When using the Service provided by Atlantic City Web Hosting, defined below in Section 1.1, you agree to be bound by all of the following terms (the “Terms of Service”) within this Agreement. Atlantic City Web Hosting reserves the right to alter, amend or modify any provision of this Terms of Service Agreement at any time with or without prior notice to you. This Agreement is effective from your acceptance thereof, which is indicated by the establishment of your account. If you are a current Atlantic City Web Hosting client when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement. 1. Service 1.1. Atlantic City Web Hosting provides Website Hosting services, including, but not limited to, Disk space for File Storage; FTP Access for uploading and downloading files to and from your assigned account. 1.2. Any means of identification assigned to you by Atlantic City Web Hosting (including username and IP address) will remain the property of Atlantic City Web Hosting. Atlantic City Web Hosting reserves the right to alter or replace these forms of identification at any time. 1.3. Atlantic City Web Hosting makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. Atlantic City Web Hosting reserves the right to discontinue and/or change the Service or any of its features at any time with or without notice. 2. Registration Requirements 2.1. In consideration of the Use of the Service, outlined below in Section 3, Client certifies to Atlantic City Web Hosting that he/she is not a minor. By accepting this Agreement, you represent that you are at least 18 years of age. 2.2. You agree to provide Atlantic City Web Hosting with accurate, complete and up-to-date billing information, including your legal name, electronic mail (e-mail) address, home address, and telephone number. All changes to this information must be reported to Atlantic City Web Hosting within 30 days of the change. 2.3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you close the account as specified in Section 11. If any information provided by you is inaccurate, not current or incomplete, Atlantic City Web Hosting retains the right to suspend or terminate your account. 3. Use of the Service 3.1. You, and those you authorize, are the only individuals who are authorized to access the Service through your account. You must ensure that all authorized users on behalf of your account comply with this Agreement. 3.2. You are responsible for maintaining the confidentiality of passwords used by yourself or any authorized user for your account. 3.3. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects Atlantic City Web Hosting to liability; or is in any violation of the Atlantic City Web Hosting Terms of Service Agreement. 4. User Conduct 4.1. You agree to be solely responsible for the content of your transmissions through the Service. You acknowledge that Atlantic City Web Hosting simply acts as a passive conduit for the distribution and transmission of data. 4.2. You agree that your use of the Service is subject to all applicable local, state, national and international laws and regulations. Furthermore, you agree that you recognize that violation of any such laws, rules and regulations shall be cause for immediate termination, without notice, of your account at the sole discretion of Atlantic City Web Hosting. 5. Unacceptable Use of Service 5.1. Illegality in any form, including, but not limited to, activities such as unauthorized distribution or copying of copyrighted software; violation of U.S. or International export restrictions; harassment; fraud; drug dealing; intentionally inflicting emotional distress; violating trademarks; copyrights; and other intellectual property rights. 5.2. We reserve the right to remove permission to access the Service if we suspect security violation attempts involving your account, whether directly deliberately caused by you or not. 5.3. Spamming, to send unsolicited commercial email or newsgroup posts, from the server or involving your domain. 5.4. Mail bombing, sending of large files or emails to other users against the request of an Internet user, whether or not our servers are used. 5.5. Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. 5.6. The use of programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) on the server. 5.7. Unacceptable site content, links, storage and/or distribution including, but not limited to, pirated software or programs which are intended or used for security violation purposes (“cracking software”); “Warez Sites”; “IRC Bots”; pornography; nudity; sexually explicit or offensive material; and defamatory, scandalous, or private information about a person without their consent. ALL FORMS OF ‘UNACCEPTABLE USE OF SERVICE’ ARE STRICTLY FORBIDDEN. EVIDENCE OF SUCH MATERIAL WILL BE CAUSE FOR IMMEDIATE TERMINATION OF SERVICE. ATLANTIC CITY WEB HOSTING WILL BE THE SOLE ARBITERS AS TO WHAT CONSTITUTES A VIOLATION OF THIS PROVISION. ATLANTIC CITY WEB HOSTING WILL NOTIFY THE APPROPRIATE LAW ENFORCEMENT DEPARTMENT IF SUCH VIOLATION IS A CRIMINAL OFFENSE. 6. Fees 6.1. Setup fees (where applicable) are non-refundable. Atlantic City Web Hosting does not issue refunds for fees paid in advance or for fees and/or payment made towards your account after the first 15 days of Service. 6.2. Current pricing for Atlantic City Web Hosting services may be obtained by sending an email to: sales @ atlanticcitywebhosting.com. Atlantic City Web Hosting reserves the right to change prices, rates and/or institute new charges/fees at any time upon 30 days prior notice. 6.3. A service charge, up to the maximum allowed by the state you reside in, will be assessed to your account for each check that is returned to Atlantic City Web Hosting for insufficient funds. 