Last Updated: October 18, 2007

The Better Site ("The Company") agrees to provide services to our customers ("The Client"), subject to the following Terms of Service ("TOS") agreement.

The Better Site reserves the right to change the TOS at any time. Such modifications, additions, or deletions shall be effective immediately upon posting to our website at the URL http://www.thebettersite.com/tos. You acknowledge and agree that it is your responsibility to review the TOS periodically and to be aware of any changes. You can determine if changes have been made since your last review of the TOS by noticing the "last updated" date, above. If changes have been made to the TOS and you continue to use services, you are indicating your acknowledgement and agreement to the new terms. If you do not agree to the new terms, please contact us to cancel your services.

Payments and Fees

Your use of services is dependent upon timely payment of stated charges. All charges must be paid or postmarked by the date indicated on Client's invoice, unless otherwise indicated by The Company. Checks returned for any reason are subject to a $30 per item service charge. Residents of Texas are subject to sales tax of 8.25% for most services. Clients exempt from sales tax must supply a "Sales Tax Exempt Form", obtainable from the State of Texas Comptroller.

Any accounts that have unpaid invoices more than one month past due are subject to suspension of services and a late fee of $20 dollars. Unpaid accounts over two months past due may be canceled and considered in "poor standing" for failure to pay.

Cancellation of Services

Clients may cancel services by submitting a cancellation request via email. The Company will verify Client's wish to cancel services by emailing the Client with the email address on file. Failure of Client to respond to email and verify cancellation will result in no action taken by The Company.

Accounts in poor standing may also be canceled, as outlined in the terms above. The Company reserves the right to refuse providing any files, databases, or other information associated with a canceled account in poor standing.

Canceling an account does not absolve Client from paying all fees due.

Managed Hosting Plans

Installation of software under our managed plans is only available for software that can be downloaded and installed as is. Furthermore, managed plans do not cover the following scenarios, which will be billed at normal rates:

• Software requiring code modifications to be installed or updated. (Such modifications will be billed at normal rates.)
• Configuration requests that are beyond the scope of standard tasks (at the sole descretion of The Better Site).
• Requests to add, edit, or remove website content.

Resource Limitations

For Clients with shared hosting, accounts must not consume an unacceptable amount of system resources. If an account is using excessive resources and affecting server stability or availability of other accounts, it may be temporarily deactivated until such time that resource usage declines to acceptable levels. In extreme cases where the Client consistently needs more resources than available under shared hosting, the Company may request that the Client upgrade to a VPS (Virtual Private Server) or dedicated server, or terminate services and seek another hosting provider.

In no case shall the Company be held liable for any losses associated with downtime due to excessive resource utilization on the part of the Client.

Bandwidth

Client agrees that bandwidth usage shall not exceed the monthly amount allocated for the services ordered by Client. In the event that The Client uses more bandwidth in a month than allocated, bandwidth overage charges of $1.50 per gigabyte will apply. All charges are rounded up to the nearest gigabyte. Bandwidth usage is measured on a monthly basis coinciding with Client's billing cycle. Both incoming and outgoing traffic for all protocols (HTTP, FTP, POP3, SMTP, etc) is included in the measurement of bandwidth usage.

Unused bandwidth allocations cannot be carried over to future months.

Backups

While the Company provides a nightly backup service on all hosting accounts, these backups are for administrative purposes only (such as restoring a server from a hardware failure) and are not guaranteed. Backups will not be accessed for Client errors that result in the loss of information. Clients are responsible for backing up their own data and are encouraged to do so regularly.

Unacceptable Content

All services provided by the Company may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material judged to be threatening or obscene, or material protected by trade secret and other laws.

Pornography and sex-related merchandising are prohibited on any accounts with the Company. This includes sites that may infer sexual content, or provide links to other adult content sites.

Examples of non-acceptable content and links include:

• Pornography / Nudity / Adult Content
• Copyrighted media including music, movies, and books.
• Pirated or stolen software
• Unsolicited commercial email related software and information
• Information on hacking computers or bypassing protection mechanisms
• Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)

The Company, at its sole discretion, will decide what constitutes a violation of these terms and may immediately suspend any offending accounts with no refund. The Client agrees to indemnify and hold the Company harmless from any claims resulting in suspension of accounts for failure to abide by these terms.

