This Agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.

Termination

Either party may terminate this Agreement without cause upon written notice to the other party. Dedicated server customers must provide 30 days written notice of termination. Nothing in this paragraph however shall limit Rack Harbor Hosting LLC right to terminate Customer immediately and without prior notice for improper use and violations as set forth herein. Termination of any domain or account will not be processed without the required documentation. Any person wishing to terminate their account or any domain within their account must log on to their hosting account and follow the control panel menu to terminate a domain. Terminations will not be accepted without completing the termination process under their account. No exceptions will be made. The termination process is required for your protection as well as ours. The policy provides evidence that the individual terminating the account is authorized to do so. Email terminations will not be accepted. In the event that Rack Harbor Hosting LLC elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance. In the event Customer elects to terminate this Agreement, same shall be considered a breach and Customer shall not be entitled to any refund. In the event that Rack Harbor Hosting LLC elects to terminate Customer without cause, Customer shall receive a full refund of any balance. However, if Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance.

Liability

Customer agrees that Rack Harbor Hosting LLC shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies. Customer further agrees that Rack Harbor Hosting LLC shall not be liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages. Customer agrees that it shall not hold Rack Harbor Hosting LLC liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service. Rack Harbor Hosting is not liable for customer site content backups on their shared hosting platforms. Rack Harbor Hosting has made every reasonable attempt to protect the security and integrity of customer's web sites but offers no warranty as to the ability to restore site content in the event of a server failure. IN NO EVENT SHALL Rack Harbor HOSTING LLC LIABILITY EXCEED THE TOTAL VALUE PAID TO Rack Harbor HOSTING LLC BY CUSTOMER.

Representation and/or Warranties

Rack Harbor Hosting LLC makes no representations and cannot guarantee that Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer shall not hold Rack Harbor Hosting LLC liable for any damages, injuries or losses incurred by Customer as a result of any action instituted by a third party.

Client Content, Backups and Data Loss

Rack Harbor Hosting LLC performs backups of client content twice per week on Linux shared servers, and twice per week on Windows shared servers. Rack Harbor Hosting makes every effort to insure that these backups are valid. Rack Harbor Hosting assumes no liability for any information published to any server including all customer web site content, related files, backup files, databases or mail belonging to any customer hosted at Rack Harbor Hosting. Backup arrangements for client content for any frequency other than the standard backup frequency must be made by written contract and acceptance by Rack Harbor Hosting and any such contract will be subject to premium monthly charges. Rack Harbor Hosting does not backup up any dedicated or co-located server without a written contract to do so and Rack Harbor Hosting assumes not responsible for any content published to or stored on any dedicated server or co-located server. These servers are leased and maintained by the customer and because the customer has full control over all aspects of these servers, Rack Harbor Hosting assumes no liability in the operation or reliability of these servers other than hardware failure. Rack Harbor Hosting assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered from the most recent backup tapes. Access to client content is provided to all customers at any time. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on Rack Harbor Hosting Servers, or of any database maintained on any server operated by Rack Harbor Hosting in the event Rack Harbor Hosting is unable to restore customer content from tape backup. Statistics, if provided by the plan, are generated by a third party software system. Rack Harbor Hosting assumes no liability for the accuracy of the statistics provided. Statistics data is kept for 12 months and historical data is kept for 9 months. Some statistical reports are trimmed from the database after 9 months. Customers are encouraged to print their reports and use the data export feature for long term storage of statistics. The statistics server feature is an option available to our users however Rack Harbor Hosting assumes no responsibility for lost statistics data. AT NO TIME SHALL Rack Harbor HOSTING LLC ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.

Security

Customer understands that the Internet and other various networking communications are not secure. Rack Harbor Hosting makes every effort to attempt to secure their networks and servers however client content placed on these servers without prior review by Rack Harbor Hosting may introduce security problems that could affect a single server or multiple servers. Rack Harbor Hosting is not responsible for any security issues arising from the use of scripts and content on shared, dedicated, or colocated servers. Rack Harbor Hosting has the right to immediately remove or disable any feature of any web site or server belonging to any customer hosted by Rack Harbor Hosting if it has been determined that the customers content or script is causing a potential security issue or has already affected the operation of the server. Rack Harbor Hosting will not seek approval to remove or disable any program or user deemed to be a security risk on network. Illegal activities will be immediately stopped by Rack Harbor Hosting once found and all content on the servers along with logs and any private customer information will be turned over to the authorities.

Applicable Laws

Customer will ensure that its use of the Internet and any service provided by Rack Harbor Hosting LLC to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography. In the event that Customer violates this provision, Rack Harbor Hosting LLC shall have the right to consider same a breach of this Agreement by customer which shall entitle Rack Harbor Hosting LLC to terminate Customer immediately without prior notice. It shall be within the sole discretion of Rack Harbor Hosting LLC to deem material as inappropriate.

Integrity of Information

Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.

Account Security

Customer shall be solely responsible for protecting the security of its Internet account and usage. Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. Rack Harbor Hosting LLC shall not be liable for any breach of security caused by Customer or third parties. IN NO EVENT SHALL Rack Harbor HOSTING LLC LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN Rack Harbor HOSTING LLC AND CUSTOMER. Rack Harbor Hosting LLC will use its best efforts to maintain the integrity and security of Customer's password.

Domain Name Ownership

Customer shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. Customer shall make payment directly to the issuer. Under no circumstances shall Rack Harbor Hosting LLC be responsible for this cost.

