T.O.S. applies automatically to all HOSTING-IE's Technologies clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO HOSTING-IE's SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM.

WHEREAS, HOSTING-IE is an information provider connected to the Internet. HOSTING-IE offers storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Client seeks to utilize HOSTING-IE’s server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, can make no guarantee that any given reader shall be able to access HOSTING-IE’s server at any given time. HOSTING-IE represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as
possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
I. Financial Arrangements
1. Client agrees to a three (3) month contract, beginning upon HOSTING-IE’s receipt by fax, mail, or express mail of the signed contract or/and agreeing to HOSTING-IE's T.O.S (I have read and agree to the Terms and Conditions of Use.) when purchasing any HOSTING-IE's service. Client agrees to pay HOSTING-IE for services rendered pursuant to the payment schedule.
2. First three (3) months payment shall be due upon receipt by HOSTING-IE of the signed contract.
3. This agreement will automatically renew for successive three (3) month periods unless canceled in writing 30 days prior to the quarterly renewal date. Client will receive an invoice for charges and payment is due upon receipt. Late payments will be subject to finance charges of 26.86%/year.
4. Client may elect to pay annually, in which case special discounts may apply as specified on the price sheet current at the time.
II. Taxes
HOSTING-IE shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Hosting-ie’s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
III. Payments
The Customer will pay HOSTING-IE. the One-Time Install Fees and Recurring Monthly Fees specified in the Service Order, as well as any charges for Other Services the Customer will pay all applicable taxes levied against or upon the services stipulated in the Service Order (as amended by the parties from time to time) or otherwise provided by
HOSTING-IE. under this Agreement. All One-Time Install Fees will be payable in advance and are not refundable. Recurring Monthly Fees will be payable in advance upon the Customer's chosen payment period. All other fees and the cost will be payable monthly. First Month’s Payment shown in the Service Order, which must be paid by the Customer to HOSTING-IE. before commencement of the Term, all amounts will be payable within 5 days from the date of HOSTING-IE.’s invoices. Invoices will be issued 5 days before the Start/End date. Service interrupted for nonpayment is subject to a €50 EURO reconnect charge for dedicated servers and €25 EURO for VPS/VDS Servers. Accounts that are not paid 30 days after due date 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 Collection Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%). Bounced checks and declined Credit Cards are subject to a penalty fees of €20 EURO.
VI. Late payment
Service will be interrupted on past due accounts after a 24 hours notification. Service interrupted for nonpayment is subject to a €25 EURO. penalty charge. Accounts that are not collectable by HOSTING-IE. 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. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this T.O.S..
V. Material and Products
1. Client will provide HOSTING-IE with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of HOSTING-IE. HOSTING-IE shall make no effort to validate this information for content correctness or usability to validate this information for content, correctness or usability
2. HOSTING-IE will exercise no control whatsoever over the content of the information passing through the network. HOSTING-IE makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. HOSTING-IE also disclaims any warranty of merchant- ability or fitness for particular purpose and will not be responsible for any damages
that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of HOSTING-IE is at the Client's own risk, and HOSTING-IE specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. HOSTING-IE expressly limits its damages to the Client for any non-accessibility time or other down time to the prorate monthly charge during the system unavailability. HOSTING-IE specifically denies any responsibilities for any damages arising as a
consequence of such unavailability. In the event that this material is not "Server-ready", HOSTING-IE may, at its option and at any time, reject this material, including but not limited to after it has been put on Hosting-ie’s Server. HOSTING-IE agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of HOSTING-IE . If the Client fails to modify the material, as directed by HOSTING-IE, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
VI. Trademarks & Copyrights
Client warrants that it has the right to use the applicable trademarks, if any, and grants HOSTING-IE the right to use such trademarks in connection with HOSTING-IE HOSTING-IE’s Server service.
VII. Privacy
HOSTING-IE. will use the customer's personal information only as
reasonably necessary to provide contracted services and to collect fees owed and will not disclose such information to any third party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed. The Customer authorizes HOSTING-IE to use it's name, business name and comments in marketing documents. At any time, the Customer can send a written notice to withdraw this authorization.
VIII. Hardware, Equipment & Software
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access HOSTING-IE . HOSTING-IE makes no representations, warranties or assurances that the Customer's equipment will be compatible with the HOSTING-IE service.
