By submitting the online order form, or by using Reliable-Host ’s service, Customer hereby agrees to Reliable-Host’s Terms of Service (TOS), Acceptable Use Policy (AUP), No Spam Policy (NSP), and Privacy Policy.

Unless otherwise specified, in this TOS, the AUP, the NSP, and the Privacy Policy, the usage of “us”, “we”, “our”, and “ours” shall refer to Reliable-Host, Inc., a Wiltshire corporation, and all its parents, subsidiaries, successors, and assigns. The usage of “you”, “your”, “they”, and “them” shall refer to the Customer of Reliable-Host.

Customer agrees that it shall comply with this TOS, Reliable-Host ’s Acceptable Use Policy (AUP), and Reliable-Host’s No-Spam Policy (NSP). Customer further agrees that it has read Reliable-Host’s Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.

1. General Terms.

In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:

1.1. Customer agrees to pay, in advance of each service term, for hosting services to be rendered.

1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order Reliable-Host ’s service for a certain minimum period of time.

1.3. Customer agrees to a no-refund policy in advance. Setup fees and monthly web hosting service fees are non-refundable.

1.4. Non-Payment of services shall result in a 1-day notice of disconnection. All payment failures must be cured within 1 business days or account will be terminated.

1.5. Reliable-Host is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for Reliable-Host’s services.

1.6. Customers agree to pay all taxes applicable to your account.

2. Agreement for Services.

2.1. Reliable-Host will provide, and Customer will purchase and pay for, the Web hosting services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.

3. Payment.

3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to Reliable-Host.

3.1.1. Customer must pay in full for the Services before Reliable-Host begins to provide the Services to Customer.

3.1.2. Setup fees will be charged and are due at the time of the Customer’s initial request of the Services requiring setup.

3.2. Payment is due on the defined monthly recurring billing date of each month. All returned checks will be charged a $20.00 service fee. Service will be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by Reliable-Host will be turned over to an outside agency for collection.

4. Delinquent Accounts.

Reliable-Host may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which Reliable-Host may be entitled under this Agreement or under applicable law.


5. Refunds and Disputes.

IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 5, ALL PAYMENTS TO Reliable-Host ARE NONREFUNDABLE.

All payments to Reliable-Host are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in Reliable-Host’s sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.
Terms of Service (TOS);

Acceptable Use Policy (AUP); or

No-Spam Policy (NSP).
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from Reliable-Host and does not apply to any changes to your service at any time.

7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.

8. Reliable-Host reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:

8.1. the Acceptable Use Policy, or

8.2. the No-Spam Policy.

9. Customer agrees to defend, indemnify, and hold harmless Reliable-Host, and the parents, subsidiaries, successors, assigns, employees and agents of Reliable-Host against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.

10. Reliable-Host SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR

10.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF Reliable-Host’S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR

10.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.

11. Reliable-Host PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Reliable-Host DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND Reliable-Host SHALL HAVE NO LIABILITY THEREFOR.

12. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Reliable-Host DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.

13. Reliable-Host DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.

14.No Waiver of Rights by Reliable-Host.

Any failure by Reliable-Host to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of Reliable-Host’s rights.


16. Notices.

16.1. From Reliable-Host to Customer.

Reliable-Host will notify you by e-mail of any notices that Reliable-Host is required to provide to you under this Agreement, at the most current e-mail address you have provided to Reliable-Host.
By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that Reliable-Host has your most current e-mail address, and Reliable-Host shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that Reliable-Host sends to the most current e-mail address you have provided to Reliable-Host.


18. Currency.

All monetary amounts to which this Agreement refers shall be in United States dollars.

19. Entire Agreement.

This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and Reliable-Host, and supersedes any prior or previous agreements between you and Reliable-Host with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which Reliable-Host notifies you from time to time, pursuant to this Agreement.

20. No Oral Modification of this Agreement.

This Agreement may not be modified orally.

21. Assignment.

21.1 Customer shall not assign or attempt to assign its obligations under this Agreement without Reliable-Host’s prior and express written consent to such assignment.

21.2. Reliable-Host may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.

22. Consent to Jurisdiction; Venue.

Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined Reliable-Host.

23. Choice of Law.

For all purposes, this Agreement shall be deemed to have been made within the State of Texas, United States of America. This Agreement shall be governed by the laws of the United States of America and the laws of the State of Texas, without regard to Texas’ choice of law and conflicts of law rules, and Reliable-Host and Customer each submit to the exclusive jurisdiction of the courts of Harris County, Texas, or to the United States District Court for the Southern District of Texas, should any claim or question arise under Federal law or federal jurisdiction based upon diversity of citizenship.

24. Force Majeure.

Reliable-Host shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of Reliable-Host.

25. Severability of Terms of this Agreement.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.

26. Limitation of Actions Arising Under this Agreement.

Any cause of action you may have with respect to Reliable-Host’s performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.