TERMS OF SERVICE and AGREEMENT This Terms of Service specifies the actions prohibited and agreement by Mobilehive Web Services and all its Clients. Mobilehive Web Services reserves the right to modify the Policy at any time. Mobilehive Web Services (mobilehive.com) is committed to providing affordable and quality webhosting services. The following terms should be read and understood carefully: Network Up-Time: Mobilehive Web Services guarantees network availability of 98.9% in a given month, excluding scheduled maintenance. We don't promise 100% uptime though we reached that highest uptime several times in our business history. System Resource Usage: If mobilehive.com discovers that a clients web site or scripts are using an unacceptable and abnormal amount of servers resources including but not limited to cpu and memory usage we may temporarily suspend or terminate the clients account without notice. Our normal practice is to only suspend/terminate accounts without notice if the web site in question is likely to jeopardize the smooth running of Mobilehive Web Services (mobilehive.com) servers, normally mobilehive will email the client asking them to check the scripts there are using or totally remove it for the benefits of all the websites under the affected server. You may also check our programs/scripts banned lists. E-mail: Spamming(the sending of unsolicited e-mail) from Mobilehive Web Services (mobilehive.com)'s servers is strictly forbidden. Mobilehive Web Services (mobilehive.com) will decide on a case by case basis what constitutes to be spamming. Limitation has been setup to 50 emails per hour to protect overload resources use of the some websites who intent to spam. Server Abuse: Attempting to cause harm to a Mobilehive Web Services server, or any other server on the internet using an account on Mobilehive Web Services (mobilehive.com) will result in immediate removal of that account. Refund / Cancellations : Mobilehive Web Services (mobilehive.com) will only give refund to clients only the amount with unused hosting months and who doesn't violate any of our rules. All account cancellations must be done in writing through email. WebHost Pricing : Pricing is subject to review and may be changed at any time without notice. Clients will have option to continue hosting, or close account. All hosting, services are paid monthly, except the lowest plan which should be paid 3 months in advanced. Pre-payment or 'lock-in' is permitted for one year or as long as you don't change plan. Failure to pay the monthly fee will result in your site being suspended. We will endevour to contact you through the officially supplied contact details. If after a reasonable amount of time has passed (as determined by Mobilehive Web Services) and you didn't inform us about your late payment that account will be terminated. Pre-installed and Third Party Programs : Use of any pre-installed and third party scripts will not be supported in any matter though we can give a hand if we have a free time. Website Back up and Content : Mobilehive Web Services doesn't guarantee the backup of website content. Though it doesn't mean we don't backup at all. We do backup weekly and monthly. If any situation you need to restore your content you can send email and request us to load your content of course if it is available. It would be a good practice that you backup your site content. We don't host any websites that focus on pure adult oriented and unacceptable content (nude pictures, nude movies, racist, terrorism). If any websites found with these kind of content we will terminate it without notice and no refund will be given. Other Problems : Although major problems are rare, they can occur, and in such event we are not responsible and you agree to hold us free of any liability from any situation involving the use of our services, server, information, etc., All internet services are provided 'at your own risk/accountability'. Please use caution and understand we are not liable under any circumstances. Indemnification : You agree to indemnify, defend, and hold harmless Mobilehive Web Services and it's agents, employees, directors, and owners, from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Mobilehive Web Services, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends, without limitation, to all issues associated with your account, including but not limited to domain name selection, Web site content, damages sustained through failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, your account on servers operated by Mobilehive Web Services.