Terms of Service
TOS Agreement v3.2 – December 10, 2013

Host Excellence's primary objective is to value and support our subscribers wherever, whenever and however possible. Our management and staff will provide the highest level of attention and dedication to all of our subscribers.

In pursuit of our primary objective, Host Excellence agrees to deliver the agreed upon services, as declared in the "New Account" confirmation, to our customers at the time of purchase, subject to the following Terms of Service (hereafter referred to as TOS).

In addition, the use of Host Excellence's service(s) by a subscriber constitutes an unconditional acceptance of and agreement to Host Excellence's TOS and also to Tucows Master Services Agreement attached hereto as Exhibit A and incorporated herein by reference. Host Excellence reserves the right to change or modify the TOS at any time without notice by posting the new agreement or policies. These modifications will become effective immediately. Your continued use of the site and or services indicates your agreement with our terms; therefore, it is your responsibility to review the TOS regularly.

I. 100% Money-Back Guarantees

A. 30-Day Money Back Guarantee

Host Excellence proudly offers its subscribers a "30-Day Money Back Guarantee." This guarantee allows subscriber to purchase Host Excellence's services with full confidence and zero-risk. Consequently, subscriber may request a full refund within 30 days of initial sign-up and be refunded all fees paid to-date, including setup fees, less any additional over-usage and free domain registration costs (see section I.D below). Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.

This guarantee can be requested at anytime within the 30 days of the commencement of service if subscriber is not satisfied with Host Excellence's services. If the 30-day service of the subscription has been exceeded, subscriber is not eligible for this guarantee. A request for this guarantee must be submitted via Host Excellence's "Contact Us" form located at this URL:
http://www.hostexcellence.com/support.

If requesting a refund, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how Host Excellence could improve service.

B. 90-Day Money Back Guarantee

Host Excellence proudly offers its subscribers a "90-Day Money Back Guarantee." This guarantee allows subscriber to use Host Excellence's services with full confidence and zero-risk. Consequently, subscriber may request a full refund of the current month's fees (not the current billing cycle) and to-date pre-paid fees for future months, less any additional over-usage, setup fees and free domain registration costs (see section I.D below). Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.

This "90-Day Money Back Guarantee" can be requested any time within the first 90 days after purchase if you are not satisfied with Host Excellence services. A request for this guarantee must be submitted via Host Excellence's "Contact Us" form located at this URL:
http://www.hostexcellence.com/support.

If requesting a refund, we ask that subscriber briefly explain the reasons for doing so, as well as any suggestions on how Host Excellence could improve service.

C. Notice for Customers Making Payment with Alipay

Alipay is a third-party payment service that is offered as a convenience to our customers. Alipay mandates that all transactions have a 90-day time limit for all merchant-issued refunds. For this reason, customers who submit their payment with Alipay are not eligible for any credits or adjustments provided beyond the first 90 days of service.

D. Domain Registrations

Host Excellence utilizes an industry standard third party Registrar for domain name registration services. Once an order is placed for a new domain name through Host Excellence, we register the domain for the customer through the Registrar. Domains registered in this manner are not eligible for a refund and the cost for such domains will be subtracted from any service refund from Host Excellence. New domains may be cancelled and receive a full refund only within the first 24 hours after placing an order. This grace period only applies to new domain name registrations and is not applicable for domain renewals. If you cancel your Host Excellence service, you will retain ownership of your domain name for as long as you continue to renew the domain. You may renew the domain through Host Excellence or through the Registrar. Domain names are only registered for a finite period of time.

Upon becoming a domain customer of Host Excellence, you will receive reminders immediately prior to the expiration of your registration inviting you to renew your domain name and specifying the amount of time you have to renew your domain name. In the event that you fail to renew your domain name in a timely fashion within that amount of time, your registration will expire and we may, at our sole discretion, elect to assume the registration and hold it for our own account, delete it, or sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be available for registration by a third party.

If you fail to renew your registration, your domain name may cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service. This default page may also feature advertisements posted by us for our own account.

