2. Description of Service

Hampshire Hosting will rent Internet server space to clients for the purpose of allowing them to provide internet content to the general public. The services allow Participants to maintain internet websites, receive and maintain e-mail accounts, and access web space via FTP to upload files for their websites. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new features available to clients, shall be subject to the TOS. THE PARTICIPANT UNDERSTANDS AND AGREES THAT THE SERVICE IS PROVIDED "AS-IS" AND THAT HAMPSHIRE HOSTING ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS.

3. Client Use of Services

Disk Space and Client Content: Accounts are to be used by the primary owner only. Account holders are not permitted to resell web-hosting services of their website to other parties. Participant agrees that web pages and files uploaded to our servers will not violate any state, provincial, federal or foreign laws or regulations; infringe on any intellectual property rights of Hampshire Hosting or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Hampshire Hosting or any third party. Clients may not run IRC bots or clients.

Bandwidth Usage: Clients who exceed their allotted transfer/bandwidth for their plan will be notified and given the option of purchasing more bandwidth at a rate of $1.00/GB or to upgrade to a higher package.

Excessive Resource User Policy: Resources are defined as bandwidth and/or processor utilization. A website is considered to be using "Excessive amounts of resources" when it monopolizes the resources available by using 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the rights to suspend or terminate any hosting account that we feel is jeopardizing our network. Hampshire Hosting will be the sole and final arbiter as to what constitutes a violation of this policy.

4. Client Conduct

Clients will use the service in a manner consistent with all applicable state, provincial and federal laws. Hampshire Hosting will make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide the service. If any of the activities referenced in Paragraph 5 below are committed, Hampshire Hosting may immediately terminate Participant's account(s) without notice. Hampshire Hosting will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this TOS Agreement.

All information, text, graphics, photographs, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the client, and not Hampshire Hosting, is entirely responsible for all content that is uploaded, posted, e-mailed, transmitted, or otherwise made available via the service. Hampshire Hosting does not control the content posted, and as such, does not guarantee the accuracy, integrity, or quality of such content. Under no circumstances will Hampshire Hosting be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available via the service. The Participant acknowledges and agrees that Hampshire Hosting may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property or personal safety of Hampshire Hosting, its users and the public.

Although Hampshire Hosting maintains strict confidentiality on client information, there are certain exceptions in which Hampshire Hosting may disclose information in its possession, including but not limited to information about the Participant's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. Hampshire Hosting has no obligation to notify Participant about whom the information is sought or that The Authors Guild has provided the information. Participant acknowledges the above exceptions and agrees to them without reservation.

5. Prohibited Actions By Hampshire Hosting Clients

The client shall not use the service to:

a. upload, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or invasive of another's privacy;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Hampshire Hosting official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;
e. upload, post, e-mail, transmit or otherwise make available any content that the member does not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, e-mail, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "bulk" email, newsgroup spam, "warez", "cracks" or software serial numbers, or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service, or access or attempt to access password protected secure or non-public areas of any Hampshire Hosting Web Site;
j. violate any applicable local, state, provincial, national or international law;
k. "stalk" or otherwise harass another; or
l. collect or store personal data about other users.

Licensed Software Only: Participant agrees to use only properly licensed third party software in connection with Participant's use of the Services.

6. Disclaimer of Warranties
Hampshire Hosting does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the client is solely responsible for independent backup of data stored on Hampshire Hosting servers and network.

Client agrees to use the services and any information obtained through or from Hampshire Hosting at client's own risk. You acknowledge and agree that Hampshire Hosting exercises no control over, and accepts no responsibility for, the content of information passing through Hampshire Hosting servers, network hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. Hampshire Hosting EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CLIENTS OR STORED BY CLIENTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY HAMPSHIRE HOSTING PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Paragraph will survive any termination of this agreement.

Hampshire Hosting is not responsible for any interruption in service or down time that may occur, due to external network disruptions. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all scheduled service interruptions caused by Hampshire Hosting.

7. Limitation of Liability

You agree that Hampshire Hosting will not be responsible for any losses that may incur where services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Hampshire Hosting at the time) which may exist in the services or in Hampshire Hosting's equipment used to provide the Services.

Under no circumstances will Hampshire Hosting be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by client, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. Hampshire Hosting will not be liable to client, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to The Authors Guild's records, programs, equipment or services.

The client's use of the service is at his or her sole risk. The service is provided on an "as is" and "as available" basis. Hampshire Hosting expressly disclaims all warranties of any kind.

