Adtastic Hosting Terms of Service

Adtastic Hosting and Internet Services, LLC Terms of Service

Web Site Hosting,Internet Services and Dedicated and Virtual Dedicated Server Service Agreement (The “Agreement”)

This Web Site Hosting, Internet Services, Dedicated and Virtual Dedicated Server Service Agreement ("Agreement") is by and between Adtastic Hosting and Internet Services, LLC ("Adtastic Hosting"), an Arkansas Limited Liability Corporation, and you, your heirs, assigns, agents and contractors ("You") and is effective as of the date of electronic execution or when you first purchase services from Adtastic Hosting.

You understand and agree that in order to purchase services from Adtastic Hosting you are required to electronically check the "checkbox" on the Adtastic Hosting standard order form at the time of order which states you have read and agree to the Adtastic Hosting terms of service, and that your completed order constitutes acceptance of this agreement in its entirety, and that you cannot complete the purchase of any service from Adtastic Hosting unless you have checked the aforementioned box and agreed in full to this legal agreement, as our system will not allow you to complete the transaction unless the checkbox accepting this agreement has been checked. In addition, each time Adtastic Hosting sends you an invoice this agreement is referenced and a link to it is provided and your payment of the invoice further constitutes your acceptance, agreement and understanding of these terms of service. Your purchase of services from Adtastic Hosting therefore constitutes an electronic signature and acceptance of this legal agreement according to the Electronic Signatures in Global and International Commerce Act (ESGICA), so please read it carefully to fully understand its terms and conditions as this agreement once a purchase has been made by you becomes legally binding. In the event that Adtastic Hosting effects the purchase of services on your behalf and with your permission, you understand and agree that this agreement is still in full effect and force for the purchase of those services the same as if you had made the purchase yourself. In addition, you are notified of this agreement, its importance in relation to the purchase of any services from us, and its binding effect upon any transaction made between you and Adtastic Hosting when you first sign up an account with us and receive our automated email from our computer system which provides a link to this agreement and as well explaining that any purchase of services from us will constitute acceptance of this agreement. Furthermore, each invoice or payment receipt sent by us includes the link to this terms of service.

This Agreement sets forth the terms and conditions of your use of Adtastic Hosting's Web Site Hosting, Various Internet Services, Dedicated and Virtual Dedicated Server services (collectively, the "Services") and represents the entire agreement between you and Adtastic Hosting. By using the Services, you acknowledge you have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including the Universal Terms of Service which Adtastic Hosting may establish from time to time or various additional terms of service as may be related to specific services or products. You understand that these terms of service may be updated from time to time and at such time as they are updated you will be notified by email via a mass email sent to all Adtastic Hosting clients. At such time of notification (or at any time) you have the right to choose to discontinue using the Adtastic Hosting services if you do not agree with the terms and conditions of this agreement as then amended. Should you continue to use the Adtastic Hosting services after timely notification of an amendment or change to the terms of service your continued use will constitute acceptance in full of the then amended or changed terms of service.

In addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this Agreement for transactions entered into on your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account you’ve established with Adtastic Hosting, whether or not the transactions were in your behalf. You also acknowledge that Adtastic Hosting's acceptance of any application made by you for domain name services provided by Adtastic Hosting will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices which are located in Scottsdale, Arizona, USA and/or the corporate headquarters for Adtastic Hosting located at Greers Ferry, Arkansas. In the event you are using ad-supported hosting, you further acknowledge and agree that as adequate consideration for Adtastic Hosting providing you with the Services at little or no cost to You, Adtastic Hosting shall have the right to place certain advertisements on your web site. The advertisements shall generally be based upon the content of your web site and may include, but are not limited to, advertisements of your competitors. If you do not desire such advertisements to be placed on your web site, then you may purchase the Services at Adtastic Hosting's then current rates.

Description of Service

Adtastic Hosting currently provides Internet Related Services to its customers for a monthly fee or a onetime fee depending on the type of service. Although not limited to this list, Adtastic Hosting provides services such as web hosting, web design, Internet marketing, search engine marketing and other Internet related services. For hosting services, Adtastic Hosting will host your web site on Adtastic Hosting's web servers, provided, however, you abide by the terms and conditions set forth herein and in each of Adtastic Hosting's policies and procedures as specified with respect to the service being offered.

