1.1 Term. This agreement shall be for (a) 30 days or (b) 12 months depending on the service length you selected upon signup. This agreement will be automatically renewed at the end of each term unless you cancel your service with (a) 7 days for 30 day terms or (b) 30 days for 12 month terms by completing the cancellation process in the customer service area of the support website.

1.2 Payment. You agree to pay Hand Hosting the fee outlined in your selected service offering in advance. You also agree this amount shall be removed from the credit card (or other electronic payment medium) on file automatically per your term until you cancel your account with Hand Hosting. You agree to keep your billing information up-to-date and will notify Hand Hosting of any change in billing address or other billing information.

1.3 Failed Charge Fees. If your charge is denied for any reason we will automatically attempt to re-bill your method of payment with 10 business days of the original attempt. An additional $10.00 fee will be assessed for every additional attempt. If your payment fails 3 times in succession you will be charged a $50.00 reactivation fee prior to your accounts being reactivated.

1.4 Refunds. If you are not completely satisfied with your Hand Hosting service you may cancel any time within your first twenty-one (21) days of initial singup and receive a complete refund of all fees paid for this account WITH THE EXCEPTION OF ANY SETUP, DOMAIN REGISTRATION, OR EXTRA DOMAIN SERVICE FEES . AFTER YOUR FIRST TWENTY-ONE (21) DAYS ALL CHARGES ARE NON-REFUNDABLE.

1.5 Upgrades. You may upgrade your account to a higher service plan at any time during your term. If you term is 30 days, the new service will take effect upon the next billing cycle. If your plan is 12 months your new plan will go into effect within 5 days of confirmation of payment receipt for additional charges. In addition, on the 12 month plans you will be renewing your term for a new 12 month period and will receive a credit towards this new term for any remain time prorated from your previous plan for the date of the upgrade to the end of your previous term.

1.6 Remedy. You agree your sole and exclusive remedy to any issues relating to the Hand Hosting service is to discontinue using the Service.

2. User Agreement

2.1 Content. You agree you are fully and completely responsible for the content of any website, message or other medium and any concequeses thereof. You agree not to do or post anything that would restrict any other user from enjoying the Internet. You also agree not to use your Hand Hosting services to send or publish any information that is Unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or any any way a criminal offense, or may give rise to civil liability or otherwise objectional material. Hand Hosting reserves the right to terminate or suspend any account or service, without refund, with no prior notice if Hand Hosting, at its sole discretion, determines you are in violation of any of the previous guidelines.

2.2 Eligibility. You warrant that you are over the age of 18. If under the age of 18 your account must be maintained and operated by your legal parent or guardian. You agree to provide Hand Hosting with your full legal name, address, phone number and email address. You also agree you are an authorized user of the billing information you provide and you understand we have an obligation to fully investigate any possible payment fraud.

2.3 User Conduct. You agree to abide by all state, local and federal laws.

2.4 Use of Services:

2.4.1 Responsability. You are responsible for the content of your site and any consequences thereof. You warrant that you will not use Hand Hosting Services for unlawful purpose.

2.4.2 You may not use your service for any of the following:

• Any process that requires more than 3MB of memory (RAM), more than 14 CPU seconds, or uses more than 1% of all available system resources.
• Any locally hosted real-time chat applications. Unless they are provided by or approved by Hand Hosting prior to initial use.
• Any program or other device that provides services (CGI or other) to any web (or other) site not on your account.
• Any stand-alone, unattended server processes (daemons) such as IRCD.
• Any site which contains or promotes adult content. Including, but not limited to pornographic, nudity or sexually explicit material. Hand Hosting will notify law enforcement agencies and terminate your account without refund if we become aware of any child pornographic material is displayed, stored or transmitted via your account.
• Any site which promotes illegal, offensive, or harmful activities. Including, but not limited to hacking, cracking, libelous conduct, illegal conduct.

