Terms Of Service

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BY ORDERING SERVICES YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND THIS AGREEMENT, AND ARE AWARE OF OUR FEE STRUCTURE AND TERMS OF SERVICE.

PLEASE READ THIS AGREEMENT BEFORE ORDERING SERVICES.

TERMS OF SERVICE CONTRACT & ACCEPTABLE USAGE AGREEMENT -

This WEB HOSTING SERVICE LEVEL AGREEMENT AND TERMS OF SERVICE AGREEMENT ("Agreement") is made and entered between OPENREACTION HOSTING SOLUTIONS, INC. (hereinafter referred to as "OpenReaction") and ALL OPENREACTION HOSTING SOLUTIONS, INC. CUSTOMERS CREATING ACCOUNTS VIA WEB SITE WWW.OPENREACTION.COM, OTHER RELATED WEBSITES AND/OR TELEPHONE ORDERS FOR WEB HOSTING SERVICES (hereinafter referred to as "Client"), effective as of the signing of this Agreement by the later of OPENREACTION HOSTING SOLUTIONS, INC. or Client.

WITNESSETH:

WHEREAS, OpenReaction provides web hosting services for web sites and desires to provide web hosting for a website for Client;

WHEREAS, Client desires to have a web site hosted or services provided by OpenReaction;

NOW, THEREFORE, in consideration of the mutual covenants, warranties, and representations herein contained and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, OpenReaction and Client agree as follows:

Customers of OpenReaction agree to comply with the terms and conditions set forth below, and upon activation of customers account with OpenReaction, customer agrees to have reviewed the following terms and agree to be bound by the following terms. The Company reserves the right to change these terms of service, and recommends all subscribers to frequently view this contract. This agreement is structured in accordance to laws of the state of Georgia, and the county of Cobb.

This agreement sets out the terms and conditions ("Terms and Conditions") applicable to members of the web hosting network ("OpenReaction") operated by OpenReaction Hosting Solutions, Inc. In order for a customer to be a member of our service, and as a condition for participation, must agree to the following Terms and Conditions. In the event a customer breaches or otherwise fails to comply with any provision of these Terms and Conditions then in addition to any other remedy available to OpenReaction Hosting Solutions, Inc. may terminate the participation of such websites and customers from network.

THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. OPENREACTION HOSTING SOLUTIONS, INC. CONTENT AND SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. OPENREACTION DISCLAIMS ANY IMPLIED WARRANTIES. OPENREACTION HOSTING SOLUTIONS, INC., ANY OF ITS EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES RESULTING IN USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY OPENREACTION HOSTING SOLUTIONS, INC., INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OF SERVICES, OR TERMINATION OF SERVICES.

Scope and Reach of Agreement:

This agreement applies to customers of all services of OpenReaction Hosting Solutions, Inc. directly or indirectly by services resold to other clients.

Products and Services offered at other related domain names and websites owned by OpenReaction Hosting Solutions, Inc.

1.0 Right to Refusal With Out Cause

1.1 OpenReaction may refuse to accept any customer or any website for participation in the OpenReaction Hosting Solutions, Inc. hosting network as determined by OpenReaction at its sole discretion.

2.0 Modification of Agreement

2.1 OpenReaction reserves the right to change the Terms and Conditions at any time. It is the customer's responsibility to check these Terms and Conditions from time to time for such changes. In the event the OpenReaction offers any additional or replacement services then this agreement shall apply to such services in the absence of any new agreement specific to such services which is entered into between the parties.

3.0 Hold Harmless (a)

3.1 The customer agrees to indemnify and hold OpenReaction Hosting Solutions, Inc. and its affiliates, employees, agents and representatives harmless from and against any and all claims, demands, liabilities, expenses, losses, damages and attorney fees arising from any and all claims and lawsuits for libel, slander, copyright, and trademark violation as well as all other claims resulting from (i) the participation of the customer in the OpenReaction Hosting Solutions, Inc. hosting network , (ii) operation of the customer's web site or any URL submitted to OpenReaction Hosting Solutions, Inc. for participation in the OpenReaction Hosting Solutions, Inc. or (iii) otherwise arising from customer's relationship with OpenReaction Hosting Solutions, Inc. The customer also agrees to indemnify OpenReaction Hosting Solutions, Inc. for any legal fees incurred by OpenReaction Hosting Solutions, Inc., acting reasonably, in investigating or enforcing its rights under this agreement.

