TERMINOLOGY OF THESE CONDITIONS
This agreement is between the account holder only (hereafter referred to as the Customer) and HostOnce LLC (hereafter referred to as HostOnce.com).
All references to "account" refer to the .NET hosting account or Linux hosting account as supplied by HostOnce.com unless otherwise stated.
In the event that a Customer purchases the multi-domain upgrade, the account will then become a multi-domain enabled account, hereafter referred to in these terms as a multi-domain enabled account.

TERMS AND CONDITIONS OF SERVICE AGREEMENT
HostOnce.com provides World Wide Web page hosting. HostOnce.com reserves the right to suspend or cancel a Customer's access to any or all services provided by HostOnce.com when HostOnce.com decides that the account has been inappropriately used or otherwise.

SERVER USE
Personal accounts are to be used by the Customer only. Customers are not permitted to resell, store or give away web-hosting services of their website to other parties. This is defined as allowing a separate, third party to host content on the Customer's web site. Exceptions to this include ad banners, classified ads, and personal ads [multi-domain enabled accounts and RESELLER accounts are also excluded: for details see MULTIPLE-DOMAIN HOSTING UPGRADE or RESELLER ACCOUNT].

WEBSITE CONTENT AND USAGE POLICY
HostOnce.com does not allow any of the following content to be stored on HostOnce.com servers:

Illegal Material - This includes (but is not restricted to) commercial audio, video, or music files, any material in violation of any Federal, State or Local regulation and any copyrighted works. It is the responsibility of the Customer to provide evidence of entitlement to use copyrighted material on their account.

Warez - This includes (but is not restricted to) pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc, and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

Unacceptable file types - HostOnce.com does not allow the upload of .bkf, or .exe files to its server space by its customers. Any site found to be hosting such file types will be terminated without refund.

HostOnce.com does not offer a service for storing information, backups, files or other material outside of a website context. All files within a domain must be part of the active website and linked to the site. It is a violation of this agreement if a Customer uses this account as merely an image, sound or file library. Hence HostOnce.com's service is not suitable for download or FTP sites; sites found to be using their web space for this purpose will have the content removed by HostOnce.com technicians or may be permanently removed from HostOnce.com servers without prior notice.

Sites must NOT predominantly contain binary files such as images, video and sound (i.e MP3, RA, WAV, GIF, JPG but not limited to those file extensions) as these do not represent active web based content. These files may only account for a maximum of forty percent (40%) of a sites total bandwidth usage before the Customer must discuss an alternative solution with HostOnce.com otherwise HostOnce.com reserves the right to impose the High Resource User Policy.

Special note: streamed media
Due to the increased resource requirements of streamed media, HostOnce.com is unable to support sites that solely or predominantly use their allocated resources for streaming media files.

Websites found to be streaming media which detrimentally affects server performance will be suspended immediately. The Customer will receive notification of this action and advised of any further required action.

Any files exceeding 50MB in size may only be uploaded to HostOnce.com servers by prior arrangement. Customers wishing to upload files greater than 50MB in size must contact HostOnce.com to explain the purpose of the file and its intended use.

Failure to do so will result in the deletion of the file from HostOnce.com servers.

Customers should be aware that files can be removed at any time when a domain is under Abuse Investigation or during routine server maintenance.

RESOURCE POLICY
Resources are defined as bandwidth and/or disk space and/or processor utilization.

HostOnce.com allows the consumption of 5000MB of disk space and a monthly bandwidth allowance of 50GB per web hosting account in accordance with the WEBSITE CONTENT AND USAGE POLICY. [multi-domain enabled accounts allow for a total of 5000MB of disk space and a monthly bandwidth allowance of 50GB per hosted domain in accordance with the WEBSITE CONTENT AND USAGE POLICY] In the event that a Customer is found to be exceeding these limits, and/or not adhering to the WEBSITE CONTENT AND USAGE POLICY and/or monopolizing processor utilization, HostOnce.com reserves the right to impose the High Resource User Policy for the consideration of all Customers.

HIGH RESOURCE USER POLICY
(Please note: this policy may be implemented by HostOnce.com at its sole discretion)

When a website is found to be monopolizing the resources available, hence jeopardizing server performance and resources for other Customers, HostOnce.com reserves the right to suspend that site immediately*. This policy is implemented to prevent the misuse of HostOnce.com servers. At its discretion, HostOnce.com may offer Customers an option whereby HostOnce.com can continue to host the site based on alternative arrangements.

* Please Note: HostOnce.com reserves the right to suspend services to any account that it finds affects overall server performance for other Customers hosted on the same server (this does not necessarily mean issues related only to bandwidth or diskspace consumption). This suspension is effective immediately and Customers are reminded to read the Backups policy below regarding this.

