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This Terms of Service Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting and other Internet-related services provided by SoonerHosting.Net (the "Services"). As used in this Agreement, "SoonerHosting.Net" means Web Inventive, LLC and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the SoonerHosting.Net site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "SoonerHosting.Net Site" refers to the Site located at the URL http://www.SoonerHosting.Net, or any other successor sites owned or maintained by SoonerHosting.Net.

In addition to the following, the Acceptable Use Policies provide more detailed information regarding what is acceptable use of our products and services.

Appropriate Use of the Services

SoonerHosting.Net provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.

Client Content

Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any SoonerHosting.Net server in connection with Client's use of the Services which:

violate any state, federal or foreign laws or regulations;
infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of SoonerHosting.Net or any third party;
are defamatory, slanderous or trade libelous;
are threatening or harassing;
are discriminatory based on gender, race, age or promotes hate violate any SoonerHosting.Net policy posted on the SoonerHosting.Net site including but not limited to those listed in our Terms of Service (TOS).
contain viruses or other computer programming defects which result in damage to SoonerHosting.Net or any third party.

Disk Space

Virtual Accounts: Client may occupy only the amount of disk space on the SoonerHosting.Net Server that is allotted by SoonerHosting.Net. Additional fees, specified in the hosting plans, will be charged for exceeding the disk space. Disk space measurement includes all customer content and generated content from their web site and includes but is not limited to MySQL data, Mailing List data and data in /home/user directories for virtual accounts. SoonerHosting.Net is not responsible for measurements provided by individual control panel software, which is 3rd party software not controlled by SoonerHosting.Net, which may or may not include all of the customer data in their measurements.

Bandwidth

Bandwidth is limited to the amount that is allocated with each particular plan. If you exceed your allocated bandwidth amount, your website will be unavailable unless you either upgrade to the next highest plan or wait until the start of the next month. To upgrade your account to the next plan, email sales@SoonerHosting.Net.

Licensed Software Only

Client agrees to use only properly licensed third party software in connection with Client's use of the services.

Back-up Files and Processing

Clients will have the ability to reinstate files which are automatically archived by SoonerHosting.Net upon request for a minimal fee; however, SoonerHosting.Net does not guarantee the existence, accuracy, or regularity of its backup services, and therefore, Client is responsible for making back-up files in connection with its use of the services. The accuracy and quality of backup processes provided by 3rd party software, such as the individual 3rd party control panels, is not guaranteed by SoonerHosting.Net.

Termination

SoonerHosting.Net reserves the right to refuse service to anyone. SoonerHosting.Net, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the services, please contact abuse@SoonerHosting.Net.

Late Payments.

Any payment not received 14 days after the due date may lead to the immediate cancellation of your account.

Taxes. Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.

Client Liability and Indemnification

The parties agree that in no event shall SoonerHosting.Net be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless SoonerHosting.Net from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

Term, Termination & Reinstatement

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must submit their cancellation by email billing@SoonerHosting.Net. In your email, please include your username, domain name and password. Your account will then be cancelled and all files deleted from our servers within 48 hours of your termination request.SoonerHosting.Net will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.
If SoonerHosting.Net suspends a virtual account for non-payment, Client shall be allowed to re-instate Client's use of the Services within Five (5) business days of cancellation upon approval from SoonerHosting.Net and full payment of balances due. A reinstatement fee of $15.00 will be applied.
SoonerHosting.Net will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.

Taxes

Client will pay and indemnify and hold SoonerHosting.Net harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

Disclaimer of Warranty

THE SERVICES, THE SoonerHosting.Net SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE SoonerHosting.Net SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. SoonerHosting.Net DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SoonerHosting.Net SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

Limitation of Liability

IN NO EVENT SHALL SoonerHosting.Net BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE SoonerHosting.Net SITE OR ANY SoonerHosting.Net PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL SoonerHosting.Net CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by SoonerHosting.Net. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it's conflict of law rules. This Agreement and SoonerHosting.Nets policies are subject to change by SoonerHosting.Net without notice. Continued usage of the Services after a change to this Agreement by SoonerHosting.Net or after a new policy is implemented and posted on the SoonerHosting.Net Site constitutes your acceptance of such change or policy. We encourage you to regularly check the SoonerHosting.Net Site for any changes or additions.