Terms of Service/Acceptable Use Policy

The placing of an order for services from from Select Hosting, Inc. [hereafter referred to as "Select Hosting", “we”, “us”, “the company”] constitutes your [hereinafter referred to as "you", "customer", "client"] agreement to these terms and all other terms, conditions and acceptable use policies and other policies which are included by reference herein and as they apply to the services Select Hosting provides to you.

Select Hosting provides a number of different services for which all of the following general terms and conditions apply. Each specific service may also have specific additional terms and conditions and acceptable use policies that may apply and are included herein by reference for the following services as they may apply:

1 - SERVICE ORDERING AND ACTIVATION
Your order must be placed online through the Client Portal system found on the Select Hosting web site. We will setup your account and/or services after we have received payment and we and/or our payment partner(s) have screened the order(s) to ensure that order(s) are not fraudulent.

In some high risk transactions and as deemed appropriate and necessary by Select Hosting, we may require that a customer present 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. It is your responsibility to provide us with accurate contact and billing information with each and every order and request for service.

The contact email address that you provide to us at the time of order must be a valid and functioning email address at the time of order, i.e. not an email address that would be created on a domain or service that you are currently ordering. It is your responsibility to ensure that the email address on file as well as all other contact and billing information is current and up to date at all times. Updating information can be performed through the Client Portal. Select Hosting cannot update contact information through request sent via email or help desk tickets. All customer contact information must be updated through the Client Portal system.

We reserve the right to refuse to provide service, or reject, cancel or delay the processing of an order at any time for any reason or for no reason and with or without notice.


2 - BILLING AND PAYMENT INFORMATION

You agree to supply appropriate payment for the services received from Select Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify Select Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended.

Payment must be made by credit/debit card, check, money order, or PayPal, and payments must be paid on or before the due date as indicated on the invoice/bill. Select Hosting does not postal mail invoices/bills. All bills and invoices are sent via electronic mail (e-mail) only. Select Hosting maintains electronic copies of bills and invoices which are available for viewing and downloading through the Client Portal.

As a client of Select Hosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Select Hosting of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Select Hosting. Select Hosting reserves the right to bill your credit card or billing information on file with us. Select Hosting provides a 10 day grace period from the time the invoice is due. Any invoice that is outstanding for 10 days and not paid will be assessed a late fee of 10% or $5, whichever is greater. A service suspension may be placed on the account for all services until the account balance has been paid in full. The late fee is applied in addition to whatever else is owed to Select Hosting for services rendered. Access to the account will not be restored until payment has been received. Failure to pay an invoices does not cause future billing to cease and charges will continue to accumulate until you formally cancel the services.

Services are billed based on their existing on our billing system and not based on whether or not the service is used. The fact that a customer does not or has not used the service does not remove the customer's responsibility to pay for the services for the time the services existed on our billing system.

If you provide us with credit card information and choose to have us store that credit card information on our system, by doing so you authorize us to present charges to that credit card for services provided on both a one-time and recurring basis as charges and/or invoices become due. If you wish not to have charges automatically processed against a credit card you must request that we not store your credit card information, and if it is already stored you must request that we remove it. Alternatively you do have the option of having us store your credit card information on the system but having each of services' payment method set to "Mail In Payment" rather than "Credit Card". If a service is set to "Mail in Payment" you will have the option of either mailing in a check, or manually process a credit card payment online.

If we do store your credit card information on our system and an invoice for services becomes overdue we reserve the right to, and you authorize us by virtue of providing the credit card information, to process overdue charges agaist the credit card we have on file.

If you wish to have us remove your credit card information from our system, or you wish to have any or all of your services set to "Mail In Payment" you must notify us through the client portal by opening a Support Request, or by sending a certified letter, Return Reciept Requested to our billing department at, Select Hosting, Inc. PO Box 665, Windham, NH 03087. No changes to billing information will become effective until acknowledged. In cases where charges against a credit card may occur in the time between when notice of billing change was received as indicated by the time stamp on a ticket or by the postal date if by mail, such date will be considered the effective date and said charges will be reversed provided that payment of the invoice has been made by another means and only if the reversal of the charge would not result in the invoice being not being overdue.


3 - CANCELLATIONS AND REFUNDS

Select Hosting reserves the right to cancel, terminate, suspend, or otherwise restrict access to your account and/or services we provide to you at any time with or without notice.

NOTE: Select Hosting reserves the right to immediately delete all account content, website content, email and email accounts from all the systems and servers for reasons related to but not limited to; non-payment or if, in our sole commercial judgment, we determine or estimate that doing so be in the best interest of Select Hosting.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel month-to-month services at any time. Contracted and other services provided under a specific agreement must be cancelled in accordance with the cancellation policy stated on such contract or agreement. If a contract or agreement does not have a specific cancellation policy or instructions the cancellation policy/procedure listed here shall prevail.

Cancellations must be done through the Client Portal at www.selecthosting.com/portal. We require that each and every request for cancellation of service be submitted through the Client Portal for security, auditing and legal requirements. Please do not send cancellation requests to individuals, via a support or customer service ticket, by email or through the contact us link on our website, as any cancellation requests sent using those methods or any other method other than the Client Portal Request Cancellation likely will not be reviewed, considered or responded to or processed.

Domain transfers and web hosting transfers do not automatically cause cancellation of related web hosting or email services and such services require cancellation according to our cancellation policy. Additionally, continued payment of services indicates your desire to not cancel services and any such payments are non-refundable. All cancellations must explicitly state "Cancel" or "Request for Cancellation" and must specifically state each and every service to be cancelled.

Alternatively, we do accept cancellations by Certified Mail sent to Select Hosting, Inc. PO Box 665, Windham, NH 03087. In such a notice of cancellation please included your account number and list each service you wish to cancel specifically. Please also include your most current contact information so that we confirm your request.