BACKUPS
HostOnce.com does not keep backups of its Customers' files. By signing up with HostOnce.com the Customer accepts all responsibility for making backup copies of their files..

EMAIL STORAGE
HostOnce.com cannot allow the storage of more than 50MB of emails on HostOnce.com servers and reserves the right to remove email storage files during server maintenance that exceed the 50MB limit per POP account. .

All email that has not been downloaded within 30 days of receipt will be automatically deleted from the HostOnce.com network. This action allows HostOnce.com to continue offering generous bandwidth and disc space allowances at discounted prices.

If HostOnce.com identifies a domain and/or mailbox which is causing problems through use of mail, HostOnce.com will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, HostOnce.com will disable email or suspend all services to the domain as appropriate.

(Examples of this include but are not restricted to mailbox auto-response systems or forwarders which create large volumes of undeliverable email, forwarders and/or autoresponders generating circular mail loops)

Customers may not use HostOnce.com Email services for any of the following:

- to send messages or communications, which are unsolicited, offensive, abusive, indecent or obscene

- messages for the purpose of committing or inciting a criminal offence or which direct users/recipients to sites dealing in such subjects.

- messages that cause inconvenience, annoyance or anxiety to other customer/users

- messages containing content which violates the website content and usage policy herein contained

- messages which purport to come directly from HostOnce.com or its staff/associates

Note on mailing lists:

Provided mailing lists are legitimate and meet the following conditions then they are acceptable:

Consent – it must be sent with the recipient's consent. They may give express consent, or consent may be inferred from their conduct and 'existing business or other relationships'

Identity – it must contain accurate information about the person or organisation that authorised the sending of the message

Unsubscribe – it must contain a functional 'unsubscribe' facility to allow the recipient to opt out from receiving messages from that source in the future

Where mass emails are sent (as in the case of mailing lists or otherwise) the bandwidth utilised by the mail sending must not exceed twenty percent (20%) of the total bandwidth utilised by the website as a whole.

SPAM
In the event that HostOnce.com receives a significant number of complaints referring to, or concerning, unsolicited mail that originates from a HostOnce.com server (either directly or via spam advertising, mailing lists etc) Hostonce.com will disable the website concerned immediately. This action is taken to prevent HostOnce.com's IP Addresses being blocked by IP Address blocking systems and to protect other network users.

HostOnce.com will contact the Customer via mail; if no satisfactory explanation is given within 7 days then the account will be permanently deleted from HostOnce.com servers.

Hostonce.com reserves the right to not refund in these circumstances.

PRICE FREEZE GUARANTEE
HostOnce.com guarantees for as long as you are a continuous client, in good financial standing, and you keep renewing your contract for web hosting service, we guarantee that you will be locked into paying your original purchase price forever.

FREE DOMAIN NAME
When a Customer signs up for the .NET Hosting Plan, HostOnce.com will pay for the cost of their new domain name registration. HostOnce.com will keep paying it every year, for as long as they are a continuous Customer in good financial standing, and keep renewing their contract for web hosting service. (please see exclusion below) This only applies to domains with extensions .com, .net, .org, .biz, .info, .us and .co.uk. If the Customer decides to transfer an already registered domain name to HostOnce.com's servers for use with the .NET Hosting Plan**, then the Customer is responsible for all Registrar fees for that domain.

Exclusion:
HostOnce.com registers all new domain names through wholesale domain name registrars. These domains then reside in a single account at the registrar and can therefore be renewed by HostOnce.com as part of the service supplied. If a domain name is transferred from this account (either to another registrar or to another account at the wholesaler concerned) the domain name concerned is no longer eligible for free renewal by HostOnce.com and all renewal fees become the responsibility of the Customer at time of transfer.

Please Note:
To register domains quickly and keep prices to a minimum HostOnce.com bulk registers domains. This means that the Customer will see HostOnce.com details as the current domain name owner.

HostOnce.com will transfer ownership of the domain name to a Customer when a request to do this is submitted on our online Helpdesk.** This enables some Customers to remain anonymous owners of their domain name..

(** requests for transfer of domain ownership from HostOnce.com to the Customer will only be accepted a minimum of 6 months after full payment has been made for the account concerned (initial order or renewal payment whichever has been most recently charged; this applies to domain names registered as part of a hosting plan or those ordered as separate domain names via the HostOnce.com optional upgrades page).

If a Customer wishes to request that the ownership details are updated then the Customer should submit a ticket to the DNS Changes category on the HostOnce.com online helpdesk at http://support.hostonce.com

The Customer will need to submit the full new ownership details to be listed and the ticket should be submitted to the DNS Changes category.

