HostPC Internet Services (herein referred to as "HostPC") provides Internet World Wide Web page hosting and e-mail services. HostPC has certain legal and ethical responsibilities regarding the use of its computer network and equipment involved in these services.

HostPC's general policy is to act as a neutral provider of access to the global Internet. HostPC has specific ethical concerns regarding the use of its computers detailed below. HostPC reserves the right to suspend or cancel a customer's access to any or all services provided by HostPC should HostPC deem that the account has been inappropriately used, even for events that are not specifically outlined in this document.

HostPC reserves the right to revise its policies at any time.

HostPC Internet Services (HostPC) provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available

Specific Acceptable Use Policies

Content

All services provided by HostPC are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless HostPC from any claims resulting from the subscriber's use of HostPC's services which damages the subscriber or any other party.

Note: Pornography and sex related merchandising are prohibited on any HostPC server. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to HostPC servers or any other server on the Internet. Links to such materials are also prohibited.

We do not allow HYIP related websites on either hosting or reseller accounts. Any HYIP or PONZI related websites will be immediately deleted from the server, without notice.

• Examples of prohibited content or links include (but are not limited to): IRC Software
• Pirated software
• Hacking programs or archives
• Warez Sites
• Distribution of music files or any other material in which the account holder does not own the copyright.
• Adult Sites
• Game Servers (dedicated game server programs)

HostPC will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

• IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.
• Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
• PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.
• PHP or CGI Shell - PHP/CGI Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
• AWStats - Due to numerous security issues with this software, AWStats software is forbidden on HostPC servers at any time.
• ShoutCast Servers / Shoutbox scripts - We do not allow Shoutcast Servers due to bandwidth and load issues. This includes ALL shoutcast, shoutbox and related scripts.

Commercial Advertising - Email

We at HostPC are proud to support responsible commerce on the Internet - this is represented in our service offerings and unparalleled support. However, it has become apparent that the same environment that has helped this trend take off has also contributed to numerous cases of fraud and abuse of network resources.

In particular, "spam" has proven to be a major problem for many of our customers and the Internet at large. Spam is a common slang term referring to the sending of unsolicited email, instant messaging, or other communication to a large group of people at once. Variations on this practice include off topic (and usually promotional) messages on bulletin boards, guestbooks, Usenet newsgroups, or chat rooms.

Spam is strictly against our Terms and Conditions, and will result in the immediate disablement without refund of any customers who are found to have used spam in conjunction with their HostPC account.

The following policy dictates in specific terms what is considered acceptable use of bulk email by HostPC:

Subscriptions

1. Mailing list subscribers must specifically opt-into the list they are subscribed to. This applies to both new subscriptions and the bulk addition of addresses already subscribed via other means. Confirmation is handled using a single confirmation message sent to the subscriber's email address. This mailing must contain a URL to the site's privacy policy, a brief description of the mailing list, and a URL that the user must follow to confirm the subscription.
   
2. Mailing list subscriber information must include the date and time that the subscription was confirmed, as well as the IP address of the subscriber at the time of the subscription. The user must be able to present this information as requested, at HostPC's request. The account holder agrees to furnish this information within 24 hours to HostPC to allow HostPC to defend itself from potential blacklisting. Failure to provide this information, as requested, may result in account suspension.
   
3. The nature of email address use must be fully disclosed, either on the page the subscription is made from or with a prominent link to (your) site's Privacy Policy. It must be made reasonably clear how a user's email address will be used and in what circumstances it will be shared.
   
4. Lists cannot be procured from outside parties unless the email sender has procured a list from an organization that sells or otherwise shares email distribution lists, and all of the following conditions are met:
   
   1. The selling organization maintains a publicly viewable privacy policy disclosing that such sales may occur.
      
   2. The privacy policy is prominently linked to from the page the subscriber signed up from.
      
   3. The privacy policy has not changed substantially since the user signed up.
      
   4. Records are kept of the date, time, IP address, and form location where the subscribing user signed up from.
      
   5. Lists procured from outside parties must have been consistently handled in a manner comparable to HostPC's policies.
      
   6. Users cannot populate lists with addresses obtained for a substantially different purpose than was originally disclosed to the user.
      
   7. All subscriptions must be re-confirmed in the manner described in Subscriptions (above) before being sent bulk email messages.

Mailing Practices

1. Users must not modify the headers of any message in such a way that purposefully obfuscates the origin of the message.
   
2. Undeliverable addresses must be removed from all future mailings after no more than 5 bounces.
   
3. Users are responsible for the practices of any affiliate program members they solicit the help of, as if they were hiring an outside advertising agency.
   
4. Users using either outside advertising companies or 3rd party mailing programs must abide by the same policies and practices as those using HostPC's own bulk mailing list tools.
   