Upon submitting your cancellation request through the client portal you will receive an automatically generated email response letting you know that we have received your request. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation request, please contact us immediately by opening a support ticket through the client portal, or as a last resort by using the Contact Us link on the web at www.selecthosting.com. Once we received and confirmed your cancellation request your service will be cancelled within 1 minute to 30 days.

For services offered under a 30 day money back guarantee any customer that cancels within the first 30 days and has paid with a credit card or PayPal will be issued a full-refund to the same credit card or PayPal account that was used to make the payment.

Cancellations requested after the initial 30 days will take place effective 30 days from the receipt of the cancellation request. Unless specifically requested, the account will remain active until the current renewal period expires. There will be no pro-rated refunds provided regardless of the number of days, weeks, months or years remaining in the current term.

In cases where refunds have been authorized, we will do our best to refund by the same means that payment was made and as appropriate. In some cases the only means of refund may be check. Check refunds may take up to 30 days to process.

There are no refunds on dedicated servers, administrative fees, install fees for custom software, licensing fees, or domain name purchases, renewals or transfers.

Only first-time accounts are eligible for a refund under the 30-Day Money Back Guarantee offers. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of any of our Terms of Service, Acceptable Use Policies or other policies will waive the refund policy.


4 - SERVICE CHANGES, LIMITS, FAIR-USE, ACCEPTABLE USE

4.1 - SERVICE CHANGES Select Hosting reserves the right to change prices, services and offers listed on the Select Hosting web site and any and all other marketing material at any time without notice. We also reserve the right to change the amount of resources and services provided under any product of service at any time.

4.2 - FAIR USE
Select Hosting offers commercially reasonable high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer, number of email accounts or FTP accounts. File quota limits are enforced to ensure system operating integrity and reliability and are limited to 100,000 files on Windows plans and 300,000 files on Linux plans. The intention of Select Hosting is to provide ample resources for customer convenience, so that customers needn't to worry about exceeding limits.

It is acknowledged by users of Select Hosting services that these resource allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on Select Hosting servers.

It is also acknowledged by users of Select Hosting services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. Select Hosting takes measures to utilize the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of Select Hosting services that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. Select Hosting, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates.

It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, Select Hosting reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or upgrade to one of Select Hosting's alternative services if applicable. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization. Additionally, web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Select Hosting.

If a "Fair-Use" breach occurs, which's determination is solely up to Select Hosting, subscriber may have to remove files from or reduce access to subscriber's account to an extent as determined by Select Hosting, in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that Select Hosting may have to take. Select Hosting also reserves the right to completely disable the site without notice in effort to reduce and/or eliminate harm to other users, the Select Hosting network, or any other network, resource or business that may be impacted.


5 - WARRANTEES, LIMITATIONS, BACKUPS

NOTE: It is the customer's responsibility to perform and maintain backups of their web site data, program, email, and configurations. Select Hosting does not perform individual customer usable backups.


5.1 - Select Hosting makes every reasonable effort to maintain operation of the Select Hosting services; however, because many events and circumstances are beyond the control of Select Hosting, Select Hosting does not in any way warrant or otherwise guarantee the availability of the Select Hosting systems or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Select Hosting.

5.2 - ALL SELECT HOSTING SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSESE SELECT HOSTING DOES NOT PERFORM BACKUPS OF USER DATA AND IT IS THE CUSTOMER'S RESPOSIBILITY TO PERFORM AND MAINTAIN BACKUPS.

5.3 - In general, Select Hosting has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. Select Hosting accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. Select Hosting provides no warranty for any goods or services which you obtain over the Internet nor the compatibility of any such services with the Select Hosting system.

5.4 - You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.

5.5 - Select Hosting makes a best effort to backup hosting servers for the sole purpose of disaster recovery. Customers are responsible for the backup and restoration of their sites and the content contained in their site. If customer engages Select Hosting to provide backup or restorations from a Select Hosting or customer generated backup, any efforts that Select Hosting makes is on a best-effort basis and customer assumes all liability regardless of the outcome of the work that Select Hosting may provide. Any and all time Select Hosting spends on performing any services regarding backup and restore are billable regardless of the level of success such efforts yield including complete failure and complete or partial loss of data and/or functionality of the site.

5.6 - THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO SELECT HOSTING IN THE ONE MONTH IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL SELECT HOSTING BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.


6 - INDEMNITY

6.1 - You agree to fully defend and indemnify and hold harmless Select Hosting of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Select Hosting in any way related to your use of the Select Hosting service or any portion thereof.

6.2 - You agree to fully defend and indemnify and hold harmless Select Hosting of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Select Hosting service or any portion thereof. Choice of counsel remains exclusively that of Select Hosting

6.3 - You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless Select Hosting of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of Select Hosting.

7 - FORCE MAJEURE
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

8 - U.S. EXPORT CONTROLS
Software available in connection with the Select Hosting services is subject to United States export controls. No Software may be downloaded from Select Hosting or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the any downloaded Software or software component is at your sole risk.

9 - ASSIGNMENT
Your rights under this agreement may be assigned only upon prior notice and express approval by Select Hosting. Select Hosting may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Select Hosting. Any other attempted transfer or assignment of rights hereunder shall be null and void.

10 - SEVERABILITY
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

11 - CHOICE OF LAW
This Agreement shall be interpreted under the laws of the State of New Hampshire without regard to any conflict of laws or provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be enforced in the Superior Court of the State of California, County of Los Angeles. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

12 - NO AGENCY
Notwithstanding any other provision of this agreement, Select Hosting is not your agent, partner or joint venture in any respect.

13 - AMENDMENT
Select Hosting may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the Select Hosting web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.