Please note that the Customer will be required to verify any such request and that HostOnce.com will not make such changes at the request of a third party.

TRANSFER OF EXPIRED DOMAIN NAMES
Please note that if a client wishes to transfer a domain name registered through us that has expired (but is not in a state of redemption) we will require you to open an account with the relevant registrar to which the domain name will then be transferred. The client will then be responsible for reactivating and renewing the domain name directly with the registrar and (once reactivated) will be able to organise and arrange a transfer wherever required.

Please note that any customer wishing to make this transfer arrangement must open a HelpDesk ticket (under *Transfers*) and that we will require verification before the domain name can be released from our registry account.

PLEASE NOTE: HostOnce.com LLC cannot take any responsibility for the loss of any domain name that has expired due to non-payment and cannot guarantee that any requested transfer to a clients registrar account will be completed before the domain name enters redemption (at which point a premium fee will be required by the registrar to reactivate the domain name)

IMPORTANT INFORMATION
As of 12th November 2004, the global domain name administration body (ICANN) modified the transfer process for GTLD domains. This will mean that any transfer requests for domain names not 'locked' with their current owners will be approved automatically after 5 days, unless they are rejected by the current admin contact of the domain..

Therefore, in order to minimize the risk of fraudulent transfers and protect domain names, all domain names registered through HostOnce.com will automatically and by default be locked at the registrar. This should mean that no automatic transfer will be allowed or take place even if the administrative contact approves a transfer request.

It is therefore imperative that the Customer contact domains@hostonce.com to verify and arrange the transfer of any domain name registered through HostOnce.com and/or held in our registrar account..

MULTIPLE-DOMAIN HOSTING UPGRADE
Exclusion:
US$2.50/month accounts purchased during our special promotion do not qualify for this upgrade.

Customers should be careful when adding domains as they are unable to delete domains via the control panel for security reasons. The Customer will need to contact support, via the online help desk, to have a domain removed. The primary account domain name cannot be removed or changed.

Customers with more than one current HostOnce.com account cannot combine these accounts into one. Doing this will forfeit the free domain name for life. Cancellations for this purpose will not be refunded. Customers may however upgrade all current windows accounts, excluding US$2.50/month half priced accounts, to multi-domain enabled accounts.

Customers who have previously purchased a domain using the Domain Alias option will need to contact support via the HelpDesk if they wish to add these aliased domains to a multi-domain enabled account.

Domain Name registration is not included with this upgrade. Customers are responsible for additional domain registration fees. Additional domain names may be ordered via the Upgrades page or purchased via any approved domain name registrar.

The Primary Hosting account MUST continue to be renewed annually for the multi-domain enabled account to remain active. If the primary domain name is registered elsewhere and the Customer is therefore responsible for its renewal, the Customer must continue to renew the domain in order for the multi-domain enabled account to remain active and valid. Non-renewal of a primary domain name in this situation will result in the multi-domain enabled account becoming non-functional. No refund will be issued in this situation.

Cancellation of the Primary hosting account or non-renewal will also mean cancellation of the multi-domain enabled account.

At the discretion of HostOnce.com, Customers may allow third parties to use additional domains on their multi-domain account. Please note, however, that the Customer remains responsible for the use of all domains on their multi-domain enabled account.

RESELLER ACCOUNT

If a Customer chooses to purchase a HostOnce.com reseller account and resell HostOnce.com services, the Customer shall become a Reseller account holder and remain a HostOnce.com Customer for all purposes under these terms and conditions.

The Reseller account holder hereby agrees that in the event that they resell the services of HostOnce.com, the client purchasing these resold services will become solely the Reseller account holder's client (and therefore a "Reseller Client"). A Reseller Client does not become a Customer or account holder with HostOnce.com by purchasing the resold services and HostOnce.com will not be required to provide technical and/or other support to any Reseller Client.

Reseller account holders accept that the terms and conditions of service which form the service agreement between themselves and HostOnce.com are also an inherent element of the HostOnce.com services which they are entitled to resell. Whilst no contract or agreement shall be made between HostOnce.com and the Reseller client, the Reseller account holder accepts that any Reseller client's site which is found to breach these terms and conditions, will be subject to suspension, removal or termination by HostOnce.com. Reseller account holders should take particular note of Server use, website content and usage, resource policy, high resource user, backups, email storage and usage sections of this terms of service agreement.

The Reseller account holder acknowledges that the non-payment by any Reseller Client shall in no way relieve the Reseller account holder of any duty in this agreement including the duty to timely pay all fees

The Reseller account holder is solely responsible for any and all transactions between the Reseller account holder and Reseller Clients under this agreement.

