This Web Hosting Agreement (this "Agreement") sets forth the terms and conditions of your use of Tencom Web Services (Tencom) for web hosting services. You ("Customer") certify that you are at least 18 years of age. To become a Tencom account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the terms and fee schedules on the Online Order forms and any policies that may be published by Tencom, including, but not limited to, Terms of Service , Acceptable Use policy , Copyright Infringement policy , Privacy Policy , and Reseller Policy .

By clicking on the "Order" button and/or using the services, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Tencom site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Tencom Site" refers to the Site located at the URL http://www.tencom.net, or any other successor Sites owned or maintained by Tencom.

This Agreement defines the terms and conditions of Tencom' services as offered by Tencom and used by you, including the provision of web hosting services on Tencom' servers and connectivity to the Internet (the "Services"). Tencom will provide the Services in exchange for payment of fees and full compliance with the terms and conditions of this Agreement.

Tencom reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its account holders or for any other reason it in good faith deems necessary. Tencom will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not Tencom' intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.

You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that Tencom is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, Tencom will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Tencom has a policy of terminating account holders who are copyright infringers. For more information, please visit the Copyright Infringement section of this Agreement.

The content of web sites located on Tencom' servers and/or the links to other web sites are not screened, approved, reviewed or endorsed by Tencom. Tencom is acting solely as an Internet web-hosting service provider. The text and other material on such web sites are the opinion of the specific author and are not Tencom' statements of advice, opinion or information.

The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Colorado (without regard to conflicts of laws principles).

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Terms of Service

By submitting the order, Customer hereby agrees to be bound by the service term and billing period selected on the online order form or via applicable promotional codes. This Agreement begins on the date you register for the Services and shall continue in effect for each billing period unless otherwise specified by separate agreement. Termination must be in accordance with the provisions of this Agreement.

Definitions:

• term = minimum term commitment, e.g. monthly, annually, etc.
• billing period = length of time you paid for your subscription, e.g. one month, three month, six month, one year, two years.
• cycle date = cycle date being the day of the month you sign up.
• current cycle = between last cycle date and the next cycle date.

Payment Policies and Fees

Full payment is required before any hosting service is rendered, which includes renewals. Over usage fees are calculated and invoiced at the beginning of each cycle for the previous cycles usage.

If paying by credit card, your card will automatically be charged for renewing your subscriptions each billing period. If you do not want your card automatically charged each term, you can change the settings in your control panel dashboard by clicking on the "My Account" Tab.

All payment-due notices will be sent by electronic mail. Prepayment is due each billing period (one month, three month, six month, one year, two years) following the date the account was established. (Billing period for your subscription can be changed within your control panel Dashboard). Billing will continue until you cancel your hosting account.

The Customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Tencom of cancellation. All monetary transactions are in $US dollars. Tencom reserves the right to change prices at any time. For international customers, if you are sending a check/money order the amount must be drawn in US dollars and any transaction fees applied by the bank(s) will be passed on to the customer.

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Late Fees

If your account has an overdue balance 10 days after the due date, our automated billing system will suspend your service until you pay the overdue balance. Access to your control panel dashboard will continue to be available for you to make payments until your account is closed. Please note that it is your responsibility to keep your account current. You can check your account through your control panel dashboard by clicking on the Account/Billing tab.

If your account has an overdue balance 20 days after the due date, the account will be assessed a late fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is lower, with a minimum of a $5.00 fee.

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Refunds

Direct Shared Web hosting accounts and Virtual Private Server (VPS) hosting accounts with Tencom feature a 30-day money back guarantee. If you choose to cancel your account within the first 30 days and notify us by submitting a ticket through our Online Support Desk, we will refund your subscription fees, exclusive of any set up fee, domain name registration fees, and/or over usage fees. Accounts closed after 30 days do not qualify for refund of any pre-paid fees. Tencom will only allow for the refund if cancellation is not the fault of the client, as determined by Tencom. Accounts closed for violating Tencom policies do not qualify for a refund.

Due to the considerable hardware investment cost, Dedicated Server subscriptions and setup fees are non-refundable and do not qualify for the 30 day money back guarantee.

Domain registration fees are non refundable.

