This Web Hosting Agreement (this "Agreement") defines the terms and conditions of use of hosting.wellthoughtout.com ("WTOH") for web hosting services. To open and hold an account with WTOH you (“the Customer”) confirm you are at least 18 years of age and you must read and agree to be bound by all terms and conditions of this Agreement. This Agreement will become effective when accepted by WTOH, who may from time to time, modify the terms and conditions of this Agreement and/or the prices of its services, as well as discontinue or change the services offered at any time it see’s fit. By continuing to use these services you are accepting any such changes made to the agreement which will be available for viewing at hosting.wellthoughtout.com/terms.asp

1. Purpose of this agreement.

1.1. This Agreement defines the terms and conditions of the provision of web hosting services as used by the Customer on hosting.wellthoughtout.com servers and connectivity to the Internet (the "Services"). WTOH will provide the Services of hosting your specified domain(s) on your selected account on our servers, in exchange for payment of fees and full compliance with the terms and conditions of this Agreement.

1.2. As part of the Services, WTOH will provide the Customer with a web-based control panel to enable management of the Customer’s account and domain(s). The Customer will be provided with a secure username and password for authentication which will be used to access this control panel. The Customer agrees to keep such details confidential.

1.3. The Customer is responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Materials") to the hosted website(s), and the Customer hereby warrants that all Materials shall be owned or properly licensed by the Customer and shall not adversely impact the Services or violate any rights of any third parties. The Customer is responsible for ensuring that all Materials will function properly and as intended. The Customer is responsible for all activity originating from the Customers hosted website(s). The Customer assumes responsibility for all links to other websites or material linked or referenced-to, from the Customers website(s). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website. The Customer must possess the necessary knowledge to create, modify and maintain the Customers website(s). WTOH assumes no responsibility to provide the Customer with such knowledge.

1.4. During the period that WTOH provides the Services to the Customer, the Customer hereby grants to WTOH a nonexclusive, royalty-free, worldwide right and license to digitally display and host the Customer’s website(s) and its content, and to use its trademarks, service marks, trade names, logos and other commercial or product/service designations in connection with the website and such Services.

2. Acceptable Usage Policy.

The Internet is a global interconnection of multiple networks that physically exist in multiple counties with diverse laws, regulations, and orders ("Laws"). For the purposes of this acceptable use policy, terms like "unlawful" or "illegal" apply to Laws globally and within the framework of applicable governing bodies. It is Customer's responsibility to be aware of the Laws that apply to the use of the Services and to ensure compliance with such Laws. WTOH will cooperate with all court orders, subpoenas, and other similar government requests ordering WTOH to disclose information about use of the Services.

2.1 The Services shall not be used to post, transmit, re-transmit or store material which, in the judgment of WTOH:

2.1.1 Violates local, state, federal, foreign, or international Law; Could be considered threatening, obscene, indecent, defamatory, threatening or that otherwise could adversely affect any individual, group or entity ("Person"). In addition to the other requirements of this acceptable use policy, the Services may be used only in a manner that in WTOH's sole discretion is consistent with the purposes of such Services. If the Customer is unsure of whether any contemplated use or action is permitted, he should seek to contact WTOH in the first instance for clarification.

2.2 By way of example, and not limitation, uses described below are expressly prohibited:

2.2.1 Deceptive or fraudulent practices. Any activity infringing on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents. Actions that restrict or inhibit any person, persons or company entity, whether a Customer, WTOH or otherwise, in its use or enjoyment of any WTOH Services.

2.2.2 System and Network: The deliberate transmission of computer viruses, worms, trojan software, or other malicious programs to interfere, disrupt, or deny service including, but is not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g., denial of service attacks). Attempting to gain unauthorized entry to any site or network including but not limited to executing any form of network probing, monitoring or other information-gathering on someone else's site or network.