4.0 Account Termination

4.1 OpenReaction Hosting Solutions, Inc. reserves the right to cancel an account at will at its sole discretion. A customer may terminate an account with OpenReaction Hosting Solutions, Inc., given that the following provisions are meeting:

4.1.1 Account is in good standing, all payments have been made;

4.1.2 Account does not host content which is not allowed on OpenReaction Hosting Solutions, Inc. hosting network or Servers;

4.1.3 Account has no pending warnings / complaints.

4.1.4 Account holder completes the required form on OpenReaction's customer control area of web site in order to terminate the account in the system;

5.0 Illegal Activity

5.1 OpenReaction Hosting Solutions, Inc. may only be utilized for lawful purposes. Any actions by the customer that violate state laws, federal, local, or international laws are strictly prohibited, and will result in immediate removal of the customers account, including any files that may be stored within the account. OpenReaction reserves the right to inspect any files or data contained on its own property. The following activities are forbidden, and will result in immediate dismissal of customer accounts and files.

5.2 Host, or serve any material that contains threatening, unlawful, abusive, obscene, offensive, or otherwise material that OpenReaction finds inappropriate, will result in removal of services.

5.2.1 The hosting of unlicensed software that is available to the public;

5.2.2 Software or files that contain computer viruses or files that may harm user's computers;

5.2.3 Sending unsolicited or prohibited advertisements, or mass e-mails will result in immediate termination of customers account;

5.3 As mentioned, the utilization of OpenReaction services for unlawful activity is forbidden. In addition, upon activation of customers account, customer agrees to give OpenReaction the permission to disclose any, or all available information collected to law enforcement upon written request by enforcement agency. Information that may be disclosed includes, but it not limited to IP addresses, account history, and files stored on OpenReaction servers.

6.0 Agreement Activation

6.1 Customer agrees upon activation of OpenReaction services that OpenReaction rates were clearly visible, and have been communicated to the customer. Customer is also aware that rates may change from time to time, and in this case, customer will first be notified before any additional charges are posted on the customers account.

6.2 This agreement is active once the customer has submitted the information located at the OpenReaction Hosting Solutions, Inc. Order Forms, and has been approved by OpenReaction. The duration of this agreement depends on the plan selected by the customer. Plans include, but are subject to change at any time: Monthly Billing, Quarterly Billing, Semi Yearly Billing, and Yearly Billing. All packages are to be prepaid, as set forth in the plan section of OpenReaction.com, and if the customer decides to cancel any services before they have utilized services that they have already submitted payment for, customer realizes that a refund is subject to OpenReaction's approval, or denial.

6.3 Non-Payment: All payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for services within seven (7) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed. A late fee of 5% of all due invoices will be incurred for failure to remit payment for services on or before the monthly anniversary date. A $50 reconnect fee will may be incurred for failure to remit payment for services after public access has been disconnected. All customer data remaining after seven (7) days of non-payment may be destroyed for security and privacy reasons at the sole discretion of OpenReaction Hosting Solutions, Inc.

7.0 Cancellations and the "Risk Free" Money Back Guarantees - It is important that you read this section before submitting a cancellation form.

7.1 OpenReaction as earlier mentioned provides an Money Back Guarantee. This covers pre-payments made within 30 days after joining OpenReaction's web hosting services. Our guarantee does not cover any and all setup fees incurred while signing up for OpenReaction services. In addition, prepayments for long-term web hosting packages will pro-rated before refund is issued. In short, you will be refunded a pro-rated amount less any incurred setup, configuration or over usage costs. Closed web hosting accounts are not eligible for this money-back guarantee if terminated for violation of our Terms of Service or Acceptable Use Policy by OpenReaction -- regardless if the cancellation form was submitted. The rate quoted during sign up will be used to pro-rate refunds. All cancellation requests must be made via our cancellation request form found at the support tab of our site. The money-back guarantee applies to situations of OpenReaction's fault that result in you not being satisfied with OpenReaction services.

7.2 Refunds are only issued if the cancellation is within the allowed period. The allowed period is defined as: A 30 day period includes all weekends, holidays, business days, and day of purchase. Period begins on day of purchase and ends at the end of the 30 day from the day of purchase.

7.3 While OpenReaction issues refunds on a regular basis when the above conditions are met and the closed account is in good standing, OpenReaction reserves the right to refuse a refund at its sole discretion in order to protect itself against abuse of our generous guarantee policy.

7.4 OpenReaction Hosting Solutions, Inc. will issue refunds only using the same method of payment that was made to OpenReaction Hosting Solutions, Inc. We do not issue cash refunds.

7.5 Accounts must be in financial good standing before they can be closed. You must not have any failed invoices or unpaid invoices on your account. Any invoices due within 72 hours before or after of submitting a cancellation form must be paid before the cancellation will be processed.