You understand and agree that Adtastic Hosting has the right to refuse service to anyone for any reason and to discontinue any service for any reason, with our without cause, without recourse on your part. In such case, the obligation of Adtastic Hosting with respect to any refunds you may consider to be owed or considered due are only in respect to any services not yet rendered but which have been paid for on your behalf but that under the full terms of this agreement Adtastic Hosting is not obligated to refund any monies already paid for services rendered. You understand and covenant and agree that Adtastic Hosting is not obligated in any fashion to refund monies for services already rendered or work already completed by Adtastic Hosting. You understand and further agree that Web Hosting services specifically are non refundable except in the case of our 30 day guarantee during the first month of service. Adtastic Hosting has an excellent reputation amongst its clients. Occasionally we serve a client which simply does not particularly like our style of customer service or for whatever reason is otherwise unhappy with us. We don't get into shouting matches with clients and we will not take verbal abuse from a client. in the event a client is found to be disrespectful to us in our opinion and discretion, we reserve the right to discontinue the clients services without recourse on the part of the client.

License of Your Web Site Content

Adtastic Hosting grants to you, and you accept from Adtastic Hosting, a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your web site content in connection with Adtastic Hosting's performance or enforcement of this Agreement.

Availability of Services

Subject to the terms and conditions of this Agreement, Adtastic Hosting shall attempt to provide the Services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:

1. equipment malfunctions;

2. periodic maintenance procedures or repairs that Adtastic Hosting may undertake from time to time; or

3. causes beyond the control of Adtastic Hosting or that are not reasonably foreseeable by Adtastic Hosting, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

4. Issues with email deliverability, including, without limitation, blocking of IP addresses by ISP's, blacklisting of the IP address usesd for delivering emails, network congestion or other failures.

You agree Adtastic Hosting has no control of availability of the Services on a continuous or uninterrupted basis. In the event of an issue with the availability of a service Adtastic Hosting will do everything within it's power to correct the issue at hand.

You further agree that as a normal course of its business, it may be necessary for Adtastic Hosting to migrate its servers. As a result, even though you may have a dedicated IP, You may be assigned a different IP number. Adtastic Hosting does not warrant that you will be able to consistently maintain Your given IP numbers.

Service Availability Guarantee

Adtastic Hosting offers a service uptime guarantee for the Services of 99.9% ("Service Uptime") of available time. If Adtastic Hosting fails to maintain this level of service availability, you may contact Adtastic Hosting and request a credit of 5% of your monthly hosting fee from Adtastic Hosting for that month. The credit may be used only for the purchase of further products and services from Adtastic Hosting, and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by:

1. periodic scheduled maintenance or repairs Adtastic Hosting may undertake from time to time;

2. errors caused by You from custom scripting or coding;

3. outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email;

4. causes beyond the control of Adtastic Hosting or that are not reasonably foreseeable by Adtastic Hosting ; and

5. outages related to the reliability of certain programming environments.

Total Service Uptime shall be solely determined by Adtastic Hosting and shall be calculated on a monthly basis.

You further understand and agree that your website is being hosted in a shared hosting environment and as such is subject to certain limitations with regard to resource or cpu usage. Any website that is found to be using excessive server resources will be automatically suspended without recourse. In such an event we will notify you of the suspension and provide you with the opportunity to correct your script so that it operates within exceptable resource usage ranges. Failure to correct the issue will result in termination of your services. No refund for service will be offered in such case unless you want to be responsible for our standard hourly charges in bringing the server back online when it crashes because of the excessive resource usage of your script.

