SETUP SITE, Inc.
(referred to hereinafter as SETUP SITE) Terms, Conditions and Use Policy Applicable to the provision of Internet services by SETUP SITE

1. Services Provided

SETUP SITE provides Web Hosting which entails the rental of space to its customers on its servers allowing them to store data files etc the provision of tools to maintain their site and email accounts.

2. Use of Services

The services provided by SETUP SITE shall not be used in any manner or form by any of its customers who shall not allow or cause third parties to use those services for any unlawful illegal or immoral purpose such as the infringement of Federal or state copyright laws or the violation of any other Federal state or city law fraud money laundering drug dealing or trafficking prostitution pornography and other obscene material threatening causing or allowing violence bodily harm or damage to others or their property nor shall any customer use allow cause others to use the services in breach or in contravention of any of the generally accepted rules regulations conventions regarding the use of the internet or world wide web nor to carry out encourage or in any manner be involved in or permit email spamming mailbombing spoofing trolling hacking subscribing some third party to a mailing list without that persons permission newsgroup flooding posting information that is defamatory or infringes or violates anothers rights promoting and/or distributing viruses ping floods spawning unnecessary unwarranted processes posting adverts on any chat room actual or likely abuse misuse or overuse of any of the system resources. In the event that any customer engages in or permits knowingly or otherwise or users SETUP SITE'S servers as the source intermediary or destination address for spamming, bulk e-mail, hacking or use of warez SETUP SITE reserves to itself the right without prior notice to the customer to impose a penalty of $500 on the offending customer whose account will be forthwith terminated. No leniency will be shown by SETUP SITE in respect of the above.

Each customer accepts and agrees that the list above is not exhaustive that SETUP SITE is the final and sole arbiter of what constitutes a breach or violation of any of its services and that each customer indemnifies and holds harmless SETUP SITE its employees servants agents and the like from any and all costs claims expenses damages lawsuits which may arise or be suffered by anyone from the provision of services by SETUP SITE used by the customer. The customer acknowledges and agrees that there are limitations to the hardware/system of SETUP SITE and accordingly if any customer uses more than 10% of the system resources or if 30% or more of a customer's site's monthly traffic is from file downloads or if any such customer for whatever reason such as archival storage of data and CGI scripts causes the hardware/system of SETUP SITE to malfunction perform slowly poorly or experience other problems SETUP SITE reserves to itself the right in its sole discretion to take whatever steps are necessary to ensure that the system operates at an efficient level and that the other customers of SETUP SITE receive a reliable and stable service and are not adversely affected by a particular customer.

3. Termination of use of services

In the event that the customer
(a) is in the sole judgment of SETUP SITE in breach of these terms and conditions
(b) fails refuses or neglects to make payment on due date to SETUP SITE for any charges due by the customer to SETUP SITE
(c) has bankruptcy or insolvency proceedings instituted against it files or petitions for insolvency or bankruptcy or assigns all or any part of its assets to or for the benefit of its creditors
then on the happening or occurrence of any or all the above events SETUP SITE may at its discretion forthwith and without prior notice to the customer terminate the customers account and thereupon all content and files in the account shall be deleted without liability for compensation refund of the agreed package/account monthly payment or otherwise for any loss damages which the customer may as a result of such termination suffer. SETUP SITE shall be fully entitled to recover all money owing to it from the customer as at the date of termination notwithstanding termination due as a result of any of the above causes. Non-enforcement by way of termination of any breach or violation shall not constitute acceptance or consent by SETUP SITE to such breach or violation.

4. Disclaimer

Notwithstanding the generality of the foregoing or anything else herein contained SETUP SITE makes no warranties whatsoever express or implied concerning the provision of its services and this includes warranties of merchantability or fitness for a particular purpose. SETUP SITE cannot and does not warrant or guarantee that it will provide a continuous service or that the service will not be disrupted or that there will be no interruption or delay or that its service will be provided at a or any particular time Consequently SETUP SITE expressly disclaims all and any liability or responsibility in respect of claims loss loss of data damages of any kind (including direct incidental consequential or special) suffered by or made against the customer arising out of the use or non-provision of services whether or not SETUP SITE is or was at fault or negligent.

5. 30 Day Money-Back Guarantee & Payment

The customer shall be entitled for a period of 30 days from the date its account is setup, ie. once the customer has been sent an e-mail confirming the account has been setup on SETUP SITE'S servers to a full refund of any money paid by it to SETUP SITE or its agents provided written notification from the customer canceling the account and requesting a refund has been received by SETUP SITE during such period. Any notification received outside the 30 day time period will not under any circumstances qualify for a refund. If therefore notice is not received within the 30 day period it shall be presumed that the customer has accepted these terms and conditions in full and is satisfied with the service provided. Where applicable setup fees will not be refunded. Dedicated Servers fees are excluded from 30 Day Money-Back Guarantee.