If we, in our sole discretion, have elected to renew the registration, you will be entitled to a grace period of forty (40) days during which you may re-register the domain name from us. Additional costs for the redemption and re-registration will apply. During this grace period, we may elect to post a parked page and/or revise the "Whois" registration records to include our information. The domain name may also be listed for auction and promoted as being available for auction. If the name is sold during any such auction, it will be acquired by a third party and will not remain available for re-registration by you after our stated grace period. If you do not re-register the domain name during the grace period, the auction sale will be concluded and ownership of the domain will be transferred to a third party. If you fail to renew your domain name registration during the grace period, you acknowledge that you have abandoned the domain name and that it is available for sale and registration by any third party.

ICANN's Registrant's Benefits and Responsibilities
ICANN's site for registrant education

E. Renewal Procedure

We strive to prevent service interruptions or loss of service for you and so all service renewal settings are set to be automatically renewed to prevent these occurrences. This automatic renewal option is triggered upon expiration of the current applicable service and automatically renews the applicable service for a period equal to the initial period. Payment for the renewal period is taken from the payment method currently on file with us at our then current rates, which you acknowledge and agree may be higher or lower than the original rate for the applicable service. The automatic renewal is the default setting for all renewals so if you do not wish your current service to be extended, you must manually disable the automatic renewal setting. If you wish to view the account renewal settings applicable to you, simply log into your control panel to review your products. You may choose to disable the automatic renewal option and if you also fail to manually renew your service before it expires, you may experience a service interruption or a complete loss of service and you acknowledge and agree that we will not be liable for any losses to you or any third party arising out of such service interruption or loss.

F. Trial Hosting on Host Excellence

Host Excellence is offering to new customers, for a limited time, the opportunity to experience Host Excellence services on a trial basis--free of charge--for a period of 7 days. After this 7 day period, the free trial ends and the customer has the option to remain with Host Excellence and select a hosting plan that meets his needs or terminate the hosting services completely.

Previously Host Excellence had offered a 21 day trial period, and those customers that either signed up or registered their email prior to June 16th, 2010 still will have the full 21 day period.

If the customer chooses to remain with Host Excellence, he can accomplish this in two ways:

  • the customer can do nothing and the plan will automatically renew prior to the end of the free trial period; or
  • the customer can affirmatively upgrade to a paid plan and indicate his acceptance of the plan and his agreement to becoming a customer.

If the customer decides to cancel the free trial period and not become a paying customer of Host Excellence, he can cancel the trial period at any time. He can also reinstate at any time prior to the free trial expiration date.

  • Cancellation will automatically occur if the customer violates the Terms of Service at any time during the free trial period.
  • Cancellation will also automatically occur if the customer billing information is no longer valid at the end of the free trial period.

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II. 99.9% Uptime Guarantee

Host Excellence guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where Host Excellence has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar issues with subscriber's domain name, routing issues between subscriber location and Host Excellence data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Host Excellence cannot directly influence.

To request a service credit due to an uptime concern, please submit a request for this guarantee via Host Excellence's "Contact Us" form located at this URL:
http://www.hostexcellence.com/support.

If requesting a "service credit" we ask that subscriber briefly explains the reasons for doing so.

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III. Use of Website

A. Prohibition of Adult Content

Subscribers of Host Excellence's services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.

B. Prohibition of Protected Healthcare Information

Subscribers of Host Excellence's services are prohibited from creating, receiving, maintaining, transmitting and/or having access, custody or control of any Protected Healthcare Information as defined under the Health Insurance Portability and Accountability of 1996 Act ("HIPAA").

C. Prohibition of Offensive Behavior

Racist, intolerant, "hate", defamatory, "stalking", invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice.

D. Age Requirements on Purchases

All subscribers must be of adult age in the subscribers' jurisdiction to make purchases on this site. Parents or guardians of minors may make purchases on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.

E. Intellectual Property Provisions

Subscribers of Host Excellence's services are prohibited from storing or posting content or links to content that infringe, or otherwise violate the intellectual property rights of third parties (e.g. trademark, patent or copyright infringements).

All content provided within or via this site is protected by US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of the content owner.

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IV. "Fair-Use" Resource Assignment

Host Excellence offers commercially reasonable high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer, number of email accounts or FTP accounts. File quota limits are enforced to ensure system operating integrity and reliability and are limited to 100,000 files on Windows plans and 300,000 files on Linux plans. The intention of Host Excellence is to provide ample resources for customer convenience, so that customers needn't to worry about exceeding limits.

