310 Web Hosting STANDARD TERMS & CONDITIONS
("The Agreement")

As our "Customer", you and/or your company agree to the following:

GENERAL TERMS:  Payments for advertising and web hosting are due in advance.  Web site design/programming contracts require a minimum 50% upfront payment of set-up services and the balance of all fees are due upon completion even if the contract is cancelled.  Set-up fees and upfront payments are not subject to refund if a contract is cancelled unless 310 Web Hosting so deems.   All Web hosting service and advertising terms automatically renew upon expiration unless written notice of cancellation is received by our office before the date of renewal.

Expiration: All proposals expire 30 days after receipt unless stated otherwise or signed by both parties. 310 Web Hosting bills 2-3 days before the preceding month for any services within 45 days of expiration, and Terms are Net 0 from the effective start date.  Web site design set-up fees are non-refundable even if the contract is cancelled.  Requests for refund or any other billing dispute requests must be delivered in writing by the US Post Office.  Cancellations of service requires written notice delivered by US Post Office or Fax machine (you must retain your fax record as receipt).

Attorney’s Fees: Your company agrees to pay reasonable attorney fees and any other reasonable fees required to enforce and defend all terms and conditions of this contract and any other agreement or policy of 310 Web Hosting. In addition, your company agrees to reimburse 310 Web Hosting any amounts made on behalf of collecting on delinquent payments or required to enforce the payment terms of this contract.

Privacy and defamatory content: Your company also warrants and represents that icons, company names, and other information which you prescribe to be placed on your web advertisement will not (i) violate any international, federal, state or local law or regulation; (ii) in any way violate or infringe upon any party’s privacy right, right of publicity, or an other right of any person or entity; (iii) contain any material which is unlawful, harmful, abusive, hateful, obscene, threatening, libelous or defamatory. In cases where you violate this, your company agrees to indemnify 310 Web Hosting against third party suits.  310 Web Hosting  makes no warranties, expressed or implied, regarding content seen or not seen by the public and expressly disclaims responsibility for such content to which you are sorely responsible for deleting, removing or adding from the server and of which you have control of.  If you do not have control of the content on your web site, you must provide 310 Web Hosting 30 days written notice delivered by certified mail via the US post office of this and give us adequate notice of what you wish to do with the content.  A simple service cancellation is not adequate notice of a content problem.

Right to Remove: Your company also acknowledges and agrees that 310 Web Hosting can suspend or remove, at any time, if; (i) 310 Web Hosting has not received all fees relating to the payment of services rendered; and (ii) 310 Web Hosting believes, in its sole discretion that advertisements and/or services are in violation of any section of this agreement.

Disclaimer: Your company agrees that 310 Web Hosting does not guarantee the effectiveness of your web advertisement, web pages, web hosting, or the effectiveness of your web banner advertisement and we expressly disclaim and excludes all express warranties and implied warranties of merchantability and fitness for a particular purpose. 310 Web Hosting cannot guarantee impression rates or click-through rates.

Non-Payment of Fees: Your company also acknowledges and agrees that 310 Web Hosting can suspend or remove advertisements and web pages if; (i) 310 Web Hosting has not received all fees relating to the payment of services rendered; and (ii) 310 Web Hosting believes, in its sole discretion that such advertisements and services are in violation of any of the terms of this agreement. Your company further acknowledges and agrees that 310 Web Hosting is not responsible for and cannot control the content of email messages or fax messages sent to Customers by third parties who access your web page.

Returned Checks: A returned check charge of $25.00 will be incurred for all returned checks or returned credit card charges.

Interruptions in Service: 310 Web Hosting is not liable for any errors or interruption in service, whether within or outside of 310 Web Hosting,s reasonable control. Service may be temporarily unavailable for scheduled maintenance, either by 310 Web Hosting or by third-party providers, or because of other causes either within or outside of our control.  If 310 Web Hosting is found to be liable by an outside agency or through legal relief, you agree that the maximum amount of liability for such finding is limited to the refund of payment made on behalf of those services.  310 Web Hosting can never be found liable for any consequential damages that may or may not arise out of an interruption in service whether by fault of 310 Web Hosting or by fault of another within 310 Web Hosting's control. 

Due to the current attacks on the Internet, 310 Web Hosting is not liable for any errors or interruption in service, whether within or outside of 310 Web Hosting’s reasonable control. Service may be temporarily unavailable for scheduled maintenance, either by 310 Web Hosting or by third-party providers, or because of other causes beyond our control. This interruption could also include your mail service.  310 Web Hosting must continually due updates to our servers in order to provide top service to our clients.  At times these updates could create a conflict with scripts, third party software etc. on certain websites.  We will do our best to keep this from happening, however, many updates come to us from Microsoft to prevent attacks on servers. Microsoft, in most cases, cannot test these patches against every know script.  We will do our best to repair issues with our clients websites as long as this does not involve third party software that is outdated, out of our control, or that is not kept current by the client or the software company. 

All web hosting service providers rely on out side providers for connectivity just as you do for your telephone / Internet service, though we have several backup service providers available to us we have no control over there service.  Should they have a problem with providing us we service we may in turn have a problem providing us with service.  In most cases this would only be caused by a national disaster or state level disaster.  In any case we have installed multiple power sources as well as a massive on site turbo generator.  

