This Web Site Hosting Service Agreement ("Agreement") is by and between name papa .com ("name papa .com"), an Arizona Corporation, and you, your heirs, assigns, agents and contractors ("You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of name papa .com's Web Site Hosting ("Web Hosting") services and represents the entire agreement between You and name papa .com. By using name papa .com's Web Hosting services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which name papa .com may establish from time to time. You may view the latest version of this Agreement online.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with name papa .com, whether or not the transactions were in Your behalf. You acknowledge that name papa .com's acceptance of any application made by You for services provided by name papa .com will take place at name papa .com's offices located in Scottsdale, Arizona, USA.

name papa .com currently provides Web Hosting services to its customers for a monthly fee. name papa .com will host Your web site on name papa .com 's Web Hosting servers, provided, however, You abide by the terms and conditions set forth herein and in each of name papa .com 's policies and procedures.

License of Your website content

name papa .com grants to You, and You accept from name papa .com , a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your website content in connection with name papa .com 's performance or enforcement of this Agreement.

Availability of Services

Subject to the terms and conditions of this Agreement, name papa .com shall attempt to provide Web Hosting for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time the Web Hosting service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which name papa .com may undertake from time to time; or (iii) causes beyond the control of name papa .com or which are not reasonably foreseeable by name papa .com , including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that name papa .com has no control of availability of Web Hosting on a continuous or uninterrupted basis.

Service Availability Guarantee. name papa .com offers a service uptime guarantee for its Web Hosting service of 99.9% ("Service Uptime") of available time. If name papa .com fails to maintain this level of service availability, You may contact name papa .com and request a credit of 5% of Your monthly hosting fee from name papa .com for that month. The credit may be used only for the purchase of further products and services from name papa .com , and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by (i) scheduled maintenance; (ii) errors caused by You from custom scripting or coding; or (iii) outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email. Total Service Uptime shall be solely determined by name papa .com and shall be calculated on a monthly basis.

Web Site Content

You shall be solely responsible for providing, updating, uploading and maintaining Your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Web Hosting services.

Shared SSL Certificates

Any SSL certificate You purchase from name papa .com or its affiliates to use in conjunction with a shared hosting plan provided by name papa .com , is intended for its specific use as described in the Subscriber Agreement and will not be exported from the hosting server to be used with any other web hosting service. If You are using an SSL certificate on a web site hosted by name papa .com , name papa .com will generate and securely store a corresponding private key.

For security reasons, at no time will name papa .com release Your private key, even if You request it. If You wish to export Your SSL certificate for use on a non name papa .com hosting server, You will need to make a request to name papa .com no earlier than 30 days after Your initial SSL subscription began. After Your hosting account with name papa .com has been canceled, You will have thirty (30) days to follow the Starfield Secure Certificate Registration Process and request a re-key of the SSL certificate, or Your SSL certificate will become invalid.

You agree that You have provided accurate, current and complete information in the application process and that You will notify name papa .com within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by name papa .com to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if name papa .com has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, name papa .com has the absolute right, in its sole discretion, to terminate its Web Hosting services and close Your account.

You represent and warrant to name papa .com that: (i) You have the power and authority to enter into and perform Your obligations under this Agreement; (ii) Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and (iii) You own Your website content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site. If Your web site includes GIF images and you are not using name papa .com's WebSite Complete or WebSite Tonight software, you must ensure that your GIF images are licensed with Unisys or were created with Unisys Authorized Software. You also warrant that the web site being hosted by name papa .com will not be used in connection with any illegal activity.

If You are hosting Your web site on name papa .com's servers, You are responsible for ensuring that there is no excessive overloading on name papa .com's DNS or servers. You may not use name papa .com's servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and name papa .com reserves the right to remove sites that contain information about hacking or links to such information. Use of your web site as an anonymous gateway is prohibited. name papa .com prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by name papa .com. You agree that name papa .com reserves the right to remove Your web site temporarily or permanently from its hosting servers if name papa .com is the recipient of activities that threaten the stability of its network.

You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (i) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; or (viii) engage in any other activity deemed by name papa .com to be in conflict with the spirit or intent of this Agreement or any name papa .com policy.

Storage and Security

At all times, You shall bear full risk of loss and damage to your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that you are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your web site content; (ii) maintain independent archival and backup copies of Your web site content; (iii) ensure the security, confidentiality and integrity of all your web site content transmitted through or stored on name papa .com servers; and (iv) ensure the confidentiality of Your password. name papa .com's servers and hosting services are not an archive and name papa .com shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify name papa .com, whereupon name papa .com shall suspend access to Your web site by use of such password and issue a replacement password to You or Your authorized representative. name papa .com will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by name papa .com or another party due to someone else using Your account or password.