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Terms of Service

No Support VPS Hosting's Terms Of Service

No Support VPS Hosting provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of No Support VPS Hosting are subject to the following terms of service:

No Support VPS Hosting is a subsidiary of Web Hosting Umbrella, LLC. You must agree to the Web Hosting Umbrella, LLC. User Agreement for all websites that you host through No Support VPS Hosting.


WEB HOSTING UMBRELLA, LLC. USER AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE 'ORDER' BUTTON ON THE ORDER FORM REFERENCED HEREIN, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING WHU'S PRIVACY POLICY & ACCEPTABLE USAGE POLICY. YOUR USE OF THE SERVICES ALSO CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

1. Introduction

This User Agreement ('Agreement') is an agreement between Web Hosting Umbrella, LLC. (WHU) an Iowa Limited Liability Company, and the party set forth in the related order form (Customer) attached hereto and hereby incorporated by reference (together with any subsequent order forms submitted by Customer, the 'Order Form'), and applies to the purchase of all services (collectively, the 'Services') ordered by Customer on the Order Form or through any other channels WHU provides to order and upgrade service. Such party is referred to in this Agreement as 'Customer' or 'you' or 'User'. WHU reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by WHU. Activation of the Services shall indicate WHU's acceptance of this Agreement. Subject to the terms and conditions of this Agreement, WHU will provide to Customer the Services selected by Customer set forth on the Order Form. WHU reserves the right to refuse service to anyone. Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.

2. Amendment of Agreement.

WHU may amend or otherwise modify this Agreement. Customer agrees that WHU's posting of any amendments or modifications to this website (http://nosupportvpshosting.com/terms.php) shall constitute adequate notice to Customer and that Customer shall periodically consult this web page for any changes or amendments to this Agreement. WHU may, but is under no obligation to, provide additional notice of any amendment, modification or update of this Agreement via e-mail to Customer. If any material modification to this Agreement is unacceptable to Customer it shall be Customer's responsibility to terminate their subscription as provided in Section 3 of this Agreement. If Customer does not terminate the Agreement within 10 days of the material modification then Customer's continued use will mean that Customer has accepted the amended or modified Agreement.

3. Duration of Agreement, Continuity, and Cancellation Policy.

3.1 - Customer agrees to pay WHU either monthly or annually using PayPal.

3.2 - The Customer may terminate the account at any time for any reason by using the Account Cancellation option in the Client Area (http://nosupportvpshosting.com/clientarea.php). The Customer agrees that this is the only accepted way to terminate the account. All payments made by the Customer to WHU are considered permanent. WHU will not offer a refund under any circumstances. If the Customer decides to terminate the hosting contract, all billing credits in the Customer's account are forfeited.

3.3 - WHU may also terminate this agreement in its sole discretion at any time for any or no reason, by giving Customer seventy two hours notice to the email address customer keeps on file with WHU. In the event of WHU executing such termination, WHU is under no liability to the Customer and WHU will return remaining billing credits to the Customer.

3.4 - WHU reserves the right to terminate the Services, if Customer's usage of the Services results in, or is the subject of, legal action or threatened legal action, against WHU or any of its affiliates, partners, owners, employees or agents, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. In the event of such termination, WHU is under no liability to the Customer and Customer forfeits all remaining billing credits.

3.5 - WHU reserves the right to terminate the Services, if Customer's usage of the Services results in performance, security, or reliability problems for other WHU customers. In the event of such termination, WHU is under no liability to the Customer and Customer forfeits all remaining billing credits.

3.6 - All sales are final. Any cancellation requests sent to or directed to WHU by email and/or regular mail shall be null and void. Customer agrees that Section 3.2 defines the only accepted method for terminating an account. Customer also agrees that any request for a refund shall be forfeited.

3.7 - WHU may terminate this Agreement, without penalty, if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, Terms of Service or regulatory reason, by giving User as much prior notice as reasonably practicable. In the event of such termination, WHU is under no liability to the Customer and Customer forfeits all remaining billing credits.

3.8 - WHU may terminate this Agreement, without penalty, immediately, if WHU determines that User's use of the Services, the Web site or the User Content violates any WHU term of service or User's use of the Services disrupts our network, WHU shall not refund to You any fees paid in advance of such cancellation.