FTP Backup

Adtastic Hosting may offer additional features and add on services, such as a FTP Backup option. You acknowledge and agree that purchasing such additional features and add on services may require additional down time to install and maintain. You further acknowledge and agree that in utilizing the FTP Backup option, you shall be subject to a maximum disk usage and bandwidth usage as identified by Adtastic Hosting. Subject to the terms and conditions of this Agreement, Adtastic Hosting shall use commercially reasonable efforts to provide FTP Backup services on a twenty-four (24) hours per day, seven (7) days per week basis throughout the term of this Agreement. You acknowledge and agree that from time-to-time the FTP Backup services may be inaccessible or inoperable for any reason, including without limitation:

1. equipment malfunctions;

2. periodic maintenance procedures or repairs that Adtastic Hosting may undertake from time to time; or

Web Site Content

You shall be solely responsible for providing, updating, uploading and maintaining Your web site and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Services. Notwithstanding anything in this Agreement to the contrary, in the event you are using ad-supported hosting, in no event shall your web site consist of the following: search results, registration, "thank you", error, email or chat pages, pages comprised primarily of other advertising or pages containing any of the following types of content:

1. pornographic, obscene or excessively profane content;

2. content intended to advocate or advance computer hacking or cracking;

3. gambling;

4. illegal activity;

5. drug paraphernalia; or

6. hate, violence or racial or ethnic intolerance.

SSL Certificates

Except as may be limited by specific products or services, any SSL certificate you purchase from Adtastic Hosting or its affiliates to use in conjunction with the Services provided by Adtastic Hosting, is intended for its specific use as described in the Subscriber Agreement and will not be exported from the server to be used with any other web hosting service. If you are using an SSL certificate on a web site hosted by Adtastic Hosting, Adtastic Hosting will generate and securely store a corresponding private key.

For security reasons, at no time will Adtastic Hosting release your private key, even if you request. If you wish to export Your SSL certificate for use on a non- Adtastic Hosting server, you will need to make a request to Adtastic Hosting no earlier than thirty (30) days after your initial SSL subscription began. After your account with Adtastic Hosting has been cancelled, you will have thirty (30) days to follow the registration process of the SSL certificate authority in use for your particular certificate, and request a re-key of the SSL certificate, or Your SSL certificate will become invalid. You further understand and agree that the purchase of an SSL certificate is a non refundable item and that you must notify us at least 30 days in advance of an SSL certificate annual renewal that you do not desire to renew the certificate or it will automatically be renewed on your behalf. Adtastic Hosting will provide you customary and automatic notification in a timely manner of any SSL certificates that are coming up for renewal in order to provide you ample time in which to respond and make any decisions about discontinuing use of an SSL certificate. You understand that Adtastic also makes it very easy for you to discontinue a service simple by pressing a cancellation button next to the service as listed in your control panel at our Client Services site located at www.adtastic.info or by calling us directly at anytime at 501-270-0662 or by sending us an email or opening a support ticket at Adtastic.info. (Some services may not be listed in your control panel and would require you to call us directly)

Information Shared with Partners

As a condition of purchasing and using the Services, you acknowledge and agree Adtastic Hosting may provide your personal information to their partners, as may be required to provide the plans for which you are purchasing. Furthermore, Adtastic Hosting may provide information you provide us such as credit card information and name and address to the Adtastic Hosting Merchant Account processor in order to complete a payment transaction. In such case, Adtastic Hosting will take all reasonable methods to protect your information and Adtastic Hosting will never share your information without your permission to any third party, other than as necessary to complete a transaction with you.

Your Obligations

You acknowledge and agree Adtastic Hosting shall have the right to seek justification in connection with your use of the Services, specifically your purchase of IP addresses or use of email services or website hosting services, and you shall be obligated to provide any and all information reasonably sought by Adtastic Hosting pursuant to such justification. You acknowledge and agree you are required to begin using at least ninety percent (90%) of your purchased IP addresses within thirty (30) days of assignment of such IP addresses to you. In the event you do not begin using at least ninety percent (90%) of your assigned IP addresses, you acknowledge and agree Adtastic Hosting shall have the right to reclaim any unused IP addresses after the expiration of such thirty (30) day period. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois database.

It is your responsibility and obligation to access your Client Account at Adtastic.info and manually cancel any service you purchase from Adtastic Hosting or by calling us at 501-270-0662 or by submitting a support ticket at Adtastic.info.

You represent and warrant to Adtastic Hosting that:

1. Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation;

2. infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and

3. that you own your web site content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site.

