TOS

• Term and Termination: Unless requesting Hourly Services (as defined in paragraph 4 below) or otherwise agreed to by the parties in writing, Customer agrees to a month-to-month contract term for services. The month-to-month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer. Please carefully review Future Hosting’s cancellation policy set forth in Paragraph 9 below. Future Hosting may terminate this Agreement upon non-payment as set forth in paragraph 11 below. At its sole discretion, Future Hosting may terminate this Agreement if Customer violates any terms and conditions of Future Hosting’s AUP.

• Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date (“Anniversary Billing Date”) for all future billings including one time fees, upgrades, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.

• Upgrade Fees: Upgrades ordered on the Anniversary Billing Date will be billed for a full month service and will continue each month on the Anniversary Billing Date. Upgrades ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.

• Hourly Service Fees: For any services offered by Future Hosting on an hourly basis (“Hourly Services”), Customer shall specify the period of time for which the Hourly Services are requested, or cancel at any time. The minimum period of time for which Hourly Services may be requested is one (“1”) hour and Customer will be billed in full hourly increments, and no breakdown by minutes shall be permitted. Unless otherwise specifically stated in the MSA, Customers who request Hourly Services agree to all terms and conditions in Future Hosting’s MSA, including but not limited to these TOS and the AUP. Customers will be billed for Hourly Services and receive any SLA credits, if applicable, on the Anniversary Billing Date (as set forth and defined in paragraph 2 above).

• Additional Service Fees: Additional services, not including Hourly Services, ordered on the Anniversary Billing Date will be billed for the full month service and will continue each month on the Anniversary Billing Date. Additional services ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.

• One Time Fees: One time fees, such as setup fees, administrative fees and late fees are due and payable at the time they are incurred, and/or agreed upon in writing or via ticket with Future Hosting’s approval. One time fees, such as bandwidth overages are due and payable upon an invoice following the billing cycle in which they are incurred, and are based on standard rates, or as otherwise agreed upon in writing or via ticket with Future Hosting’s approval. Bandwidth overages may be billed prior to end of bill cycle and service may be suspended in the event your overage exceeds ten percent (10%) of your monthly allotment unless otherwise approved in writing by Future Hosting.

• Taxes: Customer is responsible for paying all foreign, federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect to any services, other than those taxes based on Future Hosting’s net income.

• Service Credits: SLA credits will be issued to your Customer account and shall be used to offset future billable services. SLA credits shall not be issued as cash back to the Customer nor shall the service credits be transferable to other account holders. SLA credits shall expire if Customer’s account is fully terminated.

• Cancellation: Customer may submit a cancellation request using the Customer Portal and selecting the ‘Request Cancellation” option next to the service you are canceling. The Customer Portal is located at https://my.futurehosting.com. Future Hosting does not permit cancellation via any other method, including, but not limited to: tickets, e-mails, telephone, facsimile or postal mail. Any notice of termination will be effective on the following billing due date for the Service being terminated, thirty (30) days after the cancellation notice is submitted or the end of your Term, whichever is longer. All Customer data remaining after the cancellation date will be destroyed for security and privacy reasons, unless otherwise required by law.

• Refunds & Disputes: All services rendered by Future Hosting are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket inside the Customer portal located at https://my.futurehosting.com. Customer agrees not to chargeback or dispute any credit card or PayPal payments for services rendered. A chargeback or dispute of payment for services rendered will result in an additional charge of one hundred fifty dollars (“$150”) and will be subject to collection by an authorized collection agency. Disputes or chargebacks will result in immediate service termination. Customer is responsible for any fees and costs (including, but not limited to, reasonable attorneys’ fees, court costs and collection agency fees) incurred by Future Hosting in enforcing collection.

• Non-Payment: All payments are due in full on the Anniversary Billing Date. Failure to remit payment for services on the Anniversary Billing Date is a violation of the TOS. Failure to remit payment on the Anniversary Billing Date, shall result in a termination of public access to all Customer services under an account. Failure to remit payment for services within three (“3”) consecutive days, including the Anniversary Billing Date, shall result in termination of access to the service network and all services shall be reclaimed. A late fee of twenty dollars (“$20”) will be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date. A fifty dollar (“$50”) reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. All Customer data remaining after three (“3”) days of non-payment will be destroyed for security and privacy reasons, unless otherwise required by law. Any customer owned equipment (colocation) shall become the property of Future Hosting in the event of non-payment.

• Data: Future Hosting agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership. In the event that Future Hosting handles Customer data, i.e., when replacing hard drives, Future Hosting will act in accordance with PCI guidelines to ensure data is securely handled.

• Managed Services: Managed Services cover basic management services including installation of some third party items such as: ImageMagick, Fantastico, Urchin, GD Library, etc. Installation of server needed components such as PHP recompiles, Perl modules, etc. While most requests are covered under the managed VPS package, some requests would be billed at an administration fee of $30/hour. In the event of any billable work, Customer will be notified via ticket prior to commencement of work.