4. Billing, Payment, and Additional Services.

4.1 - All fees for web hosting or other Services are due in advance and shall be in accordance with WHU's fee schedule, which is incorporated herein by reference and may be amended from time to time. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of WHU) shall be paid by Customer.

4.2 - Customer acknowledges and specifically agrees that chargeback's - which occur if Customer disputes WHU charges directly with Customer's credit card bank - are unlawful if WHU's service has been rendered. If Customer has a fee dispute with WHU, then the Customer has to settle such dispute with WHU directly without initiating any chargeback procedures.

4.3 - In the event of a default, Customer agrees to be responsible for all breach-off-contract fees, late fees, collection fees and expenses as well as reasonable attorneys fees and expenses.

5. Special Provisions Applicable to Resellers.

5.1 - WHU from time to time may offer reseller programs which will permit Customers to resell certain of WHU's products and services. If Customer chooses to resell WHU services Customer shall remain a WHU customer for all purposes under this agreement.

5.2 - Customer agrees that if they resell WHU Services, the purchaser of those resold services will become Customer's customer (a 'Reseller Customer'). A Reseller Customer shall not become a Customer of WHU, and WHU will not be required to provide and technical or other support to any Reseller Customer.

5.3 - Reseller agrees to take all necessary measures to preclude WHU from being made a party to any agreement with any Reseller Customer. Customer agrees and acknowledges that if they become a Reseller they will be authorized to resell WHU provided Services on a non-exclusive basis only.

5.4 - Customer's right to resell WHU services shall in no way preclude WHU from marketing and selling WHU's own products and services through its own employees, affiliates, other resellers or any other third party.

5.5 - WHU expressly reserves the right to allow other third parties to resell WHU services on any terms WHU may chose including terms which may be more favorable to said third parties then they are to WHU Reseller Customers.

5.6 - Reseller acknowledges that the non-payment by any customer of Reseller shall in no way relieve Reseller of any duty in this agreement include the duty to timely pay all fees. Reseller shall be solely responsible for all sales, use, transfer, privilege, excise or other taxes and duties which are levied or imposed on WHU and Reseller under this Agreement and any and all transactions between Reseller and Reseller Customers. Reseller shall be solely responsible for compliance with any regulations governing the export of the Services (or any portion thereof).

5.7 - Reseller shall not resell the Services under WHU's brand name accordingly nothing in this Agreement constitutes a license to Reseller to use or resell the Marks.

6. WHU as Reseller or Licensor.

6.1 - WHU is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ('Non-WHU Product'). WHU shall not be responsible for any changes in the Services that cause the Non-WHU Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services.

6.2 - Any malfunction or manufacturer's defects of Non-WHU Product either sold, licensed or provided by WHU to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of WHU's obligations under this Agreement.

6.3 - Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non-WHU Product are limited to those rights extended to Customer by the manufacturer of such Non-WHU Product. Customer is entitled to use any Non-WHU Product supplied by WHU only in connection with Customer's permitted use of the Services.

6.4 - Customer shall use its best efforts to protect and keep confidential all intellectual property provided by WHU to Customer through any Non-WHU Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export or re-export any Non-WHU Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.

7. IP Address Ownership.

During the course of providing Services to customer WHU may assign to Customer an Internet Protocol address. Customer agrees that it has no right to a particular IP address under this agreement and accordingly WHU shall retain ownership of any IP address or addresses used by Customer under this agreement and that WHU reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

8. Caching.

Customer expressly grants to WHU a license to cache Customer's Content including content supplied by third parties and hosted by WHU under this Agreement and Customer agrees to indemnify and hold harmless WHU for any infringement of any third party's intellectual property rights thereby affected from said caching.

9. Server Resources

9.1 - Customer agrees not to run any scripts, executables or other programs or processes on WHU's servers or other equipment that will in any way adversely affect the performance of said equipment.

9.2 - Any VPS that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which depend on the resource requirements), reduce the resources used to an acceptable level, or upgrade its service to a dedicated server plan. Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

9.3 - Any customer content that poses a potential security risk or is deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice.

9.4 - Customer understands that WHU will be considered the ultimate authority when judging what is considered acceptable use of server resources.