2.2.3 Email: Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one's system by an unrelated third party, including, but is not limited to, via open email gateways and open proxy servers. Sending unsolicited mail messages, including the sending of "junk mail", SPAM or other advertising material to individuals who did not specifically request such material, who were not previous customers or with whom the sender did not have an existing business relationship. WTOH reserves the right to determine in its sole discretion the definition of what constitutes SPAM. Harassment including, but not limited to, through language, frequency or size of messages. Unauthorized use, or forging, of mail header information. Solicitations of mail for any other E-mail address other than of the poster's account or service with the intent to harass or to collect replies. Creating or forwarding "chain letters" or other email "schemes" of any type. Bulk email must provide recipients with an easy and effective mechanism for removal from bulk email lists. The source of the addressee's address must be included in each bulk email message. Senders of bulk email must take effective steps to confirm that the actual owner of each email address on a list has agreed to receive bulk mailings from the sender before sending email to that list.

2.2.4 Miscellaneous: The Customer is responsible for protecting passwords and for any authorized or unauthorized use of its systems and/or networks. The Customer must provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material published via any Services. The Customer is responsible for all content or information residing on, obtained or transmitted via the Services.

3. Limitation of Liability.
WTOH’s liability (including, for purpose of this paragraph only, and of its employees, agents, or representatives), to the Customer (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Agreement or the provision of Services under this Agreement (including, without limitation, maintenance and support) shall be limited to the amount of fees paid by the Customer to WTOH under this Agreement within one year preceding the date the Customer contends its claim arose. In no event shall WTOH be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if WTOH has been advised of, or is aware of, the possibility of such damages.

4. Indemnification.
The Customer agrees to defend by counsel reasonably accepted by WTOH, protect and hold WTOH harmless from and against any and all demands, liabilities, losses, costs, expenses, claims, including reasonable solicitors and consultants fees and court costs, demands, causes of action, or judgment directly or indirectly arising out of or related to the Services provided WTOH to you.

5. Disclaimer of warranties.
WTOH specifically disclaims all implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this Agreement, any written materials by WTOH, or information on hosting.wellthoughtout.com, shall be for informational purposes only and, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guarantee of performance, or contractual obligation.

3. Payment of Fees.

3.1. 30 Day-Money Back Guarantee. WTOH offers a 30 day money back guarantee to all customers when they add their first hosting account at hosting.wellthoughtout.com. All additional hosting accounts that are added under a customer will not be subject to the 30 day money back guarantee. If you do not feel WTOH has delivered the business you expected, you may terminate this agreement within the first 30 days from your initial order date, and receive a refund of the monthly fee and shall exclude, without limitation, the refund of any or all setup fees, software purchases, or promotional discounts, etc.. To receive the refund, you must terminate your Services by emailing accounts@wellthoughtout.com or using our online helpdesk found at http://hosting.wellthoughtout.com/esupport and discontinue use of the Services, and WTOH must receive this notice within the first 20 day period of the Services start date. The Customer must also agree to provide WTOH with a valid description of why they are not satisfied with the service provided.

3.2. WTOH will send an email notice of fee increases 30 days before such increases take effect. A listing of current fees can be found at hosting.wellthoughtout.com/plans.htm

3.3. The Customer agrees to provide WTOH with accurate and complete billing information, including the Customer’s legal name, address, telephone number, e-mail address and to update this information immediately if any change occurs. Payments must be submitted in advance of receiving the Services. The Customer acknowledges that WTOH will bill the Customers given credit card prior to the monthly payment interval as determined by the chosen plan. The Customer authorises automatic billing by WTOH on an on-going basis during the term of this Agreement. If the Customer wishes to cancel the Services, the Customer must do so prior to the next due date to avoid being charged for additional month(s) of Services.

3.4. Delinquent accounts are those that remain unpaid at the beginning of the next payment interval. The Services will be suspended if the Customers account is delinquent for 14 days. Notwithstanding any other rights WTOH may have in this Agreement, the Customers website(s) content will be destroyed if the account is delinquent for 21 days. WTOH accounts continue to accrue charges while they are delinquent or if the Services are suspended.

3.5. The Customer acknowledges responsibility for the account until payment in full is received by WTOH.

4. Termination.

4.1 WTOH reserves the right to suspend or terminate the Services to the Customer and remove or prevent access to any material from the Customer’s website(s) at any time, without prior notice or liability, for any conduct that WTOH, in its sole discretion, believes violates this Agreement or is otherwise harmful to WTOH’s interests or the interests of other accountholders.

5. Miscellaneous.

The Customer may not assign the rights or obligations under this Agreement without the prior written consent of WTOH, which may be withheld at WTOH’s discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.