5. All mailings must provide clear and simple to follow instructions for opting-out of future mailings, and all reasonable attempts must be made to facilitate the removal of a mailing list subscriber at their request. This must be included in EVERY MAILING. Bulk messages sent to BCC's (Blind Carbon Copies) where the recipient is NOT identified are forbidden.

Spamware

1. It is strictly prohibited in conjunction with your HostPC account to sell software designed specifically to facilitate the practice of spamming, phishing or pharming.

Other

1. Predominately promotional messages must not be posted to bulletin boards, discussion forums, guestbooks, Usenet newsgroups, or any other similar service unless the operator of that service explicitly allows such messages. In the case of Usenet newsgroups, such messages must be specifically allowed in that group's charter.

Suspensions

1. HostPC reserves the right to disable any account at any time should it feel there is a reasonable suspicion that it is being used in conjunction with the practice of spamming, "phishing" or "pharming".
   
2. Customers must substantially address all spam related inquiries by HostPC personnel within 24 hours. Failure to respond may result in the supsension of the user's account.

By following these guidelines and respecting the privacy of your visitors, you can gain much from the responsible practice of commerce online. Of course, should you have any questions regarding the proper way to use bulk email with your web site, please contact us for more information.

Server Abuse

Any attempts to undermine or cause harm to a HostPC server or subscriber of HostPC is strictly prohibited including, but not limited to:

• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others. All sub-networks of HostPC and all dedicated servers must adhere to the above policies.

Scheduled Maintenance and Downtime

HostPC will use all reasonable efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond HostPC's control or which are not reasonably foreseeable by HostPC, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures.

HostPC will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. HostPC has no responsibility for downtime resulting from a user's actions.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@hostpc.com.

Credit card refunds will be posted for FULL months only, with the exception of plans including a 30 day money back guarantee (shared hosting only) when an account is cancelled. Dedicated servers are not included for the 30 Day Money Back Guarantee. Notice of cancellation must be given before the month in question begins. Setup fees, domain registrations and add-on extras ARE NOT REFUNDABLE FOR ANY REASON.

Any violation of HostPC's Terms of Service Agreement shall result in no refund.

Limitations on Use

Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.

Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.

Background Processes. Unauthorized background processes shall result in immediate termination of the account. HostPC maintains the right to cancel accounts at its discretion.

Account Setup, Termination, and Billing

All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. Once the customer signs up at that rate, that rate is guaranteed to renew at the same price for as long as that account remains in good standing.

HostPC reserves the right to change prices at any time.

Payment is due each anniversary month or period following the date the account was established. Any account not brought current within three days of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies HostPC in writing for a request for termination of services.

Checks returned unpaid (NSF) will be assessed a $20 charge in addition to the amount of the check.

If a chargeback is issued for hosting fees, for ANY reason, client agrees to pay a $59 service fee and reverse the chargeback with their bank before site will be restored or backup data is released.

All payments are to be made in U.S. currency.

Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by HostPC and cleared by our bank.

Overdue Accounts

HostPC attempts to contact all customers when invoices are pending. It is critical that you keep email addresses up to date in your account.

Invoices are considered overdue the day AFTER the anniversary date of the account (Monthly or Yearly). At this point, the account is not in "good standing" and will not be eligible to renew at discounted rates. Any "double" packages will be lost. New quotas will correspond to the new package ordered.

The steps we may take with overdue hosting accounts (not domain name registrations):

1. We attempt to contact the customer via Email prior to due date, and the day AFTER due date.
   
2. Invoices not paid within 48 hours may result in site suspension. At this point, the account is not in "good standing" and will not be eligible to renew at discounted rates. Any "double" packages will be lost. New quotas will correspond to the new package ordered.
   
3. Invoices not paid within 20 days will be cause for account termination. When this happens, ALL data is removed from the servers, including any backup copies we have. You will need to sign up as a new customer if your account is cancelled.
   

For domain registration customers, all accounts are handled and billed by Enom.com For the first 15-20 days after domain name expiration, the account can be reinstated with payment via Paypal to . The rate is the current posted rate for 1 year renewals (currently $9.99) plus a $5.00 processing fee.

After 20 days, Enom may put your domain into "Redemption Period". At that point, recovery fees have been in excess of $175.00. These are Enom's rates, not ours.

Payment Receipts

All clients are advised to keep a copy of their payment receipts. It proves you own your account, and may be requested at various times in our helpdesk system. Only the authorized holder of the payment receipt will be given passwords or usernames to your account. We won't release the information any other way.

Cancellation Procedure

Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

Courtesy Services for Customers

All services such as backup, DirectAdmin, Installatron and others are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. HostPC is not responsible for lost data or for lost data due to third party software that is not maintained by HostPC programming staff. (DirectAdmin is not associated with HostPC)

Limitation of Damages

Recovery of damages from HostPC may not exceed the amount of fees it has collected on the account.