You also warrant that the web site being hosted by Adtastic Hosting will not be used in connection with any illegal activity. If you are hosting Your web site on Adtastic Hosting's servers, you are responsible for ensuring there is no excessive overloading on Adtastic Hosting's DNS or servers. In the event you exceed your allotted bandwidth, compute cycles or disk space and thereby overload Adtastic Hosting's DNS or servers, you shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Adtastic Hosting's servers and your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Adtastic Hosting reserves the right to remove sites containing information about hacking or links to such information. Use of Your web site as an anonymous gateway is prohibited. Adtastic Hosting prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Adtastic Hosting. You agree Adtastic Hosting reserves the right to remove your web site temporarily or permanently from its servers if Adtastic Hosting is the recipient of activities that threaten the stability of its network. Further, if You are using ad-supported hosting, you acknowledge and agree Adtastic Hosting has the right to terminate your Services in its sole discretion and for any reason, including, but not limited to, your failure or unwillingness to comply with the terms and limitations of this Agreement, specifically, the content and material restrictions set forth in this Agreement. You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to:

1. disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis, provided, Adtastic Hosting, in its sole discretion, may permit you, if you have a legitimate purpose and after request, to send more email than Adtastic Hosting's standard SMTP relay limit;

2. disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;

3. disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;

4. create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;

5. export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions;

6. interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding your authorization;

7. disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program;

8. engage in any other activity deemed by Adtastic Hosting to be in conflict with the spirit or intent of this Agreement or any Adtastic Hosting policy; or

9. use your server as an "open relay" or similar purposes.

Adtastic Hosting prohibits the running of a public recursive DNS service on any Adtastic Hosting server. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. Adtastic Hosting actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction.

Storage and Security

At all times, you shall bear full risk of loss and damage to Your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of your password and account information. You agree you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the Site or any of your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to:

1. prevent any loss or damage to Your web site content;

2. maintain independent archival and backup copies of Your web site content;

3. ensure the security, confidentiality and integrity of all Your web site content transmitted through or stored on Adtastic Hosting servers; and

4. ensure the confidentiality of Your password.

Adtastic Hosting's shared hosting servers are not an archive and Adtastic Hosting shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be considered as one unless you are specifically purchasing PCI Compliant web hosting services from Adtastic Hosting and have a PCI Compliant certificate provided from Adtastic Hosting. Adtastic Hosting shall have no liability to you or any other person for your use of the Services in violation of these terms. You shall at all times use the Services as a conventional and/or traditional web site. You shall not use the Service in any way, in Adtastic Hosting's sole discretion, that shall impair the functioning or operation of Adtastic Hosting's Services or equipment. Specifically by way of example and not as a limitation, you shall not use the Services as: (i) a repository or instrument for placing or storing archived files; and/or (ii) placing or storing material that can be downloaded through other web sites. You acknowledge and agree that Adtastic Hosting has the right to carry out a forensics examination in the event of a compromise to your server or account.

If you purchase MS SQL or Managed Backups, You hereby authorize Adtastic Hosting to log into Your server for purposes of installing and configuring the software.

In the event you terminate services, moving your web site off of the Adtastic Hosting shared hosting servers is your responsibility. Adtastic Hosting, although we may do so is not obligated to transfer or FTP your web site to another provider. In the event your use of the Services is terminated by Adtastic hosting, Adtastic Hosting will not transfer or manage your Services or your web site content and Adtastic Hosting is not obligated to provide or maintain backup copies of your web services.

Although we are not obligated to maintain backups of your web hosting files we do maintain a nightly backup of all server files. If your hosting service has expired for non-payment or other reason we may also archive your web files for a period of time at our discretion. In such an event and where there is determined we will make your files available there will be a standard recovery fee of $75 to compensate us for time spent pulling your backup and restoring your files in addition to any past due fees or arrears.

Adtastic Hosting Anti-Spam Policy

Adtastic Hosting and Internet Services, LLC does not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and. Customers suspected to be using Adtastic Hosting products and services for the purpose of sending spam are fully investigated. Once Adtastic Hosting determines there is a problem with spam, Adtastic Hosting will take the appropriate action to resolve the situation.