The first payment due by the customer shall be on the date the customer completes an order form and submits it where appropriate with its credit card/bank account details to SETUP SITE. All payments shall be in advance for such sum or sums and on a recurring monthly basis in accordance with the package or packages taken/ordered by the customer. In the event that additional services outside the ambit of the agreed package/s are used by the customer payment for such services shall be on the same basis. Where an order for an hosting package is placed during the course of a month the appropriate fee may be apportioned for that particular month but there will be no apportionments for or in respect of any other orders. If a customer's account is terminated or cancelled by either the customer or SETUP SITE the customer shall not be entitled to a refund of any monies paid in advance for the month during which termination or cancellation takes place. Monies paid to activate or register a Domain name are not subject to the 30 day money back guarantee and are non refundable. If SETUP SITE is compelled by any party, either temporarily or permanently to refund any monies for any service incuding but not limited to domain registration or hosting, SETUP SITE reserves the right to take ownership of any domain name(s) or hosting space or any other service or property previously considered purchased, leased or rented. SETUP SITE reserves the right to continue ownership of any seized domain name(s) as a result of being forced by any party, either temporarily or permanently to refund any monies, whether or not the outcome of such a refund is in SETUP SITE'S favor. Annual payments are equal to the amount shown multiplied by twelve (12).

6. General

(a) The customer grees to use its best endeavors to protect its password and username and not to divulge or disclose to third parties or make use of for its own purpose or advantage any information of whatsoever kind obtained through the use of the services provided by SETUP SITE which information is confidential to SETUP SITE or its other customers and for which no permission for such use has been given.

(b) SETUP SITE carries out a daily backup of its servers. These are made for sole purpose of the restoration of SETUP SITE'S servers in the event of a failure. Accordingly the customer agrees and acknowledges that the customer is solely and completely responsible, without any liability on the part of SETUP SITE, to maintain local copies of all the customer's data and files that constitute or make up the customer's web site.

(c) The customer agrees in using the services provided by SETUP SITE to use in a diligent and proper manner its own computer hardware and software so that no harm or damage will be caused to any computer component system resource or customer of SETUP SITE

(d) The customer agrees to defend indemnify and hold harmless SETUPSITE against any claim costs demands made against or losses suffered by SETUP SITE as a result of SETUP SITE hosting the customer's web site.

(e) In using the services of SETUP SITE , no consumer agreement partnership joint venture or the like is made or arises between the customer and SETUP SITE nor has the customer authority implied or expressed to represent or contract on behalf of SETUP SITE. The customer fully agrees that the laws of the State of New Jersey shall apply in connection with any legal proceedings arising out of these terms and conditions which may be instituted by or against SETUP SITE

(f) SETUP SITE reserves to itself the right at its discretion to amend or alter these terms and conditions without prior notice to its customers and to determine what is or constitutes a violation of these terms and conditions

(g) The Customer agrees that whenever the Customer places an order through Setup Site's website or by email or by any other means for any of the services of SETUP SITE or for the registering of domain names for and on behalf of the customer by SETUP SITE and payment is to be made by credit card, SETUP SITE is on receipt of such order irrevocably authorised to claim and receive payment for its services or for registering domain names from the Credit Card Issuer using the credit card details sent with that or any subsequent order or the details of any replacement card subsequently furnished to SETUP SITE.

(h) All hardware and software resources including IP addresses copyright technology design and implementation in providing services to the customer shall remain the property of SETUP SITE who reserves the right at its discretion to amend alter substitute replace at any time without notice to its customers.

7. Domain Names

SETUPSITE will submit the Customer's information and required domain name or names as provided in the order form for registration as soon as possible after receipt but SETUPSITE does not and cannot guarantee that a particular application or order for a domain name will be accepted or approved by NETSOL or the ICANN accredited registrar to whom SETUPSITE transmits the information and details for processing. All relevant terms and conditions of the registrar for accepting or approving a domain name registration will be binding on the Customer who agrees and acknowledges that in addition to the disclaimer described in clause 4 above SETUPSITE will not be liable for any loss of or use of the Customer's domain name or for interruption of business or damages of any kind including direct incidental consequential special or loss of profits regardless of the form of action whether in contract tort (including negligence) or otherwise. Furthermore the Customer agrees that registration of a domain name does not preclude a third party from objecting to the Customer's use or registration of that name and in the event of a dispute with any third party the Customer agrees to indemnify and hold harmless SETUPSITE.