1. General Aggrement

1.1 Payments and Invoicing
1.1.1 In consideration of the performance of the Prehost.net Services, Client shall pay Prehost.net in advance the amount set by Prehost.Net. This amount is amended from time to time for the Prehost.net services provided the during the term of this aggrement.

1.1.2 Client is responsible for all activities and charges resulting from Client's use of the Prehost.net Services. Client agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by Client and set forth in the monthly billing statement. Client acknowledges that no refunds will be given by Prehost.net in the event that Client's account is terminated by Prehost.net or Client mid-term.

1.1.3 Prehost.net reserves the right to change fees, surcharges, monthly membership fees or to institute new fees at any time upon thirty (30) days' (of end of current contract term) prior notice to Client. In addition, Prehost.net may institute special trial offers, from time to time which shall be reflected in the confirmation letter sent to Client upon sign up.

1.1.4 If Prehost.net does not receive the full amount of Client's Prehost.net service account balance by the third day of a new service period, account suspension may occur.

1.1.5 Money Back Guarantee. If client does not want to be sustain his account first week for monthly and quarterly terms or first month for semi-anually and anually terms of contract term due to be unhappy about our services client can be refund all his/her money (excluded bank fees, paypal fees etc.) back unless usage of bandwidth is applicable. The ways you cannot get a full backup explain in 1.1.6. If client account's usage bandwidth is over 100Mb additional bandwidth charge has declined from client's refund. Bandwidth charge is $1 for every 0 to 1024Mb.

1.1.6 Not Refundable Money. If client account terminated due to illegal activities, spam, excessive usage of resources, or any other things that cause your account terminated, client cannot get back their money.

1.2 Responsibilities, Rights and Status of Prehost.net.
1.2.1 Prehost.net has the right to control and direct the means, manner, and method by which the services are performed. Prehost.net shall perform the services in a professional manner.

1.2.2 Support. Prehost.net shall provide a reasonable level of technical support to Client telephone support, live messenger support, ticket system, and/or online manuals/faq for the term of this Agreement.

1.2.3 Other Work. Prehost.net has the right to perform and license products to others during the term of this Agreement. Prehost.net may elect to electronically monitor the services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate services and protect its Clients. Prehost.net reserves the right to block any site/account hosted by Prehost.net that contains/transfers any content that it deems in its sole discretion to be unacceptable or undesirable.

1.3 Responsibilities and Rights of Client.
1.3.1 Client Liaison. Client shall designate a contact person who shall act as a liaison between Client and Prehost.net. Client certifies to Prehost.net that he/she is not a minor. A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision. Client agrees to provide Prehost.net with accurate, complete and updated information required by the registration/initiation of the Prehost.net service (Client Registration Data), including Client's legal name, address, telephone number(s), and applicable payment data ( e.g., credit card number and expiration date ). Client agrees to notify Prehost.net within thirty (30) days of any changes in Client Registration Data. Failure to comply fully with this provision may result in immediate suspension or termination of your right to use Prehost.net Services.

1.3.2 Acceptance of Prehost.net Services. Client shall have the right to evaluate the Prehost.net Services as set forth in General Aggreement for a period of thirty (30) days after initiation of the Prehost.net Services, at the charge, if any, set forth in contract or elsewhere offered by Prehost.net and confirmed in the confirmation letter. If Client determines that any Prehost.net Services do not reasonably satisfy the standards provided herein, then Client shall promptly notify Prehost.net of such deficiency. Prehost.net shall use commercially reasonable efforts to cure such deficiency . In the event Prehost.net is unable to cure such deficiency, Client's sole and exclusive remedy shall be the refund of the amounts paid by Client under the Agreement, and the right to terminate this Agreement.

1.3.3 Fees and Expenses. Client shall be responsible for payment of all costs, fees and expenses assessed by third parties in the course of being provided Prehost.net Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between Client and InterNic.

1.3.4 Third-Party Software. Third-Party software available through the Prehost.net Service may be governed by separate end user licenses. By using the Prehost.net Services and the third-party software, you agree to be bound by the terms of such end user licenses regarding the applicable third-party software.

1.3.5 Management of Site. Client shall be solely responsible for all content available on or through its site, and shall at all times be subject to the terms of this Agreement, Prehost.net's then-standard Basic Policy and Service Guidelines (AUP), Prehost.net Terms of Service (TOS), and any generally applicable guidelines and service standards published by Prehost.net. Client warrants that its content hosted on the Prehost.net network (I) will conform to the Prehost.net Terms of Service (TOS) attached hereto as Exhibit B; (II) will conform to the Prehost.net Basic Policy and Service Guidelines (AUP) attached hereto as Exhibit D; (III) will not infringe and will not contain any content that infringes on or violates any copyright, U.S. patent or any other third-party right; and (IV) will not contain any content which violates any applicable law, rule or regulation. Prehost.net shall have no obligations with respect to the content available on or through any site hosted on the Prehost.net network, including, but not limited to, any duty to review or monitor any such content. Prehost.net reserves the right to block any site that violates any of the above-stated terms, or which in Prehost.net's sole discretion, Prehost.net deems objectionable or offensive, or otherwise violates a law or Prehost.net policy, or, in the alternative, to terminate this Agreement in accordance with Section 1.5.2 and 1.5.3 herein.