How We Define Spam

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications from the sender. This can include, but is not limited to, the following:
Email Messages
Newsgroup postings
Windows system messages
Pop-up messages (aka "adware" or "spyware" messages)
Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
Online chat room advertisements
Guestbook or Website Forum postings
Facsimile Solicitations

What We Allow and Don't Allow
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by Adtastic Hosting's no spam policies. You must also protect your email logins and passwords from compromise. You are responsible for all email sent through your account even if it has been compromised and is used by others or is used via web scripts. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have already "opted-in" to receive messages from the sender specifically. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by Adtastic Hosting, conclusive proof of opt-in may be required for an email address or fax number.
What We Do
If Adtastic Hosting determines the services in question are being used in association with spam, Adtastic Hosting will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period of no less than two (2) days. The registrant or customer will be required to respond by email to Adtastic Hosting stating that they will cease to send spam and/or have spam sent on their behalf (or in the case of their account having been compromised that they have found and corrected the problem, including changing their passwords. Adtastic Hosting will require a non-refundable reactivation fee of $75 to be paid before the site, email boxes and/or services are reactivated. Should Adtastic choose to waive or not charge this fee this does not imply a waiver of any of our other rights under this agreement.
In the event Adtastic Hosting determines the abuse has not stopped after services have been restored the first time, Adtastic Hosting may terminate the hosting and email boxes associated with domain name in question. To Report Spam Abuse: We encourage all customers and recipients of email generated from our products and services to report suspected spam. Reports can be made via a support ticket at adtastic.info.
You acknowledge you have read, understand and agree to be bound by Adtastic Hosting’s Anti-Spam Policy as stated above. You agree Adtastic Hosting may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay Adtastic Hosting liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

Managed Dedicated Hosting Services

In the event You elect to purchase Adtastic Hosting 's Managed Dedicated Hosting Plan, the following terms and conditions shall apply to your use of and Adtastic Hosting's obligations in connection with providing the Managed Dedicated Hosting Plan (collectively, the "MDH Services").

Subject to the terms and conditions of this Agreement and each of Adtastic Hosting's policies and procedures, Adtastic Hosting shall use commercially reasonable efforts to attempt to provide the MDH Services on a twenty-four (24) hours per day, seven (7) days per week basis for the duration of the MDH Services purchased. You acknowledge and agree that from time-to-time the MDH Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Adtastic Hosting may undertake from time to time; or (iii) causes beyond the reasonable control of Adtastic Hosting or that are reasonably unforeseeable by Adtastic Hosting, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

You acknowledge and agree Adtastic Hosting has no control over the availability of the MDH Services on a continuous or uninterrupted basis.

Adtastic Hosting's Rights

Adtastic Hosting explicitly reserves the right and sole discretion to:

1. modify its pricing, if desired by Adtastic Hosting ;

2. establish limits and guidelines concerning the use of the MDH Services;

3. terminate Your use of the MDH Services for use of the MDH Services to unnecessarily or illegally harass Adtastic Hosting or third parties, non-payment of fees for the MDH Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Adtastic Hosting, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Adtastic Hosting determines, in its sole discretion, to be harmful to its other customers, operations, or reputation;

4. terminate Your use of the MDH Services if your use of the MDH Services results in, or is the subject of, legal action or threatened or proposed legal action, against Adtastic Hosting or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and

5. terminate Your use of the MDH Services at any time and for any reason if deemed reasonably necessary by Adtastic Hosting.

Adtastic Hosting has no obligation to monitor your use of the MDH Services, but reserves the right in its sole discretion to do so.

Charges for Custom MDH Services

When Adtastic Hosting determines requested assistance falls out of the scope of the basic MDH plan, charges shall apply for your use in the form of Custom Support Services (hereinafter referred to as "CSS"), and Adtastic Hosting shall charge you for your use of the CSS on a thirty (30) minute incremental basis. Furthermore, when Adtastic Hosting determines a fee will be assessed for your use of the CSS, Adtastic Hosting reserves the right to charge any or all of the fees prior to the commencement of any work being performed. The current prevailing hourly rate is $59 per hour and is subject to change at any time, with or without notice.

