Terms of Service

This Service Agreement (this "Agreement") is between Mailasite, a Web Site Management division under Salsa Internet with its principal office in Brunswick East, VIC and the person (individual or legal person) whose signs Mailasite's service order and set up form (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of Mailasite's Web Site Management service.

• Services
• Term
• Payments
• Law/AUP
• Customer Information
• Indemnification
• Disclaimer of Warranties
• Limitation of Damages
• Suspension of Services/Termination
• Refund policy
• Request for Customer Information
• Notices
• Force Majeure

Subject to the terms of this Agreement, and contingent on Customer's satisfaction of Mailasite's credit approval requirements, Mailasite agrees to provide the web hosting services described in the Order for the fees stated in the Order.

The initial service term of the Agreement shall begin on the date that Mailasite generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of the same length as the Initial Term (each a "Renewal Term") unless Mailasite or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."

All payments are processed via SSL 128bit secure connection.

* (a) Recurring Fees.

Service will be made inactive on accounts that reach 7 days past due. All orders made with a credit card are expected to work on the monthly renewal date each month. If the card declines then the customer is subject to a $5 one time fee on top of the monthly renewal price. Any accounts made inactive for non-payment is subject to a $5.00 reconnect charge.

* (b) Non-Recurring Fees.

All customers exceeding their disk quota allowance will be sent invoices due upon receipt each month. All customers are responsible for monitoring quota usage each month. Quote overages are charged at $1.00 per each GB used over the allowed limit of the package. Customers have the option before their quota billing cycle ends to upgrade per our a la carte upgrade option. Once your plan is upgraded you can not request a downgrade of the same plan for at least one month.

* (c) Taxes.

At Mailasite's request Customer shall remit to Mailasite all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on Mailasite, regardless of whether Mailasite fails to collect the tax at the time the related services are provided.

* (d) Cancellation and Early Termination.

Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Mailasite terminates the Agreement for Customer's breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Mailasite breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement. Customer also acknowledges that a minimum of 7 days cancellation notice or downgrade of current package prior to the following renewal term must be given in writing to Mailasite or the Customer will be responsible for full payment of the following term.

Customer agrees to use the service in compliance with applicable law and Mailasite's Acceptable Use Policy posted at http://www.mailasite.com/aup (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that Mailasite may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of Mailasite's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Mailasite's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Mailasite and Customer regarding the interpretation of the AUP, Mailasite's commercially reasonable interpretation of the AUP shall govern.

Customer represents and warrants to Mailasite that the information he, she or it has provided and will provide to Mailasite for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Mailasite that he or she is at least 18 years of age. Mailasite may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.

Customer agrees to indemnify and hold harmless Mailasite, Mailasite's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

MAILASITE DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW MAILASITE DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF KNOWNHOST AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

* (a) Suspension of Service.

Customer agrees that Mailasite may suspend services to Customer without notice and without liability if: (i) Mailasite reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Mailasite reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Mailasite's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

* (b) Termination.

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Mailasite fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by Mailasite prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Mailasite describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

Mailasite cares deeply about the satisfaction of every customer. With this in mind, we have a 15-day Money Back Guarantee policy for anyone who is not completely satisfied with our paid Website Management plans within the first 15 days of sign up. To receive a full refund please contact our sales department.

Customer agrees that Mailasite may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that Mailasite believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Mailasite shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Mailasite's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.