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			meets Yesterday's Businessman"

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Terms and Conditions (TAC)

1.) Global Reference

Throughout this document, references to: "we," "us," and "our," will refer to Domain Neighbors S. A. and, references to: "you," "your," "user," and "customer," will refer to the account holder, his/her immediate family, employee(s), or consignee(s.)

2.) Account Setup

We will setup your account after we have received payment, and we and/or our payment partner(s) have screened the order(s) for fraudulent entries. It is your responsibility to provide us with an e-mail address which is not at the domain(s) being applied for in this application.

3.) Content

All services provided by us may only be used for lawful purposes. This includes, but is not limited to: copyrighted material, material we judge to be threatening, obscene, pornographic, inappropriate, or unacceptable.

Examples of 'unacceptable' material include, but are not limited to:

IRC Bots
Warez Sites
Pirated Software
Hate Sites
Hack Programs and Archives

4.) Zero Tolerance Spam Policy

We take a 'zero tolerance' stance against the sending of unsolicited e-mail, bulk e-mailing, and all other types of electronic communications commonly referred to as "spam." "Safe Lists" and "double optin" will be classified as, and treated as, spam. Any user who sends out spam will have their account terminated without notice. Any account holder whose account has been so terminated , shall have the opportunity to request a review, by us, of the circumstances surrounding the incident. Our decision, after review, will be final.

We reserve the right to: request changes to, make changes to, and/or disable, any web site, account, database, or other component that, in our sole discretion, does not comply with this policy.

We reserve the right to charge the you a clean-up fee, if any of your sites are used to send spam. The amount of the fee will be left to the absolute discretion of HostGator.com,^®the host company for Domain Neighbors S. A.

5.) Payment Information

You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that: until, and unless, you notify Domain Neighbors S. A. of your desire to cancel any or all services received, or until, and unless, you notify Domain Neighbors S. A. of your desire to modify payment options, those services will be automatically billed on a recurring basis.

We reserve the right to change the monthly payment amount, and/or any other charges, at any time.

6.) Back-ups, Data Loss, and Accountability

Your use of this service is at your own risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred, and to maintain all appropriate back-up files and data stored on our servers.

Domain Neighbors S. A. maintains absolute control over all accounts. We DO NOT, however, claim any responsibility for the content of such accounts, nor do we acknowledge any culpability for any outcome brought about by, or as a result of, the content of any such accounts.

7.) Cancellation, Refunds, and Free Trial Period

We maintain absolute control over all accounts, and reserve the right to cancel any account at any time. Any account cancelled, by us, due to a violation of any of these terms and conditions, will NOT be entitled to any refund of fees paid to Domain Neighbors S. A.

Customers may cancel at any time. Accounts that are cancelled by the account holder, not in violation of these terms and conditions, WILL be entitled to a refund, prorated for the unused portion of the purchased package.

"Dedicated" and "Colocation" accounts are NOT entitled to any refund for unused time, regardless of the reason for cancellation.

Only "first-time accounts" will be entitled to the 1-month FREE TRIAL PERIOD. If you have an existing account with us, and you open a second account, the second (and any subsequent) account will be considered a "first-time account." If, however, you open an account, then close that account, or have that account cancelled for violation of these terms and conditions, any subsequent accounts will NOT be considered a "first-time account." If, an account is opened, then closed/cancelled as mentioned above, and a new account is opened by the same customer, using an alias, and, it is determined by the Board of Directors of Domain Neighbors S. A. that the aforementioned action was carried out solely to acquire the 'value' of the FREE TRIAL PERIOD, we will have the right to pursue the individual(s) perpetrating the action, for the value of the applied-for web space, plus any legal fees incurred by Domain Neighbors S. A.

8.) Resource Usage

Users may not initiate any of the following:

Use of 25% or more of system resources for longer than 90 seconds. There are numerous activities that could lead to such an infraction. They include, but are not limited to: CGI scripts, FTP, and HTTP.
Run any type of interactive real-time chat application that requires server resource. Remotely hosted services are permitted.
Run stand-alone, unattended server-side processes, at any time. This will be interpreted to include all 'daemons.'
Run any software that interfaces with an "Internet Relay Chat" (IRC) network.
Run any gaming servers such as counter-strike, half-life, battlefield 1492, and/or others.

9.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package purchased. Should your account exceed the allocated bandwidth of the purchased hosting package, we reserve the right to suspend the account until the beginning of the next allocation period, suspend the account until more bandwidth is purchased (additional fee,) suspend the account until an upgrade to a higher level account is purchased (additional fee,) and/or terminate the account and charge an additional fee for the bandwidth overage.

Unused bandwidth does not accrue, and can not be applied to subsequent months.

10.) Price Changes

The amount that you pay for hosting will never increase from the 'date of purchase amount.' We reserve the right, however, to change the listed prices on our web site, and/or to change the amount of resources offered with any plan.

11.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney's fees asserted against us, our agents, our customers, our officers, our board of directors, and our employees, that may arise, or result from, any service provided, or performed, or agreed to be performed, or any product sold by customer, its agent(s,) its employee(s,) and/or its assign(s.) Customer agrees to defend, indemnify and hold harmless any liabilities arising out of ;

any injury to person(s) or property caused by any product(s) sold, or otherwise distributed, in connection with us;
any material supplied by customer, infringing or allegedly infringing on the proprietary rights of a third party:
copyright infringement, and/or
any defective product(s) sold from any HostGator.com server.

12.) Disclaimer

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied, for services we provide. We disclaim that our service will provide any warranty or merchantability or fitness for any particular purpose. This includes, but is not limited to: loss of data resulting from delays, missed or no delivery(ies,) and/or any and all service interruptions caused by HostGator.com, us, and/or any agent(s) of HostGator.com or us.

13.) Changes to TAC

We reserve the right to revise these Term and Conditions, at any time, without notice. Your continued use of the service, subsequent to any such revision(s,) will constitute full agreement with the Terms and Conditions as revised.

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