IX. Age
The Customer certifies that he or she is at least 18 years of age.
X. Internet Etiquette
Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of HOSTING-IE may not be used to impersonate another person or misrepresent authorization to act on behalf of others or HOSTING-IE. All messages transmitted via HOSTING-IE should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to
gain unauthorized access.
XI. Termination
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice to legal@hosting-ie.com . Notwithstanding the above, HOSTING-IE may terminate service under this Agreement at any time, with immediate effect, and without penalty, if the Client fails to comply with the terms of this Agreement.
During the first 30 days the Client is entitled to a 100% money back
guarantee that applies in the event the Client is dissatisfied with the service for any reason. This applies to web hosting fees, and does not apply to web promotion, web design, Dedicated servers, Virtual dedicated Servers ( VPS / VDS ), custom programming work, any type of licenses and set up fees other than for web hosting, such as for shopping carts, CyberCash, Chat Rooms, Forums, etc. Nor does this apply to cancellation for reasons other than dissatisfaction with Hosting-ie’s service (e.g. Client decided to discontinue web site for personal or business reasons). Termination without giving 30 days written notice to HOSTING-IE is subject to a penalty fee of €35 EURO.
XII. Refund policy
Any prepayment is a commitment regarding the payment period that can not be refunded outside the terms of the satisfaction warranty which applies for 30 days following the opening of the account. However, when closing a product, the account may be credited with the value of advanced payments for that product. The credit may be used for further purchases at HOSTING-IE.
XIII. If the Customer is in default
If the Customer is in default of any of its obligations under this Agreement, then HOSTING-IE. may in its sole discretion do any or all of the following: (i) without notice suspend access to the Customer Space or the Premises, (ii) if the Customer’s default is non-payment of any sums due to HOSTING-IE Technologies inc., exercise all the rights and remedies of a secured party under applicable law including, without limitation, with the minimum notice (if any) required by law, HOSTING-IE may seize the Equipment and sell the Equipment to third parties in satisfaction of any Customer indebtedness owing to HOSTING-IE as well as any costs (including reasonable legal fees) incurred by HOSTING-IE in exercising any remedy under this Agreement.
XIV. Limited Liability
1. Client expressly agrees that use of HOSTING-IE’s Server is at Client's sole risk. Neither HOSTING-IE, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that HOSTING-IE’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the HOSTING-IE Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall HOSTING-IE, its offices, agents or any one else involved in creating, producing or distributing Hosting-ie’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the HOSTING-IE Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to HOSTING-IE’s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on HOSTING-IE’s Server service.
3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
XV. Reselling
The Customer in the normal course of its business may resell to its customers use (subject to all the terms of this Agreement) of the Customer Space, Resources and Bandwidth Services provided by HOSTING-IE. to the Customer pursuant to this Agreement, except that the Customer will not allow such customers to interconnect with other users in the Premises Any act or omission of any such customer that would be a breach of this Agreement if committed by the Customer will be deemed a breach of this Agreement by the Customer. The Customer agrees to defend, indemnify and hold harmless HOSTING-IE, and its officers, directors and employees (collectively, the “Indemnities”), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such the customer that would be a breach of this Agreement if committed by the Customer, and (ii) any claim by any such customer arising from use of the Premises, services provided by HOSTING-IE under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.
XVI. Lawful Purpose
Client may only use HOSTING-IE’s Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene,or “ADULT”, or material protected by trade secrets. Use of Hosting-ie’s facilities for bulk e-mail of any kind (spam
or UCE) is expressly prohibited.
XVII. Indemnification
Client agrees that it shall defend, indemnify, save and hold HOSTING-IE harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against HOSTING-IE, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to
defend, indemnify and hold harmless HOSTING-IE against Liabilities arising out of
(i) any injury to person or property caused by any products sold or otherwise distributed in connection with Hosting-ie’s Server
(ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
(iii) copyright infringement and
(iv) any defective product proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on HOSTING-IE Server.
XVIII. Bandwidth / Traffic Limitations
HOSTING-IE does not enforce any quota limits on bandwidth per client. However, HOSTING-IE reserves the right to revise this policy on a commercial basis. In the event the policy is revised, client shall have at least 30 days advance notice of such changes in HOSTING-IE’s policy. This Agreement constitutes the entire understanding of the parties.