The 30 day money back guarantee does not apply to resold accounts by resellers, or any fees associated with these accounts.

Please allow up to 7 business days for refunds of credit card payments and at least 4-6 weeks for refunds of check or money order payments.

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Return Item Fees

Accounts with returned checks and/or e-checks will be assessed a $25.00 returned item fee. New payment must be made by credit card immediately or account will be in delinquent status.

Credit Card charge backs by the customer will be assessed a $50.00 returned item fee.

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Taxes:

Customer will be responsible for payment in full of any taxes and similar fees imposed on the transaction and/or the delivery of Services. Tencom shall have the right at any time, to invoice customer any new or increased taxes, fees, assessments, or other charges imposed or required by any governmental agency. Customer will indemnify and hold harmless Tencom from any and all taxes associated with or arising from Customer's use of the Services. These include any penalties and interest as well as any costs associated with the collection or withholding thereof.

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Reinstatement / non-payment fees

Tencom will retain Client's data files for (10) days after canceling services for non-payment. Customer shall be able to reinstate use of the Services within (10) days upon approval and full payment of balances due. A re-instatement fee of $25.00 will apply to Shared and VPS hosting Customer will be activated within 24 hours. A $50.00 re-instatement fee of $50.00 will apply to Dedicated Servers and customer will be activated within 48 hours.

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Indemnification Policy

You agree to use all Tencom services and facilities at your own risk. Tencom specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Tencom be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD Tencom HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY Tencom. CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Tencom HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS, CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Tencom, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Tencom AGAINST LIABILITIES ARISING OUT OF:

1. any injury to person or property caused by any products sold or otherwise distributed in connection with Tencom' server;
2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright infringement and
4. any defective products sold to customer from Tencom' server.

Tencom shall be the sole judge of what violates this Policy.

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Termination and Account Cancellation

To cancel your subscription(s), services and/or account, please submit a ticket through our Online Support Desk 5 days prior to your subscription billing period cycle date.

Over usage fees will be calculated and invoiced at the time of cancellation.

IMPORTANT NOTE: Phone requests will not constitute acceptance of any cancellation. Notification of cancellation must be received at least five business days prior to your next cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Customers responsibility to secure e-mail confirmation from Tencom that account has been cancelled. If the client has not yet received e-mail confirmation of account cancellation, then the account remains active, and you may continue to be invoiced.

If Customer has a balance due at the time of cancellation, including any over usage fees accrued, this balance must be paid in full. Cancellation does not absolve Customer of any outstanding financial obligations. All Tencom accounts must be paid in full before the cancellation will be considered complete.

Transferring your domain to another provider or nonuse of your hosting account does not constitute canceling your account. You must notify Tencom to formally cancel your account to avoid further charges.

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Account Ownership:

Tencom is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password.

lf you give this information to any other party or give access to your e-mail address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site.

If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to our servers. Once the Web site is published to our servers the account owner has retained ownership of that content.

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Copyright Infringement Policy

You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that Tencom is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, Tencom will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Tencom has a policy of terminating account holders who are copyright infringers.

Reporting Alleged Copyright Infringement

If you believe your copyrighted work is being infringed on a Tencom server, please notify us as follows:

Tencom
Phone: (731) 288-8000
Fax: (805) 926-4450
US Mail: P.O. Box 232, Newbern, TN 38059

In notifying us of the alleged copyright infringement, please be sure to include the following information:

• a description of the copyrighted work that is the subject of the claimed infringement (if multiple works are being infringed at a single site, a representative list of such works at that site is adequate);
• a description of the infringing material and information sufficient to permit Tencom to locate the material;
• contact information for you, including your address, telephone number and/or email address;
• a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law;
• a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and
• a physical or electronic signature of the copyright owner or a person authorized to act on its behalf.

Failure to include all of the above-listed information may result in a delay of the processing of your complaint.

For more information on copyright infringement and the DMCA:
http://www.copyright.gov/onlinesp/

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Acceptable Use Policy

Shared Web Hosting Server Email Policy:

Mail Lists: We have a strict policy regarding UCE/Spam on our network, but we do allow use of mailing lists within the constraints of our spam policy. However, sending thousands of e-mails off of a given server can impact the performance of the server. Therefore we limit the amount of e-mail allowed on our Shared Web Hosting Servers to no more than 1000 e-mails per day and 30 emails in 10 seconds per e-mail account.

