All users of StretchHost services, and all customers upon signing up for StretchHost services, agree to comply with StretchHost Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using StretchHost services with due regard to the rights of other Internet users and in conformity with the requirements of StretchHost network environment. The TOU are not exhaustive and StretchHost reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.stretchhost.com or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent to abuse@stretchhost.com.

Server Resources

Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level, or upgrade its service to a higher plan. StretchHost will be the sole arbiter of what is considered to be a high server usage level. Please contact us for our abuse terms for a detailed listing of our resources. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to StrechHost customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a StrechHost server, and selling or distributing software (on a Web site residing on a StrechHost server) that facilitates spamming. Violators will face immediate suspension. StrechHost reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Uptime Guarantee

StrechHost.com guarantees that your website will be up and running at least 99.9% of the time during any given 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where StrechHost.com has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues with subscriber's domain name, connection issues between the client's location and StrechHost.com data center. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that StrechHost.com cannot directly influence.

IRC

StretchHost does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.

Software Distribution & Gaming

StretchHost Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software and/or multimedia products. This includes but is not limited to file sharing, torrents, warez, and pirated material.Running any online gaming is prohibited due to intense CPU and memory usage

Ownership of Web Site

The legal owner of customers' Web sites and accounts with StrechHost will be the individual or organization whose name is listed in StrechHost database as the owner. Customers will fully cooperate with and abide by any and all of StrechHost security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with StrechHost.

Illegal Use

StrechHost servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Child Pornography and Pornography

The use of StrechHost services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. StrechHost is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Indemnification

StrechHost customers agree to protect, defend, hold harmless, and indemnify StrechHost, any third party entity related to StrechHost (including, without limitation, third party vendors), and StrechHost executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of StrechHost services.

Disclaimer

The StrechHost service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. StrechHost expressly disclaims any representation or warranty that the StrechHost service will be error-free, secure or uninterrupted. No oral advice or written information given by StrechHost, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. StrechHost and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modifications

StrechHost may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with StrechHost services. Certain changes to StrechHost services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and StrechHost is not liable, for any and all such personalized applications and content, except as expressly agreed to by StrechHost.

Backup of Data

Except where StrechHost has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and StrechHost is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with StrechHost services. StrechHost servers are also NOT be used as a backup storage and is only intented for hosting web files. We will have a data backup which is taken weekly and will be restored incase if any server crash. Backup cannot be provided to customers incase if they need any backup of their site.

Complete Agreement and Exclusivity

The TOU, and/or any other specific agreement for StrechHost services, constitutes the complete understanding and agreement between StrechHost and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of StrechHost, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for StrechHost services is between StrechHost and its customers only and will not confer any rights in any third party except as otherwise expressly provided by StrechHost.

Refusal of Service

We reserve the right to refuse, cancel or suspend service at our sole discretion, including but not limited to spamming and the abuse of staff or our servers. All sub-networks, distributive hosting sites of StrechHost.com must adhere to the above policies.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL STRECHHOST (INCLUDING, WITHOUT LIMITATION, STRECHHOST'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING STRECHHOST'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR STRECHHOST SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY STRECHHOST SERVICES EVEN IF STRECHHOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STRECHHOST'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR STRECHHOST'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY STRECHHOST OR STRECHHOST'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.