General

Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and HostPC.

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by HostPC administrators without prior notice.

All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.

The 30-day money back guarantee does not pertain to Virtual Dedicated and Full Dedicated server plans.

Any violation of these Terms of Service will result in termination of the account. HostPC maintains the right to terminate accounts without prior notification.

GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF NEW YORK STATE AND THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN SCHENECTADY COUNTY NEW YORK AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

INFANCY. You attest that you are of legal age to enter into this Agreement. We will not knowingly provide service to any user under the age of 13.

ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Terms of Service (addendum) for Dedicated Server Customers

1. Bandwidth pricing and measurement frequency is subject to change at HostPC's discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance.
   
2. HostPC is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, HostPC Internet Services, or HostPC's upstream providers.
   
3. Customer agrees that dedicated server payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue service with HostPC mid-way through the term.
   
4. Hardware upgrades will be performed by HostPC or it's current datacenter and shall incur an additional one-time labor fee of $65 as well as an increase to Customer's standard monthly rate.
   
5. HostPC reserves the right to alter the dedicated server packages advertised on its website at its discretion. HostPC is not required to upgrade Customers' hardware or bandwidth allocation as a result of a pricing or service package change.
   
6. These are unmanaged servers and as such Customer is responsible for keeping the security of their system up to date. This includes but is not limited to the following requirements:
   
   1. the kernel will be patched within 10 days of any announced security hole relating to the kernel
      
   2. any security patches for all installed software must be applied within 10 days of their general announcement to the security community at large.

HostPC is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. HostPC reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of our network.

Registration Agreement (for domain registration)

1. AGREEMENT. In this Service Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our" refer to HostPC and "Services" refers to the services provided by us as offered through HostPC or our associates, the Registration Service Provider ("RSP"). This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such Services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.
   
   
2. SELECTION OF A DOMAIN NAME. We cannot and do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and indemnify us.
   
   
3. FEES, PAYMENT AND TERM. As consideration for the services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable unless we provide otherwise. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the Domain Name Registration Agreement ("Registration Agreement"), represents that the statements in its application are true and that the registration of the selected Domain Name, so far as the Registrant is aware, does not interfere with or infringe upon the rights of any third party. The Registrant also represents that the Domain Name is not being registered for any unlawful purpose.
   
   
4. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement, Section 20. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this agreement, Section 20. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You further agree to abide by the ICANN Uniform Dispute Resolution Policy ("Dispute Policy") as amended from time to time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.
   
   
5. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.
   
   
6. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound the Dispute Policy which is incorporated herein and made a part of this Agreement by reference.
   
   
7. DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the courts of your domicile, the courts of the geographic location indicated by your WHOIS information for your domain name, and the courts of New York.
   
   
8. AGENTS. You agree that, if an agent for you (i.e., an Internet Service Provider, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy.
   
   
9. ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
   
   
10. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Service(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. The registrant agrees that we will not be liable for any loss of registration and use of registrant's domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed five hundred ($500.00) dollars.
    
    
11. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.
    
    
12. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate your e-mail account without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
    
    
13. NO GUARANTY. You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.
    
    
14. DISCLAIMER OF WARRANTIES. You agree and warrant that the information that you provide to us to register or reserve your domain name or register for other Services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. we expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the our e-mail service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the our e-mail service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the e-mail service or any transactions entered into through the e-mail service. No advice or information, whether oral or written, obtained by you from us or through the e-mail service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
    
    
15. REVOCATION. You agree that we may delete your domain name or terminate your right to use other Services if the information that you provided to register or reserve your domain name or register for other Services, or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register or reserve your domain name. You agree that we may, in our sole discretion, delete or transfer your domain name at any time.
    
    
16. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services, or to delete your domain name within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or delete your domain name or register you for other Services.
    
    
17. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
    
    
18. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
    
    
19. NON-WAIVER. Our failure to require performance by the Registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
    
    
20. NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to us or to the RSP to support@HostPC.com or, in the case of notice to you, at the e-mail address provided by you in your WHOIS record or as updated from time to time and to you at the mailing address provided in your Affiliate application or as updated from time to time. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. (EST time) and otherwise on the next business day. Any communication sent via regular mail shall be deemed to have been validly and effectively given 5 business days after the date of mailing.
    
    
21. ENTIRETY. You agree that this Agreement, the rules and policies published us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
    
    
22. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF NEW YORK STATE AND THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN SCHENECTADY COUNTY NEW YORK AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
    
    
23. INFANCY. You attest that you are of legal age to enter into this Agreement.
    
    
24. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
    

HostPC reserves the right to revise its policies at any time.