microsite Masters, LLC. You may only use our logos for promotional purposes to identify yourself as a user of the Arctic Hosting service, provided that you agree not to attempt to claim ownership of the marks by incorporating or including them with your name or offering. You agree that you will not copy, reproduce, alter, modify, or create derivative work from the service. You also agree that you will not use any automated codes, devices, or programs to monitor or copy any content or data from the service. Arctic Hosting's intellectual property rights include, but are not limited to, the service developed and provided by Arctic Hosting, and all software and functionalities offered or associated with the service.

9) Third-Party Content: Certain content, products or services made available through the Arctic Hosting service may include materials from third parties. In addition, Arctic Hosting may provide links to certain third-party websites as needed or to be used as reference when applicable. We are not responsible for this content or these websites, and you agree not to hold us liable for any damage that may result from accessing or using them.

10) Privacy: As a condition of using the service, you agree to the terms of the Privacy Policy. You acknowledge, consent and agree that Arctic Hosting may access, preserve and disclose your account information and any content or data, including the content of your e-mails if required to do so by law or with a good faith belief that such access, preservation, or disclosure is desirable to comply with legal process, enforce our terms of service agreement, respond to claims that any content violates the rights of third parties, respond to your requests for customer service, or protect the rights, property or personal safety of Microsite Masters, LLC, Arctic Hosting, its users, or any other party. Personal information collected by Arctic Hosting may be stored or processed in the United States or any other country in which Arctic Hosting, Microsite Masters, LLC or its agents maintain facilities. By using the service you consent to any such transfer of information outside of your country. Arctic Hosting reserves the right to access any or all of your service accounts in order to respond to your requests for technical support. We shall endeavor to maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of your data. You understand that the technical processing and transmission of the service including your data may be transferred unencrypted and involve transmissions over various networks and to third party hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the service. You agree that you release us from any liability for damages arising from or related to your personal information, whether it would be attributable to us or to a third party.

11) Limitation of Liability: Under no circumstances shall Arctic Hosting be liable to any user or third party on account of that user's use or misuse of or reliance on the service arising from any claim relating to this Agreement or the website, or the service. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages including last profits, lost sales or business, lost data or business interruption whether such claim is based on warranty, contract, or tort (including negligence). Without limiting the generality of the foregoing, under no circumstances shall Arctic Hosting be held liable for any delay or failure in performance resulting directly or indirectly from acts, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes (including lawful and unlawful strikes), riots, insurrections, civil disturbances shortages of labor or materials, fires, floods, storms, explosions, acts of God, ware, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Arctic Hosting shall not be liable for any direct damages, costs, losses or liabilities whatsoever by any user or third party. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, Arctic Hosting's liability will be limited to the greatest extent permitted by law.

12) No Thirty Party Beneficiaries: As a user of the Arctic Hosting service, you acknowledge that there shall be no third party beneficiaries to the agreement.

13) Indemnification: You agree to hold harmless and indemnify Microsite Masters, LLC, Arctic Hosting, and its subsidiaries, affiliates, officers, agents, and other partners or employees from and against third party claim including any loss, liability, claim, or demand including attorneys' fees made by any user or third party arising from or in any way related to your use of the service, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, Arctic Hosting will provide you with written notice of such claim, suit or action. You agree that Arctic Hosting may elect to settle in the event of such a claim, and that you will be responsible for indemnifying us to the same extent as if we had litigated.

14) Assignment: Arctic Hosting may assign or transfer Agreement, in whole or in part, without restriction. In the event of an assignment or transfer, all rights to your data will be transferred, and you may be required by the beneficiary of the assignment or transfer to enter into a new agreement.

15) Billing: We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in the event of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

16) Transfers: Our transfers team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

17) INODES: The use of more than 50,000 INODES will result in account suspension. Accounts found exceeding 50,000 INODES will not be backed up on our backup servers. A INODE is the actual file or directory and not the size of that file or directory. For example your index.html file is 1 INODE. A directory called homework is counted as 1 INODE as well.

18) Bandwidth Usage: You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

19) Resource Usage: User may not: a) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. c) Run any software that interfaces with an IRC (Internet Relay Chat) network. d) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them. e) Participate in any file-sharing/peer-to-peer activities f) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc g) Run cron entries with intervals of less than 15 minutes.

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include ("http://yourdomain.com/include.php") use include("include.php")

All remote includes must be cached for at least 10 minutes (600 seconds), to avoid hanging processes, excessive resource usage, and IP flooding.

20) Backups and Data Loss: Your use of the service is at your sole risk. Arctic Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Arctic Hosting servers.

21) Account Downgrading: Downgrading your subscription plan level may cause the loss of content, features, or capacity of your account, and you release Arctic Hosting from any liability for such loss.

22) Cancellation: You are responsible for properly cancelling your account. You may cancel your account at any time by going to your account information page when you are logged into the service and choosing to cancel your account. Any method of communication other than electing to cancel your subscription plan inside the service interface will not be considered cancellation. All of your content will be immediately deleted from the service upon cancellation. This data cannot be recovered once your account is cancelled. If you pay your subscription in monthly installments and you cancel your subscription prior to the end of the subscription period, Arctic Hosting will terminate your access to the service and cease billing you for future use of the service. However, you will remain responsible for all charges incurred prior to Arctic Hosting's terminating access to your account. Nonpayment of the Arctic Hosting service seven (7) days after the last date of billing will constitute and initiate the cancellation of your account.

If you pay for Arctic Hosting via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. Arctic Hosting (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.

23) Governing Law: The Agreement shall be governed by the laws of the State of Maryland without regard to the principles of conflicts of law. If for any reason a court of competent jurisdiction finds any provision or portion of the terms of service to be unenforceable, the remainder of the terms of service will continue in full force and effect. You are responsible for complying with any applicable laws, rules, or regulations governing the export of the service or any of its components. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Maryland for the purpose of resolving any dispute relating to your access to or use of the service. You agree that if you bring an action in a forum other than one authorized by this paragraph, our attorneys may move to dismiss the action and you will be responsible for paying our reasonable attorneys' fees and court costs required for the motion. Any failure on our part to enforce any portion of this Agreement shall not be a waiver of our right to enforce that or any other portion of the Agreement.