HOSTEX Service Agreement

Please read this agreement in its entirety and choose I Agree or I Do Not Agree at the bottom. All users of our service will be bound by this agreement.

This HOSTEX Service Agreement (the "Agreement") governs the terms of the use by the Client of services offered by HOSTEX (MicroLink Lietuva, UAB).

The Client agrees to receive access to the hosting services according to the following terms and conditions:

1. Selection of Services. The Client will select hosting services offered by HOSTEX to create the services bundle for himself, and agree to receive services according to the services selected, and agrees to pay for the services provided below.

2.1. Payment for Services. The Client will pay for services provided under this Agreement by credit card. Credit card processing services are provided by WorldPay (http://www.worldpay.com). When initiating service, the Client will be charged for the published setup fee for the created services bundle as well as monthly charge. The Client's credit card will be charged for services used every month according to HOSTEX's published schedule on the nearest business day as the first service was initiated. If this Agreement is terminated on some other day than the day of the monthly payment, the Client will be obligated to pay only for the pro rata portion of the monthly service plan for the month in which the service is terminated. HOSTEX shall start the rendering services only when the Client pays the setup fee as well as the monthly charge.

2.2. On every payment operation the Client's credit card will be charged:
a) for monthly payments;
b) for exceeded resources, which were ordered in advance;
c) if in the middle of the payment cycle the Client orders a new service, the first month he will be obligated to pay the payment of that service pro rata the days he used the service that month.

2.3. If payment is not made within ten days past the due date, HOSTEX may discontinue rendering services.

2.4. HOSTEX will promptly inform the Client by E-mail about the inability to charge his credit card.

2.5. If services are discontinued, HOSTEX will send E-mal instructions to the client regarding resumption of service.

3.1. Terms and validity of the Agreement. This Agreement is valid until it is terminated. The Client or HOSTEX may terminate the Agreement at any time without any cause by giving the affected party 72 hours notice.

3.2. HOSTEX can change the terms of the Agreement at any time after giving the Client thirty days notice by E-mail. If the Client does not accept the revised terms, he may terminate the agreement at any time. His continued usage of HOSTEX services constitutes acceptance of the revised terms.

3.3. HOSTEX can assign its rights and obligations to third parties ten days after giving the Client E-mail notification.

3.4. The Client has only the right to resell the services provided by HOSTEX without passing the rights and obligations according this Agreement. The amenability before third parties according to the resale of the services belongs only to the Client.

4. Compliance with Law. The Client will use the services offered by HOSTEX in a manner consistent with all applicable Client's local and state laws, federal laws and international law. 5. Prohibition of Certain Publications and Activities

5.1. Prohibition of Publication of Certain Material. The Client shall not knowingly or unknowingly submit to HOSTEX for publication any material which would (including pictures, links, or any other content):
a) violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute;
b) contain any material that is: unlawful, harmful, fraudulent, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
Due to the public nature of the Internet, all material submitted by the Client for publication will be considered publicly accessible. HOSTEX does not screen in advance Client's material submitted to HOSTEX for publication. HOSTEX's publication of the material submitted by the Client does not create any express or implied approval by HOSTEX of such material, nor does it indicate that such material complies with the terms of this Agreement.

5.2. Prohibition of Certain Activities. The Client shall not:
a) send unsolicited commercial messages or communications in any form ("SPAM");
b) send or post harassing, abusive, libelous or obscene materials or assist in any similar activities related thereto;
c) intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses;
d) assist or permit any persons in engaging in any of the activities described above. If Customer becomes aware of any Prohibited Activities, Customer will use best efforts to remedy such Prohibited Activities immediately.

5.3. Complaint Process. HOSTEX sometimes receives (at abuse@hostex.net) written complaints from third parties regarding Prohibited Activities allegedly being conducted by the Client. HOSTEX will take the following actions to resolve each Complaint received by HOSTEX:
First Warning. Upon receipt of the initial complaint from a third party regarding Prohibited Activity by the Client, HOSTEX will e-mail the "First Warning" to the Client so that the Client can identify and remedy the Prohibited Activity.
Second Warning. Upon receipt of a second complaint related to the same or similar Prohibited Activity of the Client, HOSTEX will e-mail the "Second Warning" to the Client and request that the Client responds with an explanation and timeline of the actions to be taken by the Client to remedy Prohibited Activity. In the event that the Client does not respond to HOSTEX e-mail and remedy the Prohibited Activity within ten (10) business days, HOSTEX will bill the Client $100 penalty in the following month
Third Warning. Upon receipt of a third complaint after the date of the Second Warning related to the same or similar Prohibited Activity of the Client, HOSTEX will e-mail the "Third Warning" to the Client and request again that the Prohibited Activity cease immediately. In the event that the Prohibited Activity does not cease within five (5) business days, HOSTEX will remove Client's account and will only resume providing service when it receives adequate assurances that such activity will not continue. HOSTEX will also bill the Client $250 penalty.

6. DISCLAIMER OF WARRANTIES. HOSTEX'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. HOSTEX SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITEED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL HOSTEX BE LIABLE TO THE CLIENT FOR ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF HOSTEX'S'SERVICES, EVEN IF HOSTEX HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF HOSTEX'S SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, HOSTEX SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO HOSTEX FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.

7. Limitation/Disclaimer of Liability. HOSTEX is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize. HOSTEX does not represent or warrant to the Client that Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall HOSTEX be liable to the Client for any damages resulting from or related to any failure or delay of HOSTEX to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond HOSTEX's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.

8. Indemnity. The Client agrees to defend, indemnify and hold HOSTEX harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by HOSTEX to the Client under this Agreement, including without any limitation of the claims made by the third parties (including the customers of the Client) related to any false advertising claims, liability claims for products or services sold by the Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by the Client for publication by HOSTEX, but excluding those related to the negligence of HOSTEX.

9. Relationship of the Parties. The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.

10. Taxes. If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by HOSTEX to the Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then HOSTEX may pass the direct amount of such cost on to the Client, and He shall promptly pay such cost.

11. Waiver. Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.

12. Attorneys' Fees. If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.

13. IP Addresses. HOSTEX maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

14. Money back guarantee. Each of HOSTEX user accounts carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund of the contract amount, excluding any setup fees, domain registration fees and overages. Setup fees are refundable only if the account order is canceled prior to activation. For Web hosting contracts the full contract amount less any setup fees, domain registration fees and overages will be refunded if HOSTEX is notified within the first 30 days following activation. No refund is available after the 30th day.

15. HOSTEX may, with 30 days written notice by E-mail, amend the rates and or charges for any future server usage and/or services.