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Web Hosting Terms of Service

HostManager, a DBA of BitRadius, LLC, based at PO Box 493, Fremont, Ohio 43420, ("HM") agrees to provide our clients ("the client") with those services ("Service") set forth below.

  1. Warranty Disclaimer
    1. THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLED.
    2. HM exercises no control whatsoever over the content of the information passing through HM's system with the exception of spam and virus filtering. Use of any infomration obtained via HM is at the client's risk. Neither HM nor any of its affiliates, its licensers, its contractors or their respective emploees warrants that the Service will be uninterrupted, error free; nor does HM may any warranty as to the results from use of the Service.
    3. THE SERVICE IS PROVIED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLED, INCLUDING BUT NOT LIIMITED TO WARRANTIES OF TITLE, NO INFRINGEMENT, IMPLED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVE BY HM, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCEL BOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
  2. Limitation of Liability
    1. UNDER NO CIRUMSTANCES SHALL HM, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM THE CLIENT'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR THE CLIENT'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF THE CLIENT'S ACCOUNT, WHETHER FOR breach OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT HM IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, HM'S LIABILITY SHALL BE LIMITED OT THE UNUSED BALANCE OF THE CLIENT'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
    2. If the client is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of HM in operating the Service, the client's sole and exclusive remedy is to discontinue using the service.
  3. Indeminifcation
    1. Notwithstanding anything to the contrary herein contained, the client agrees to indemnify and hold HM, its affiliates, its licensers, its contractrs or their respective employees harmless against any and all liability, loss, claim, judgement, damanage and expense including without limitation attorney's fees and cost of litigation incurred or suffered by HM, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of the client's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by the client, including but not limited to cliams, liabilites, losses, damage, judgement and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. The client shall promptly notify HM in writing of any claim of which it is obligated under this indemnity. The client shall have the right to assume the defense of any such claim. The client and HM shall confer as to and agree on the legal counsel(s) to be selected in any such defense.
  4. Prohibited Uses
    1. The client may not:
      1. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
      2. Post on web space provided any sexually explicit materials or materials that may be offensive;
      3. Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component;
      4. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
      5. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with resepect thereto, without obtaining permission of the copyright owner or right holder;
      6. Upload, post, publish, transmit, reproduce, or distribute in any way any component of the Service itself or derivative works with respect thereto;
      7. Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity;
      8. Violate any of the rules, regulations and policies of those networks and computer systems accessed via the client's account.
  5. Backup Policy
    1. HM does not and will not perform system backups of user information unless a selected service plan explicitly includes such services. HM shall not be held responsible for any lost data, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, HM will not provide historical data, to any party for any reason, regarding any system or Internet activity unless ordered by a court of law.
    2. In the event that HM is contracted for backup service(s), the client understands that the backup services provided are for the client's convenience and may be limited by factors such as (a) available backup storage space, (b) configured retention policies (ex. maximum of 30-days worth of data and/or 10 revisions of a single file), (c) single file size, (d) or other backup configuration options that the user has the access to change at will including which files and folder(s) are included in the backup process.
    3. In any event, HM does not guarantee the ability for the client to restore lost data at any time; therefore, the client will take appropriate steps on their own behalf to retain additional backup copies of their data. HM will not be held responsible for an loss incurred by the client as a result of any data loss on HM's system(s).
  6. Service Monitoring
    1. HM has no obligation to monitor the Service. However, the client agrees that HM has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satify any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. HM will not intentionally monitor or disclose any private E-Mail message unless required by law. HM reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. HM reserves the right to suspend access to the Service for the client's account. THe accounts suspension may be recinded within the sole and absolute discretion of HM following payment of a reconnection charge, to be determined by HM in its sole and absolute discretion.
  7. Transmission of Unsolicited Commercial Email (SPAM)
    1. The client's use of HM's services are restricted from using any of our Services or Resources for the purpose of transmitting unsolicited or promotional material including but not limited to, any material which can be commonly referred to as SPAM. The violation of thise restriction will result in a ten dollar ($10.00) penalty for each email address to which the message was sent.
  8. Failure to Comply With Terms and Conditions
    1. HM may deny the client access to all or part of the Service without notice if the client engages in any conduct or activities that HM, in its sole discretion, believes violates any of the terms and conditions in this Agreement. If HM Denies the client access to the Service because of such a violation, the client shall not have the right (1) to access through HM any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to the client, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the INternet through HM, and HM shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
  9. Fraudulent Content
    1. The client agrees to be held responsible for the distribution of any materials delivered by the client's account.
  10. Currency
    1. The client and HM agree that all funds transferred between the client and HM will be in the form of U.S. Dillars via: a check drawn in U.S. funds on a U.S. bank, money order, or a certified check drawn in U.S. funds on a U.S. bank.
    2. HM further agrees to accept credit cards for payment on acounts; however, any currency conversion fees for charges charged in U.S. funds are the responsibility of the client.
  11. Miscellaneous
    1. The client agrees to notify HM if the client moves or otherwise changes its mailing address or phone number, and to list a truthful name, postal address, and telephone number on the forms the client supplies HM.
    2. In the event HM is compelled to supply information regarding the client's account to a third party, either through government or court order, HM will notifiy the client and allow twenty-four (24) hours for the client to address, respond to, or block such an order through normal legal means. After which time, HM will turn over the requested information, if available, to the requesting party unless the order has been rescinded.
    3. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall 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 shall remain in full force and effect.
    4. HM's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiverof any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
    5. HM may modify this Agreement from time to time by placing a notice of such modification on our website, and the client's continued use of the Service following notice of such a modification shall be deemed to be the client's acceptance of any such modification. It is the client's responsibility to check this online area regularly to determine whether this Agreement has been modified. If the client does not agree to any modification of this Agreement, the client must immediately stop using the Service.
    6. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio without regard to its conflicts of law provisions. ANy cause of action the client may have with respect to the Service must be commenced within thirty (30) days after the claim or cause of action arises or such claim or cause of action is barred.
    7. HM shall not be liable or deemed to be in default for any delay or failure in perfomance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbance, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the resonable control of HM.
    8. Veneue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming HM as the defendant, shall be proper only in a venue determined by HM.
    9. In any action between HM and the client to enforce any of the terms of this Agreement, HM shall be entitled to recover expenses including reasonable attorney's fees.

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