It is acknowledged by users of Host Excellence services that these resource allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on Host Excellence servers.

It is also acknowledged by users of Host Excellence services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. Host Excellence takes measures to utilize the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of Host Excellence services that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. Host Excellence, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates.

It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, Host Excellence reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization. Additionally, web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Host Excellence.

If a "Fair-Use" breach occurs, which's determination is solely up to Host Excellence, subscriber may have to remove files from or reduce access to subscriber's account to an extent as determined by Host Excellence, in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that Host Excellence may have to take.

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V. SPAM and Unsolicited Commercial Email (UCE)

Host Excellence takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Host Excellence may not use, or permit others to use, our network to partake in UCE distribution. Customers of Host Excellence may not host or permit hosting of sites or information that is advertised by UCE from other networks.

Upon notification of an alleged violation of our SPAM policy, Host Excellence will initiate an immediate investigation. During the investigation, Host Excellence may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this TOS, Host Excellence may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, Host Excellence reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Host Excellence will notify law enforcement officials if the violation is believed to be a criminal offense.

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VI. Prohibited Scripts and Applications

Host Excellence strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or by defect in the coding of the script. If a user script is found to be in violation of this clause, or is found to be overwhelming system resources, the user may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the user account may be suspended for further review.

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VII. Payment

Establishment of this service is dependent upon receipt of payment of stated charges by Host Excellence. Subsequent payments are due on the anniversary date of the month for that month's service or whichever is the selected billing cycle.

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VIII. Failure to Pay

Host Excellence may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.

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IX. Account Cancellation

A subscriber may cancel his account at any time online via his account control panel's "Billing Options". If requesting a cancellation, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how Host Excellence could improve service. The cancellation will take effect immediately and the subscriber's account will remain active until the end of the subscription. Account resumption is possible with one click from the same menu, in case you should redecide.

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X. Subscriber Acknowledgement

Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Host Excellence and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that Host Excellence shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Host Excellence. Subscriber further acknowledges that the Host Excellence's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Host Excellence be liable for any special or consequential damages, loss or injury.

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XI. Change of Nameservers

In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to Host Excellence's DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, nameserver change of domain names is done by Host Excellence on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessibility or cooperation by the domain name registration's registrar.

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XII. Support Boundaries

Some of Host Excellence services may require a certain level of knowledge in the use of Internet languages, protocols, and software, while other services may be handled for you. This level of knowledge varies depending on the anticipated use and desired content of subscriber's website or the services to which you subscribe.

XIII. Network

A. IP Address Ownership

If Host Excellence assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to Host Excellence and the subscriber shall have no right to use that IP address except as permitted by Host Excellence. Host Excellence shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by Host Excellence. Host Excellence reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.

B. Data Transfer and Disk Usage

Subscriber agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer ("Agreed Usage"). Host Excellence will monitor subscriber's bandwidth and disk usage. Host Excellence shall have the right to take corrective action if subscriber's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken is in Host Excellence's sole and absolute discretion, at any time deemed necessary by Host Excellence. If Host Excellence takes any corrective action under this section, subscriber shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any case, subscriber will be warned of approaching or exceeded resource limits via email by Host Excellence's automated notification system.

C. System and Network Security

Subscribers or any network users are prohibited from violating or attempting to violate the security of Host Excellence's network or any and all components there in. Violations of system or network security may result in civil or criminal liability. Host Excellence will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:

  1. Accessing data not intended for such subscriber or logging into a server or account, which such subscriber is not authorized to access.
  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  3. Attempting to interfere with service to any subscriber, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
  4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  5. Taking any action in order to obtain services to which subscriber is not entitled.

D. Use of Dedicated IPs

Subscriber agrees to only use a dedicated IP address for hosting domain names that are registered. Additionally, the domain must either point to Host Excellence's nameservers, or the A record must point to the dedicated IP address assigned to that domain in the control panel. If any of these qualifications are not met, Host Excellence reserves the right to switch the assigned dedicated IP address to a shared IP.

E. Network Access - SPAM or Denial of Service Complaints

Host Excellence reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact the subscriber. Host Excellence will contact the subscriber as soon as it is feasible.

