Black Rock Hosting - Colocation, Dedicated Server Space, Managed servers

	Terms of Service

	Black Rock Hosting ("Company") agrees to provide services to the Subscriber ("Client") subject to the following Terms of Service.

	1. Services. Black Rock Hosting will provide the hardware, operating system (OS), system software and Internet connectivity as specified in the specific plan the customer subscribes to. Black Rock Hosting will provide the customer with the root access password for the assigned server. If the plan includes "Managed Services" Black Rock Hosting will maintain the hardware, operating system, system software and Internet connectivity.

	2. Excluded Services. Custom or third party software installation, software maintenance and troubleshooting, software patches and upgrades, custom scripts. unless specified by the plan. System Administration time is available based on hourly rates, and physical security.

	3. Acceptable Use Policy (AUP). Service constitutes acceptance of agreement to Black Rock Hosting Acceptable Use Policy (AUP). AUP is available online at http:

	4. Actions in the event of Non-Payment. Services will not be activated until the initial payment and executed agreement are received by Black Rock Hosting. Thereafter, services will be put on hold if the customer fails to pay by the due date. It is the customers responsibility to make sure that the Provider receives the payment due by the payment due date. Returned checks or rejected credit cards will cause an immediate disruption to your service. Service will be re-activated only after the Customer cures such breach. If the customer fails to cure this breach within 10 days, the account will be terminated (see Terminations).

	5. Billing Policy. Black Rock Hosting provides Email Billing Reminders to all of our customers. Reminders are sent 10 days before the account becomes due. These reminders reflect amounts which are currently due (current statement) as well as items which will become due in the near future.

	6. Disputes. All payments to Black Rock Hosting are not refundable. If you dispute a charge you must pay the whole amount to avoid service interruption and E-Mail sales@blackrockhosting.com That will notify us about the disputed amount. You will receive a response within 7 business days. Should Black Rock Hosting validate your claim your account will be credited.

	7. Limited Liability. PROVIDER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. IT WILL BE CLIENT.S RESPONSIBILITY FOR THE USAGE OF HIS ACCOUNT AND ANY CONSEQUENCES OF THIS USAGE.

	8. Technical Support. Black Rock Hosting provides front line technical support. tech@blackrockhosting.com or phone number provided.

	9. Excluded Support. Black Rock Hosting only supports direct customers, not customers. clients. Black Rock Hosting will not support your software applications. Black Rock Hosting will not provide training to you on how to configure or administer your servers or HTML programming or any other scripting languages.

	10. Anti-Spam Provisions. Black Rock Hosting operates under a strict .No Spam. policy. The sending of any unsolicited e-mail advertising messages from, to, or through Black Rock Hosting's services may result in the imposition of civil liability against the sender, in accordance with local law. Unsolicited bulk. messages include, but are not limited to, commercial advertising, informational announcements, and political or religious tracts. Black Rock Hosting reserves the right to check all known commercial and public databases for information regarding prior history of unsolicited mail sending, and may choose to deny or terminate services based on this information. Individuals identified as ROKSO level abusers will be denied service immediately.

	11. Bandwidth Usage. Each Black Rock Hosting server comes with a dedicated 100Mbps port and includes 1TB of throughput. Bandwidth/Throughput billing is done on average usage, and not on peak usage. Should you exceed your included 1TB, we will only bill you for the amount you go over.

	12. Indemnification. Customer shall indemnify, defend by counsel reasonably accepted by Black Rock Hosting, protect and hold Black Rock Hosting and its directors, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, damages, expenses, including attorneys. fees and court costs, demands, or judgments directly or indirectly arising out of or related to the services.

	13. System and Network Security. Security is an important part of your Internet-based business, and it is important that our customers understand the security policies we apply to the servers at Black Rock Hosting. Every server our customers sign up for is built using our latest operating system builds, and contains the latest vendor-supplied patches. However, as we do not maintain control over the actual operating system, we do not claim responsibility for our customers. servers. Keeping the security of a server up-to-date is a continuous task, and is the responsibility of the customer. While our builds provide the initial security to keep your data secure, new security problems arise with all server types every day, and we cannot maintain the security of all of the systems operated by our customers. The only exception to this case is servers that are directly maintained by our company, such as the servers that are under our managed servers, and also the Back-up Services, to which the customer does not have shell access. Black Rock Hosting will maintain the security on these systems. In the event of a system compromise on a host we are not maintaining, it is the responsibility of the customer to back-up their data and contact us to take action. Our policy is to immediately re-install any compromised servers on our network, as they pose a threat to all of our systems. We can perform a re-install for a $50 reinstallation fee.

	14. Action by Black Rock Hosting in Security Violation. Black Rock Hosting reserves the right to act immediately regarding security violations. This may include without limitations the immediate disconnection of servers without notice or termination of services.

	15. Content. Customer is solely responsible for the content on the server(s) subject to the services.