Web Hosting Service Agreement*

This Web Hosting Service Agreement (this “Agreement”) is between PHP Proxy Host and the person (individual or legal person) whose signs or submits PHP Proxy Host’s service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of PHP Proxy Host’s Web hosting service.

Table of Contents
Services
Term
Payments
Law/AUP
Customer Information
Indemnification
Disclaimer of Warranties
Limitation of Damages
Suspension of Services/Termination
Request for Customer Information
Back Up Copy
Notices
Force Majeure
Cancellation
Miscellaneous

1. Services.
Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of PHP Proxy Host’s credit approval requirements, PHP Proxy Host agrees to provide the web hosting services described in the Order for the fees stated in the Order.

2. Term.

The initial service term of the Agreement shall begin on the date that PHP Proxy Host generates an e-mail or online 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 the same length as the Initial Term (each a “Renewal Term”) unless PHP Proxy Host or Customer provides the other with written notice of non-renewal at least thirty (30) 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.”

3. Payments.
(a) Fees.

Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly or annually as indicated on the Order, beginning on the Service Commencement Date. PHP Proxy Host may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes PHP Proxy Host to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise PHP Proxy Host will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 7th day following invoice date, but in no event earlier than the first day of each billing cycle.

Payments must be made in United States dollars. Customer is responsible for providing PHP Proxy Host with changes to billing information (such as credit card expiration, change in billing address) At its option, PHP Proxy Host may accrue charges to be made to a credit/debit card until such charges exceed $10.00. PHP Proxy Host may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. PHP Proxy Host 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 PHP Proxy Host’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay PHP Proxy Host’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

(b) Fee Increases.
PHP Proxy Host 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 five (5) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

(c) Early 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. In the event PHP Proxy Host terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for PHP Proxy Host’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.

4. Law/AUP.
Customer agrees to use the service in compliance with applicable law and PHP Proxy Host’s Acceptable Use Policy posted at http://www.phpproxyhost.com/terms-of-services/ (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that PHP Proxy Host 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 PHP Proxy Host’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 PHP Proxy Host’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between PHP Proxy Host and Customer regarding the interpretation of the AUP, PHP Proxy Host’s commercially reasonable interpretation of the AUP shall govern.

5. Customer Information.
Customer represents and warrants to PHP Proxy Host that the information he, she or it has provided and will provide to PHP Proxy Host for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to PHP Proxy Host that he or she is at least 18 years of age PHP Proxy Host may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

6. Indemnification.
Customer agrees to indemnify and hold harmless PHP Proxy Host, PHP Proxy Host’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.

7. Disclaimer of Warranties.
PHP Proxy Host DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW PHP Proxy Host 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.

8. 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 PHP Proxy Host 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.

9. Suspension/Termination.

(a) Suspension of Service. (refund is not offered if your account is suspended for any of the following reasons listed below)
Customer agrees that PHP Proxy Host may suspend services to Customer without notice and without liability if:
(i) PHP Proxy Host 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) PHP Proxy Host 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 PHP Proxy Host’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
(v) Sites running scripts/boards/forums that are out of date and pose secruity threat to their account and server itself or cause high server loads and hinder proper functioning of the server.
(vi) Sites that result in heavy load will be suspended till issue is resolved within two (2) days, failing to correct the problem will result in termination of account without any refund.
(vii) Sites/Forums with SQL database larger than 1 mb are allowed only if the load generated is below the threshold limit, failing which will result in suspension.
(ix) Proxy Sites or such scripts are only allowed as long as they are PHP based scripts and are not high traffic sites (example of high traffic site would be 1500+ Hits a Day). Each plan has its own traffic limits so please contact us prior to signup if you have any questions.

(b) 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 PHP Proxy Host 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 PHP Proxy Host 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 seven (7) days of a written notice from PHP Proxy Host 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 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
(v) Proxy Sites usign CGI or non-php based scripts are not allowed and the users account will be terminated/suspended without any notice. This is to prevent causing cpu overload as such scripts are cpu intensive.
(vi) Sites in language other than english,hindi will be terminated.

10. Requests for Customer Information.
Customer agrees that PHP Proxy Host 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 PHP Proxy Host 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.

11. Back Up Copy.
Customer agrees to maintain a current copy of all content hosted by PHP Proxy Host nothwithstanding any agreement by PHP Proxy Host to provide back up services.We do not provide any backup solutions, so please backup your site data regularly, we cannot be held liable for any data loss.

12. Changes to PHP Proxy Host’s Network.
Upgrades and other changes in PHP Proxy Host’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. PHP Proxy Host reserves the right to change its network in its commercially reasonable discretion, and PHP Proxy Host shall not be held liable for any resulting harm to Customer.

13. Notices.
Notices to PHP Proxy Host under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. 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.

14. Force Majeure.
PHP Proxy Host shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond PHP Proxy Host’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.

15.Cancellations
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact PHP Proxy Host’s Billing Department via support -=AT=- phproxyhost.com and submit a ticket also to Billing Department, mentioning your domain name and email from which payments were made. PHP Proxy Host’s customer service representatives will assist you with the cancellation process, but its the responsibility of the customer to fully cancel all automatic subscriptions like paypal or others themselves, A1 Web Hosting Solution will not be responsible for any auto charges made to the customer who fail to cancel their subscription from the payment processing agencies, like paypal, google checkout etc. Please be aware that there are no pro-rated refunds after the first 30 days of service. Cancellation requests must be received by PHP Proxy Host a minimum of ten (10) days prior to the end of your Billing Cycle for shared hosting . Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by PHP Proxy Host . PHP Proxy Host is unable to cancel your account effective for a future date. PHP Proxy Host will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact PHP Proxy Host as soon as possible. PHP Proxy Host will not provide partial refunds for early terminations. Annual service agreements paid on a monthly recurring basis will require 100% payment in full for remaining agreement length at the time of any early termination. PHP Proxy Host does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to PHP Proxy Host’s services, neither are we responsible for cancellation of paypal subscriptions,clients must cancel their paypal subscriptions with us themselves,we shall not be held responsible for failure to cancel your paypal subscription with us and getting charged automatically by paypal. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. PHP Proxy Host , reserves the right to cancel any account, at any time, without notice, for any reason PHP Proxy Host considers appropriate. Subscriptions cancelled by customer without 2 days notice give to PHP Proxy Host is subject to immediate Suspension/Termination of the account.So it becomes the duty of the customer to notify us beforehand.In such an event (suspension/termination)the user would have to signup again for the plan,the price at which point might not be same to which the user had initially signed up for. Customers must request for refund after cancellation has taken place, we will not refund unless requested.Request for refund must be made within 5 days of account cancellation request. Customers should make sure that their account has been fully cancelled and make sure they are not being auto charged by third party payment agencies.We will not be held responsible for any losses, charges occurring from failure on costumers part to make sure all subscriptions are cancelled.

16. 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. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on PHP Proxy Host unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without PHP Proxy Host’s prior written consent. PHP Proxy Host’s approval for assignment is contingent on the assignee meeting PHP Proxy Host’s credit approval criteria. PHP Proxy Host may assign the Agreement in whole or in part.
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.

*This is subject to change without prior notice.