Free Website Design Services with Hosting

From time to time Adtastic may offer free website design services in exchange for your purchase of an annual hosting plan with our online website designer or in the case of an upgrade of our online website designer we may offer to transfer your website into the new system at our expense in exchange for your purchase of an annual hosting plan on the newly upgraded service. Considerable time and expense is spent on our part to build or transfer your website into the system and we only do so in exchange for the annual hosting plan. You covenant and agree that should you cancel your hosting service on a plan where we have transferred or built your website using our online website builder anytime during the first year there is no refund of your annual hosting payment except in the case of our 30 day money back guarantee during the first 30 days of service.

Search Engine Marketing Services

Search engine marketing and including but not limited to associated services such as website optimization, split-testing and web analytics is a time intensive and complex endeavor. Adtastic makes its best effort to provide a quality service regardless of your budget and it is customary that we generally expend more hours on a client project of this type than we actually bill for considering our standard rate of $79 per hour, which may include email and phone consultations, client education and tutoring, research, preparation and transmission of materials. If you have purchased a search engine marketing plan from Adtastic you understand and agree there are no guarantees of performance, that the completion of the plan will increase your business or sales or that you will be found at the top of major search engines for any and all instances of relevant searches related to your service, business or product(s) and that there are no refunds for any months of service prepaid and already passed. The only refund available is our 30 day unconditional guarantee and for any months prepaid but not yet reached. Adtastic will apply best practices according to industry standards and our considerable experience and it is reasonable to assume our efforts will cause your search engine rankings to increase and that you will be found on the first page of major search engines for relevant search terms. Once a search engine marketing plan is completed, regardless of the outcome you understand and agree that Adtastic is not liable to you for any perceived or actual loss of income, loss of website traffic, failure to rank on the first page of any search engine for any search term or keyword or any other expectations of benefit or service and that regardless of the services we perform Adtastic has no control over whether anyone will actually visit your website or purchase anything from you. You also understand and agree any and all work provided by Adtastic from the point of the execution of a search engine marketing plan is valuable and of benefit to the you, regardless of the length or term of such work or this agreement. However it is mutually agreed upon that both parties have a vested interest in the success of your plan and therefore it is both the intent and desire by both parties that the relationship is rewarding well beyond the term of any initial agreement.

Third-Party Software

Additionally, in the event you elect to install or seek assistance from Adtastic Hosting in connection with the installation of any third-party software, the following terms shall apply. You represent and warrant you have the right to use and install the third-party software, and have paid the applicable licensing fees for the third party software, and the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity. You agree to defend, indemnify and hold harmless Adtastic Hosting and its employees, officers and directors for, from and against any and all claims brought against Adtastic Hosting and its employees, officers and directors by a third-party alleging the software infringes: (i) the third-party's rights; or (ii) a U.S. patent, trademark, copyright or other intellectual property right. You agree that in such an event You shall pay all resulting costs, damages, expenses and reasonable attorneys' fees that a court awards and settlements incurred by Adtastic Hosting in connection with any such claims.

If you purchase MS SQL or Managed Backups, You hereby authorize Adtastic Hosting to log into your server for purposes of installing and configuring the software.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. Adtastic Hosting, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Adtastic Hosting, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND Adtastic Hosting ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Adtastic Hosting, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Adtastic Hosting, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Adtastic Hosting IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall Adtastic Hosting’s total aggregate liability exceed the total amount paid by you for the particular Service(s) that ARE the subject of the cause of action. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

INDEMNITY

You agree to protect, defend, indemnify and hold harmless Adtastic Hosting and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Adtastic Hosting directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the corporate policies and/or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

