This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, Web design, ecommerce and other Internet-related services provided by HostVertex, (the "Services").  As used in this Agreement, "HostVertex" means HostVertex.com and "Client", "you", or "your" means you.  By clicking on the "Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on HostVertex.com. As referred to in this Agreement, "Site" refers to a World Wide Web site and "HostVertex" refers to the Site located at the URL http://www.HostVertex.com, or any other successor sites owned or maintained by HostVertex.

1.  APPROPRIATE USE OF THE SERVICES

HostVertex provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

I.  Client Content.  Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client or through Client by a third party to any HostVertex connection with Client's use of the Services which:

II.  Bandwidth.  Client may occupy only the amount of disk space allocated to them, and utilize no more than the network bandwidth that is allotted by the plan in which the user has chosen. Additional fees, specified in the "add-on" page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.

III.  No "SPAM".  Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices, or otherwise, that mentions or reference any domain hosted by HostVertex servers.  If an account is found to be spamming, it will immediately be terminated and will forego all refund privileges.

NOTE:  This policy applies to all virtual server accounts, resellers and their resold accounts, dedicated server customers, and all domains, name servers and parked domains hosted on the server.

IV.  Licensed Software Only.  Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

V.  Back-Up Files.  Client will have the ability to reinstate files which are automatically archived by HostVertex; however, HostVertex does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services.

VI.  Termination.  HostVertex reserves the right to refuse service to anyone.  HostVertex, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact abuse@hostvertex.com.

2.  PAYMENT OBLIGATIONS

Service Fees.  Each Client will pay on a monthly basis depending on the date ordered.  HostVertex shall either (i) debit Client's credit card (where such information is provided by Client) on this date or (ii) deliver by email an invoice to Client in accordance with the applicable Services fees for services rendered for the current month (extras) and the next month after the current month. Where an invoice is delivered to Client, Client shall remit payment to HostVertex by no later than the specified payment due date which will determined by the dated entered into the agreement. HostVertex shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to HostVertex.  Certain services can carry a set-up fee charged by HostVertex to Client that must be paid by Client in order to have use of the Services.  If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to HostVertex and agrees to pay any and all fees incurred by Client.  Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination.  Thus, for example, if Client provides notice to terminate on the 15th day of Client's payment cycle, Client will still owe fees for the entire month and such fees will not be refunded.

The parties agree that in no event shall HostVertex be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement.  Client agrees to defend, indemnify and hold harmless HostVertex from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4.  Either party will have the right to terminate this Agreement upon notice to the other party.  If Client is terminating this Agreement, Client must follow instructions for cancellation provided on the Server Cancellation Information page.  The essence of this page states that Client must contact HostVertex to receive cancellation approval, which Client shall retain as proof of termination, and all cancellation requests must be received by the twenty-fifth (25th) day of Client's payment cycle of the respective month of cancellation.  Any other attempt by Client to cancel this Agreement by written or email notice shall be void.  Sections 3 - 8 shall survive termination or expiration of this Agreement.

If Client terminates its account, Client shall be allowed to re-instate Client's use of the Services within five (5) business days of cancellation.  Client shall pay a fee of fifty dollars ($50) prior to any re-instatement of Client's account.  Once payment has been received, Client's account will be activated within forty-eight (48) business hours. HostVertex will maintain an archival copy of Client's Web site for five (5) days after HostVertex receives notice of cancellation.  Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.

Client will pay and indemnify and hold HostVertex harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

6. DISCLAIMER OF WARRANTY

The service, the HostVertex site, including without limitation, all products and services displayed or offered on the HostVertex site, and all text, graphics, links and applications are provided to client on an "as is" basis and without warranty of any kind.  HostVertex disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing without limiting the generality of the foregoing, Hostvertex specifically disclaims any warranty that (1) the services will be interrupted or error-free; (2) defects will be corrected; (3) there are no viruses or other harmful components; and (4) the security methods employed will be sufficient.

7. LIMITATION OF LIABILITY

In no even shall HostVertex be liable for damages resulting from loss of data, profits, use of the HostVertex site or any HostVertex products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or connection with any products or services provided hereunder.  In no event shall HostVertex's cumulative liability exceed an amount greater than two hundred dollars ($200 US).