Purpose: The following Terms of Service are in place to ensure the integrity of all services provided by HWS and are vital to the quality of service HWS offers each Account Holder and any other party that accesses the HWS Network for any authorized purpose.
 
Agreement: By requesting an account from Host Western Slope, or accessing any part of Host Western Slope's Network for any reason, you agree to act as a responsible user who understands the consequences of violating any of the Terms and agrees to act in accordance with each of the Terms provided below. You also understand that your continued use of the Services constitutes an agreement to the terms and conditions herein.

 Modifications and Changes: Although HWS agrees to make an effort to notify the Account Holder, by means of the primary email address on file, HWS reserves the right to modify, update, change or revise (collectively, "Change") the Terms at its sole discretion without notice. Unless otherwise stated, Changes are in effect upon the posting of such Changes. Continued use of the services following any Change constitutes acceptance of such Change. The Terms listed below, and any Changes thereto, represent the entire understanding.

Forbidden Content and Activities: All services provided by HWS may only be used for lawful purposes. The laws of the State of Colorado and the United States of America apply. Account Holder shall not use, nor shall it recklessly or knowingly permit others to use, the HWS Services: (a) for the storage, delivery, receipt, or promotion of any unlawful, invasive, infringing, defamatory, racist, violent, or fraudulent content, products, services, or actions; (b) to store or send any virus, worm, trojan horse or harmful code or attachment; (c) to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network or to store anything that may aid in this type of activity; (d) to interfere with the use of the HWS network by other authorized users or to store anything that may aid in such interference; (e) to alter, tamper with, adjust, repair or circumvent any aspect of the Services or to store anything that may aid in such actions; or (f) in violation of one or more of the terms listed below.

Adult/Pornographic Content: Content designed to sexually arouse is prohibited throughout the HWS Network. This includes sites that may allude to sexual content and/or links to adult content elsewhere. In general, frontal nudity (not for science, health, fine art, or general educational purposes) and/or content meant to sexually arouse is prohibited. Child Pornography of any kind is prohibited throughout the HWS Network and will be reported to the authorities if found. HWS reserves the right to determine what violates this policy.

 Infringe, Copyright or Trademark: Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@hostwesternslope.com with the information.

NO-spam Policy: Account Holder shall not use, nor recklessly or knowingly permit others to use, any part of the HWS Network to send unsolicited messages of any kind, regardless of the content or nature of such messages, including but not limited to email, newsgroup postings, web forum postings and other electronic discussion form. Account Holder shall also not promote, nor recklessly or knowingly permit others to promote, any product or service that uses any part of the HWS Network by means of unsolicited messages of any kind, regardless of the content or nature of such messages.

Mailing Lists: All mailing lists must use only a confirmed opt-in process for adding subscribers. All subscription based lists must have unsubscribe procedures that are simple to locate and complete. Furthermore, mailing lists exceeding 500 subscribers sent using the HWS Services must be sent using the mailing list tools that have been pre-installed by HWS for this purpose. If your mailing list exceeds 1,500 addresses, you must contact Host Western Slope requesting and receiving permission to send the mailing through the HWS Servers prior to sending any messages.

Unauthorized Daemons: Unauthorized daemons are prohibited. An Unauthorized Daemon is any process that continuously runs in the background that is not started or operated by HWS and/or does not have the express written permission of HWS to operate. Programs and/or daemons that open listening sockets, whether TCP, UDP, or Unix, are expressly forbidden.

Unauthorized Clients: File exchange/sharing clients that are commonly known to be used in the illegal trading of software or copyrighted material and/or that are better serviced from your home computer connected via your ISP (e.g. IRC, Usenet, KaZaA, Gnutella, Napster, and Hotline clients) are not permitted on any of the HWS Servers.

 Bots: Bots of all kinds are forbidden on the HWS Network. This includes IRC servers, IRC bots, proxies, anonymizers, and web traversal spiders.

Scripts: Any Script that adversely affects any part of the HWS Network is forbidden.

 CGI: CGI should be run from within the account's cgi-bin at all times for both optimal security and resource compliance. HWS does allow an override for scripts that are not able to run from within the cgi-bin; however, Account Holders that do not operate their cgi scripts from within the cgi-bin place their account at risk of abusing server resources.

 Chat: Chat scripts, clients, and servers are strictly prohibited.

Topsites 
IRC Scripts/Bots 
Proxy Scripts/Anonymizers 
Pirated Software/Warez 
 Image Hosting Scripts (similar to Photobucket or Tinypic) 
AutoSurf/PTC/PTS/PPC sites
 IP Scanners
 Bruteforce Programs/Scripts/Applications
 Mail Bombers/Spam Scripts
 Banner-Ad services (commercial banner ad rotation)
 File Dump/Mirror Scripts (similar to rapidshare)
 Commercial Audio Streaming (more than one or two streams)
 Escrow/Bank Debentures
 High-Yield Interest Programs (HYIP) or Related Sites
 Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
 Sale of any controlled substance without prior proof of appropriate permit(s)
 Prime Banks Programs
 Lottery Sites
 MUDs/RPGs/PPBGs
 Hateful/Racist/Harassment oriented sites
 Hacker focused sites/archives/programs
 Sites promoting illegal activities
 Forums and/or websites that distribute or link to warez/pirated/illegal content
 Bank Debentures/Bank Debenture Trading Programs
 Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

 Established Naming Conventions: All files should be named in accordance with established naming conventions. For example, content delivered with the use of SSI should originate from files that are named with the .shtml or .shtm file extensions (e.g. FileName.shtm); files that deliver content with the use of PHP should originate from files that are named with .php extensions. By using established naming conventions the content is able to be delivered more quickly and efficiently. Account Holders that do not use established naming conventions are at risk of abusing server resources.

