Last modified August 7th, 2021

1. Definitions

• Chariot Host is hereinafter referred to as the 'Host.'
• All individuals, businesses, organizations, or otherwise anyone accessing Host's services is hereinafter referred to as the 'Client.'
• Zip or bundled files, cPanel backup, or such is hereinafter referred to as an Archive.
• The Host's website that provides the store, services, and Client account for managing such payment for services (www.chariothost.com) is hereinafter referred to as the Service management portal.

2. Acceptance

By accepting this Agreement and using Host's Website Hosting Services, the Client agrees to be bound by all the terms and conditions of this Agreement.

3. Provision of Services

Host agrees to provide Client with website hosting services, consisting of website server space, e-mail capability, internet access, domain name registration, and such additional services, as may be provided by Host from time to time. Host reserves the right to change or modify the features of Client's service plan from time to time on 30 days written, by e-mailed notice, or by Client's account on Host's service portal website. Client's continued use of Host's services after receipt of such a notice of modification shall constitute Client's acceptance of and agreement to be bound by the Host's modification of the terms and conditions of this Agreement.

4. Agreement Term

The initial term of this Agreement begins upon execution of such Service and shall continue through the remainder of the Service's current payment cycle. After the initial term, the Service and this Agreement shall automatically renew for successive periods in accordance with the payment cycle found or set in the Client's account located on the Host's service management portal. Renewal ends when Service is terminated by one of the Parties.

5. Termination without Cause

(a) Unless where explicitly agreed, Client may terminate regular, reoccurring services at any time, for any reason, by modifying such services through Client's account on Host's service portal website, or by contacting Host, either by phone or e-mail. In the event of a cancellation, the Host will not refund amounts already billed for the current service period in which the Client terminates the Service, except when:

1. Any amounts paid in advance by the Client for future service terms following the current monthly service term will be promptly refunded by the Host upon request.
2. For discounted multi-month rates, the full price of the current monthly cycle will be subtracted from the refunded amount and will be promptly refunded by the Host upon request.
3. New services that are canceled before the end of a 3-day trial period will be promptly refunded by the Host upon request.

(b) Host may terminate services at any time, for any reason by providing written or e-mail notice of termination to Client's e-mail address or through Client's account on Host's service portal website, no less than 30 days prior to the service termination.

(c) If either Party terminates such a service, Client may request an Archive copy of Client's current Website content, databases, and e-mail messages within 5 business days. The archive will be delivered in attachment to an e-mail or via another electronic file transfer process free of charge.

6. Termination for Cause

The Client agrees to abide by the terms of this Agreement and by Host's general use policies as set forth in this Agreement, as those policies may exist from time to time. The host may change its use policies on 30 day written notice to Customer by e-mail message, mail, or notification to Client's account on the Service Management Portal. Any violation by Client of the terms of this Agreement or of Host's general use policies shall be grounds for immediate termination of Client's account for cause. If Host terminates Client's account for violation of this Agreement, Host shall not be required to refund any amounts billed for the billing period in which Host terminates Client's services.

7. Payment Terms

(a) Client agrees to pay Host according to the price advertised on the Service management portal or otherwise presented in the Client's account. Host reserves the right to change or modify its charges for Client's plan from time to time on 30 days notice written, e-mailed to client, or notified to Client's account on the Service management portal. Client's continued use of Host's services after receipt of such notice shall constitute Client's acceptance of and Agreement to be bound by the Host's modified charges for its services. Additional charges for add-on services not included in the Client's plan will be made as mutually agreed upon.

(b) Service charges are payable in advance on a monthly basis. The Host will invoice the Client at the beginning of each payment period. The Host will submit all invoices to the Client by e-mail or notification to the Client's account on the Service management portal. Payment is due immediately upon receipt of the invoice. Payments can be made online or by check. Interest will be added to any outstanding invoices remaining unpaid for more than 3 days.

(c) Client agrees to be billed for all recurring and one-time charges, including late charges, for any Services ordered by Client and any fees owed to Host.

(d) Any prorated charges for upgrading the Client's current hosting package, or performing add-on requests, will not be billed until the next invoice.

8. Taxes

Host shall not be liable for any taxes and other governmental fees related to purchases made by Client or from Host's servers. Client agrees that s/he will be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of or with the aid of services provided to Client by Host.

9. Materials and Products

Any material and data Client provides to Host in connection with Services shall be in a form requiring no additional manipulation on the part of Host. Host shall make no effort to validate this material or data for content, correctness, or usability. Material or data that is not in this condition shall be a breach of this Agreement. Host, in its sole discretion, may reject material or data that Client has placed on Host's servers or that Client has requested that Host put on Hosts' servers. Host agrees to notify Client immediately of its refusal of any material or data and provide Client with an opportunity to amend or modify the material or data to meet the Host's requirements. Client's failure to amend or modify the data or material as directed by Host within a reasonable time shall be a breach of this Agreement.

