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Terms Of Service (TOS)

1. This agreement is between MountainHost.net and the party as specified in the sign-up information.
2. HOSTING Services only. This agreement covers HOSTING services only. Not covered by this agreement are hardware, communication lines, web design services, software development services and/or software licenses.
3. Price change. MountainHost.net has the right to change the price of the services at any time with 30 days notice.
4. Start of services. The Services will be activated usually the same or next working day provided that the client has everything needed to be on the Internet.
5. Quality of Services. MountainHost.net will make the best efforts to provide quality and uninterrupted services, although as with any website, downtime can be expected.
6. Fees. client agrees to pay a monthly fee, any non standard item fees (optional add-ons). Payment for services is due upon sign up. MountainHost.net will present a fee schedule to client before sign up.
7. MountainHost.net does not supply technical support, but will supply tools for the client to ask for help. Due to the low pricing we offer on our services, we opted out of customer support. Technical issues regarding the website or your hosting will be answered using a ticket system.
8. Domain name registration is not provided, client should secure a domain name before entering into an agreement with MountainHost.net.
9. Services will be terminated 14 days after non-payment of any fees outstanding, our automated billing software will inform you in advance when payment is due. If service is terminated for any reason by MountainHost.net, we are not responsible for lose of data incured from termination, termination meaning your account will be removed and in that process so will any data on our systems.
10. Billing information updates. client agrees to provide to MountainHost.net any changes to the billing information promptly. Billing information includes but is not limited to credit card info, address, phone, checking account info, e-mail address changes.
11. Policies. client agrees to comply strictly with MountainHost.net "Acceptable use policy". client understands that services are subject to immediate termination without compensation for non-compliance with the policies. Furthermore, client will be responsible for the full amount of any tangible and intangible damages such non-compliance may cause. MountainHost.net reserves the right to change the policies to reflect the dynamic nature of the InternetIndemnification. client shall indemnify, defend by counsel reasonably accepted by MountainHost.net, protect and hold MountainHost.net harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the web hosting and any other services provided by MountainHost.net to the client.
12. Account sharing. client agrees to keep his account information confident. MountainHost.net shall not be responsible for lack of privacy or any other consequences of account sharing. Sharing of any account types is not allowed. MountainHost.net will cancel without any compensation any account used by more than one user at one time.
13. Right of refusal. MountainHost.net has the right to refuse services to anyone .
14. No solicitation. Client agrees not to use any of our services for any illegal activities, including but not limited to, spam, hate mail, scams, illegal dealing, illegal trading, abuse, illegal images, pirate software (warez), religious wars, transfer of viral software, hacking, slander or racial comments.
15. LIMITED LIABILITY. PROVIDER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. FURTHER, PROVIDER WILL NOT CENSOR ANY CONTENT ON THE INTERNET. IT WILL BE THE CLIENT'S RESPONSIBILITY FOR THE USAGE OF HIS ACCOUNT AND ANY CONSEQUENCES OF THIS USAGE .
16. No returns. MountainHost.net will not return collected fees for services except for the 30 day money back guarantee as outlined below.
17. 30 days money back guarantee. MountainHost.net will refund all fees collected for shared hosting services only within 30 days from the initial subscription date only if the client is not completely satisfied with the service. This does not include any additional add on services such as domain name registrations, static IP, SSL certificates, web design, dedicated servers, managed services, etc.
18. Cut off period for billing errors. 30 days cut off period is set for billing error claims. client agrees that he has no rights to claim any billing errors for period earlier than 30 days from the date of the claim. All bills are final after 30 days.
19. Terms. client can terminate the services with advance notice in writing only to the billing department by e-mail. client understands that there will be no reimbursement and no pro-rate if he decides to terminate the services before the end of a prepaid term, regardless of the reason for the termination. MountainHost.net can terminate this agreement at the end of a billing period, with a 30 days notice. MountainHost.net can terminate the agreement immediately without any compensation if the client does not comply with the "Acceptable use policy" available on-line at this address. Credit card, paypal accounts will be automatically renewed unless notified prior to expiration date of service.
20. Entire Agreement. This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.
21. Modification. This Agreement shall not be modified, amended, canceled or in any way altered, nor may it be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by both of the parties hereto.
22. Waiver. Performance of any obligation required of a party there-under may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement.
23. Separability. If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed separable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms.
24. Governing Law. This Agreement was entered into in the State of West Virginia and its validity, construction, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of West Virginia applicable to contracts entered into and performed entirely within the State of West Virginia.
25. Authority to Execute. Each of the parties to this Agreement represents and warrants that it has full power to enter into this Agreement and that it hasn't assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this Agreement.
26. Benefit of Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and except as otherwise provided herein, their respective legal successors and permitted assigns.
27. Cumulative Remedies. Except as specifically provided herein, no remedy made available to either party hereunder is intended to be exclusive of any other remedy provided hereunder or available at law or in equity.
28. No Partnership or Agency. Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between the parties, nor shall either party have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party hereto, it being understood that the parties are independent contractors with no tie's to one another.
29. No Third Party Beneficiaries. Nothing contained in this Agreement, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.
30. Excused Performances. Provider shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond Provider's reasonable control. In the event of any such delay or failure, the parties shall defer performance of the Services to a date and time mutually agreeable.
31. Captions. The section headings and captions contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this Agreement.
32. Gender. Where the context so requires, the masculine gender shall include the feminine or neuter, and the singular shall include the plural and the plural the singular.
33. Recital's. The recitals above set forth are incorporated herein by reference.
34. Arbitration. Any dispute arising under this agreement shall be resolved by binding arbitration in the city of Charleston and under the rules of the American Arbitration Association.