AS A CONDITION TO USE OF THE SERVICE PROVIDED BY PERFORMANCE HOSTING INTERNET SERVICES, YOU MUST READ AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS USER AGREEMENT.

1. The term "you" includes an individual or the authorized representative of a legally constituted entity, such as a corporation, limited liability company, or partnership. You may also be referred to in this Agreement as the "User". By agreeing below, you agree that you have read the terms and conditions which follow, and that you agree to abide by and be legally bound by those terms and conditions. You may, from time to time, be informed of changes and additions to the terms and conditions. Your continued use of PERFORMANCE HOSTING Internet Services shall represent your agreement to any such changes or additions. If at any time you decide not to abide or be bound by any term or condition, you agree to immediately terminate your account with PERFORMANCE HOSTING Internet Services.

2. You understand and agree that the service provided by PERFORMANCE HOSTING Internet Services consists solely of simplified access to the Internet; that the Internet consists of a collection of government, educational, commercial and private computers communicating with each other without centralized direction or management; and, that PERFORMANCE HOSTING Internet Service does not limit, and cannot control the use of the Internet or any communication or content thereof.

3. You agree to use the services provided by PERFORMANCE HOSTING Internet Services only for lawful purposes, specifically, you agree;

A. To honor the protections afforded by copyrights, trademarks, or other proprietary rights which may be identified as protecting materials or communications on the Internet, and to make only such noncommercial use of those materials as is allowed by applicable law; and

B. To respect the conventions, courtesies, and ordinary rules of use which govern access to and communication on the Internet; and

C. To absolutely refrain from posting to or transmitting on the Internet through the use of PERFORMANCE HOSTING Internet Services, any unsolicited messages to private e-mail addresses or to publicly accessed Usenet newsgroups. Doing so will result in immediate termination of your account, and you will not be entitled to a refund. If doing so causes a significant strain on PERFORMANCE HOSTING Internet Services resources, you will be billed for the clean up costs at a rate of $250.00 per hour.

D. To absolutely refrain from posting to or transmitting on the Internet through the use of the PERFORMANCE HOSTING Internet Services, any pornography, or unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, or otherwise objectionable communication or material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.

4. You specifically agree that use of the services provided by PERFORMANCE HOSTING Internet Service are at your sole risk. PERFORMANCE HOSTING Internet Services specifically disclaims any responsibility or liability for, or warranty of, any communication or the content thereof received or transmitted by you through the use of the services provided by PERFORMANCE HOSTING Internet Services.

5. You agree to defend, indemnify and hold PERFORMANCE HOSTING Internet Services harmless from any claim or suit of any person resulting from your use of any PERFORMANCE HOSTING Internet Services service or facility.

6. The services provided by PERFORMANCE HOSTING Internet Services are without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this Agreement.

7. You agree that PERFORMANCE HOSTING Internet Services shall not be liable for any direct, indirect, incidental, special or consequential damages that result from your use of PERFORMANCE HOSTING Internet Services including, but not limited to, reliance by you on any information obtained from the Internet; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance of any kind or from any cause, including the ordinary negligence of PERFORMANCE HOSTING Internet Services. To the extent that any applicable law limits or prohibits exclusion or limitation of liability or consequential or incidental damages, PERFORMANCE HOSTING Internet Service's liability shall be limited to the greatest extent permitted by law and in any event, shall be limited to a maximum of any fees paid by you to PERFORMANCE HOSTING Internet Services within 12 months preceding any claim of damage, loss, or injury.

8. You agree that you will not use any service(s) on our server(s) which may use an excess of system resources (including CPU & Memory) and thereby infringing on the ability for others to use the available system's resources. This may include, but not be limited to: A) persistent database connections; B) looping scripts which may run for extended periods of time; and C) CRON jobs which use too many resources. If found doing so, you will be given one warning, and if the issue is not corrected, the account will be automatically suspended. Exceptions may exist in situations such as an emergency where we deem we have no choice but to temporarily suspend services before a warning can be given.

9. In conjunction with this agreement for service, PERFORMANCE HOSTING Internet Services grants you a limited license to use software provided by PERFORMANCE HOSTING Internet Services solely and exclusively for access to the Internet through PERFORMANCE HOSTING Internet Services facilities in accordance with the terms and conditions of this Agreement.

10. Payment other than by authorized automatic periodic charges to a debit or credit card must be received by the business office of PERFORMANCE HOSTING internet Services not later than the first day of the period for which service is provided to you. If payment is not received, the existing account will be placed into an expired state for seven days. Access to the account will be active during this "grace" period.

A. If payment IS received by the business office of PERFORMANCE HOSTING Internet Services no later than seven days past the expiration date, the payment will be applied from the expiration date through the end of the paid period.

B. If the business office of PERFORMANCE HOSTING Internet Services no later than seven days past the expiration date DOES NOT receive payment, the account will be automatically suspended. Once payment is received, the account will be reactivated through the end of the paid period, minus seven days.

11. MONEY-BACK GUARANTEE: We, as a courtesy, offer a 30-day money-back guarantee on all new hosting accounts. After the 30 days have past the offer is expired. If you decide you are not happy with our services within the first 30 period, to get a refund, you must:

send to us, in writing, your request containing detailed information of why you are not satisfied.

Allow us a reasonable chance to satisfy your problems (by contacting us through support or sales department)

if you do not follow these steps, PERFORMANCE HOSTING is not obligated to offer a full refund, and may at it's own discretion, offer a partial refund if we so choose.

12. Unsolicited Email (Spam)

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.

PERFORMANCEHOSTING takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

The following activities are not allowed:

Unsolicited bulk or commercial messages ("spam"). This 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 is prohibited. 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 cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or 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.
Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.

Operating a Mailinglist must be true "opt-in" mailing lists (i.e. "double opt-in"). Before sending any email to a listed user, a confirmation email, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt out; see the MAPS guidelines. Opt-out requests must be honored immediately.

Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through PERFORMANCEHOSTING (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

Penalty: Depending on the severity of your SPAMMING, PERFORMANCEHOSTING reserves the right to charge you between $1.00 - $100.00 PER SPAM sent through our network. Your web site content will also be confiscated and it will be NEVER returned to you.

13. Unlimited Bandwidth: Some packages may include "Unlimited" Bandwidth, but because of the costs associated with Bandwidth usage, there must be at least a soft-limit somewhere, and PERFORMANCE HOSTING will allow up to 15 Gigs in such cases. If anyone is found to abuse this priviledge, and/or is found in excess, PERFORMANCE HOSTING will give notice to reduce Bandwidth usage or PERFORMANCE HOSTING will be impelled to pass on those additional Bandwidth costs to the customer. PERFORMANCE HOSTING reserves the right to suspend services for cases of abuse.

14. Either you or PERFORMANCE HOSTING Internet Services can terminate this Agreement at any time by written notice. Cancellations must be received by us and verified within 7 days of renewal period; otherwise, customer may still be responsible for contractual fees due next billing cycle. When this Agreement is terminated, if any unused access to PERFORMANCE HOSTING Internet Service's services remains to your credit, the credit will simply be cancelled, and you will not be entitled to a cash refund.

15. This Agreement shall be governed by and construed according to the law of the state of Texas. You specifically agree with PERFORMANCE HOSTING Internet Services that any dispute arising from the services provided to you by PERFORMANCE HOSTING Internet Services, whether or not specifically included within or described by the terms of this agreement, shall be submitted first for mediation, then for arbitration, before any entity agreed upon by you and PERFORMANCE HOSTING Internet Services.