These Terms may be revised from time to time. A customer's use of SuperHosting Hosting's services after changes to the Terms are posted on SuperHosting Hosting's web site, www.superhosting.ca will constitute the customer's acceptance of any new or additional terms that result from those changes.

PAYMENT POLICY
All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies SuperHosting Hosting in accordance with the cancellation procedures below of the termination of services. All payment is in U.S or U.S.A. currency.

All services will be automatically renewed on their contract renewal date unless previously cancelled by either party according to the cancellation procedures outlined below.

30 DAY MONEY-BACK GUARANTEE
We offer a 30 day money back guarantee on all our accounts. If you decide to cancel your account for any reason within the first 30 days we will provide you with a full refund of all hosting costs paid by you to SuperHosting Hosting. Cancellation of your account must be in accordance with the guidelines below, must not be due to a Terms of Service violation, and must be received by SuperHosting Hosting within 30 days from the date of signup. Please note that with the Free domain included with webhosting is not cancelable. Upon cancellation you will be charged the full retail price for the domain. Please note that setup charges are not refundable.

CANCELLATION
All cancellation requests must be submitted by one of the following methods:

You may submit a cancellation request via the SuperHosting Control panel.

SuperHosting Hosting reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and returned. Any violation of policies which results in extra costs will be billed to the customer (i.e. reconfiguration of server, etc.) reseller accounts are non-refundable. If a reseller cancels the "anchor" 99.00 account all other accounts under the reseller's umbrella will be charged the 99.00 rather than the reseller pricing

CONTENT
SuperHosting Hosting is committed to providing a family friendly environment on the web. We are strict about our acceptable content because of this commitment. Never before have we been so bombarded with pornography and morally degrading material than by way of the Internet. We want no part of it.

All services provided by SuperHosting Hosting may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States and/or Canadian Federal, State and/or Provincial or City law is prohibited. This includes, but is not limited to: fraudulent material, copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless SuperHosting Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

All pornographic content and sex-related merchandising is prohibited on all SuperHosting Hosting servers, whether legal or illegal. This includes sites that may infer sexual content or links to adult content elsewhere. In addition, sites containing profanity or vulgar language are also prohibited.

In plain English... No porn sites, no Warez, no download sites. No bots such as eggdrop Sites that promote any illegal activity or present content that may be damaging to SuperHosting Hosting servers or any other server on the internet are prohibited. Links to such materials are also prohibited. Examples of this material include pirated software, hacker programs or archives, and warez sites. Also prohibited are public BBS boards, outside links to graphic content for download from your site.

It is also prohibited to engage in activities, whether lawful or unlawful, that SuperHosting Hosting determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

SuperHosting Hosting will be the sole arbiter as to what constitutes a violation of these provisions.

BANDWIDTH USAGE
We supply 35 gigs of bandwidth a month. For bandwidth usage over 35 gigs per month, an additional charge will apply - $2 per gig or $11.50 per 10 gigs if you pre-buy.

COMMERCIAL ADVERTISING - E-MAIL
The sending of unwanted/unsolicited bulk and/or commercial messages over the Internet (spamming) is STRICTLY prohibited. This includes sending spam from or through an SuperHosting Hosting server or using an e-mail address or domain that is maintained on an SuperHosting Hosting machine as reference. Spam has a negative impact on consumers and on our systems. It depletes server resources and opens SuperHosting Hosting up to denial of service or "nuke" attacks from recipients of spam. In connection with this policy, the following activities are also prohibited:

• Maintaining an open SMTP relay.
• Forwarding or posting "chain letters" (multiple forwarding) of any type.
• Attempting to cancel, supersede, or otherwise interfere with e-mail messages other than one's own.
• Engaging in harassment, whether through language, frequency, or size of messages.
• Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

SuperHosting Hosting will be the sole arbiter as to what constitutes a violation of this provision. This provision is also not meant to be exhaustive and is merely representative of the type of activity that SuperHosting prohibits.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

SERVER ABUSE
Any attempt to undermine or cause harm to a server, or customer, of SuperHosting Hosting is strictly prohibited. Please note that all applications must be kept updated with the latest security patches.. Not doing so will result in the suspension or upgrade of the offending files. All custom data will be lost. Unpatch applications such as PHP based Oscommerce are considered SERVER ABUSE. .

ABUSE OF SERVER RESOURCES
Running programs in the background on a SuperHosting Hosting's server without SuperHosting Hosting's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more then 1,000 emails a day and the like are not acceptable uses of SuperHosting Hosting's servers. Usage of scripts or other utilities to direct pointed domain names to subdirectories without prior authorization from SuperHosting Hosting is prohibited. SuperHosting Hosting can set an additional domain name to be pointed to your site's IP address for a one time $25 setup fee.

Should any client on SuperHosting Hosting's network use network or system resources beyond those explicitly provided to them by SuperHosting hosting, including but not limited to, disk space or data transfer allowances, SuperHosting Hosting reserves the right to reclaim the resources, if possible, and make reasonable efforts to recover any costs and/or block continued use of the additional resources.

We do not want to limit your success. In fact our goal is to assist you in any way we can to ensure the success of your site. However, you should understand that your site is on a shared server with other sites. Any abuse by one user will affect all other clients on that server. If there is ever a problem we will make every reasonable effort to remedy the situation in a mutually beneficial way. SuperHosting Hosting will be the sole arbitrator in these matters.

BACKUPS
Full backups are made weekly, and backups of new/changed data are made nightly. SuperHosting provides a backup resource from the control panel. This file manager provides a ZIP file which allows you to zip your file and backup to your local hard drive. We recommend that you perform this backup with every site update. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and information. If loss of data occurs due to an error of SuperHosting Hosting, SuperHosting Hosting will attempt to recover the data for no charge to the client. If data loss occurs due to the negligence of the client in securing their account or by an action of the client, SuperHosting Hosting will attempt to recover the data from the most recent archive for a $75.00 fee.

IP NUMBERS
SuperHosting Hosting maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

LIMITATION OF LIABILITY
SuperHosting Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from any action taken by a client while using our services. SuperHosting Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from SuperHosting Hosting's servers going off-line or being unavailable for any reason whatsoever. Further, SuperHosting Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of SuperHosting Hosting's servers. All damages shall be limited to the immediate termination of service.

JURISDICTION
The validity and effect of this Agreement shall be governed by and construed and enforced in accordance with the laws of the U.S.A. and/or Canada, without regard to its conflicts of laws principles.

Any suit, action or proceeding concerning this agreement must be brought in U.S.A. and/or Canadian parties hereby irrevocably consents to the exclusive jurisdiction of such courts (and of the appropriate appelate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.

REFUSAL OF SERVICE
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

All Sub-Networks, distributive hosting sites and dedicated servers of SuperHosting Hosting must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.

Any questions or complaints about violations of our policies should be referred to abuse@SuperHosting.com Each complaint will be investigated.