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TERMS OF SERVICE (“TOS” for HOSTING AND DOMAIN RELATED SERVICES)

CloudSpiffy Legal and Terms Our Apps Terms of Service

OneSpiffy general policy is to act as a neutral provider of access to the global Internet.

OneSpiffy reserves the right to suspend or cancel a customer’s (referred to as “Subscriber” or “Subscribers” or “Customer” or “Customers”) access to any or all services provided by OneSpiffy when OneSpiffy decides that the account has been used inappropriately.

OneSpiffy (referred to as “The Company” or “OneSpiffy (TM)” or “OneSpiffy”) agrees to furnish hosting and domain related services to the Subscriber, subject but not limited to the following TOS (“Terms of Service”).

Use of Service constitutes acceptance and agreement to OneSpiffy’s Acceptable Use Policy (“AUP”) as well as OneSpiffy’s Terms of Service (“TOS”), OneSpiffy’s Terms of Use (“TOU”) and related agreements and policies.

All provisions of this contract are subject to the TOS (“Terms of Service”) of OneSpiffy , AUP (“Acceptable Use Policy”) and TOU (“Terms of Use”). The AUP, TOS, TOU and related agreements and policies may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP, TOS, TOU and related agreements and policies by the Company shall not be grounds for early contract termination or non-payment.

1. Disclosure

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition shall have the right to terminate all service set forth in this Agreement.

2. Service Rates

Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

3. Payment

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service. Subscriber agrees that The Company automatically charges subscriber`s credit card during each recurrent. The Company reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date.

4. Payments and Fees

Service will be interrupted on accounts that reach 7 days past due. Accounts not paid by due date are subject to suspension from OneSpiffy’s services. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

5. Refund and Disputes

Payments to OneSpiffy are non-refundable.

6. Failure to Pay

The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due.

7. Account Cancellation

All requests for canceling accounts must be made via OneSpiffy’s Billing System or by making a request via our Ticket Center.

8. Service Interruptions

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss or injury.

9. Support Boundaries

OneSpiffy provides support to our subscribers. OneSpiffy only ensures that domain and hosting relates service is online and is remotely accessible. OneSpiffy does not offer technical support for application specific issues such as CGI programming, PHP, HTML or any other such issue. We encourage you to use our Ticket System on our web site.

10. Unsolicited Commercial Email (“UCE” or “SPAM”)

OneSpiffy takes a zero tolerance approach to the sending of Unsolicited Commercial Email (referred to as “SPAM” or “UCE”) over our network. Very simply this means that customers may not use or permit others to use our network to transact in UCE. Customers may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

a. Violations due to the practice or UCE will result in severe penalties. Upon notification of an alleged violation of our UCE policy, will initiate an immediate investigation (within 48 hours of notification). During the investigation, we may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our UCE policy, OneSpiffy may, at its sole discretion, restrict, suspend or terminate customer’s account.

b. OneSpiffy further, reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The Company will notify law enforcement officials if the violation is believed to be a criminal offense.

c. As our Customers are ultimately responsible for the actions of their clients over the network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

11. Network

a. IP Address Ownership

If OneSpiffy assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to OneSpiffy, and Customer shall have no right to use that Internet Protocol address except as permitted by in its sole discretion in connection with the Services, during the term of this Agreement OneSpiffy shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by , and reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

b. Bandwidth Usage:

OneSpiffy will monitor Customer’s bandwidth. OneSpiffy shall have the right to take corrective action if Customer’s usage negatively impacts other clients.

c. System and Network Security

Users are prohibited from violating or attempting to violate the security of the Network. Violations of system or network security may result in civil or criminal liability. OneSpiffy will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.

iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

v. Taking any action in order to obtain services to which such User is not entitled.

12. Notification of Violation

OneSpiffy is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

a. First violation

Any User, which determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at OneSpiffy’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.

b. Second Violation

Users that have been determined to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

13. Suspension of Service or Cancellation

OneSpiffy reserves the right to suspend network access to any customer if in the judgment of the network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which OneSpiffy chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.

14. Amendments to Policies

OneSpiffy reserves the right to amend its policies at any time. All Networks, Sub-Networks, Network Accounts, Managed and Unmanaged servers of OneSpiffy must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

15. Indemnification

OneSpiffy wishes to emphasize that in agreeing to the OneSpiffy Acceptable Use Policy (“AUP”), Terms of Service (“TOS”) and Terms of Use (“TOU”), you as the customer indemnifies OneSpiffy for any violation of the Acceptable Use Policy (“AUP”), Terms of Service (“TOS”) and Terms of Use (“TOU”) that results in loss to OneSpiffy or the bringing of any claim against OneSpiffy by any third-party. This means that if OneSpiffy is sued because of a customer’s or a customer of a customer’s activity or a customer’s employee/s or a customer’s contractor/s or a customer’s consultant/s, the customer will pay any damages awarded against OneSpiffy, plus all costs and attorney’s fees.

16. Nature of Service

Customer acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, subscriber agrees that the OneSpiffy shall not be liable for any damages arising from such loss of service for any reason. In no event shall the company be liable for any special or consequential damages, loss or injury.

17. Miscellaneous Provisions

a. You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

b. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

c. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. OneSpiffy may assign this Agreement at anytime without consent from or notice to Subscriber. OneSpiffy reserves right to cancel customers rights under this contract at anytime without further obligation.

d. OneSpiffy takes no responsibility for any material input by others and not posted to the OneSpiffy Network by OneSpiffy.

e. OneSpiffy is not responsible for the content of any other websites linked to the OneSpiffy Network; links are provided as Internet navigation tools only. OneSpiffy disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.

f. OneSpiffy is not responsible for any damages your business may suffer.

g. OneSpiffy does not make implied or written warranties for any of our services.

h. OneSpiffy denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by OneSpiffy.

18. Responsibility for Content

You, as a customer of OneSpiffy’s domain and hosting related services, are solely responsible for the content stored on and served by your OneSpiffy Network Account and/or Server.

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