Claim The Web Acceptable Use Policy and Service Guidelines

ClaimTheWeb provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

Hosting plans:

Claim The Web allows an individual or business to ala cart their plan based on the six plans we advertise on our website. Please note, all business accounts must select a business account of Plan C or higher. Claim The Web will be the sole arbiter in determining if your account is business or for personal use. If your business account is not on our Plan C or higher we will upgrade your account to the next business account on the following month.

Clients MUST retain local copies of all of their files in the event a backup cannot be restored for whatever reason (corrupted or incomplete backup, datestamp that does not match the requested backup, and so on). Please use the backup tools located in your Cpanel (http://domain.com/cpanel) to download your data. Make sure to back up both the files and any Data base backups. CTW Ecommerce customers may also backup ecommerce shopping cart data using the backup tools located in the cart admin area.

Stomper Elite accounts. By accepting this agreement you agree to use the Stomper Elite eCommerce software immediately with the full purpose of selling product within thirty days of your account being setup. If no ecommerce activity has started we reserve the right to cancel your account and or commence to charge the standard $49/mo ecommerce rate. The Stomper Elite eCommerce trial software is intended for new and existing Stomper members that have not had an existing or previous Stomper Package.

eCommerce Hosting (Do's and Dont's)

Hosted and not hosted customers using Claim The Web shopping cart software that have NOT purchased a cart license must not alter or remove the branded site footer link: Powered by ClaimTheWeb Cart - Shopping Cart Software. If you remove or alter this tagline you are in violation of our ecommerce hosting terms of service and are subject to suspension and or termination of your account. If you have questions about this please submit a support ticket or contact us during business hours.

Modules, plugins and software addons made by and for the Claim The Web Cart shopping cart are the intellectual property of Claim The Web Inc., you may use these modules on Claim The Web servers only. If your intention is to not host on Claim The Web servers you must license the Intellectual propery and also purchase a ClaimTheWeb Shopping Cart license.

Content:

All services provided by Claim The Web may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute, and invasion of privacy. The subscriber agrees to indemnify and hold harmless Claim The Web, from any claims resulting from the use of the service which damages the subscriber or any other party.

All pornographic content and sex-related merchandising is prohibited on all Claim The Web servers. This includes sites that may infer sexual content or links to adult content elsewhere. Claim The Web will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Claim The Web, servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• Copyright infringement
• Pirated software
• Hacker programs or archives
• Warez sites
• Alcohol and tobacco sites
• Pornographic or sexually explicit content

Claim The Web, will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising - Email:

Spamming, or the sending of unsolicited email, from a Claim The Web server or using an email address or domain that is maintained on an Claim The Web machine as reference is STRICTLY prohibited. Claim The Web will be the sole arbiter as to what constitutes a violation of this provision.

Misuse of System Resources:

Any attempt to undermine or cause harm to a server, or customer, of Claim The Web, Inc. is strictly prohibited. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer's own account; resale of disk space without an appropriate reseller agreement; use of servers for backup of files unrelated to the web site of the account; or resale or remote access to CGI scripts installed on our servers. Operation of IRC servers or IRC bots on our servers will result in an immediate suspension of service.

Cancellation:

Cancellation can be made via ticket email at http://www.claimtheweb.com/support Hosting fees paid for the current hosting month of cancellation are non-refundable. We do not refund fee(s) for the following products including domain registration, SSL key(s), shopping cart license(s), custom programming and design services.

Suspension:

Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension. All suspended accounts that have past due invoices will be charged a reactivation and late fee of 5% per month.

Refusal of Service:

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

All sub-networks, distributive hosting sites, and dedicated servers of Claim The Web must adhere to the above policies. Please direct any reports of violations of the above policies to http://www.claimtheweb.com/support

CUSTOMER SUPPORT

Company may provide Customer with customer support related to the ClaimTheWeb Cart hosted Software Service Agreement.

• Ticket email support - 24/7 email support to hosted customers that are paid in full.
• Paid phone support - 8am - 5pm MT.

Use of Customer Support is governed by the policies and programs described in our Acceptable use Policy of the ClaimTheWeb Cart website. With respect to technical information Customer provides to Company, as part of the Customer Support, Company, may use such information for its developmental purposes, including for Software support and upgrades. Company will not utilize such technical information in a form that personally identifies Customer.

MONTHLY SERVICE FEES

Company will set up an automated billing cycle that will charge Customer monthly fees based upon the package that was ordered. Billing date is calculated by adding 30 days from the date of the original order. This is called the Billing Due Date. Customer will prepay monthly service in accordance with this Software Service Agreement for Software Services to remain live and its hosting account valid. In the event of cancellation or termination of services, Company does not offer a pro-rated service on any monies collected.

LATE PAYMENTS

To avoid uninterrupted Service, Customer must make timely monthly payments by any means offered by Company. Company requires Customer to prepay for monthly services. Company will have the right to terminate this Agreement and/or suspend Customer access to any or all of Company's Services and/or performance of the services provided by Company hereunder immediately. Furthermore, Company reserves the right to delete all Customer data within the hosting environment after thirty (30) days. Customer may request Company to provide Customer logs, for a fee, as a requirement of PCI Compliance, prior to deleting records.

If payment is not received, Company will notify Customer regarding non-payment. Resolution and payment, including a Flat rate of $10 is required to be paid prior to restoring services. Customer will be responsible for any costs associated with collecting such fees including, without limitation, legal costs, attorneys' fees, court costs and collection agency fees.

SOFTWARE SERVICE & LICENSE AGREEMENT

Failure to follow any term or condition will be grounds for immediate account deactivation