Use of H2oh Hosting Service constitutes acceptance and agreement to H2oh Hosting’s AUP as well as H2oh Hosting's TOS (Terms of Service) H2oh Hosting reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of H2oh Hosting’s Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service).

IMPORTANT NOTICE: *All Payments To H2oh Hosting Are Non-Refundable*

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. H2oh Hosting may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your H2oh Hosting account or other actions as detailed below without notice, based upon the nature of the violation.

This document is intended to provide a basic understand of H2oh Hosting's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of H2oh Hosting's AUP. If an H2oh Hosting account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.

The following constitute violations of this AUP:

· Illegal Activities: H2oh Hosting's services may not be used for illegal purposes, or in support of illegal activities. H2oh Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

· Harm or Endangerment to other people: You may not use H2oh Hosting’s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use H2oh Hosting’s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

· Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous e-mailers or nicknames does not constitute impersonation.

· Unsolicited E-mail, News Bombing (SPAM) Use of the H2oh Hosting service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Spam complaints will be sent to the e-mail address on file. Violations of this type will result in the immediate suspension of the offending website on the H2oh Hosting server. Failure to respond to complaints within a 24 hour timeframe will result in the H2oh Hosting abuse staff suspending the offending website or shared hosting account by whatever means necessary. Should the account become re-activated without the express written consent of H2oh Hosting's Abuse Department, the offending website or shared hosting account will be immediately terminated, and may result in suspension / termination of the entire hosting services should the site and/or client re-appear on the service. Anyone hosting websites or services on their service that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their service immediately removed from our network. The service will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the service to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the service from our network without notice to the customer. Any service guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending H2oh Hosting account.

· Copyright or trademark infringement: Use of the H2oh Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the H2oh Hosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

· Network disruptions : Use of the H2oh Hosting service for any activity which affects the ability of other people or systems to use H2oh Hosting Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. H2oh Hosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. H2oh Hosting, does not allow the hosting of IRC, IRC Bots, or egg-drops on our network. Services found hosting this material will be subject to immediate cancellation without refund. Use of the H2oh Hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of H2oh Hosting's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending H2oh Hosting account is subject to immediate termination.

· Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or service.

· Security Risk: Should any box become a security risk to our network, including, but not limited to: presumed compromised services, outbound verified attacks, inbound recipient of an attack, spamming, illegal content, etc. H2oh Hosting will attempt to contact the service owner, giving 24 hours notice, after which time, we will attempt to gain entry to the service with passwords on file. Should the passwords not be accessible to H2oh Hosting staff, H2oh Hosting reserves the right to attempt to gain entry to the service. In extreme circumstances involving flagrant illegal acts or activities, upon email, and phone contact if no response is given within 1 hour, H2oh Hosting reserves the right to attempt to gain immediate entry to the service for security purposes only. Clients refusing to provide access under such circumstances, are subject to a fine of $150.00.

· Network Security: H2oh Hosting accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

REPORTING VIOLATIONS OF H2oh Hosting AUP

H2oh Hosting requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@H2oh Hosting.net if possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation.

H2oh Hosting - Terms of Service(TOS)

Use of H2oh Hosting’s Service constitutes acceptance and agreement to H2oh Hosting’s AUP (Acceptable Use Policy) as well as H2oh Hosting’s TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to H2oh Hosting, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of H2oh Hosting.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by H2oh Hosting, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.

2. H2oh Hosting will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer will pay H2oh Hosting any additional fees as specified in the Service Description.

Payments and Fees:
Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200.00 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by H2oh Hosting will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty($50.00) nor more than One Hundred, Fifty($150.00)

Delinquent Accounts:
H2oh Hosting may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Delinquent Reseller Accounts:
Should your reseller account become delinquent, and payment not made to H2oh Hosting, resulting in a suspension of service you will have 48 hours to make restitution for the delinquent balance. Any account left unpaid after 48 hours of suspension and reseller not contacting the H2oh Hosting billing department to resolve the issue will allow for the reseller's client or clients to be able to purchase the service directly, and assume financial responsibility from that point forward. The balance must be paid entirely by the client prior to lifting the service suspension. Resellers shall not hold H2oh Hosting responsible for failure to appropriately pay their invoices in a timely manor set forth in your original contracts.

Account Cancellation:
All requests for canceling any service / services must be made in writing with at least 30 days notice but not more than 60 days prior written notice and faxed to (973) 267-9450. Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 9AM to 5PM EST Monday - Friday

Refunds and Disputes:
All payments to H2oh Hosting are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in H2oh Hosting’s discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.

H2oh Hosting - Service Level Agreement(SLA)
Network Uptime is the total time in a calendar month that H2oh Hosting network is available through the Internet, provided that Client has established connectivity. H2oh Hosting takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, resulting in network uptime less than 99.9% of each calendar month

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in H2oh Hosting’s Network as confirmed by H2oh Hosting. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any H2oh Hosting scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail or network updates to the H2oh Hosting forums with a minimum of 24 hours notice.

SLA Network Violation Credit occurs when our network uptime guarantee is not met. H2oh Hosting will refund the customer 5% of the monthly fee for each hour of downtime (up to 100% of your monthly fee) for network downtime. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a performance credit, you must e-mail our sales department, within 10 days of reported violation, at: sales@h2oh-hosting.com . SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST and applied on the 1st business day of the next month. *Network violation SLA credit does not cover server hardware failure.*

Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: · Scheduled downtime · Problems outside of H2oh Hosting’s network (upstream providers, or client’s inbound connection) not effecting 100% packet loss to our network · Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked services, attacks, exploits, or server hardware failures.

· Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:

·Scheduled downtime

· Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.

Replacement is defined as returning the service to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, H2oh Hosting will restore the system to original state.

H2oh Hosting will make every effort possible to secure your data, however, H2oh Hosting is not responsible for the restoration of data to server. We strongly recommend that you perform routine site, database and service backups for your service, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. H2oh Hosting shall not be liable for loss of data under any circumstance.

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