DownTime: 310 Web Hosting will use its commercially reasonable efforts to avoid Downtime for 99% of the hours as an average calculated over each calendar year.  If customer is unable to transmit and receive information from the Network to other portions of the Internet because of 310 Web Hosting's failure to provide Network access services ("DownTime") for more than four (4) continuous hours, then 310 Web Hosting will credit customer's account for future services based on the pro-rata fees for the continuous duration of such downtime; provided that all such credits will not exceed an aggregate maximum credit of bandwidth fees otherwise due from customer for one (1) calendar month for failures in any one (1) calendar month.  For purposes of the foregoing, "unable to transmit and receive" shall mean sustained packet loss in excess of fifty percent (50%) based on 310 Web Hosting measurements.  Customer must notify 310 Web Hosting within three (3) business days in writing from the time customer becomes eligible to receive this credit with network trace routes to demonstrate failures.  Failure to comply with this requirement will forfeit customer's right to receive such a credit. 

Password Protection: Customer is responsible for protecting Customer’s password and for any authorized or unauthorized use made of Customers’ password. Customer will not use or permit anyone to use 310 Web Hosting’s service to guess passwords or to access other systems or networks with authorization. 310 Web Hosting will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.  If customer loses their password or username, they must request a new password in writing on company letterhead using our prescribed procedures so that we may keep this information in confidence.

Internet Etiquette: Customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). Customer will comply with the rules appropriate to any network to which 310 Web Hosting may provide access. Customer should not post, transmit, or permit Internet access to information Customer desires to keep confidential. Customer is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against 310 Web Hosting by offended users. 310 Web Hosting reserves the right to refuse or terminate service at any time. Customer will indemnify 310 Web Hosting and hold 310 Web Hosting harmless from any damage to 310 Web Hosting’s business, service, equipment, network, operations, or reputation resulting from Customer’s actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.

Consent to Jurisdiction: If any disputes arise or if litigation is required to enforce any part of this contract, your company agrees that such disputes will be resolved in accordance with the laws of the state of California and the venue of resolution is deemed as the county of Alameda in the state of California.

Late Payments: 310 Web Hosting services are due and payable in advance and will bill for services up to 45 days in advance. All payments are due and payable within 0 days of notice by written invoice delivered by standard US post office mail. You and your company agree to pay a late penalty fee equal to 1.5% of the monthly amount due for each month or partial month, or the highest rate allowed by applicable law, on the unpaid balance for any amounts which exceed 30 days. Unless we receive advanced payment, 310 Web Hosting reserves the right to terminate service without any further warning or notice. Your company also agrees to pay additional late fees according to the following schedule:

Responsibilities- 310 Web Hosting makes no warranties, expressed or implied, regarding services provided. 310 Web Hosting is not responsible for any damages suffered from the use of our services, including but not limited to, loss of data, service interruptions and/or delays in service, or third party litigation.  You expressly agree to hold 310 Web Hosting harmless for all incidental or consequential damages they may result from any temporary or long term service interruptions whether they are a fault of 310 Web Hosting or our suppliers.  
Billing Disputes: All billing disputes, with 310 Web Hosting must be received at our business office, in writing, and the obligation to pay for service will continue until such notice is received or until the contract is fulfilled whichever is later.  Written notice must be received by the US post office and because e-mail or electronic mail is not currently deemed 100% reliability, e-mail or verbal notice does not constitute formal written notice.  Termination of your service does not constitute relief from amounts incurred prior to termination. Agreements or contracts not on a monthly basis (yearly, quarterly, etc...) can only be cancelled in writing delivered to us by US post office or by fax (please return your fax record as receipt), but the subscriber will be obligated to pay any and all fees until termination of the contract is finalized.

SPAM Policy: The transmission of any type of material, whether graphical or textual in content, to other subscribers or non-subscribers without their express consent or previous solicitation is prohibited under the terms of this agreement. Any violations of our SPAM policy will result in immediate termination. Your company further acknowledges and agrees that 310 Web Hosting is not responsible for and cannot control the content of email messages or fax messages sent to Customers by third parties who access your web page.

Modification of Terms- 310 Web Hosting reserves the right to change or modify the terms and/or conditions, rates and/or services at any time. Such changes, modifications or additions shall be effective immediately upon written or electronic notification or when made publicly available on its website at http://www.comcity.com/policy-yes.htm. Any continued use of 310 Web Hosting services, by the subscriber, after such notice, constitutes implied acceptance of the same. Neither party may specify there are additional terms of this contract, beyond that currently delineated herein, either as modifications or additions, unless both party initials and dates those additional modifications.  Any terms, modifications or changes to this contract which do no contain the initials and dates of both parties may not be held enforceable.

Force Majeure - Neither party will be liable or deemed to be in default for any delay or failure in performance under this Agreement resulting, directly or indirectly, from acts of God, lack of Internet Access or any other reasons commonly known as Force Majeure.

Direct Work – Client and customer agrees not to work, directly or indirectly, with any person or entity (or referral from same) that has ever been an employee, contractor, or agent of 310 Web Hosting Corporation, for a period of two years from the termination or conclusion of this contract, without the express written agreement of 310 Web Hosting.

Refund Processing – You agree to allow at least 60 days for the processing of any refunds or credits.

Hosting Refunds – Refund requests may be processed on initial hosting terms ONLY if they are received within 60 days of a new hosting account activation.  Such requests are treated as a breaking of the original contract, therefore, forfeiting any and all discounted pricing associated with the term offer. 310 Web Hosting will make adjustments as follows:

1.       The hosting account bounces to the month-to-month rate for the package original signed up for.  The account is subjected to a normal $50 set-up fee if the hosting is terminated within 90 days for the initial hosting order date.  And unused hosting after the above fees are applied, is credited back to the client.

2.       Note:  There are NO refunds on hosting contract renewals