The Reseller account holder is solely responsible for all taxes and duties levied or imposed on the Reseller account holder and HostOnce.com under this Agreement and solely responsible for compliance with any regulations governing the export of the Services (or any portion thereof).

The Reseller account holder shall not resell the Services under the HostOnce.com brand.

PAYMENT POLICIES
All hosting accounts are set up on a prepay basis only.

Whilst HostOnce.com reserves the right to change prices of accounts or services at any time, such changes do not apply to those accounts covered by the HostOnce.com price freeze guarantee. Payment is due each anniversary year following the date the account was established. Customers will automatically be charged at any time in the 80 days leading to the anniversary date in order to ensure the transition from one hosting year to the next and to avoid, wherever possible, any interruption to service (unless closure notification has already been given).

If the credit card held on file is declined, HostOnce.com reserves the right to immediately suspend the facility to purchase services on-line until any such charge is processed successfully. In addition, HostOnce.com reserves the right to suspend other services until the outstanding payment is made and any outstanding debt cleared.

HostOnce.com has the Customer's consent to email any and/or all email accounts setup on the Customer’s HostOnce.com control panel to ensure renewal notification is received. The Customer is responsible for all money owed on the account from the time it was established to the time that the Customer makes a cancellation request via the HostOnce.com HelpDesk: See cancellation procedure section.

No bills or invoices will be sent by regular mail. All invoices will be sent directly to Customers via email shortly after the online purchase has been made. At this point the Customer's card will be charged automatically.

Customers should note that it is their responsibility to keep all email and contact information updated (preferably with an email address without storage limit) in order to receive all notices sent by HostOnce.com. It remains the responsibility of Customers to ensure that HostOnce.com communications to them are allowed by any e-mail software or filter.

Any e-mail notice will be deemed delivered when the message has been transferred to the e-mail server that the Customer's declared e-mail address resides in.

DOMAINS CHARGEBACK RESOLUTION
If the charge for a domain or set of domains is charged back, HostOnce.com has the right to take control of the domain or set of domains that was paid for by the disputed charge. HostOnce.com will change the domain account information as needed to take control of the domain or set of domains. The Customer is not guaranteed to be contacted in the event that a chargeback is received. .

PAYMENT OPTIONS
In order to streamline accounting procedures and keep costs down HostOnce.com runs a limited number of payment options.

Credit / Debit Cards:
HostOnce.com accepts VISA, MASTERCARD, and AMEX. Please allow for slight fluctuations in foreign currency exchanges.

HostOnce.com reserves the right to stipulate method of payment in rare circumstances where other methods of payment may be considered unsuitable.

CURRENCY FLUCTUATIONS
Please note that, as stated on the HostOnce.com website, allowances should be made for slight fluctuations in foreign currency exchange rates as applied to the transaction. This means that the actual charge that appears on a Customer's credit card statement may be slightly higher or lower than the price stated on our website.

Furthermore, Customers should note that some banking institutions levy a currency exchange fee on such transactions.

OPTIONAL EXTRAS
The following may be purchased at an additional cost by using our upgrades page..

Prices Per Year US Dollars
Multiple-Domain Hosting Upgrade $45.00
Additional Domain Name $16.00
Domain alias $24.00
Additional Sub.Domain $ 5.00
SSL Secure Server $20.00
MS SQL Server Database $80.00

Please allow for slight fluctuations in foreign currency exchanges. Value Added Tax does not apply.


CANCELLATION AND REFUNDS
Whilst the vast majority of HostOnce.com Customers will be perfectly satisfied with HostOnce.com service and remain with HostOnce.com for many years after ordering, HostOnce.com does recognize that on rare occasions, the agreement between the Customer and HostOnce.com will need to be cancelled. HostOnce.com would encourage Customers to contact the customer services department in the first instance to ascertain if HostOnce.com can resolve any issue causing a Customer to consider canceling, but if the eventuality does arise, the HostOnce.com cancellation policy is as follows:

Customers may cancel their account within 30 days of the original order date. Any Customer canceling their service will be entitled to request a pro-rata refund based on the months of unused hosting remaining.

Likewise, HostOnce.com reserves the right to cancel the service at any time. In this event, Customers again will be entitled to a pro-rata refund based upon the remaining months of membership. If a Customer contravenes HostOnce.com's terms of service a refund will not be issued in the event of a cancellation.

In the event of any refund, a US$20.00 administration charge is retained by HostOnce.com.
In addition, US$16 is also retained by HostOnce.com to cover annual .com, .net, .org, .biz, .info, .us domain name expenses or US$32 to cover .co.uk or other biannual domain expenses if the domain was registered by HostOnce.com.