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SPAM / UCE (Unsolicited Commercial E-mail)

Tencom is committed to a zero-tolerance, anti-Spamming policy on our network. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Tencom network, by customers or any other users of the Tencom network (including resellers' and customers' customers); AND/OR over ANY network- if the message sent advertises or mentions a site hosted on the Tencom server. This also includes:

• Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups;
• Posting obscene or threatening messages while using or referring to a Tencom email address or web site URL;
• The use of Tencom servers as a mail drop for responses to activities described above;
• Bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to Tencom or any URL (domain) that is hosted by Tencom;
• Unsolicited postings to newsgroups advertising any IP or URL hosted by Tencom.
  The use of web pages set up on ISPs that allow spamming (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by Tencom;
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to spam;
• Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Accounts canceled due to spam will be billed a "clean up" fee of $500.

If you have any complaints or comments regarding Spam on our network, please use our contact form to submit your complaint to our abuse department.

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Content

All services provided by Tencom may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law, or in violation of the laws of any country, is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, material that advocates or calls for the commission of crimes or civil harms to any person, group of people, corporation, country, or any entity, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Tencom from any claims resulting from the use of the service which damages the subscriber or any other party.

Also prohibited on all Tencom servers are sites that promote any illegal activity or present content that may be damaging to Tencom servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Warez sites
• Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.

Tencom will be the sole arbiter as to what constitutes a violation of this provision.

Pornography and Adult Content is prohibited on all Tencom Shared Web Hosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Tencom will be the sole arbiter in determining violations of this provision and includes but is not limited to the following:

• Any site whose revenue is gained in part or whole from its adult content;
• Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes;
• Hyperlinks to adult sites, including but not limited to sites who violate these policies;
• Sites that have discussion boards and share information that is 'adult' in nature;
• Sites that sell or promote 'adult' material, including but not limited to adult toys.

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CGI Scripts Policy

Unfortunately, many good things are turned on us to be used for nefarious activities. Commonly used scripts are frequently exploited to allow unauthorized access to the systems they are running on. Others just require more resources than is allocated on a shared server environment.

Consequently, in order to keep Tencom network and servers safe, we may need to take actions that inconvenience our good customers. Any time we find scripts or other commonly used tools that can become easily compromised or impact other users by using too many server resources, we may need to disable scripts or other tools installed and used by our customers.

Although our Dedicated Servers and VPS Servers are managed, we do not monitor or restrict the programs and scripts you run on your servers unless they place our network at risk. We do recommend that you keep your scripts current to reduce the risk of exploitation.

Whenever possible, we will notify our customers in advance.

Please contact our technical support team if you have questions regarding for 3rd party scripts.

Resource Abuse: Shared Web Hosting Servers

System resource abuse is defined as any site whose traffic, programs and/or processes are using excessive amounts of system resources, such as cpu usage and memory, for example. Excessive amounts is defined as any amount that results in substantial degradation of server performance. Tencom is the sole determinant of what constitutes degraded server performance.

Examples of banned software, processes and programs include, but are not limited to:

• Flat file database/text driven Forums/Bulletin Boards: high resource usage, we recommend you use mysql data base driven forums;
• IRC bots and clients: resource intensive;
• Proxy servers: often used to hide identity;
• Hivemail: high resource/abuse risk;
• Older versions of formmail: check with our technicians for recommendations. Formmail tends to be easily exploited.
• Background Running Processes: Background Daemons in general are prohibited on Tencom Shared Web Hosting servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation;
• Persistent MySQL Connections: Due to the fact that persistent mySQL connections have the ability to use considerable server resources, this configuration is not allowed on our shared servers. It is understood that in some situations, persistent connections may actually reduce resource usage on a server. However, we have found that connections are commonly not released properly and are, therefore, more detrimental to a shared hosting environment than they are helpful.
• Mail Lists: We have a strict policy regarding UCE/Spam on our network, but we do allow use of mailing lists within the constraints of our UCE/Spam policy. However, sending thousands of e-mails off of a given server can impact the performance of the server. Therefore we limit the amount of e-mail allowed on our Shared Web Hosting Servers to no more than 1000 e-mails per day and 30 emails in 10 seconds.
• Offsite search engines: Resource intensive.