1.3.6 Service Level Agreement (SLA). Prehost.net is required maintain a Service Level Agreement (SLA) to guarantee network/equipment reliability and performance. The Prehost.net Service Level Agreement (SLA) is set forth in Service Level Aggreement section. Prehost.net reserves the right to change or modify this SLA to benefit the Client, and will post changes to online location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, Prehost.net makes no claims regarding the availability or performance of the Prehost.net network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific details of the "Contract Specification" section of this agreement. In case of difference terms/points in SLA and "Contract Specification", the "Contract Specification" terms/points prevail over this general SLA policy. The "Contract Specification" signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.

1.4 Warranties/Indemnity
1.4.1 Warranty. Client understands that except for information, products, or services clearly identified as being supplied by Prehost.net, neither Prehost.net, nor any of its affiliates, operates or controls any information, products, or services on the Internet in any way and that, except for such Prehost.net identified information, services or products, all merchandise, information, and services offered or made available or accessible on the Internet generally are offered or made available or accessible by third parties who are not affiliated with Prehost.net or its affiliates.

1.4.2 Indemnity. Each party will indemnify the other party from any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees resulting from the indemnifying party's material breach of any duty, representation or warranty under this Agreement, except those resulting from the gross negligence or knowing or willful misconduct of the other party. Such indemnity shall be conditional upon (I) prompt notification to the other party of any indemnifiable claim; (II) the indemnifying party's control of all settlement and other negotiations; and (III) the indemnified party's full cooperation with respect to such claim.

1.4.3 Limitation of Liability. Prehost.net shall not be liable to Client for more than the aggregate amounts paid to Prehost.net under this Agreement.
1.4.4 Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR LOST PROFITS.

1.5 Terms and Termination

1.5.1 Term. This Agreement will become effective on the date indicated in the "Contract Specification" section of this Agreement, and will remain in effect for the term indicated in same. This agreement is automatically renewed for same originating term as indicated in the "Contract Specification", section of this agreement at end of current term, unless Client terminates this Agreement (via fax, mail, or online cancellation form) to Prehost.net within twenty-four (24) hours prior or following end of current service term, or Prehost.net terminates this Agreement upon fifteen (15) days written notice (in site or email) to Client, prior to end of current service term without indicating a reason to Client.
1.5.2 Termination. In the event of any material breach of this Agreement by either party, the other party may terminate this Agreement, by giving ten (10) days prior notice thereof (in writing by mail or in site); provided, however, that this Agreement shall not terminate at the end of said ten (10) days notice period if the party in breach has cured the breach of which it has been notified prior to the expiration of said ten (10) days.

1.5.3 Client may terminate this Agreement at any time for any or no reason upon written notice (via fax, mail, or online cancellation form) to Prehost.net, within twenty-four (24) hours prior or following end of current service term. Prehost.net may terminate this Agreement at any time for any or no reason upon fifteen (15) days written notice (via fax, mail, or email) to Client, prior to end of current service term. Notwithstanding the foregoing, Prehost.net may immediately block Client's site or immediately terminate Client's access to and use of the Prehost.net Service and software; if at Prehost.net's sole discretion, it deems any information contained in Client's site to violate Prehost.net's Terms of Service (TOS), Prehost.net's Basic Policy and Service Guidelines (AUP), or to be otherwise objectionable or offensive or to violate the law, in accordance with Section 4.6 herein. Client's only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of Prehost.net in operating the Prehost.net Service, any change in the content of the Prehost.net Service, or any change in the amount or type of fees charged in connection with the Prehost.net Service, is to terminate this Agreement by delivering notice to Prehost.net, effective the day Prehost.net receives notification of termination or any future date specified which is acceptable to Prehost.net. Prehost.net may terminate immediately any Client who misuses or fails to abide by this Agreement, Prehost.net's Terms of Service (TOS), or Prehost.net's Basic Policy and Service Guidelines (AUP) Prehost.net may terminate without notice Client's access to and use of the Prehost.net Service and Software upon a breach of this Agreement. If Prehost.net denies you access to the Prehost.net Services, you shall have no right to obtain any credit(s) otherwise due to you. Prehost.net shall have no responsibility to notify third-party providers/users of services, merchandise, or information, associated with your Prehost.net Service, nor shall Prehost.net have any responsibility for any damages that result from the lack of such notification.



2. General Terms of Service (TOS)

2.1 The Prehost.net Service is available for a fee to any client who wishes to utilize the service for such means.

2.2 CAREFULLY READ the terms of this agreement which governs your use of the Prehost.net Service and Software. Prehost.net may modify this agreement at any time and in any manner. Any modification is effective immediately upon either a facsimile, electronic mail, or conventional mail notification. Your continued use of the Prehost.net Service following notice of any modification to this agreement shall be conclusively deemed as acceptance of all such modification(s).



