TERMS OF SERVICE

This Terms of Service (TOS) Notice specifies certain actions prohibited by TheVillageHost for users of the TheVillageHost Network. TheVillageHost reserves the right to modify this Policy at any time to stay in compliance with any laws, regulations and security requirements. By using TheVillageHost.com services, any customer, employee or third party unconditionally accepts the terms of this policy. Your host with us you will be happy. Do not do anything wrong and you will be happy with the TheVillageHost web hosting community.

TheVillageHost ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of the TheVillageHost Service constitutes acceptance and agreement to TheVillageHost AUP as well as TheVillageHost TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of TheVillageHost and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Tennessee, county of Davdson applicable to contracts enforceable in that state. Venue will be Davidson County, Tennessee..

Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition, TheVillageHost shall have the right to terminate all service set forth in this Agreement.

Adult Content
Adult hosting is allowed. However, warez and child pornography will not be tolerated! Anything that is legal can be hosted.

Payments and Fees
Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $15 reconnect charge (individual hosting accounts). Dedicated servers that are suspended are subject to a $100 reconnection fee. Accounts not paid by due date are subject to a $25.00 late fee after 15 days and $5 for each day thereafter.

Accounts that are not collectable by TheVillageHost may be turned over to an outside collection 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 $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation
All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and e-mail sent to cancellations. You must have all of your account information to cancel.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

New Domain Accounts
All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 1 business day. Due to unforeseen complications, however, this process may sometimes require up to 2 business days.

Transfer of Domains
If you select transfer domain it DOES NOT mean you will switch from your current registrar to ours. It means you will be using a domain you have registered elswhere and will transfer the hosting services. You will keep the domain where you registered it unless you give us permission to move the domain registration to us. In that case please send an email to domains.

Support Boundaries
TheVillageHost provides 24/7 e-mail and online technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: TheVillageHost provides support related to your server or virtual site physical functioning.

TheVillageHost does not offer technical support for application specific issues such as CGI programming, HTML or any other such issue. TheVillageHost does not provide technical support to your customers. If you can e-mail, we encourage you to e-mail support, or post in our discussion forums for assistance.

If you are able to get online and have other questions, the answers may be found in our Support section. We encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support.

SPAM and Unsolicited Commercial E-mail (UCE)
TheVillageHost takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this means that customers of TheVillageHost may not use or permit others to use our network to transact in UCE. Customers of TheVillageHost may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of TheVillageHost's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, TheVillageHost will initiate an immediate investigation (within 48 hours of notification). During the investigation, TheVillageHost may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, TheVillageHost may, at its sole discretion, restrict, suspend or terminate customer's account. Further, TheVillageHost reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. TheVillageHost will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $50 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $100 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $75 per hour that TheVillageHost personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Customers are ultimately responsible for the actions of their clients over the TheVillageHost network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

NETWORK
IP Address Ownership
If TheVillageHost assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to TheVillageHost, and Customer shall have no right to use that Internet Protocol address except as permitted by TheVillageHost in its sole discretion in connection with the Services, during the term of this Agreement.

TheVillageHost shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by TheVillageHost, and TheVillageHost reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible.

We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. TheVillageHost will monitor Customer's bandwidth and disk usage. TheVillageHost shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage.

Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in TheVillageHost sole and absolute discretion. If TheVillageHost takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, TheVillageHost may, at its sole discretion, collect a deposit, in an amount determined by TheVillageHost, against customer's credit card on file with TheVillageHost.

System and Network Security
Users are prohibited from violating or attempting to violate the security of the TheVillageHost Network. Violations of system or network security may result in civil or criminal liability. TheVillageHost will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

These violations include, without limitation:

• Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
• Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
• Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.
• Taking any action in order to obtain services to which such User is not entitled.
• Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations. Each hosting package purchased is unique to a domain name and use - please do not purchase multiple packages for instance, to get the combined bandwidth and space. TheVillageHost will stop such transactions and label them as deceptive.

Suspension of Service or Cancellation
TheVillageHost reserves the right to suspend network access to any customer if in the judgment of the TheVillageHost network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which TheVillageHost chooses.

If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. We offer a 30 day money back providing we failed to provide you with the service as outlined for each individual hosting plan. However setup fee's are non-refundable under any cicumstances. Prior notification to the Customer is not assured.

In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. No chat rooms are to be used on our servers.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

TheVillageHost takes no responsibility for any material input by others and not posted to the TheVillageHost Network by TheVillageHost. TheVillageHost is not responsible for the content of any other websites linked to the TheVillageHost Network; links are provided as Internet navigation tools only. TheVillageHost disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

TheVillageHost is not responsible for any damages your business may suffer. TheVillageHost does not make implied or written warranties for any of our services. TheVillageHost denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by TheVillageHost.

RESPONSIBILITY FOR CONTENT
You, as TheVillageHost customer, are solely responsible for the content stored on and served by your TheVillageHost server.

Illegal Use
The TheVillageHost Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation coming to or from any unauthorized network or system is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization; government and military data protected by law and national security; university and academic data protected by public policy; sales of drug paraphernalia, adult material, and material that is obscene, vulgar, defamatory, constitutes an illegal threat, or violates export control laws. Any violation of the above which compromises the integrity of the TheVillageHost.com Network or any other network is strictly prohibited.

System and Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. TheVillageHost will investigate incidents involving such violations and may involve and cooperate with law enforcement authorities if a criminal violation is suspected. Examples of unlawful acts, system, or network security violations include, without limitation, the following:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, damage, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

Unauthorized access to any data, system, or network from an unauthorized system or network for any purpose which is not lawful or which is intended to do harm.

Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Electronic forging of any kind to include but not limited to IP addresses, domains, business names, etc.

Email
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site owner.

Sending unsolicited email through our servers, or sending spam advertising a site hosted on our servers is not allowed.

Also, selling software that has as it's purpose to facilitate spamming is not allowed.

Usenet
Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is expressly prohibited.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A TheVillageHost CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

If you are hosting a bulk email site on TheVillageHost servers and you use another ISP to SPAM from in order to reference your TheVillageHost site by IP address or domain name, you are violating TheVillageHost.com's policy and possibly the law.

Any type of denial of service attack from valid or invalid addresses is a violation of TheVillageHost security policy and against the law.

If you have been granted password privileges for FTP or telnet, sharing your password with an unauthorized user or third party is strictly prohibited.

Complaints regarding illegal Use or System or Network Security issues should be sent to spam.

Complaints regarding email abuse should be sent to spam.

Complaints regarding USENET abuse or SPAM should be sent to spam.

TheVillageHost will also not tolerate any sales of drug paraphernalia, adult material or spamming and both infringements shall result in immediate termination and removal of the site and/or virtual server without a refund. (We do not host lingerie sites.) TheVillageHost prides itself as a responsible member of the Internet community and is committed to protecting the data of and providing quality service to all TheVillageHost customers all of the time.

Interaction with TheVillageHost Staff
Any threat, vulgar language or harassment directed at any TheVillageHost.com staff member through phone or email may result in immediate termination of an account. Any violation of this policy by any employee, contractor or third party programmer of TheVillageHost.com should be reported immediately.