The following is the entire Acceptable User Policy ("AUP") agreement between Host Department LLC ("Host Department") and the personal or corporate account holder ("YOU/YOUR/Customer").

Host Department provides World Wide Web Hosting, Marketing, and Development. Host Department has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services.

Host Department general policy is to act as a provider of Internet presence. Host Department reserves the rights to suspend or cancel a customer's access to any or all services provided by Host Department when we decide that the account has been inappropriately used.

Host Department will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password theft, security hole scanning, etc.

Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to Host Department, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE - Host Department has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Host Department to be unacceptable use of our services including abuse of server resources.

WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.

Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Host Department will not tolerate any form of storage space abuse. At least 90% of YOUR web pages ("HTML") must be 'linked' with files (GIF, JPEG, etc.) stored on Host Department servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation at the discretion of Host Department LLC Management ("MANAGEMENT"), with or without prior notice.

Host Department reserve the rights to terminate any account found to contain file streaming such as audio, radio and video streams (AVI, MPG, MPEG, MOV, MP3, PODCASTS, etc) This violated occurrence will be notified by our content auditing team and you will be given 24 hours to backup your files. Should the problem presisted within the allotted time period, the files will be deleted. For more information regarding File Storage, refer to our FILE-SERVER AUP.

If YOU do not qualify for the unlimited service, disk space will go unmonitored until YOU reach the amount allocated to YOUR specific web hosting plan ("PLAN"). Thereafter, normal website data storage costs $0.20/1MB/month will be billed to YOUR account. If you want to pre-pay for disk space overages, you will be billed $0.10/1MB/month.

YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or Host Department has the sole decision to deactivate any and all servers.

Host Department will be the sole arbiter as to what constitutes a violation of this provision.

The intention of Host Department is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.

If YOU do not qualify for the unlimited service, traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to YOUR account. If YOU want to pre-pay for bandwidth overages, YOU will be billed $5.00/1GB/month.

YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or Host Department has the sole decision to deactivate any and all servers.

Host Department will be the sole arbiter as to what constitutes a violation of this provision.

Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail, and will likely result in account cancelation.

Host Department takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to $25 per unsolicited email message sent and delete YOUR account with any prior notice.

The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.

NOTE - If YOU use the services of another provider to promote a website hosted by or through Host Department LLC ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

(2.) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS - Host Department endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ("unavailability") is defined as 100% packet loss from Host Department to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Host Department's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Host Department NOC. Host Department's administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the Host Department network.

(3a.) SHARED HOSTING CREDITS - In the event that YOUR website is unavailable for less than 100%, Host Department will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.

Monthly Uptime Credit:

(3b.) MANAGE DEDICATED SERVERS - For managed dedicated server Customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the Customer's services during the month and the calculated actual level of availability of the Customer's services, multiplied by the actual charges incurred by YOU for the services during that monthly period. In addition, for managed dedicated servers, YOU may be entitled to additional credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to exceeding 25% of the monthly service charge for the affected month.

In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) days after YOU experienced the downtime. You must request credit by sending an e-mail message to billingsupport@hostdepartment.com. For security, the body of this message must contain YOUR account number, the dates and times of the unavailability of YOUR website, and such other customer identification requested by Host Department. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to YOUR account shall be YOUR sole and exclusive remedy in the event of an outage.

(4.) RESTRICTIONS - Credit shall not be provided to YOU in the event that you have any outage resulting from:

IMPORTANT NOTE! The free domain received for annual payment or more will be charged when you claim for 30 Days Money Back Guarantee.

Host Department provides a 24x7x365 technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our H-Sphere control panel interface, servers within our immediate responsibility and any other hosting related issues.

However, in under no circumstances is Host Department neither obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any EasyApps applications that are installed through the H-Sphere control panel interface are installed as directed.

Host Department also do not provide any third party technical support assistance for any Resellers' immediate customers. Customers of the Reseller should contact the Reseller directly.

The No Limit plans that Host Department provides allows YOU to host unlimited domain names on conditions that YOUR domain names are registered under a single ownership name and that the registrant and administrator emails and address matches on every domain names that YOU own.

Host Department will remove a domain name that is found to be under a different ownership name and/or administrator email and/or address from the one that is originally registered by YOU without any prior notice.

Host Department installed and provides special file-servers in our network infrastructure for YOUR benefit as a means of storage for electronic files and applications that are not dynamically generated and is downloadable in nature. Files such as MP3, AVI, MID, MIDI, MPG, MPEG, MOV, ZIP, RAR, EXE and anything else we deemed as downloadable and not dynamically generated scripting languages are to be stored within these file-servers, away from the web-servers. This Policy does not apply for image files formats such as JPG, JPEG, GIF, PNG, and BMP.

In addition, all electronic files stored within Host Department’s file-servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion without any further notifications.

File-servers will not be backed up. YOU are advised to have YOUR own backup locally or elsewhere other than within the Host Department's servers. If YOU are found to not adhere to this Policy, the offending material(s) will be deleted from YOUR hosting account without any prior notice.

This service is only available for Host Department's SHARED-HOSTING customers.

All of Host Department's PLANS are backed by a 30-day money back guarantee. If YOU are not completely satisfied with our services or support within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation.

If YOU cancel, the full contract amount less any setup fees and overages will be refunded if Host Department is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to a PayPal account made available by the Customer after the 120th day. In such circumstances the customer should provide the photocopy of the driving license from the registered admin email account to prove ownership. Refund policy will not be made available to Customers using wire transfers.

All account cancelations must be done via our cancelation form at YOUR hosting account control panel. Phone or email requests will not constitute acceptance of any cancelation.

Host Department may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.

Additionally, Promotional programs such as, and not limited to, Credit-Card Cashback will be judged upon as a discount given to YOU by Host Department, and hence be omitted out from calculation of Host Department's refund policy.

"Any web hosting credits given to YOU are not redeemable or transferrable to cash payments."

YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:

YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.

YOU expressly

Host Department shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Host Department. Host Department reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

YOU agrees to pay Host Department prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Host Department price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. Host Department reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Host Department to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Host Department) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Host Department as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Host Department will reinstate YOUR domain name registration solely at Host Department discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Transfer domain registrar to Host Department
YOU agrees to pay Host Department prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Host Department price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:

Host Department reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Host Department to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Host Department) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Host Department as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Host Department will reinstate YOUR domain name registration solely at Host Department discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Transfer domain registrar away from Host Department
Host Department reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:

YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Host Department will not be held liable for the failure of a domain name transfer for any reason.

Host Department reserves the right to refuse service to anyone. YOU may only use Host Department server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of Host Department management.

If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Host Department may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.

Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Fremont, California, and any dispute will be litigated or arbitrated in Fremont, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL HOSTDEPARTMENT.COM'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD HOSTDEPARTMENT.COM HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST HOSTDEPARTMENT.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 YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS HOSTDEPARTMENT.COM AGAINST LIABILITIES ARISING OUT OF: