Coastal Web Hosting's Terms & Conditions of Service

The following terms and conditions (these "Terms") govern the provision by Coastal Web Hosting ("Company") of the services and/or products (referred collectively herein as "Services and Products") described on the Server Order Form ( "Service Descriptions”) and defined in any of the Company’s product support listing, to the customer ("Customer") identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this "Agreement."

By submitting the online order form, Customer hereby agrees to the following:

• The term of this agreement, and the provision by the Company of the services hereunder, is on a month-to-month basis and renewable on such month-to-month basis unless cancelled earlier by pursuant to the express terms of this agreement.
  
  

• Customer agrees to pay for hosting services in advance of each monthly service term on the billing date specified in the invoice it receives from the Company.
  
  

• Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
  
  

• All set-up fees and monthly service fees are non-refundable. Customer shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by Company according to the terms herein.
  
  

• Non-Payment of services may result in disconnection.
  
  

• Customer must submit service cancellations by using the support ticket system (http://www.thatonesupport.com) at least 7 days before its next monthly billing cycle.
  
  

• Company is not responsible for data integrity on equipment reclaimed for non-payment.
  
  

• South Carolina residents agree to pay all taxes applicable to your account.
  
  

• Customer agrees to adhere to the Company's Acceptable Use Policy, as amended from time to time by the Company.
  
  

• Company reserves the right to terminate service immediately to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, or Terms of Services, or for any other reason.
  
  

Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:

Indemnification

Customer agrees to indemnify and hold harmless Company and the employees and agents of Company (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

Limitation on Company Liability

Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.

Arbitration

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

Notices

Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Customer as set forth in the Service Descriptions or Company as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by facsimile, (iii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested. Coastal Web Hosting, 605 Ohio Street Suite 415, Terre Haute, IN 47807, Attention Accounting Manager, Facsimile Number (812) 478-3131.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.

Miscellaneous

Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

About CWH: Acceptable Use Policy

 CWH™ Acceptable Use Policy described below defines the actions that CWH considers to be abused and strictly prohibited. There are no exclusions in this listing. Please, be aware that the actions listed below are also prohibited from other Internet Presence Providers (IPP’s) and (ISP’s), their users on behalf of CWH to advertise any service hosted by CWH or connected via the CWH Network. As defined by the Federal Trade Commission Deception Policy Statement, such services are not to be advertised by way of deceptive marketing policies. For abbreviation purposes, CoastalWebHosting.com will be referred as CWH and companies or individual account owners using our services as CUSTOMERS.

 Prohibited Uses

The Internet is a global interconnection of multiple networks that physically exist in multiple counties with diverse laws, regulations, and orders (“Laws”). For the purposes of this AUP, terms like “unlawful” or “illegal” apply to Laws globally and within the framework of applicable governing bodies. It is Customer’s responsibility to be aware of the Laws that apply to the use of the Service and to ensure compliance with such Laws. CWH will cooperate with all court orders, subpoenas, and other similar government requests ordering CWH to disclose information about use of the Service. The Service shall not be used to post, transmit, re-transmit or store material which, in the judgment of CWH:

Violates local, state, federal, foreign, or international Law; Could be considered threatening, obscene, indecent, defamatory, threatening or that otherwise could adversely affect any individual, group or entity (“Person”).

In addition to the other requirements of this AUP, the Service may be used only in a manner that in CWH’s sole discretion is consistent the purposes of such Service. Customer should contact CWH if it is unsure of whether any contemplated use or action is permitted.
By way of example, and not limitation, uses described below are expressly prohibited:
 
General:

Deceptive or fraudulent practices.

Any activity infringing on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents. Actions that restrict or inhibit any Person, whether a customer, CWH, or otherwise, in its use or enjoyment of any CWH Service.

System and Network:
The deliberate transmission of computer viruses worms, trojan software, or other malicious programs.

Interfering with, disrupting, or denying service including, but is not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g., denial of service attacks).

Attempting to gain unauthorized entry to any site or network including but not limited to executing any form of network probing, monitoring or other information-gathering on someone else’s site or network.

Attempting to circumvent host or user authentication or other security measures of any host, network or account.

Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one’s system by an unrelated third party, including, but is not limited to, via open email gateways and open proxy servers.

Mail

Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers or with whom the sender did not have an existing business relationship (“E-mail spam”). CWH reserves the right to determine in its sole discretion and based on the information available (1) what constitutes spam as well as (2) what measures are necessary in response to spamming complaints.

Harassment including, but not limited to, through language, frequency or size of messages.

Unauthorized use, or forging, of mail header information.

Solicitations of mail for any other E-mail address other than of the poster’s account or service with the intent to harass or to collect replies.

Creating or forwarding “chain letters” or other “ schemes” of any type.

Use of unsolicited E-mail originating from within CWH’s network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by CWH, or connected via CWH’s network.

Usenet Newsgroups:

Posting the same or similar messages to large numbers of Usenet newsgroup (“Newsgroup spam”).

Posting excessive numbers of identical or similar messages to any number of Usenet newsgroups from CWH’s network or networks of other Internet Service Providers on behalf of, to advertise, any service hosted by CWH, or via CWH’s network.

Posting chain letters of any type.

Posting encoded binary files to newsgroups not named for that purpose

Cancellation or superseding of posts other than your own

Forging of header information of the poster’s account or service.

Bulk Email:

Bulk email must provide recipients with an easy and effective mechanism for removal from bulk email lists. The source of the addressee’s address must be included in each bulk email message. Senders of bulk email must take effective steps to confirm that the actual owner of each email address on a list has agreed to receive bulk mailings from the sender before sending email to that list.

Service Resale:

Service or any portion of Service will not be resold unless authorized by CWH in an executed wholesale contract.

Password Protection:

Customer is responsible for protecting passwords and for any authorized or unauthorized use of its systems and/or networks.

Content Protection:

Customer must provide appropriate protection to prevent minors (persons under 21 years of age) from accessing any unsuitable material published via any Service.

Content Ownership:

Customer is responsible for all content or information residing on, obtained or transmitted via the Service.

Vulnerable Systems:

CWH reserves the right, without prior notice, to perform vulnerability tests on systems residing on IP address space belonging to CWH which may be allocated for Customer use. The purpose of such testing includes, but is not limited to, testing of mail servers or proxy servers for unrestricted third party relaying. CWH will use commercial reasonable efforts to ensure that such testing (1) will be non-intrusive in nature, and (2) will not adversely affect Service provided to Customer or compromise the security of Customer’s network.

Customer is responsible for correcting any system vulnerability upon notification. Customer must terminate operations of a known compromised system.

Service Provided Equipment:

Customer is responsible for any modification of, alteration to, or other tampering with any hardware provided with the Service.

AUP Enforcement

Violation of this AUP may subject Customer to international, federal, and/or state civil and/or criminal liability, including without limitation, California Business & Professional Code Section 17538.45. Customer activity that facilitates a violation of this AUP by any party constitutes a violation of this AUP by Customer. CWH reserves the right immediately and without prior notice to filter, block, suspend, and /or terminate access to the Service at any time for any conduct that CWH, in its sole discretion, determines violates or which may violate this AUP or is otherwise harmful to CWH’s interests or the interests of others. If access is terminated, CWH, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Customer’s data stored on Service.