Excessive Resource Usage and/or Abuse: When an account uses more resources than it has been allocated, HWS will notify the Account Holder by means of an email sent to the primary email address on file and, depending on the severity, will either (a) charge the account accordingly for the extra usage; or (b) immediately suspend the account from further use of the HWS Services and provide reasonable opportunity to cure; or (c) immediately terminate the account from further use of the HWS Services including termination of this agreement without further liability or obligation to Account Holder.

Backups and Data Loss: Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. HWS is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the HWS Network.

Shared Backup: A shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

File Security: It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Listed Packages and Pricing: Host Western Slope's listed packages and/or pricing may change at any time. If you have chosen to pre-pay for your account, the cost of the service already paid for will not be affected by any price changes whether they are increased or decreased.

Reselling: Customers may not resell portions of their package and "redirect" other clients to special folders or URL's within their web hosting package. HWS employs a state of the art bandwidth and traffic analysis system, and will suspend or terminate clients who violate this term with no refund.

Payment and Termination: All payments are due on time. Failure to use the services associated with a package will not relieve the Account Holder of payment obligations for such services. The term for any service or package is a minimum of one month. Any account that is unpaid by the due date is at risk of suspended services and/or extra fees. Accounts that remain suspended for 30 days will be deleted without backup provisions. The Account Holder is responsible for all fees accumulated during the time HWS continued to store the contents of the account, regardless of size or suspension status. Terminated accounts may be deleted immediately and without backup provisions.

Cancellation: The Account Holder may cancel their account at any time by completing the HWS Cancellation Request Form. Canceled accounts may be deleted immediately upon reaching the requested date of cancellation and without backup provisions. Disqualified Refunds and Credits: Any account that has been suspended or terminated for any violation or non-payment will not be eligible for the 30 day money back guarantee. Host Western Slope's uptime guarantee would still be in effect, although the time the account is suspended or terminated is considered uptime.

Consequence of Violation: If Account Holder, or a third party through Account Holder, violates or attempts to violate any of the foregoing prohibitions or affects the normal operation of any of the Services provided by HWS including, but not limited to, administrative tasks, technical support, any Server operations, network speed, service, content or email delivery, HWS may perform any of the following actions, alone or in combination:

 a. send a Terms of Service warning, by means of email to the primary email address on file with Host Western Slope, providing notice to the Account Holder and offering the Account Holder a reasonable opportunity to cure;
b. immediately suspend the Services and provide notice to the Account Holder, by means of email to the primary email address on file with Host Western Slope, offering the Account Holder a reasonable opportunity to cure;
c. immediately terminate this agreement and the Services without further liability or obligation to Account Holder.

Violators of these Terms may also incur criminal or civil liability. HWS may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with the civil or criminal investigations of violations.

Changes to the TOS: HWS reserves the right to revise its policies at any time without notice.

Indemnification: You and your agents agree to defend, indemnify and hold harmless HWS and its Affiliates from and against any and all losses, liabilities, expenses and damages of every kind and nature, known and unknown, suspected and unsuspected, including legal fees and costs, incurred in connection with any claim arising out of, resulting from or relating or in any way connected to your account, breach of these Terms or use of any service, product, information or materials offered or provided by or obtained from HWS or its affiliates.

Disclaimer of Warranties: USE OF HOST WESTERN SLOPE'S SERVICES AND PRODUCTS IS AT YOUR SOLE RISK AND ALL SERVICES, PRODUCTS, INFORMATION AND MATERIALS PROVIDED BY HWS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, SERVICE PROVIDERS, LICENSORS OR OTHER AFFILIATED THIRD PARTIES (COLLECTIVELY, "AFFILIATES") ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HWS DOES NOT WARRANT THAT ITS SERVICES, PRODUCTS, INFORMATION OR MATERIALS ARE ACCURATE, RELIABLE, CORRECT, VIRUS-FREE, ERROR-FREE OR WILL NOT BE INTERRUPTED FOR ANY REASON. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL HWS OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF, RESULTING FROM OR RELATING OR IN ANY WAY CONNECTED TO THE USE OR PERFORMANCE OF, OR INABILITY TO USE, ANY SERVICE, PRODUCT, INFORMATION OR MATERIALS OFFERED OR PROVIDED BY OR OBTAINED FROM HWS OR ITS AFFILIATES. IN NO EVENT SHALL THE TOTAL LIABILITY OF HWS AND ITS AFFILIATES, COLLECTIVELY, TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ON ANY OTHER BASIS, EXCEED THE TOTAL PAYMENTS MADE BY YOU DURING THE TWELVE MONTHS PRECEDING THE MONTH IN WHICH THE ALLEGED LIABILITY WAS INCURRED, EVEN IF HWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU OR MAY BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Violations of the Terms of Service will waive the refund policy. We reserve the right to refuse service to anyone at the sole discretion of HWS. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Arbitration: By using any HWS services, you agree to submit to binding arbitration. If any disputes or claims arise against HWS or its subsidiaries, such disputes will be handled by an arbitrator of HWS's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the State of Colorado. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

If you are unsure whether any contemplated use or action is in violation of these Terms, or if you have questions or concerns regarding these Terms please contact HWS by sending email to: Service@HostWesternSlope.com

For further information about the HWS Terms of Service, contact Host Western Slope at:
 Host Western Slope
 PO Box 239
Meeker, CO 81641

These Terms Last Revised Jan 24, 2009

E-mail: Info@hostwesternslope.com

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