For example, a cancellation within 30 days of ordering a HostOnce.com service would generate a refund of the remaining 11 months service minus a US$20 administration fee AND US$16 or US$32 fee dependant on domain type if the domain was registered as part of the order.

All refunds will be paid in the same manner (and to the same credit card where applicable) as the original order was made.

Cancellation of Upgrades:
In the event of any refund, HostOnce.com reserves the right to levy an administration charge of US$20 to be deducted from the fee. Please note that no refund whatsoever will be made for domain name registration orders. This is because of the domain registrar's policy on registrations. They are charged a non-refundable fee by the registry to perform the registration and this procedure cannot be cancelled. By registering a domain name a Customer is renting a piece of the Internet, through HostOnce.com as broker, with the collective that monitors the Internet. Once a domain name has been added to the Internet it cannot be removed until it expires.

Cancellation Procedure
Please note that the following Cancellation Procedure must be adhered to at all times, this is a security precaution to allow HostOnce.com to ascertain the authenticity of any such request.
The Customer is required to make a request of cancellation via an already open HelpDesk ticket or via a new Help Desk Ticket, under Customer Services, quoting the domain name of the account to be cancelled. HostOnce.com staff will need to verify the request and an email confirming the action will then be sent to the HelpDesk contact address provided by the customer. A cancellation reference number will be allocated and this should be quoted in any subsequent communication concerning the account.

REACTIVATION OF EXPIRED ACCOUNTS
In the event that an account is not renewed and expires, it may still be possible to reactivate the account but with the following provisos:

1 - there will be a US$15 reactivation fee added to the renewal charge irrespective of the annual fee.

2 - there is no guarantee that the site material/data will be intact.

3 - the domain name may no longer be eligible for free renewal as part of your hosting renewal and may require a separate fee to redeem it at the registrar. There may also be certain situations in which the domain name cannot be reactivated and HostOnce.com cannot accept any responsibility for domain names that are lost in this way.

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold HostOnce.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HostOnce.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HostOnce.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HostOnce.com server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from HostOnce.com's server.

DISCLAIMER
HostOnce.com will not be responsible for any damages your business may suffer. HostOnce.com makes no warranties of any kind, expressed or implied for services we provide. HostOnce.com disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by HostOnce.com and its employees.

CHOICE OF VENUE
Regardless of the place of purchase, the Customer agrees that for purposes of venue this contract was entered into in North Carolina, USA, and any dispute will be litigated or arbitrated in North Carolina, USA. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in North Carolina courts. IN NO EVENT SHALL HOSTONCE.COM'S MAXIMUM LIABILITY EXCEED TWO HUNDRED (200.00) US DOLLARS.


AMENDMENT OF AGREEMENT
HostOnce.com reserves the right to revise or otherwise change (in any way) this Agreement at any time.

The Customer agrees that HostOnce.com's posting of any revision or change to this web page (http://hostonce.com/termsandconditions.htm) shall constitute adequate notice to the Customer of any revision or change in this agreement.

It is the responsibility of the Customer to periodically consult this web page for any revision or change to this Agreement; no other method of notice will be used by HostOnce.com.

If, after any such revision or change has been made, the Customer decides that they do not wish to be bound by such change it shall be the Customer's responsibility to terminate their subscription as provided for in the Cancellation and Refunds Section of this Agreement. If the Customer does not terminate the Agreement then the Customer's continued use of HostOnce.com's service will be taken as confirmation that the Customer has accepted, and consented to, the revised or changed Agreement.

INFANCY
The Customer attests that they are of legal age in their domicile to enter into this Agreement. In the event that the Customer is not of such age, then HostOnce.com is authorized, at the discretion of HostOnce.com, to terminate this agreement and to cancel the registration of any/all domain names.

PRIVACY STATEMENT
HostOnce.com follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully. Please click here to read the privacy statement.

.US Domain Name Eligibility Requirements:
Any U.S. citizen or resident, as well as any business or organization, including federal, state, and local government with a bona fide presence in the United States can register a .US domain name.

One of the following eligibility requirements must be met:

A natural person (i) who is a citizen or permanent resident of the United States of America or any of its possessions or territories or (ii) whose primary place of domicile is in the United States of America or any of its possessions, or

Any entity or organization that is incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia, or any of its possessions or territories, or

An entity or organization (including federal, state, or local government of the United States, or a political subdivision thereof) that has a bona fide presence in the United States.

HostOnce.com is not responsible for .US domains cancelled by Registrars due to Customers not meeting these requirements.

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