3. Service Level Aggrement (SLA)

Prehost.net is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the Prehost.net network. The Prehost.net Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of Prehost.net's web hosting, reseller, dedicated server, colocation, e-commerce, high speed wireless, and dial-up/dedicated access services.

Uptime Guarantee:
Prehost.net strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is is calculated solely by Prehost.net monitoring systems or Prehost.net authorized/contracted outside monitoring services. If Prehost.net fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Prehost.net does not credit a full month's service for minor downtime. This would not be financially healthy for Prehost.net, and in turn would only negatively affect the service level Prehost.net provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Prehost.net may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Prehost.net network caused by or associated with:
Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement.
Telco Failure (ie...Verizon cutting a fiber line somewhere)
Backbone peering point issues (ie...UUnet having a router go down in Virginia that wipes out Internet service for the entire East Coast)
Scheduled maintenance for hardware/software upgrades
Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Prehost.net utilizes only name brand hardware of the highest quality and performance.
Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
DNS issues not within the direct control of Prehost.net
Network floods, hacks, attacks from outside parties or individuals
Failure or error of any Prehost.net monitoring or measurement system
Weather which may affect perfomance of wireless access equipment performance.
Clients acts or omissions, including without limitation, any negligence, willful misconduct, or use of Prehost.net service(s) in breach of Prehost.net Policy and Service Guidelines (AUP), by Client or others authorized by Client.

Connectivity: Prehost.net's goal is to make the Prehost.net network available to Client free of outages for 99.5% of the time. An "outage is defined as an instance in which Client is unable to transmit and receive IP packets due to a Prehost.net service failure for more than 15 consecutive minutes, excluding service failures relating to Prehost.net's scheduled maintenance and upgrades. The Prehost.net network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. Prehost.net's goal is to keep Average Round-Trip Latency on the Prehost.net network to 85 milliseconds or less. Prehost.net defines Average Round-Trip Latency, with respect to a given month, as the average time required for round-trip packet transfers between the Prehost.net network and major US backbone peering points during such month, as measured by Prehost.net. Prehost.net's goal is to keep Average Packet Loss on the Prehost.net network to 1% or less. Prehost.net defines Average Packet Loss, with respect to a given month, as the average percentage of IP packets transmitted on the Prehost.net network during such month that are not successfully delivered, as measured by Prehost.net.

Measurement:
Prehost.net will periodically (on average 12 hours) monitor Prehost.net network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Clients Internet connection, and that such measurements constitute measurements across the Prehost.net network but not other networks to which Client may connect. Prehost.net reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by Prehost.net and made available to Client.

Backup:
Prehost.net cannot take official backups for standart aggrement. Clients must handle their own backups or pay fee to Prehost.net to handle their backups otherwise client is responsible for any loss of data.

General:
Prehost.net reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, Prehost.net makes no claims regarding the availability or performance of the Prehost.net network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agree client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.



4. Basic Policy and Service Guidelines (AUP)

Prehost.net provides services to clients all around the world. Prehost.net has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed to insure these services.

Content: All services provided by Prehost.net may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Germany's law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless Prehost.net from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of non-acceptable content or links:
Pirated software, "Illegal MP3's", Hackers programs or archives, Warez Sites, Child Pornography

Prehost.net will be the sole arbiter as to what constitutes a violation of this provision.

Managed Virtual Hosting sites with banners, graphics or cgi's running from their domain being used on other domains and sites using more than 10% of system resources may be terminated.

Chat Rooms: Prehost.net does allow Managed Virtual Hosting clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. We do provide a html based cgi chatroom that runs without hindering the performance of the machine for others. You are free to run your own chat script, as long as it does not hinder server performance.

Background Processes/Programs: Prehost.net may allow Managed Virtual Hosting clients programs to run and a extra charge may be incurred based on system resources used and operational maintenance needed.

Cron Jobs: Prehost.net does allow Cron Jobs (managed or full access) to be conducted on our Managed Virtual Hosting servers.

Idle Timeouts: Prehost.net may disconnect any idle connection to the network. Average timeouts are:
FTP - 60 seconds
Control Panel - 1800 seconds

Commercial Advertising - Email: Spamming, or the sending of unsolicited email, from a Prehost.net server or using an email address that is maintained on a Prehost.net machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them. Prehost.net will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST

Server Abuse: Any attempts to undermine or cause harm to a Prehost.net server or customer of Prehost.net is strictly prohibited. Prehost.net will pursue legal action to the fullest extent for all abuse of the Prehost.net Network.

Suspension/De-Activation: If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. Prehost.net reserves the right to remove any account without prior notice. If Prehost.net deactivates your account(s) for violating policy, your will forfeit your rights to a refund...and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation.



ALL CLIENTS HAVE TO ACCEPT THIS AGREEMENT FOR USING OUR SERVICES!