This Web Hosting Agreement ("Agreement") is between HostKing ("HostKing"), and the person (individual or legal person) who orders services form HostKing (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of HostKing's Web hosting service.

PLEASE READ THIS AGREEMENT CAREFULLY.

BY AGREEING TO OUR TERMS OF SERVICE AND ACCEPTABLE USE POLICY ON THE ACCOUNT SIGNUP FORM, SIGNING UP, COMMUNICATING WITH US, PAYING FOR AND/OR USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE CONDITIONS AND TERMS OF THIS AGREEMENT, OUR ACCEPTABLE USE POLICY, AND OUR PRIVACY POLICY.

Services

Subject to the terms of this Agreement, HostKing agrees to provide the web hosting services described in the Order for the fees stated in the Order.

Term

The initial service term of the Agreement shall begin on the date that HostKing generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of the same length as the Initial Term (each a "Renewal Term") unless HostKing or Customer provides the other with written notice of non-renewal at least fifteen (15) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."

Payments

Fees are payable in advance from three (3) days prior to the beginning of, to the first day of a new billing cycle. Customer's billing cycle shall be monthly or annually as indicated on the Order, beginning on the Service Commencement Date. HostKing may require payment for the first billing cycle before beginning service.

Payments must be made in European euros (Euro). Customer is responsible for providing HostKing with changes to billing information. HostKing may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay HostKing's reasonable reinstatement fee following a suspension of service for non-payment, and to pay HostKing's reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

Fee Increases

HostKing may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms.

Taxes

At HostKing's request Customer shall remit to HostKing all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on HostKing), regardless of whether HostKing fails to collect the tax at the time the related services are provided.
Termination
Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable.  All payments to HostKing are non-refundable, this includes all subsequent monthly recurring charges and one time fees.

Law/AUP

Customer agrees to use the service in compliance with applicable law and HostKing's Acceptable Usage Policy (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that HostKing may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of HostKing's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with HostKing's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between HostKing and Customer regarding the interpretation of the AUP, HostKing's commercially reasonable interpretation of the AUP shall govern.

Customer Information

Customer represents and warrants to HostKing that the information he, she or it has provided and will provide to HostKing for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to HostKing that he or she is at least 18 years of age.

Indemnification

Customer agrees to indemnify and hold harmless HostKing, HostKing's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

Disclaimer of Warranties

HOSTKING DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW HostKing DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF HOSTKING AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

Suspension/Termination

1. Suspension of Service
Customer agrees that HostKing may suspend services to Customer without notice and without liability if: (I) HostKing reasonably believes that the services are being used in violation of the AUP; (II) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (III) HostKing reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (IV) as requested by a law enforcement or regulatory agency. Customer shall pay HostKing's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection. It remains the sole discretion of HostKing if an account is eligible for reinstatement.

2. Termination
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if HostKing fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by HostKing prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (I) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (II) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from HostKing describing the violation in reasonable detail; (III) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (IV) upon one (1) days notice if Customer violates Section (Customer Information) of this Agreement.

Cancellations and Money Back Guarantee

1. Cancellations
Customer is free to cancel their account at any time with written statement. Similarly, HostKing reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.

2. Money Back Guarantee
If an account with a 30 day money-back guarantee is purchased and canceled within 30 days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Billing Team. Refunds made for a 30 day money-back guarantee will not include domain registration fees, setup fees, or any fees for additional services that are purchased in the first 30 days.

Money back guarantee only applicable to those products and services that specified with this offer. Any other products or services with no specification in money back guarantee are not entitling to any money back or refund. Under the money back guarantee, only first-time accounts are eligible for a refund.

Requests for Customer Information

Customer agrees that HostKing may, without notice to Customer, (I) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that HostKing believes violates applicable law, and (II) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Back Up and Data Loss

Customer agrees to maintain a current copy of all content hosted by HostKing notwithstanding any agreement by HostKing to provide back up services.

Changes to the HostKing Network

Upgrades and other changes in HostKing's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. HostKing reserves the right to change its network in its commercially reasonable discretion, and HostKing shall not be liable for any resulting harm to Customer.

Notices

Notices to HostKing under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://www.HostKing.info. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

Force Majeure

HostKing shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond HostKing's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent.

Right to Refusal with Out Cause

HostKing may refuse to accept any customer or any website for participation in the HostKing hosting network as determined by HostKing at its sole discretion.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.