• Unmanaged Services: Unmanaged plans are eligible for hardware and network related support issues only. Tickets submitted for other requests will result in a fee or $30/hour. You will be advised of any fee that may be incurred prior to work being completed on your behalf.

• Business Continuance Protection (“BCP”): The business continuance protection is meant as a safeguard for your server. This $3.95 per month service will alleviate any costs related to bandwidth overage from DDOS related issues. The service must be purchased prior to any covered issues. Should an attack occur on your server, we may disable the server if the issue is directly affecting other users. Bandwidth overage fees during the attack will be waived under this protection. Intentional attacks by the customer will result in a violation of the legal agreements and will result in methods of resolution under the acceptable use policy. BCP is not available in all datacenter locations.

• Discounts: Advertised weekly specials or sales are available for new customers only. Existing customers may be eligible for other promotions. Customers attempting to circumvent this by ordering under different names or new accounts will have the discounts removed. Weekly specials are offered based on node availability. Offers may be revoked at any time without notice. Discounts on an existing plan may be carried through upgrades within the same service line. In the event of a downgrade, all discounts are revoked. Offers may not be combined unless otherwise stated.

• Virtual Private Server Disk Inodes: All VPS packages include 2,000,000 disk inodes by default. Future Hosting reserves the right to restrict the usage to a maximum of 5,000,000 inodes.

• Identity Use: Customer agrees to use the Future Hosting logo, Future Hosting information, and/or related services in accordance with Future Hosting’s approved marketing guidelines. Future Hosting agrees not to use Customer logos without prior written consent of Customer.

• Permitted Use: By accepting the MSA, Customer agrees to use Future Hosting’s services solely for their intended purposes. CUSTOMER SPECIFICALLY AGREES NOT TO TAMPER WITH, MAKE DERIVATIVE WORKS OF, REVERSE COMPILE, REVERSE ENGINEER AND/OR DISASSEMBLE ANY OF FUTURE HOSTING’S SOFTWARE OR FILES. If Customer violates or exceeds the Permitted Use, Future Hosting reserves the right to immediately terminate Customer’s account and will pursue any and all legal remedies available.

• Force Majeure: Neither party shall be deemed in default hereunder, nor shall either party be responsible for any cessation, interruption, or delay in the performance of its obligations under the MSA where such failure of performance is the result of any force majeure event, including, but not limited to, earthquake, flood, fire, storm, natural disaster, act of God, civil disturbances, war, terrorism, armed conflict, riots, failure of contractors or subcontractors to perform, labor strike, lockout, boycott, or acts of governmental authorities.

• LAWS: CUSTOMER AGREES TO ABIDE BY ALL LOCAL, STATE, AND FEDERAL LAWS PURSUANT TO SERVICES DELIVERED IN NOVI, MICHIGAN, UNITED STATES OF AMERICA. THIS AGREEMENT IS MADE UNDER AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. EXCLUSIVE VENUE AND JURISDICTION FOR ANY AND ALL LEGAL REMEDIES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE OAKLAND COUNTY, NOVI, MICHIGAN. EACH PARTY IRREVOCABLY CONSENTS TO THE FOREGOING JURISDICTION AND VENUE REQUIREMENTS AND WAIVES ANY AND ALL OBJECTIONS TO SUCH REQUIREMENTS.

• INDEMNIFICATION: CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS FUTURE HOSTING, FUTURE HOSTING’S AFFILIATES, AND ITS RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, 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 CUSTOMER’S CONTENT, ILLEGAL ACTIVITY AND/OR ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF A THIRD PARTY’S COPYRIGHT, TRADE SECRET, PATENT, TRADEMARK, OR OTHER PROPRIETARY RIGHT.
• LIMITATION OF LIABILITY: EXCEPT AS DESCRIBED IN THE SLA, FUTURE HOSTING SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. FUTURE HOSTING SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS MSA, THE MAXIMUM AGGREGATE LIABILITY OF FUTURE HOSTING AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR HOSTING SERVICES FOR THE SIX MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM.

• Arbitration: Any controversy or claim arising from service or related to this MSA or breach therein in excess of five hundred dollars (“$500”) shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The venue and jurisdiction requirements set forth above apply to any arbitration proceedings. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.

• Legal Compliance: By accepting this MSA, Customer represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties. Customer further represents and warrants that he/she has full authority and power to execute this Agreement on behalf of the Company he/she represents, if any. Additionally, Customer warrants that he/she is at least eighteen (“18”) years of age or older and are not otherwise legally incapacitated to execute this Agreement.

• Electronic Signature: Acceptance by Customer of the MSA incorporating the TOS, AUP, SLA, PA and CSA hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.