Mail Services

Rack Harbor Hosting mail services are available for hosted customers only. Unauthorized use of the mail services is prohibited. Rack Harbor Hosting mail services and/or accounts shall not be used as an experimental or test platform for the development of custom private or commercial software. Use of Rack Harbor Hosting mail services for testing and software development may result in the suspension of all mail privileges. Web based e-mail is provided by Rack Harbor Hosting for their hosted customers only. This service is not intended to be used as a secure repository for customer e-mail. All e-mail stored on Rack Harbor Hosting's servers is deleted after 60 days. Rack Harbor Hosting does not backup the mail accounts of its customers and customers store their e-mail on Rack Harbor Hosting servers at their own risk. POP, IMAP and SMTP Mail services are not to be used to transfer system backups or disk images. Mail resource usage is not tracked against your monthly bandwidth of your current hosting package. LHH does not provide as part of its standar offering any Email archiving. All mail without exception will be removed from all users accounts if it is older than 60 days. Archiving programs are available at additional cost. Rack Harbor Hosting assumes no liability or responsibility for any mail older than 60 days stored on our systems.

Bandwidth Usage

Rack Harbor Hosting reserves the right to review and limit bandwidth on any hosting account package or domain exceeding reasonable monthly usage or usage over and above the specified maximum package limites in accordance with the current price list published on the web site. Customers exceeding reasonable usage monitored by Rack Harbor Hosting will be given the option to pay for excess usage at current market value (per 10GB), or will be given notice in which to move their domain to another service. A single notification will be made by E-mail. Failure to respond to the E-mail notification will constitute an agreement to charge the account for excessive bandwidth usage.

Hosting Account Ownership

The billing contact, as registered with Rack Harbor Hosting LLC is considered to be the account owner. Rack Harbor Hosting LLC will not transfer ownership, content, or access to any other party without written consent of the registered Account Owner.

Legal Action

Customer agrees to indemnify and hold Rack Harbor Hosting LLC harmless in any legal action which arises as a result of Customer's use of Rack Harbor Hosting LLC services, without limitation or exception including, but not limited to any action brought against Customer by a third party.

Jurisdiction and Governing Law

This Agreement shall be governed by the laws of the State of New Jersey and jurisdiction shall lie within the State of New Jersey. CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF THE STATE OF NEW JERSEY.

Headings

Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.

Modification

Rack Harbor Hosting, LLC may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

Entire Agreement

This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements. Failure to properly notify Rack Harbor Hosting LLC via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer's acceptance of same.

Renewal

Customer's failure to properly notify Rack Harbor Hosting LLC of its objections to any of the terms and conditions set forth herein shall constitute Customer's acceptance of same. This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein. In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect. Rack Harbor Hosting LLC current Terms and Conditions may be viewed at www.Rack Harborhosting.com.

Spam Policy

* NOTICE CONCERNING MAILING LISTS, UNSOLICITED MAILINGS (SPAM)* Rack Harbor HOSTING LLC STRICTLY PROHIBITS THE USE OF THEIR SERVERS TO SEND OR RELAY UNSOLICITED MAIL (SPAM). IF ANY DOMAIN HOSTED BY Rack Harbor HOSTING LLC, PARTICIPATES IN THE SENDING OF UNSOLICITED MAIL, UNSOLICITED BULK MAILINGS, UNSOLICITED SPOT MAILINGS OR ANY OTHER FORM OF MAILING COMMONLY KNOW AS SPAM, THE DOMAIN WILL BE CANCELLED IMMEDIATELY AND ALL ACCESS TO Rack Harbor HOSTING LLC WILL BE TERMINATED. TERMINATION OF THE HOSTING ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE SOURCE/SERVER THE MAIL IS DISTRIBUTED FROM. Rack Harbor HOSTING DOES NOT SUPPORT THE PRACTICE OF SPAM AND WILL TERMINATE THEIR ASSOCIATION WITH ANY COMPANY HOSTED BY OUR SERVERS IF THAT COMPANY HAS BEEN IDENTIFIED AS THE SOURCE OF UNSOLICITED E-MAIL/SPAM REGARDLESS OF THE ORIGINATING SERVER. ALL INFORMATION STORED ON Rack Harbor HOSTING LLC SERVERS WILL BE REMOVED IMMEDIATELY, DNS WILL BE TERMINATED, AND MAIL WILL BE SENT TO THE ABUSE DESK OF THE DOMAIN'S ISP. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES. MAILING LISTS HOSTED ON Rack Harbor HOSTING LLC SERVERS ARE NOT TO BE USED TO DEVELOP UNSOLICITED MAILING LISTS OR BULK MAILING LISTS. ACTIVITY FLOWING THROUGH THE SMTP SERVERS HOSTED BY Rack Harbor HOSTING LLC IS MONITORED CONTINUOUSLY AND NEW SECURITY FEATURES AND MONITORING TECHNIQUES ARE BEING INSTALLED IN ORDER TO DETECT AND PREVENT UNAUTHORIZED USE OF Rack Harbor HOSTINGS SMTP SERVERS. I ACKNOWLEDGE THE POLICY CONCERNING UNSOLICITED MAILINGS AS STATED ABOVE AND I HEREBY AGREE NOT TO USE THE EQUIPMENT OWNED AND OPERATED BY Rack Harbor HOSTING LLC OR ANY OTHER SMTP SERVICE FOR THE PURPOSE OF SENDING ANY UNSOLICITED BULK MAILINGS.

Service Uptime Guarantee

Services provided (as defined in plan outline or quotation) with a service uptime guarantee of 99.9% of available time per month, shall not exceed 0.1% downtime. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 7% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

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