APPEARANCE STRATEGY (referred to hereinafter as HOST) Terms, Conditions and Use Policy Applicable to the provision of Internet services by HOST

1. Services Provided

   HOST provides Web Hosting which entails the rental of space to its customers on servers allowing them to store data files etc the provision of tools to maintain their site and email accounts.

2. Use of Services

   The services provided by HOST shall not be used in any manner or form by any of its customers to provide services for any unlawful illegal or immoral purpose such as:

   1. the infringement of Federal or state copyright laws
   2. the violation of any other Federal, state, or city law(s)
   3. fraud, money laundering, drug dealing or trafficking, and/or prostitution
   4. pornography or other types of material which threatens to cause, causes, or allows violence, bodily harm, and/or damage to others or their property
   5. the breach or contravention of any of the generally accepted rules, regulations, and/or conventions regarding the use of the internet or world wide web
   6. carrying out, encouraging, or in any manner engaging in email spamming, mail-bombing, spoofing, trolling, hacking, subscribing some third party to a mailing list without that persons permission, newsgroup flooding
   7. posting information that is defamatory or infringes or violates anothers rights
   8. promoting and/or distributing viruses
   9. spawning unnecessary unwarranted processes
   10. posting adverts on any chat room
   11. actual or likely abuse misuse or overuse of any of the system resources.

   In the event that any customer engages in or permits knowingly or otherwise or uses HOST'S servers as the source intermediary or destination address for spamming, bulk e-mail, hacking or use of warez, HOST reserves to itself the right without prior notice to the customer to impose a penalty of $500 on the offending customer whose account will be forthwith terminated. No leniency will be shown by HOST in respect to the above.

   Each customer accepts and agrees that the list above is not exhaustive. That HOST is the final and sole arbiter of what constitutes a breach or violation of any of its services and that each customer indemnifies and holds harmless HOST, its employees, servants, agents and the like from any and all costs, claims, expenses, damages, or lawsuits which may arise or be suffered by anyone from the provision of services by HOST used by the customer. The customer acknowledges and agrees that there are limitations to the hardware/system of HOST and accordingly if any customer uses more than 10% of the system resources or if 30% or more of a customer's site's monthly traffic is from file downloads or if any such customer for whatever reason such as archival storage of data and CGI scripts causes the hardware/system of HOST to malfunction or perform slowly, poorly or to experience other problems, HOST reserves to itself the right in its sole discretion to take whatever steps are necessary to ensure that the system operates at an efficient level and that the other customers of HOST receive a reliable and stable service and are not adversely affected by a particular customer.

3. Termination of use of services

   In the event that the customer

   1. is, in the sole judgment of HOST, in breach of these terms and conditions
   2. fails, refuses or neglects to make payment on due date to HOST for any charges due by the customer to HOST
   3. has bankruptcy or insolvency proceedings instituted against it files or petitions for insolvency or bankruptcy or assigns all or any part of its assets to or for the benefit of its creditors

   then on the happening or occurrence of any or all the above events HOST may at its discretion forthwith and without prior notice to the customer terminate the customers account and thereupon all content and files in the account shall be deleted without liability for compensation refund of the agreed package/account monthly payment or otherwise for any loss damages which the customer may as a result of such termination suffer. HOST shall be fully entitled to recover all money owed to it from the customer as of the date of termination notwithstanding termination due as a result of any of the above causes. Non-enforcement by way of termination of any breach or violation shall not constitute acceptance or consent by HOST to such breach or violation.

4. Disclaimer

   Notwithstanding the generality of the foregoing or anything else herein contained HOST makes no warranties whatsoever express or implied concerning the provision of its services and this includes warranties of merchantability or fitness for a particular purpose. HOST cannot and does not warrant or guarantee that it will provide a continuous service or that the service will not be disrupted or that there will be no interruption or delay or that its service will be provided at any particular time. Consequently HOST expressly disclaims all and any liability or responsibility in respect of claims, loss, loss of data, and damages of any kind (including direct, incidental, consequential or special) suffered by or made against the customer arising out of the use or non-provision of services whether or not HOST is or was at fault or negligent.