2.4.3 You agree to follow the following usage rules:

• Data bases may not be used for logging information available through other mechanisms on your account or used for services for sites not related to your account. This includes, but is not limited to site statistics tracking. This information is available via your web-based control panel.
• No cron job may be run more frequently than every two hours.
• You agree not to knowingly or unknowingly interfere with the proper operation of Hand Hosting systems and the Hand Hosting Network.
• You agree not to knowingly or unknowingly interfere with the proper operation of other systems on the Internet. This includes, but is not limited to attempting to break or break into other systems on the Internet from Hand Hosting’s systems.

2.4.4 SPAM. Hand Hosting has a ZERO TOLERANCE policy in relation to SPAM (Unsolicited email). Any user who sends SPAM will have their account suspended or terminated with no notice and a fee of up to $10.00 per recipient will be billed to you. This policy is in effect regardless of whether the message(s) was sent from Hand Hosting equipment or any other server on the Internet advertising a site or service hosted by Hand Hosting.

2.4.5 Reselling. You agree you have signed up for this account for your own personal or business use and will not resell any of the services or disk space to other parties unless you have signed up for an account specifically designated as a “Reseller” account. If you have signed up for a “Reseller” account you agree to hold your users to this agreement in full and at your own risk.

3. Termination. Hand Hosting may terminate this agreement and your access/service at anytime, with or without cause, effective immediately. Hand hosting shall have not responsibility to notify any third-party providers of service, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone who Hand hosting determines has violated this agreement may be barred from receiving any services from Hand Hosting. We reserve the explicit right to terminate your service at any time, with or without notice, for abuse in any form of our company, servers, and/or breaking this agreement.

5.1 Security. You agree that Internet communications are not secure, and may be subject to interception or loss. Hand Hosting makes no warranties of any kind, express, implied, or statutory concerning the data or information available through the Hand Hosting Network. You agree Hand Hosting is not considered a “secure communications medium” for the purposes of the ECPA, and that no exception is afforded.

5.2 Availability. Hand Hosting makes no warranties of any kind, express, implied, or statutory concerning the availability of the network. Refunds are not granted for service interruptions. However, in the case of a server failure in excess of concurrent 48 hours, a service credit prorated to the length of the outage shall be used to extend your current term.

5.3 Force Majeure. If by any reason of failures of telecommunications or Internet service provider, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or any other action of the elements, accidents, governmental restrictions or other cause beyond the control of Hand Hosting, and Hand Hosting is unable to perform in whole or in part its obligations as set forth in this agreement, then Hand Hosting shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make Hand Hosting or Geek Industries, LLC liable to the User.

5.4 Data Protection. Unless explicitly stated in your selected service plan, no backups or copies of your data are retained or created by Hand Hosting. You are solely responsible for keeping a copy of your most current data as a backup on a remote system. HAND HOSTING IS NOT RESPONSIBLE FOR ANY LOST OR STOLEN FILES, DATA OR INFORMATION. ***In cases where your service level provides backup services, a copy of your data will be made once per week. HAND HOSTING IS NOT RESPONSIBLE FOR BACKUPS MORE FREQUENT OR FOR ANY DATA LOST BETWEEN BACKUPS IN THESE CASES.***

5.5 Monitoring of Service.

• You agree that Hand Hosting has the right to monitor the service electronically and disclose any information, as necessary, to satisfy law, or to protect itself and/or subscribers.
• Hand Hosting reserves the right to remove or refuse to post any information, in whole or in part, that, at its sole discretion, are unacceptable, undesired, or in violation of this agreement.
• Hand Hosting reserves the right to monitor any and all communication or data traveling through or residing on Hand Hosting equipment or the Hand Hosting network.

6. SSL Certificates. All warranties. monetary or otherwise, are provided by InstantSSL and must be handled directly through InstantSSL. All fees paid for SSL certificates are non-refundable and SSL certificates are NOT transferable.

7. Relationship of Parties. This agreement shall not be construed as creating an agency, legal representative, partnership, or other form of joint enterprise between parties. Neither party shall have the ability or authority to contract for or bind the other in any manner.