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Traffic Policy:

Tencom allows for very generous traffic, and most sites never exceed 4 GB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Tencom customers are discouraged from storing any files that cause excessive traffic on Tencom shared web hosting servers. Please contact Tencom Technical Support team for more information. Again, most of the sites do not fall into this category and never reach our traffic limits. For customers with this type of traffic, you may want to consider a VPS or Dedicated Server plan which provides more resources and less expensive over bandwidth fees.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Tencom or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

We will not host Web sites which contain adult material on our shared web hosting servers.

In the event you exceed the transfer limit allowed on your hosting plan, you will be charged over usage fees. We do not cap your data transfer at your hosting account limit. You can monitor your monthly transfer through your control panel Dashboard.

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Backups

For our Shared Web Hosting Servers and Virtual Private Servers (VPS) backups are made daily off server. A daily, weekly and monthly archive is kept for server restoration purposes. We do offer recovery service of files and directories for a per incident fee. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. It is the clients' responsibility to maintain local copies of their Web content and information. There are backup tools provided in the customers control panels to assist them with backing up their data.

On our Managed Dedicated Servers, we do not backup the data by default. There are fee based Backup options available and there are tools available in your control panel for backing up your data. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups.

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Privacy

What Personal Information does Tencom collect?

In the course of serving its customers, Tencom acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information - such as the customer's name, address, telephone number, and credit card data - is provided to Tencom by its customers in order to establish service. Other information - such as the customer's account status, choice of services, and customer logs - is created and maintained by Tencom in the normal course of providing service. Tencom also uses cookies, which are small pieces of information that a web site can store in a designated file on a user's computer for various reasons. In addition, Tencom may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.

Data Security

Tencom will protect the confidentiality of its customers' information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of Tencom, its partners, its employees and other customers of Tencom' services. To protect the loss, misuse, and alteration of information that is collected from customers, Tencom has appropriate physical, electronic, and managerial procedures in place.

How is customer information used?

Tencom may share customer information with selected partners, for example, to provide customers with information about products which might be of interest to the customer or to enable the customer to take advantage of special partner programs. Tencom may also use customer information to provide its customers with system information or information about new or upgraded products.

Modification of customer information.

Customers may modify their personal information through their control panel Dashboard:
https://www.tencom.net/cp .

Will Tencom ever send me direct mailings?

Yes, Tencom may notify when your service is impacted, such as notifications for maintenance windows, in the event of a service problem, etc. From time to time, Tencom may send its customers information about various products and services that may be of interest.

How do I protect my Personal Information in public forums?

Tencom may offer interactive forums, such as message boards and chat. Tencom users should be aware that when they voluntarily disclose Personal Information to other users or to third parties on the Tencom system, through e-mail, or outside of the Tencom system, that information can be collected and used by others and may result in unsolicited messages from other members or third parties. While Tencom strives to protect your Personal Information, Tencom cannot guarantee the security of any information that you transmit to Tencom, and you are solely responsible for maintaining the secrecy of any passwords or other account information.

What about privacy on sites that Tencom links to?

Tencom may provide links to its partners and other Internet sites. These sites have separate data and privacy practices independent of Tencom, and Tencom disclaims any responsibility or liability for their policies or actions.

Disclosure of customer information and communications

Tencom will not otherwise disclose its customers' personal and account information unless Tencom has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Tencom, Tencom' customers, or others, or where Tencom has a good faith belief that the law requires such disclosure.

Tencom also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that Tencom stores or transmits for its customers. The circumstances under which Tencom will disclose such electronic customer communications are when:

• it is necessary in order to provide service to the customer;
• it is necessary to protect the legitimate interests of Tencom and its customers;
• it is required to cooperate with interception orders, warrants, or other legal process that Tencom determines in its sole discretion to be valid and enforceable; and
• it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by Tencom and appear to pertain to the commission of a crime.

Tencom disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. Tencom will, however, review, delete or block access to communications that may harm Tencom, its customers or third parties. The grounds on which Tencom may take such action include, but are not limited to, actual or potential violations of Tencom' policies.

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