6.4. Payment must be made towards your account on its assigned due date. If your account is delinquent, your account may be suspended or terminated at the sole discretion of Atlantic City Web Hosting. IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL INSTITUTION, ATLANTIC CITY WEB HOSTING RESERVES THE RIGHT TO RE-BILL FOR THOSE CHARGES, REGARDLESS OF YOUR ACCOUNT STATUS. 6.5. If you believe that Atlantic City Web Hosting has billed you in error, you must contact the Billing Department within 30 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges billed in error which are more than 30 days old. You are responsible for keeping your email address up to date in the EDIT field in your control panel. You may also email this change of address to sales @ atlanticcitywebhosting.com if you would like a different email address shown in your account. 7. Disclaimer of Warranties 7.1. You assume full responsibility and risk for use of the Service by you and your authorized users. The Service is provided on an “as is” and “as available” basis. Atlantic City Web Hosting does not warrant that the Service will be uninterrupted or error-free. Atlantic City Web Hosting makes no express or implied warranties, representations or endorsements including, but not limited to, warranties of title, non-infringement or implied warranties of service or fitness for a particular purpose regarding all information or service provided through Atlantic City Web Hosting. No advice or information given by Atlantic City Web Hosting, its employees, affiliates or contractors shall create a warranty. 7.2. Atlantic City Web Hosting shall not be liable for any costs or damages arising directly or indirectly from use of the Service. It is solely your responsibility to evaluate the accuracy, quality, completeness, and usefulness of all opinions, advice, services, and other information provided through the Service. 8. User Remedies 8.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by closing your account by one of the methods outlined in Section 11. 8.2. Under no circumstances shall Atlantic City Web Hosting, its employees, affiliates or contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from any: use of your account or the Service or your inability to use the Service; your reliance on or use of information, services or merchandise provided on or through the Service or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. 9. Indemnity You agree to defend, indemnify, and hold Atlantic City Web Hosting and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising from: any violation of this Agreement by you or those who access this Service through your account; the use of the Service or the Internet in general; and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account. 10. Termination of Agreement 10.1. You may terminate this Agreement by using the methods outlined in Section 11 of this Agreement. Your termination will only be complete upon your receipt of a confirmation number from Atlantic City Web Hosting. You will receive this confirmation number either via Electronic Mail. Charges to your account will stop accruing the day you receive your confirmation number. Atlantic City Web Hosting will not issue refunds for fees paid in advanced or for accounts that have been activated passed the 30 Day Money Back Guarantee mark. 10.2. Atlantic City Web Hosting may terminate this Agreement at any time without cause upon 30 days prior notice; or; immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement including, but not limited to, a breach of any obligation imposed under Sections 2, 3, 4, 5 or 6 or if you fail to pay any charges within 7 days of the date they accrue. 10.3. Upon termination of this Agreement, all rights granted to you or your authorized users under this Agreement shall immediately cease and terminate. 10.4. Termination from this Agreement does not release you from the obligation to pay all accrued charges under this Agreement. 10.5. Sections 6, 7, 8, 9, and 11 shall survive termination of this Agreement; Atlantic City Web Hosting retains the right to enforce these provisions regardless of account status. 11. Closing an Account 11.1. You may close your account by sending an email to accounts @ atlanticcitywebhosting.com. The request must meet the following criteria: Include your account information (domain name, username, IP address, server name and password). Reference your Order/Authorization Number you received with your first receipt of payment. Failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver. More info on Billing FAQ available here. Requests to cancel accounts or the termination of your payment plan at Atlantic City Web Hosting will result in the IMMEDIATE deactivation of your account. In a case where a client has ceased a billing cycle, the account will be deactivated upon investigation by the Accounts department. 12. Closing a Dedicated Server Account 12.1. You may close your dedicated server account by following the terms laid out in section 11. 12.2. The closure of a dedicated server account requires 2 weeks notice. Notice must be given within 2 weeks of account payment. This Terms of Service Agreement constitutes the entire Agreement between you and Atlantic City Web Hosting with respect to the Service. This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii, USA, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of federal and state courts having jurisdiction for Hawaii, USA, with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and Atlantic City Web Hosting. Any cause of action you may have with respect to the Service must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action is barred.