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XIV. Suspension of Service or Cancellation

Host Excellence reserves the right to suspend network access to any subscriber if in the judgment of Host Excellence, the subscriber's account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Host Excellence deems necessary.

If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the subscriber in question will be deactivated until our investigation is complete. Multiple violations of the TOS will result in permanent suspension of the account without refund of any fee. With complaints of infringing or illegal content, a single complaint may be deemed sufficient for permanent suspension of the alleged infringing product. If multiple complaints of infringing or illegal content are received involving two or more products, all products under that customer's ownership and/or control are subject to permanent suspension. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber's machines were suspended if the subscriber is found to be at fault. The subscriber is also responsible for maintaining a backup of his current data at all times and no backups will be provided.

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XV. Miscellaneous Provisions

Subscriber must provide Host Excellence real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.

  1. Host Excellence takes no responsibility for any material placed on its network by others. Host Excellence is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. Host Excellence disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
  2. Host Excellence's subscribers are not permitted to run IRC servers.
  3. Furthermore, Host Excellence reserves the right (but is not obligated) to, review the content posted via the service and may refuse or remove any such content in its sole discretion, without notice at any time.
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XVI. Disclosure to Law Enforcement

The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that Host Excellence may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other legally binding order, without consent or notification to the subscriber.

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XVII. Indemnification

Each party (the "Indemnifying Party") hereby indemnifies the other party (the "Indemnified Party"), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party's representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.

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XVIII. Severability

If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

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XIX. Applicable Law

This TOS is subject to the governing laws of the State of Ohio. Courts of competent jurisdiction in Columbus, Ohio shall hear and decide any disputes.

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XX. Data Integrity

The subscriber is responsible for keeping a complete and current copy of their website files as a backup on a remote system (not solely on Host Excellence servers).

Host Excellence is NOT RESPONSIBLE for any lost files, information or data.

Host Excellence makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of subscriber websites.

Although Host Excellence backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the subscriber. Host Excellence does not guarantee to possess the most current copy of a subscriber's website in its own backups.

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XXI. Non-Existing User Pages

Host Excellence reserves the right to supply content-enriched pages, including but not limited to search engines, advertisements, directory links, etc., for non-existent user pages that are served by Host Excellence to requesting sources. These pages include error pages (i.e. 404 Not Found), new account place-holder pages, unused domains and suspended user sites.

All users of Host Excellence services have the option of creating their own error pages and content pages. Unless created by the user, such pages will default to the Host Excellence provided content.

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XXII. Web Design Services

A. Ordering and Planning Process

Immediately after the completion of the ordering process 100% payment is required before the commencement of the project. The customer is responsible for providing the text, logos and requirements for the basic look and feel of the website. The customer's quick responsiveness is mandatory at all stages of the project, but particularly during the planning process. Failure to provide all required information within the specified timeframes will result in a delay or cancellation of the project. If and how much of a refund will be issued depends on the amount of work already completed and is at the sole discretion of Host Excellence as defined further below.

B. Revision Process

Each package comes with a certain number of total revisions. As soon as Host Excellence provides a design and project update the customer must respond within three business days with all necessary feedback and corrections. If the customer does not respond within the specified timeframe it will be assumed that the suggested design and changes were accepted and approved so the work may progress further towards finalization.

C. Approval Process

During the project development process Host Excellence provides regular design and project updates. While Host Excellence performs its own testing of the entire website and functionality, the final responsibility lies with the customer to ensure that the modules and the complete project has been tested for any deficiencies or errors and to confirm that the site is operating as originally intended. It is expected that the customer responds with any feedback and corrections within the timelines specified with every update, to ensure that the project can be completed on time. If the customer does not respond within seven business days (unless pre-agreed) upon delivery of the website's final version, it will be assumed that the work is accepted and the completion of the project approved. Any further changes must be requested in the form of maintenance for the existing website.

D. Refund Policy

For all projects a consolidated brief must be submitted that contains all requested information before starting the project. If the customer fails to submit the required information within 30 days of making the payment Host Excellence may decide to consider the project inactive and not proceed with its implementation.