Any material downloaded or otherwise obtained through the use of the service is done at the discretion and risk of the client, who will be solely responsible for any damage to a computer system or loss of data that results from the download of any such material.

The terms of this Paragraph will survive any termination of this Agreement.

8. Indemnity

The client agrees to indemnify and hold Hampshire Hosting, its affiliates, officers, agents or other partners and employees, completely harmless from any claim or demand, including reasonable attorney's fees and court costs, made by any third party due to or arising out of content submitted, posted, transmitted or otherwise made available through the service by the client, the client's use of the service, the client's connection to the service, the client's violation of the TOS, or the client's violation of any rights of another.

9. Participant Account, Password and Security

The client will receive a password and account designation upon completing the Hampshire Hosting registration process. The client is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under the password or account. The client agrees to (a) immediately notify Hampshire Hosting of any unauthorized use of a password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Hampshire Hosting cannot and will not be liable for any loss or damage arising from the client's failure to comply with this paragraph.

10. Charges and Billing

The client hereby agrees to remain a Hampshire Hosting customer in good standing for the entire term of this agreement. Should the client fail to maintain his or her payments, the rights under this agreement shall be immediately terminable by Hampshire Hosting. The client also hereby agrees to pay all applicable fees incurred in connection with the Hampshire Hosting service account and the service chosen. It is the client's responsibility to notify Hampshire Hosting if you wish to make changes to your service or your service is interrupted. Until such notice has been received, client will be responsible for charges incurred for the service rendered, even if such Service has been interrupted. All fees shall be paid in U.S. Dollars.

11. Payment Obligations, Renewals, and Cancellations

Payment Obligations: Full payment is required in advance, before hosting service is established. You grant Hampshire Hosting the right to debit the credit card or account you provided in the order process for services you signed up for on a monthly or semi-annual basis, until such service is cancelled by you or Hampshire Hosting according to terms of this agreement. You warrant and represent that the information you supply in the ordering process (or other information that Hampshire Hosting may require) is accurate and truthful. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. If payment is not received by the renewal date, your account will be suspended. Once your account is suspended, you will need to pay for the monthly fees to reopen the account.
Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to the Hampshire Hosting seven (7) days before the renewal date that you do not wish to renew such account.
Cancellation: Clients may cancel at anytime, but will be obligated to pay all fees and charges accrued prior to the effectiveness of the cancellation. Accounts that are terminated by Hampshire Hosting will not receive any refund. All cancellations must be received in writing as per the deadlines indicated; regular mail, e-mail and fax notifications are acceptable.

12. Links

Hampshire Hosting, clients, or third parties may provide links to other Internet web sites or resources providing these resources meet the TOS of Hampshire Hosting. Because Hampshire Hosting has no control over such sites and resources, the client acknowledges and agrees that Hampshire Hosting is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The client further acknowledges and agrees that Hampshire Hosting shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

13. Termination

The client agrees that Hampshire Hosting, in its sole discretion, may terminate a client's password, account (or any part thereof), or use of the service, and remove and discard any content within the service, for any reason, including, without limitation, if Hampshire Hosting believes that the client has violated or acted inconsistently with the letter or spirit of the TOS. Hampshire Hosting may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. The client agrees that any termination of access to the service under any provision of this TOS may be effected without prior notice, and acknowledges and agrees that Hampshire Hosting may immediately deactivate or delete an account and all related information and files in an account and/or bar any further access to such files or the service. Further, the client agrees that Hampshire Hosting shall not be liable to the client or any third-party for any termination of access to the Service.

14. No Resale of Service

The client agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.

15. Copyright Infringement

If a client believes that his or her work has been copied in a way that constitutes copyright infringement, or his or her intellectual property rights have been otherwise violated, please provide Hampshire Hosting with the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and e-mail address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

16. General Provisions

The TOS constitute the entire agreement between the client and Hampshire Hosting and governs the use of the service, superseding any prior agreements between the client and Hampshire Hosting. The client also may be subject to additional terms and conditions that may apply when client uses affiliate services, third-party content or third-party software. The TOS and the relationship between client and Hampshire Hosting for the service shall be governed by the laws of the Province of Prince Edward Island without regard to its conflict of law provisions. Both parties will submit to personal jurisdiction in Canada. The failure of the Hampshire Hosting to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.

17. Entire Agreement; Competence to Enter Agreement

This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements
Client hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of client is duly authorized to accept, execute and deliver this agreement on behalf of client.