10. Bandwidth and Disk Usage.

10.1 - Customer agrees that WHU will monitor and meter Customer's daily bandwidth and disk usage and in the event that Customer exceeds the bandwidth or disk usage allocated to each hosting package on any given day WHU may take corrective action which may, at WHU's sole discretion, include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. All bandwidth is measured daily and monthly bandwidth allowances are divided by the calendar days of a given month to determine the daily bandwidth allowance.

10.2 - Customer agrees that in the event of a dispute WHU's monitoring reports shall be the final method of determination how much disk space and bandwidth was used and agrees to pay the excess usage charges when due. Customer's logs files are counted against any disk usage.

10.3 - Customer agrees to allow WHU to rate limit the connection speed. Customer understands that the Customer's VPS will not be allowed full acccess to all of the network resources of the physical server. WHU may change the network rate limiting at any time without any notice.

10.4 - Customer's VPS is allowed to use up to 8 CPU cores, but cannot max out multiple CPU cores on a persistent basis. WHU will disable any VPS that is hogging an excessive amount of CPU resources. Applications that require excessive CPU resources are not permitted.

10.5 - Customer agrees not to abuse disk IO resources. WHU will disable any VPS using an excessive amount of disk IO.

10.6 - WHU will monitor User's bandwidth and disk usage. WHU, in its sole discretion, shall have the right to take any corrective action if User's bandwidth or disk usage exceeds the Agreed Usage or other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail services and/or other materials or termination of this Agreement, which actions may be taken in WHU's sole and absolute discretion. If WHU takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action.

10.7 - User will comply with all applicable laws, rules and regulations regarding User's Web site, User Content and/or User's electronic mail services and will each, including bandwidth, disk space and other resources only for lawful purposes. 10.8 - User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to anonymously proxy any traffic; the Services to export encryption software to points outside the United States in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If WHU learns or discovers that User is violating any law related to User's Web site, User Content and/or User's electronic mail services, use of bandwidth, disk usage or Agreed Usage, WHU may be obligated to inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User's Web site, User Content and/or User's electronic mail.

10.9 - User is responsible for bandwidth utilization, and monitoring bandwidth use to ensure the VPS does not exceed the bandwidth allocated for the account(s) and otherwise complies with this Agreement. WHU will use commercially reasonable efforts to e-mail Users who are at or near their bandwidth utilization limits, but WHU does not take responsibility if e-mail notification(s) is not received by the User. WHU reserves the right to discontinue service through the beginning of the next month for Customer's account in the event that it exceeds the bandwidth allotment.

10.10 - If deemed necessary by WHU, WHU can choose to but is not obligated to allocate to you the full volume of storage space as described in WHU's web pages related to such Services. WHU does not guarantee that you will ever be able to utilize that full volume of disk space as described in WHU's web pages related to such Services or store that full volume of files described in WHU's web pages related to such Services.

11. Intellectual Property Rights.

Customer acknowledges that WHU owns all trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the Services and their provision. Customer further acknowledges and agrees that nothing in this Agreement shall constitute a license to Customer to resell or trade under any of WHU's intellectual property.

12. Web Site, E-Commerce and Customer Warranties.

12.1 - Customer shall assume sole responsibility for (a) acquiring any authorization(s) necessary for hypertext links to third party web sites, (b) the accuracy of materials on Customer Web Site(s), including, without limitation, Customer Content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (c) ensuring that the Client Content does not infringe or violate any right of any third party. Notwithstanding the foregoing, WHU reserves the right, in its sole discretion, to exclude or remove from the Web Site any hypertext links to third party web sites, any Customer Content on the Web Site, or other content not supplied by WHU which, in WHU's sole reasonable discretion, may violate or infringe any law or third party rights or which otherwise exposes or potentially exposes WHU to civil or criminal liability or public ridicule, provided that such right shall not place an obligation on WHU to monitor or exert editorial control over the Web Site. WHU shall in no way be responsible for Customer's conduct or actions including but not limited to Customer's handling of third party information such as credit card numbers and any liabilities incurred by Customer including but not limited to tax liabilities for the conduct of Customer's on-line business.