10. Electronic Mail Abuse

Harassment by e-mail, whether through language, frequency, or size of messages, is prohibited. The Client may not send an e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving e-mail, the Client must not send that person any further e-mail. Clients are explicitly prohibited from sending unsolicited bulk e-mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. Clients may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings. Malicious e-mail, including but not limited to "mail bombing" (flooding a user or site with very large or numerous pieces of e-mail) and "troling" (posting outrageous messages to generate numberous responses) is prohibited. Forging of the header or any other information is not permitted. Subscribing someone else to an e0mail list or removing someone else from a mail list without that person's permission is prohibited. Host's accounts or services may not be used to collect replies to messages sent from another Internet Services Provider if those messages violate this Agreement or any usage policy that other provider. Violations of this Agreement will result in immediate account termination and the provider reserves the right to charge an administrative clean-up fee of up to $500.

11. Violations of Network Security

The Client is prohibited from violating or attempting to violate the security of the network. Violations of system or network security may result in civil or criminal liability in addition to immediate termination of the Client's agreement. The Host will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Clients who are involved in such violations. These violations include, without limitation:

(a) Accessing data not intended for the Client or logging into a server or account that the client is not authorized to access.

(b) Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization. The Client can request such authorization by contacting the Host.

(c) Attempting to interfere with service to any Client, host, or network, including, without limitation, via means of overloading, "flooding," "mail bombing," or "crashing".

(d) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

(e) Taking any action in order to obtain services to which the Client is not entitled.

12. Warranty Against Unlawful Use

The Client warrants and represents that the Client shall use Services only for lawful purposes and in accordance with all valid federal, state, and local laws and regulations governing the use of e-mail and the Internet, whether or not specifically prohibited elsewhere in this Agreement. Failure to abide by the terms of this paragraph shall be grounds for immediate termination of Client's account for cause.

13. Liability; No Warranty; Limitation of Damages

(a) Client expressly agrees that the use of Services provided by Host is at Client's sole risk.

(b) Host guarantees 99 percent uptime for its Web servers. If uptime for Client's Web server falls below 99 percent during any given month (or specify another payment period), Host will credit Client 20% of the Client's current 30-day rate. Any such credit shall be applied to future invoices. This credit shall be the Client's sole and exclusive compensation for any downtime or other unavailability of Host's services under this Agreement. Host shall have no liability of any kind for any damages or loss arising as a consequence of such downtime or unavailability.

(c) Host, its officers, agents, or anyone else involved in providing services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of the performance, whether or not limited to acts of god, communication failure, theft, destruction, or unauthorized access to Host's records, programs, or services.

(e) Host will exercise no control over the content of the information passing through Host's network except those controls expressly provided herein.

(f) Host makes no warranties or representations of any kind, express or implied, for the services it is providing. Host also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays or non-deliveries.

14. Patents, Copyrights, Trademarks, and Other Intellectual and Proprietary Rights

(a) Except for rights expressly granted herein, this Agreement does not transfer any intellectual or other property or proprietary right to Client. Client agrees that all right, title, and interest in any product or service provided to Client belongs to Host. These products and services are only for Client's use in connection with Services provided to the Client as outlined in this Agreement.

(b) Client expressly warrants to the Host that Client has the right to use any patented, copyrighted, or trademarked material which the Client uses, posts, or otherwise transfers to Host servers.

15. Hardware, Equipment, and Software

Client is responsible for and must provide all phones, phone services, computers, software, hardware and other services necessary to access Host servers. Host makes no representations, warranties, or assurances that Client's equipment will be compatible with Host Services.

16. Age

Client expressly represents and warrants that Client and any person whom client grants access to Client's Host account are at least 18 years of age.

17. Indemnification

Client agrees to defend, indemnify, and host Host harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fees, asserted against Host, its agents, servants, 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, Client's agents, employees or assigns. Client further agrees to defend, indemnify, and hold harmless Host against liabilities arising out of:

(a) Any liability to host arising by virtue of any valid federal, state, or local law or regulation governing use of e-mail or the Internet;

(b) Any injury to person or property caused by any products sold or otherwise distributed inc connection with Services provided to the Client;

(c) Any material supplied by Client infringing or allegedly infringing on the property or proprietary rights of a third party;

(d) Copyright or trademark infringement by Client, or violation by Client of intellectual property rights of any other party; and

(e) Any defective product which Client sold or distributed by means of Services.

Client agrees that liability limit of Host shall in no event be greater than the aggregate dollar amount which Client paid during the terms of this Agreement, including any reasonable attorneys' fees and court costs.

18. Attorney's Fees

If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement.

19. Notice

Client agrees to keep Host informed of all current contact information for Client's account. Changes in the Client's account information may be reported to the Host by e-mail at support@chariothost.com, or on the Service management portal located at https://chariothost.com/portal via the Client's account settings or support ticket. Failure to maintain or keep current all contact information shall be a ground for the Host to terminate the Client's account for cause.

20. Governing Law

This Agreement has been entered into in the State of Washington, and its validity, construction, interpretation, and legal effect shall be governed by the laws of that state applicable to contracts entered into and performed within that state.

21. Severability

In case any one or more of the provisions of this Agreement be held for any reason to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the invalid provision(s) had never been contained in this Agreement, provided that those provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.

22. Waiver

No waiver by Host of any breach by Client of any provision of this Agreement shall be deemed a waiver for any proceding or succeeding breach of this Agreement. No waiver shall be effective unless it is in writing, and then only to the extent expressly set forth in such writing.

23. Entire Agreement

This agreement shall constitute the entire agreement between Client and Host, and no other agreement, statement, or promise relating to the subject mater of this Agreement which is not contained herein shall be valid or binding.