This Terms of Service agreement hereinafter referred to as the ("Agreement"), for use of Website Hosting services from Hostscreamer.com, 601media.com, and it's owners hereinafter collectively referred to as ("PROVIDER"), constitutes agreement to these terms and that this is a legal binding contract entered into between "you" or "your" (and appropriate formatives), collectively hereinafter referred to as ("CLIENT") and the PROVIDER. The PROVIDER and the CLIENT, will collectively be hereinafter referred to as ("PARTIES").

1.) Legal Age Usage
CLIENT must be 18 years of age or older to use PROVIDER services. CLIENT guarantees s/he is 18 years of age or older. If CLIENT is under the age of 18 s/he must have a person of legal age enter into this Agreement on their behalf.

2.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide the PROVIDER with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. For local accounts that do not have an email address a local area code 910 phone number can be substituted.

3.) Content
All services provided by the PROVIDER may only be used for lawful purposes. The laws of the State of North Carolina, the State of Florida, the State of Texas, and the United States of America apply.
The CLIENT agrees to indemnify and hold harmless the PROVIDER and its owners from any claims resulting from the use of PROVIDER services.
Use of PROVIDER services to infringe upon any copyright, trademark, or to cause defamation is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination without notice and without compensation of CLIENT account.
Examples of unacceptable material include but is not limited to:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, security probing or breaking tools.
Display of material protected by trade secret.
Display pages associated with highjacked domains.
Examples of defamation include but is not limited to:
Written, verbal, visual in any digital format.
PROVIDER reserves the right to refuse service to anyone. Any material that in our judgment is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to email from PROVIDER's abuse department within 48 hours may result in the suspension or termination without notice and without compensation of your services.
If in doubt regarding the acceptability of your site or service please contact the us and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be terminated immediately without notice.
Violations will be reported to the appropriate law enforcement agency.

4.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any CLIENT who sends out spam will have their account terminated with or without notice.
Please read http://www.hostscreamer.com/mailpolicy.htm for our generalized mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups.
For additional information please read the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm .
The PROVIDER reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
the PROVIDER reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of the PROVIDER.

5.) Payment Information
CLIENT agrees to supply appropriate payment in United States dollars for the services received from the PROVIDER, in advance of the time period during which such services are provided. CLIENT agrees that until and unless CLIENT notifies the PROVIDER of a desire to cancel any or all services received, those services will be billed on a recurring basis. In the case of a web site hosted on the PROVIDER's server, failure of CLIENT to remit full payment to the PROVIDER within 10 days from invoice date is cause for suspension/termination and removal without notice of the CLIENT's web site files from the PROVIDER's server. CLIENT agrees that PROVIDER shall not be held liable for such removal or disconnection. CLIENT agrees that if a full payment is not possible CLIENT will properly notify the PROVIDER in advance of the effected service period for consideration of waiving the suspension or removal, solely at the discretion of the PROVIDER. Payments by check returned to PROVIDER unpaid are subject to a returned check charge of $25.00. Terminated accounts are subject to a reconnect charge of $25.00 and an interest charge of 1.5% per month on the outstanding balance. If CLIENT defaults in the payment of any amount owed hereunder, CLIENT agrees to pay PROVIDER its actual expenses, including attorney and collection agency fees, incurred in enforcing its rights under this section.

6.) Taxes
PROVIDER shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from CLIENT or PROVIDER's server. CLIENT agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

7.) Backups and Data Loss
CLIENT use of the service is at the CLIENT's sole risk. The PROVIDER is not responsible for files and/or data residing on CLIENT account. CLIENT agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the PROVIDER servers.

8.) Cancellations
Hosting account cancellations must be done 10 days prior to next service period and in writing via the http://www.hostscreamer.com/cancel_acc.htm form provided. All files will be permanently deleted from the server immediately upon cancellation. CLIENT agrees to take full responsibility for backing up CLIENT's files. Any abuse of PROVIDER staff in any medium or format will result in the suspension or termination without notice and without compensation of CLIENT services.
The PROVIDER reserves the right to cancel the account at any time with and without notice.

9.) Resource Usage
CLIENT may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or CLIENT.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
h) Run cron entries with intervals of less than 15 minutes

10.) Bandwidth Usage
CLIENT is allocated a monthly bandwidth allowance. This allowance varies depending on the purchased hosting package. Should CLIENT account pass the allocated amount PROVIDER reserves the right use one or more of the 4 following methods in this section:
a) Suspend the account until the start of the next allocation.
b) Suspend the account until additional bandwidth is purchased at $5.00 per month for 1GB of transfer.
c) Suspend the account until CLIENT upgrades to a higher level of package.
d) Terminate the account and/or charge CLIENT an additional fee for the overages.
Unused transfer in one month cannot be carried over to the next month.

11.) Disk Space Usage
CLIENT is allocated a monthly disk space allowance. This allowance varies depending on the purchased hosting package. Should CLIENT account pass the allocated amount PROVIDER reserves the right use one or more of the 4 following methods in this section:
a) Suspend the account until the start of the next allocation.
b) Suspend the account until additional disk space is purchased at $5.00 per month for 50MB of space.
c) Suspend the account until CLIENT upgrades to a higher level of package.
d) Terminate the account and/or charge CLIENT an additional fee for the overages.

12.) Price Change
PROVIDER has the right to change the price of the services to reflect a change in the cost of the service, or other reasons. In case of price change, PROVIDER will send a 30 day advanced notice by email. The PROVIDER reserves the right to change prices listed on our web site, and the right to adjust the amount of resources given to plans at any time.

13.) No Assignment by CLIENT
CLIENT may not assign this Agreement without the prior written consent of PROVIDER, which PROVIDER may refuse in its sole discretion. Any attempt by CLIENT to assign this Agreement without prior written permission shall be deemed null and void. PROVIDER may assign this Agreement, which shall be effective upon written notice provided to CLIENT.

14.) Indemnification
CLIENT agrees that it shall defend, indemnify, save and hold the PROVIDER harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against the PROVIDER, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, its agents, employees or assigns. CLIENT agrees to defend, indemnify and hold harmless the PROVIDER against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with the PROVIDER; (2) any material supplied by CLIENT infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from the PROVIDER's server.

15.) Disclaimer
a) The PROVIDER shall not be responsible for any damages CLIENT business may suffer. The PROVIDER makes no warranties of any kind, expressed or implied for services we provide including data loss due the illegal or malicious activities of persons and/or electronic programming. The PROVIDER disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by the PROVIDER and its employees.
b) The PROVIDER may disclose any subscriber information to law enforcement agencies without further consent or notification to the CLIENT upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

16.) Changes to the TOS
The PROVIDER reserves the right to revise its policies at any time without notice.

17.) Invalidity or Unenforceability
If any provision of this Agreement is deemed to be invalid or unenforceable in whole or in part, such provision, to the extent that it is invalid or unenforceable, shall be deemed struck from the Agreement and shall not affect the validity or enforceability of any other provision hereof. In addition, the PARTIES agree that a court having jurisdiction may revise any provision determined to be invalid or unenforceable to the extent required to make it valid and enforceable consistent with the intention of the PARTIES and, if a court will not do so, the PARTIES agree to negotiate a provision having an effect as close as permitted by applicable law to the provision determined to be invalid or unenforceable and to incorporate such substitute provision in the Agreement.

18.) Sole Agreement
This Agreement constitutes the complete and exclusive agreement between the PARTIES regarding its subject matter and supercedes and replaces any prior understanding or communication, written or oral.