12.2 - Customer shall be solely responsible for the development, operation, backup, and maintenance of Customer's web site and any online store and e-commerce activities. WHU is not required to keep backups of customer sites or data at any time.

13. Disclaimer of Warranty.

Customer agrees that its use of Services and its reliance upon information provided by WHU are entirely at Customer's own risk. Customer acknowledges and agrees that WHU exercises no control over, and accepts no responsibility for, the content of data, scripts, or other information passing through WHU's host computers, network hubs and points of presence or the Internet.

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER WHU, ITS OWNERS, EMPLOYEES, AGENTS, OR AFFILIATES MAKES ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FOR THE SERVICES OR ANY EQUIPMENT PROVIDED IN CONJUNCTION THEREWITH. NEITHER WHU NOR ITS OWNERS, EMPLOYEES, AGENTS, OR AFFILIATES MAKES ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WHU IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY WHU. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY WHU EMPLOYEE, OWNER, OR AGENT WILL CREATE A WARRANTY; NOR MAY CUSTOMER OR ANY OF CUSTOMER'S OWNERS, EMPLOYEES, OR AGENTS RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.

14. Indemnification.

Customer agrees to indemnify, defend and hold harmless WHU and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an 'indemnified party' and, collectively, 'indemnified parties') from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer's use of the Services, any violation by Customer of this agreement, any breach of any representation, warranty or covenant of Customer contained in this Agreement or any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.

15. Limitation of Liability.

15.1 - Customer agrees neither WHU nor any of its employees, owners, or agents shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or otherwise unauthorized means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to WHU at the time) which may exist in the Services or WHU's equipment used to provide the Services.

15.2 - Under no circumstances, including negligence, shall WHU or any of its employees, owners, or agents be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, any Reseller Customer or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if WHU has been advised of the possibility of such damages. No WHU Person shall be liable to Customer, any of its customers, any Reseller Customer or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to WHU's records, programs, equipment or services.

15.3 - Notwithstanding anything to the contrary in this Agreement, WHU's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims regardless of the legal theory or the nature of the cause of action shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the twelve (12) month period prior to the date the cause of action arose or the injury or loss occurred.

15.4 - Customer understands, acknowledges and agrees that if WHU takes any corrective action under this Agreement because of an action of Customer or one its customers that corrective action may adversely affect other customers of Customer or other Reseller Customers, and Customer agrees that WHU shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by WHU.

15.5 - This limitation of liability reflects an informed and voluntary allocation of risks between the parties and applies to risks both know and unknown that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.

16. Prohibited Uses and Activities

WHU may immediately take corrective action, including removal of all or a portion of the Customer's content, disconnection or discontinuance of any Services if Customer, or anyone accessing Customer's account or server space, engages in any of the prohibited Uses or Activities set forth in Section 16 of this agreement. Customer hereby agrees that WHU shall have no liability to Customer or any of Customer's customers due to any corrective action that WHU may take (including, without limitation, disconnection of Services).

A. Violations of Intellectual Property Rights

Customer agrees that it shall not violate any intellectual property rights and that it shall not resell services to any party which violates intellectual property rights. Any violation of any individual or entity's intellectual property rights including, rights of privacy and rights of publicity are prohibited. WHU is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see 'Copyright Infringement Notice Information' below).

B. Spamming

Customer agrees not to send spam or resell its services to anyone who sends spam. The term 'spam' includes, but is not limited to, the sending of unsolicited bulk and/or commercial e-mail messages over the Internet or maintaining an open SMTP policy. In the event of a dispute WHU reserves the right to determine, in its sole and discretion, whether e-mail recipients were from an opt-in email list.

C. Misrepresentation of Transmission Information

Customer agrees not to forge, misrepresent, omit, or delete message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of any message or to resell services to anyone who engages in said conduct.

D. Viruses and Other Destructive Activities

Use of the Services for creating or sending malicious, destructive or nuisance code, examples of which include but are not limited to, viruses, worms and Trojan horses, or for pinging, flooding or mail-bombing, or engaging in denial of service attacks is prohibited and is a breach of this agreement. Customer also agrees not to engage in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment).

