By using the Service, you agree to abide by, and require others using the Service via your account to abide by the terms of this AUP. You should consult this document regularly to ensure that your activities conform to the most recent version. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND NOTIFY THE WEBSITE HOSTEL CUSTOMER SERVICE DEPARTMENT SO THAT YOUR ACCOUNT MAY BE CLOSED.

1. Term of Service

Website HOSTel will host an account for you, the purchaser (hereafter referred to as the "Account Holder"), for the Account Holder's chosen domain name, for the period of time (the "Term") corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated prior. Termination of services by the Account Holder must be given in written form, at least 30 days prior to the termination date. Phone notification is not acceptable. For any one of the virtual hosting plans, the full amount paid less any set up fees and overages will be refunded if Website HOSTel is notified of your intent to terminate within the first 30 days following activation. No refund is available after the 30th day.

2. No Warranty

Website HOSTel's services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Website HOSTel expressly disclaims any representation or warranty that the Website HOSTel services will be error-free, secure or uninterrupted. No oral advice or written information given by Website HOSTel, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.

3. Use of Services

The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Website HOSTel, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Website HOSTel based upon the severity of the violation. Website HOSTel reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of Website HOSTel's then current "Acceptable Use Policy", in the sole and absolute opinion of Website HOSTel. If Website HOSTel terminates the services being provided to the Account Holder, such termination shall be without refund. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless Website HOSTel from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by Website HOSTel, (collectively, "Claims") related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.

4. Price Changes

Website HOSTel reserves the right to change, at any time, the prices charged to the Account Holder for the services provided by Website HOSTel.

5. Passwords; Account Ownership

The Account Holder is responsible for security of its password. Website HOSTel will not change passwords to any account without proof of identification, which is satisfactory to Website HOSTel, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Website HOSTel will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Website HOSTel be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Website HOSTel from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.

6. Dedicated Services

The Account Holder agrees not to harm Website HOSTel, its reputation, computer systems, programming and/or other persons using Website HOSTel's services. Website HOSTel reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by Website HOSTel are provided on a dedicated server. This means that this server will be in use by Company XYZ, Inc.

7. Transfer of Rights

The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Website HOSTel.

8. SPAM

Website HOSTel is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any violation of United States laws relating to Spam, from being sent either: Over the Website HOSTel network, by customers or any other users of the Website HOSTel network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Website HOSTel server. We also prohibit the selling products that can be used for spamming.

Website HOSTel may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy.

If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse[at]websitehostel.com.

9. Email Policy:

Website HOSTel accepts no responsibility for viruses that may be transmitted to you via email, ftp, http or any other means of electronic transfer. Website HOSTel does provide some virus scanning on its servers. We are monitoring for viruses that could affect our Linux servers, and not viruses that could affect other operating systems like Windows. Therefore, we cannot prevent the transmission of viruses to your computer system via the Internet. It is the responsibility of the client to ensure they have Virus Software and that it is updated regularly.

10. CGI Scripts Policy:

Each account comes with its own CGI-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effect normal server operation or service to other Website HOSTel customers. For the protection of all our customers, we also reserve the right to discontinue service to those customers who continue to run scripts that effect normal server operation. No chat rooms or similar scripts allowed.

11. Traffic Policy:

Website HOSTel imposes very generous traffic limits that most sites never reach, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Website HOSTel customers are discouraged from storing any files that cause excessive traffic on Website HOSTel servers. Please contact Website HOSTel Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to charge additional fees for sites that exceed our generous traffic limits. Sites that exceed their traffic limits will be suspended without prior notification if they do not purchase add-on traffic packages.

12. Backups

Full backups are created nightly by using our unique backup system that copies only the changed parts of the files to create a full backup of the then current data. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and any information on their account including but not limited to clients website, email, databases, mailing lists, and archives. The "Archive Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Website HOSTel, we will attempt to recover the data at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Website HOSTel will attempt to recover the data from archive for a $50.00 fee.

13. IP Address

If Website HOSTel assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the Website HOSTel services, the right to use that Internet Protocol address will remain with and belong only to Website HOSTel, and the Account Holder will have no right to use that Internet Protocol address except as allowed by Website HOSTel in its sole and absolute discretion.

14. Sale of Advertising

If the Account Holder sells or resells advertising or webspace to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. Website HOSTel has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Website HOSTel "Acceptable Use Policy". The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by Website HOSTel, Website HOSTel may terminate the services being provided to the Account Holder, without refund.

15. Telephone Support

Client agrees to use the Support Center located at http://support.websitehostel.com for technical support issues. Website HOSTel does, however, offer telephone support to clients. Client agrees not to abuse this resource. Website HOSTel shall have sole authority to determine violations of this policy.

16. Limitation of Liability

Website HOSTel will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Website HOSTel be liable to the Account Holder for any damages resulting from or related to any failure or delay of Website HOSTel in providing access to the Internet under this Agreement. In no event shall Website HOSTel be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Website HOSTel under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.

17. Account Holder Responsibility

This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Website HOSTel account may not be transferred without prior written approval from Website HOSTel. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the Website HOSTel services, including any damages resulting therefrom, until the Account Holder notifies Website HOSTel's customer service.

18. Entire Agreement

This Agreement constitutes the entire agreement between the Account Holder and Website HOSTel with respect to the Website HOSTel services and supersedes all prior agreements between the Account Holder and Website HOSTel. Website HOSTel's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.

19. Dispute Resolution

The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in San Diego, CA. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

20. Indemnification

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all Website HOSTel services and facilities at your own risk. Website HOSTel specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Website HOSTel be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Website HOSTel harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Website HOSTel, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Website HOSTel against liabilities arising out of;

1. any injury to person or property caused by any products sold or otherwise distributed in connection with Website HOSTel’s server;
2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright infringement and
4. any defective products sold to customer from Website HOSTel’s server.

Website HOSTel shall be the sole judge of what violates this Policy.

21. Use of Account Holder's Name

Website HOSTel may include the Account Holder's name and contact information in directories of Website HOSTel service subscribers for the purpose promoting the use of the services by additional potential clients. However, Website HOSTel is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.

22. Successors and Assigns

This Agreement shall be binding on the parties, and on their successors and assigns, without regard to whether it is expressly acknowledged in any instrument of succession or assignment.

23. Payment Policy and Fees

By signing up for hosting with Website HOSTel, you are agreeing that your hosting account will be automatically renewed, and your credit card will be charged (if you are paying by credit card). Payment is due each anniversary (one month, three months, six months, one year, or two years) following the date the account was established. Your credit card/e-check will be automatically charged on your anniversary (if you are paying by credit card/e-check) unless a cancellation request is submitted by using the cancellation form. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Additional features can be added at any time. Monthly feature prices are not prorated. Website HOSTel reserves the right to change prices or plans at any time. NOTE: Website HOSTel charges a $25.00 fee for returned checks as well as charge backs. For international customers: check or money order funds must be drawn in US dollars.

Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

We may modify any of the terms and conditions contained in this Acceptable Use Policy, at any time and in our sole discretion, by posting a change notice or a new agreement on our website.