FEES AND PAYMENTS

You agree to pay any and all prices and fees due for Services purchased at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Adtastic Hosting expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site or other sites Adtastic manages, and effective immediately without need for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal. Where refunds are issued, Adtastic Hosting's issuance of a refund receipt is confirmation that Adtastic Hosting has submitted your refund to the Payment Method charged at the time of the original sale. You acknowledge and agree that the associated payment provider and/or individual issuing bank establish and regulate the time frames for posting your refund. Refund posting time frames may range from five (5) business days to a full billing cycle. Adtastic Hosting provides very clear and simple steps for you to cancel any service provided by us. Once a service is rendered, if you are not satisfied with the service as provided by Adtastic Hosting we make it very easy for you to contact us and discuss the service and we work hard to satisfy each and everyone of our customers in every situation. It is extremely rare therefore for us to have a complaint from a customer with regard to any of the services we provide. We require at least 50% payment in advance of major projects such as web design, search engine marketing programs and web analytics except in such case as otherwise disclosed such as monthly marketing programs. In any event, payments are due upon the generation of an invoice, according to the terms specified in the invoice. On the rare occasion in which Adtastic commences a project or work based upon your agreement for us to commence the project or work and we have not yet received the initial payment and the payment is invoiced, the payment is due and payable even if you subsequently decide for any reason not to use our services. It is only fair that you pay us for our time and involvement once you have agreed to use our services and we have performed work on your behalf even though you may later decide not to continue. You understand and agree that if you hire us to perform work on your behalf and later decide not to continue that you will be responsible for and pay the initial required deposit as invoiced by us and that if you fail to do so we have the legal right to exercise all legal means to collect said debt.

CREDIT CARD CHARGEBACKS

If you place a chargeback with your credit card company (on purpose or by mistake) for any order that you placed and received from Adtastic Hosting, we will respond vigorously. If we are not notified by our provider in a timely manner and you win the chargeback by default as may occur in some instances, your default win does not necessarily constitute our acceptance of the chargeback if we have not responded and does not preclude us from seeking judgment against you via any other means or remedy available to us under law. Adtastic Hosting does not tolerate credit card fraud, and all fraud, including chargebacks for services already received in which you have not contacted us prior to initiating the chargeback to attempt a resolution or refund, and without exception chargebacks will be prosecuted to the full extent of the law. In addition, we may pursue civil legal action seeking any loss of income related to the fraud or chargeback, including business, legal fees, research costs, employee down time and loss of revenues. Adtastic Hosting considers credit card charge backs to be fraud if you have made no reasonable effort to work with us to resolve any problems with your purchase, especially considering that our services generally involve considerable investment in time and expense by us and are usually already rendered at the time of a chargeback. In addition, because of the nature of our business, such as providing web hosting and search engine marketing, often services are rendered that will continue to benefit you and cannot be undone by us. Your chance of winning in a court of law is likely to be severely diminished if not non existent if you have no documentation of having made any contact with us prior to initiating a chargeback against us for services received by us and yet we can provide documentation of having duly provided the service contracted for, especially in the event of services that will continue to benefit you and cannot be undone (such as search engine marketing). All frivolous chargebacks not only cost our employees time away from our usual and customary matters of conducting normal business, but cost us money, therefore: In the event that you place a charge back with your credit card company for services already received Adtastic Hosting will attempt to recover these disputed charges plus additional costs via any legal means necessary, including but not limited to a third-party collection agency and your account may be reported to all credit bureaus as a delinquent collection account. This may severely damage your credit rating for at least the next seven (7) years. At this point, we will only accept payment in full to settle the account. We log IP strings on all orders and as well we have sophisticated tracking measures to track the origination of all orders and the path a visitor takes through our websites to reach our order form and complete an order with us. We also maintain strict records on every customer including all emails ever sent to or received by the customer, all work we have performed for the customer and other records to document our work. If you have not contacted us directly to dispute a charge or to inform us of your dissatisfaction with a service we have provided and you initiate a chargeback you not only will not have much of an argument of defense but can be assured we will have ample evidence to both prove the charge and that your chargeback is likely theft of service. Any chargeback made in this manner will be diligently pursued for prosecution to the fullest extent of the law.

SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

U.S. EXPORT LAWS

This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

COMPLIANCE WITH LOCAL LAWS

Adtastic Hosting makes no representation or warranty that the content or services available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY

Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above, this Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Arkansas, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Cleburne County, Arkansas or where Adtastic Hosting, LLC so chooses, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Cleburne County, Arkansas or where Adtastic Hosting, LLC so chooses. You further agree and covenant to waive the right to trial by jury in any action or preceding that takes place relating to or arising out of this Agreement.

TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall for all purposes be construed to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

Adtastic Hosting Legal Department

PO Box 112 Greers Ferry, AR 72067