E. Malicious or Unauthorized Hacking

Customer agrees not conduct or promote any 'Hacking' activity and agrees that 'Hacking' as herein defined includes but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in malicious or unauthorized hacking or cracking. Any such activity on the part of Customer is a material breach of this Agreement.

D. Export Control Violations

The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited.

F. Child Pornography

The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. WHU will as required by law, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.

G. Other Illegal Activities

The use of the Services to engage in any activities that are determined by WHU, in its sole and absolute discretion, to be illegal or which in WHU's opinion are likely to be found to be illegal is prohibited. Such illegal or potentially illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, password and cracking information, fraudulently charging credit cards or displaying credit card information or other private information of third parties without their consent, and failure to comply with applicable on-line privacy laws. WHU will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.

H. Obscene, Defamatory, Abusive or Threatening Language

Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.

I. Other Prohibited Activities

Engaging in any activity that, in WHU's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, WHU's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of WHU's customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this Agreement. In addition, the failure by a Customer to cooperate with WHU in correcting or preventing violations of this Agreement by, or that result from the activity of, a customer of the Subscriber is a violation of this Agreement.

17. Copyright Notice Infringement Information

Pursuant to the Digital Millennium Copyright Act, WHU has adopted a policy that provides for suspension and possible termination of websites hosted by WHU that are found to infringe on copyrights of third parties. Customer expressly acknowledges that they are aware of this provision and Customer waives any claims it may have should it be injured or its business damaged in any form by the enforcement of this provision.

If a copyright holder believes that there has been a violation of their copyright on a website that is hosted by WHU and the copyright holder demands that WHU remove the website or disable the material in question, WHU will remove the website or disable the material if the copyright holder provides WHU with all of the following information under the Digital Millennium Copyright Act:

1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

2. Identification of the copyrighted work that is claimed to have been or being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.

3. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material. Information reasonably sufficient to permit WHU to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.

4. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

18. Disclosure of Customer Information and Legal Process

Although WHU will ordinarily maintain strict Customer confidentiality there are certain exceptions where WHU may disclose any information in its possession, including, without limitation, information about Subscribers, Internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or official governmental request, to protect WHU or others from harm, and/or to ensure the proper operation of the Services. WHU has no obligation to notify any person, including the Subscriber about whom information is sought, that WHU has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.

19. Force Majeure.

WHU shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

20. Governing Law; Jurisdiction; Arbitration.

This Agreement shall be governed in all respects by Iowa law without regard to the conflict of law provisions thereof. Both parties submit to personal jurisdiction in Iowa. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, shall be subject to arbitration administered by the American Arbitration Association ('AAA') in accordance with its then existing Commercial Arbitration Rules (collectively, the 'AAA Rules') and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Des Moines, Iowa, or any other place selected by mutual agreement of the parties. An award rendered in connection with an arbitration pursuant to this Section shall be final and binding upon the parties and the parties agree and consent that the arbitral award shall be conclusive proof of the validity of the determinations of the arbitrations set forth in the award, and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The parties hereby waive all in personam jurisdictional defenses in connection with any arbitration hereunder or the enforcement of an order or award rendered pursuant thereto. In any legal action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this section shall survive any termination of this Agreement.

21. Assignment.

WHU may assign this agreement at any time and without notice to Customer. Customer shall not have the right to assign this Agreement without the prior written consent of WHU. This Agreement shall be binding upon and inure to the benefit of Customer and WHU and their successors and permitted assigns.

22. Entire Agreement; Severability.

This Agreement, together with the Order Form and any other documents or agreements identified in this Agreement, represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the parties agree that the remainder of this Agreement shall remain in full force and effect.

Last updated: 2012-07-20


LIMITATION OF LIABILITY:

No Support VPS Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from No Support VPS Hosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, No Support VPS Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of No Support VPS Hosting servers. All damages shall be limited to the immediate termination of service.

DISCLAIMER:

No Support VPS Hosting cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by No Support VPS Hosting are resold. Thus, certain equipment, routing, software, and programming used by No Support VPS Hosting are not directly owned or written by No Support VPS Hosting. Moreover, No Support VPS Hosting holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as No Support VPS Hosting sees fit. FURTHERMORE, No Support VPS Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.