Acceptable Email Use

Clients are prohibited from engaging in improper use or distribution of email. The Company, at its sole discretion, will decide what constitutes a violation of these terms. This includes, but is not limited to:

• Sending of any unsolicited email (spam). Any message sent to a recipient from a purchased, rented, licensed, or traded list of email addresses is automatically considered unsolicited.
• Hosting web pages advertised within spam e-mails sent from another network.
• Using email accounts to receive replies from unsolicited spam emails.
• Configuring any email server for open mail relays that it will accept third party emails for forwarding.
• Running unconfirmed mailing lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Clients must use a confirmed Opt-in method.
• Opening an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at spamhaus.org.

Unsolicited Commercial Email (UCE) and SPAM

The Company has a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam through our services. Very simply this means that Clients may not use or permit others to use our services to transact in UCE. Clients may not host sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam the Company reserves the right to occasionally sample bulk email being sent from servers.

Violation of the Company's email policy (as outlined above) will result in severe penalties. Upon notification of an alleged violation, an immediate investigation will begin, during which Client access to services may be prevented or limited to prevent further violations. If a Client is found to be in violation of these terms, the Company may, at its sole discretion, restrict, suspend, or terminate customer's account. Further, the Company reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The Company will notify law enforcement officials if the violation is believed to be a criminal offense.

Gross violations of this policy (defined as those where a Client cannot plausibly claim that its actions were accidental or unintentional) will result in an administrative fee of $300 and immediate account termination upon the completion of the Company's investigation.

Clients who violate this policy agree that in addition to administrative penalties, they will pay any other fees associated with investigating and repairing the matter as well as forfeit any claims for refunds for unused services.

Scope of Support

The Company provides support to its Clients during normal business hours on business days. Support is limited to the areas of website design, function, and hosting. Support is not offered for configuring Clients' computer, setting up email accounts, using programs unrelated to Clients' website, etc. Clients are encouraged to retain professional assistance from a qualified computer technician.

Client Contact Information

Client agrees to provide the Company with accurate and complete contact information. Contact information means any data relating to your identity, email, street address, and telephone or fax number. Further, Client agrees to provide the Company with updated contact information within a reasonable period of time following a change in this information. Clients are encouraged to keep their contact information updated through the Company's billing website. Client also acknowledges that anti-spam technologies or filters may prevent email communication from the Company and that it is solely the Client's responsibility to ensure that communication is not blocked. Client acknowledges that failure to update contact information or prevent Company emails from being blocked may result in missed communication from the Company, including notices of service disruptions, site maintenance, and billing invoices. Client further acknowledges responsibility to pay all invoices for services due, regardless of whether email notifications were received.

Refunds and Disputes

All payments to the Company are nonrefundable, regardless of usage, once the time period for such services has past. Clients are only entitled to refunds for future services they have paid for but not used. All refunds for canceled services will be prorated to the nearest month, and any special pricing that Client has received for prepayment of services will be settled at the appropriate rate. (For example, if Client pays for a year of hosting, uses one month and then cancels the service, that month shall be billed at the normal monthly rate for that plan. If the client uses 6 months of the plan and then cancels, those 6 months would be billed at the bi-annual rate, and the Client would receive a refund of the remaining value.)

All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If Client disputes a charge to their credit card issuer or payment provider resulting in a chargeback that, in the Company's sole discretion is a valid charge under the TOS, Client acknowledges that the Company will suspend or terminate services immediately. Restoration of services are subject to payment of the disputed fee and an administrative fee between $100 and $200 for dealing with the chargeback.

Damages and Liability

Client acknowledges that the service provided is of such a nature that it can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees to indemnify and hold Company harmless for any damages arising from such causes beyond the direct and exclusive control of the Company, as well as any special or consequential damages, loss or injury. Client further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred.

Non-Waiver

Client acknowledges that the Company's failure at any time to enforce any part of the TOS shall in no way be construed to be a waiver or nullification of the TOS.

Denial of Service

The Company reserves the right to refuse service to anyone at any time for any reason.