5. 30 Day Money-Back Guarantee & Payment

   The customer shall be entitled for a period of 30 days from the date its account is setup, ie. once the customer has been sent an e-mail confirming the account has been setup on HOST'S servers, to a full refund of any money paid by it to HOST or its agents provided written notification from the customer canceling the account and requesting a refund that has been received by HOST during such period. Any notification received outside the 30 day time period will not under any circumstances qualify for a refund. If, therefore, notice is not received within the 30 day period it shall be presumed that the customer has accepted these terms and conditions in full and is satisfied with the service provided. Where applicable, setup fees will not be refunded. Dedicated Servers fees are excluded from the 30 Day Money-Back Guarantee.

   The first payment due by the customer shall be on the date the customer completes an order form and submits it where appropriate with its credit card/bank account details to HOST. All payments shall be in advance for such sum or sums and on a recurring monthly basis in accordance with the package or packages taken/ordered by the customer. In the event that additional services outside the ambit of the agreed package/s are used by the customer, payment for such services shall be on the same basis. Where an order for a hosting package is placed during the course of a month the appropriate fee may be apportioned for that particular month but there will be no apportionments for or in respect of any other orders. If a customer's account is terminated or cancelled by either the customer or HOST the customer shall not be entitled to a refund of any monies paid in advance for the month during which termination or cancellation takes place. Monies paid to activate or register a Domain name are not subject to the 30 day money back guarantee and are non refundable. If HOST is compelled by any party, either temporarily or permanently to refund any monies for any service including but not limited to domain registration or hosting, HOST reserves the right to take ownership of any domain name(s) or hosting space or any other service or property previously considered purchased, leased or rented. HOST reserves the right to continue ownership of any seized domain name(s) as a result of being forced by any party, either temporarily or permanently to refund any monies, whether or not the outcome of such a refund is in HOST'S favor.

6. General
   
   
   1. The customer agrees to use its best endeavors to protect its password and username and not to divulge or disclose to third parties or make use of for its own purpose or advantage any information of whatsoever kind obtained through the use of the services provided by HOST which information is confidential to HOST or its other customers and for which no permission for such use has been given.
   2. HOST carries out a daily backup of its servers. These are made for sole purpose of the restoration of HOST'S servers in the event of a failure. Accordingly the customer agrees and acknowledges that the customer is solely and completely responsible, without any liability on the part of HOST, to maintain local copies of all the customer's data and files that constitute or make up the customer's web site.
   3. The customer agrees in using the services provided by HOST to use in a diligent and proper manner its own computer hardware and software so that no harm or damage will be caused to any computer component system resource or customer of HOST.
   4. The customer agrees to defend, indemnify and hold harmless HOST against any claims, costs, demands made against or losses suffered by HOST as a result of HOST hosting the customer's web site.
   5. In using the services of HOST, no consumer agreement, partnership, joint venture, or the like is made or arises between the customer and HOST, nor has the customer the authority, implied or expressed, to represent or contract on behalf of HOST. The customer fully agrees that the laws of the State of New Jersey shall apply in connection with any legal proceedings arising out of these terms and conditions which may be instituted by or against HOST
   6. HOST reserves to itself the right at its discretion to amend or alter these terms and conditions without prior notice to its customers and to determine what is or constitutes a violation of these terms and conditions
   7. The Customer agrees that whenever the Customer places an order through HOST's website or by email or by any other means for any of the services of HOST or for the registering of domain names for and on behalf of the customer by HOST and payment is to be made by credit card, HOST is on receipt of such order irrevocably authorized to claim and receive payment for its services or for registering domain names from the Credit Card Issuer using the credit card details sent with that or any subsequent order or the details of any replacement card subsequently furnished to HOST.
   8. All hardware and software resources including IP addresses, copyright, technology design and implementation in providing services to the customer shall remain the property of HOST who reserves the right at its discretion to amend, alter, substitute, or replace at any time without notice to its customers.