If an order is cancelled within 14 days of making the payment and before any work has been done, we will refund 75% of the payment. If the work has already begun the maximum refund will be 50% of the payment. There will be no refund if more than 50% of the work has been completed. Under special circumstances Host Excellence reserves the right to negotiate and refund an appropriate portion of the amount paid by the customer.

Host Excellence is not liable for any damages that arise from misinformation or misrepresentation under any circumstances.

E. Ownership and Copyright

Upon final payment and approval of the completed website design project, our client becomes the owner of the website. He is free to take his site to another developer or host with another company. Please note that all the content on the customer's website is the sole responsibility of its respective owner. Host Excellence is not responsible or liable for any copyright or trademark claims regarding third party logos, trademarks or names used on the website. They are the property and responsibility of the respective owners. The customer agrees that Host Excellence may use the created website in its portfolio to showcase completed work to prospective customers and for its own marketing purposes such as, but not limited to, newsletters.

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XXIII. Host Excellence - SiteDude Services

A. Ordering Process

Any Host Excellence customer who wishes to utilize the SiteDude Transfer Service must fill-out the appropriate order forms for the service, providing all information requested.

Payment is required before commencement of the moving process. Charges for all orders will be done by Host Excellence.

Host Excellence reserves the right to refuse any request for transfer service or to cancel the request if the project is deemed more complex than originally agreed to.

After completion of the ordering process, an Host Excellence SiteDude Representative will contact the customer within one business day to gather all the necessary information to start the moving process.

Orders will be considered inactive and will be deleted if the customer fails to give all the requested information within 30 days of order placement.

B. Required Information

The customer is responsible in providing all information necessary to complete the move (i.e. passwords, script lists, database information, etc.). Path-specific scripts or functions must be described to Host Excellence to ensure a proper update and transfer. Failure to provide all required information within the specified timeframes may result in a delay or cancellation of the project.

Host Excellence is not responsible for site functions or segments not listed or described by the customer. However, Host Excellence may see the oversight and make the correction automatically, but this is not guaranteed.

C. The Transfer Process

Segment by segment, we will transfer and modify site scripts, content, databases, and accounts to Host Excellence's services. During the website transfer process, Host Excellence will provide regular updates and perform its own testing of the entire functionality of the website.

The end result of this service is to have the customer's web site transferred to Host Excellence services and working properly.

Final responsibility is with the customer to ensure and confirm that the website is working properly, tested for any deficiencies or errors, and is working as originally intended.

If the customer does not respond with any feedback and corrections within five business days (unless pre-agreed) upon the final stage of the moving process, it will be assumed that the work is accepted and the completion of the website moving process is approved. Any further changes or modifications will be solely the responsibility of the customer.

D. Non-disclosure of Confidential Information

Host Excellence agrees not to use any Confidential Information disclosed to it by the customer for its own use or for any purpose other than to carry out discussions concerning, and the undertaking of, the moving process.

Confidential Information includes, but not limited to, login information, passwords, files, databases (including, but not limited to, products, services, and customers), web designs, configuration information, or financial information of the customer.

E. Refund Policy

Refunds may only be given provided that the customer's hosting account is in a financially good standing. No refund requests shall be granted otherwise.

If an order is cancelled within 5 days after making the payment and before any work has been done, we will refund 75% of the payment.

If the work has already begun, the maximum refund will be 50% of the payment. There will be no refund if more than 50% of the work has been completed. If and how much of a refund will be issued depends on the amount of work already completed and is at the sole discretion of Host Excellence.

F. Limited Liability

Host Excellence is not liable for any damages or data loss that arise from the use of this service. Host Excellence is not liable for any damages that occur from misinformation or misrepresentation by the customer which may result in a loss or corruption of data.

Under no circumstances shall the customer hold Host Excellence responsible for any loss of data or inability to properly configure complex scripts or programs. All customers should have dedicated recent data backups in the event data loss or corruption occurs.

The maximum liability of Host Excellence is limited to the amount paid for by the customer for the SiteDude Transfer Service and shall not exceed that amount.

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XXIV. Host Excellence - Additional Services

Host Excellence has partnered with third-party vendors to bring you special products and/or special deals. If you have purchased or subscribed to any of the products listed below, please visit the product's website to view their respective terms and conditions.

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