7.6 Time from cancellation to completed processing. Due to the process involved in closing an account, it may take up to 30 business days to close your account fully. Refund is the final step in the cancellation process, and will be issued once the remainder of the process is over. Due to our bank and bank delays, once a refund is issued it will take up to 72 hours for it to be reflected on your bank or credit card statement.

In certain cases, a cancellation may take longer than 30 business days to complete. And, while OpenReaction will do everything in its power to complete your cancellation on time and issue any due refunds on time, the following are some reasons that cancellations may be delayed:

* A delay in response to questions, or communication sent to you.
* Account was not confirmed and was pending confirmation (in this case we have to wait for confirmation to be received.)
* Account is not current or not completed and has overdue payments due that must be taken care of before the account can be closed.

7.7 Domain Names (For information regarding free domain names and cancellation/refund please see section 8.2 below.) OpenReaction is an active registrar for many of our customers, registering your domain name. Most of our customer domain names are auto-renewed. In certain cases auto-renewal may be disabled (for example, if you are past-due on a payment we may decide to disable auto-renew on your domain name so we do not pay for a service you are not using/paying for.) If your domain name expires because of auto-renew being disabled, notify us right away and we will attempt to renew the domain name. If the domain name has been pushed into redemption period, then you are responsible for payment of a one-time $150 redemption fee to renew your domain.

7.8 NON-USAGE OF AN ACCOUNT IS NOT PROOF OF CANCELLATION OF SERVICE. Clients are responsible for full payment on all accounts whether or not the account is or was ever utilized. If a client cancels without using the account outside of the guarantee period, there is no refund allowed.

7.9 Extended Guarantee Period - An extended guarantee may be given to a customer by a OpenReaction staff member with written approval of the management of OpenReaction. A note will be placed internally on your OpenReaction account. If the note does not exist then the extended guarantee period does not exist. You may, at the time of extension only, request that we send you a confirmation number and documentation. OpenReaction may, at it's sole discretion, issue or refuse to issue extended guarantees.

7.10 All services will automatically renew in one, three, six, twelve or other month terms. Unless canceled (or the service is a one-time charge or one-time service only,) all OpenReaction accounts WILL renew automatically and will be automatically charged to your account. If you wish to cancel service, please cancel using the cancellation form and method found at

8.0 Domain Name Services & Registration / Free Registration

8.1 As part of the hosting plans, a domain registration service can be obtained. Please review our domain registration agreement and uniform domain name dispute resolution policy set forth by ICANN. It is the customer's responsibility to check these agreements on a regular basis.

8.2 OpenReaction Hosting Solutions, Inc. will, on occasion, register or transfer a domain name for a customer at no cost as part of the package the customer ordered. This domain name will be registered or transferred under OpenReaction's information and shall remain listed under our contact information until one of two conditions is meet: a. The customers account with The Company is over one year old and has no current payment issues, up-to-date billing information and the customer has requested the domain be transferred into their name or b. The customers account is cancelled and the customer is either eligible to continue to receive free registration for the next year or, if not eligible for free registration, is will and does pay for the registration of the domain name.

8.3 OpenReaction Hosting Solutions, Inc. will utilize the registration systems provide by third parties. Your domain name usage will be governed by the Terms and Conditions set forth by these third parties.

9.0 Torturous Conduct

9.1 Any abuse towards any OpenReaction employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing OpenReaction or utilizing the Support System(s), refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at OpenReaction or its employees shall be considered a violation of this TOS.

Any threat; whether verbally, orally, written, or delivered by second parties directed towards OpenReaction or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this TOS.

Any conduct viewed as violating this section shall be considered a violation of this TOS. OpenReaction will be the sole arbitrator in regards to what is deemed a violation.

No refunds shall be given when the contents of this section necessitates removal of the account.

9.2 Any abuse of our emergency pager tool will result in immediate cancellation. The emergency pager is ONLY to be used for the following types of problems:

9.2.1 Server outages - If your site goes down and stays down for over three minute's time.

9.2.2 Network issues - If you are unable to reach OpenReaction web servers for over three minutes time and are unable to reach more than one server for this time period.

9.2.3 Down time for over three minutes in time (an average reboot will take this amount of time.)

10.0 Harm to OpenReaction Servers

10.1 Any attempt to undermine or cause harm to a server or customer of OpenReaction Hosting Solutions, Inc. is strictly prohibited.

11.0 Acceptable Use of Services / Acceptable Access to Services

11.1 OpenReaction Hosting Solutions, Inc. will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" or "phising" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a OpenReaction Hosting Solutions, Inc. customer, whether or not the attacked account or computer belongs to OpenReaction Hosting Solutions, Inc., will result in action against the attacker. Possible actions include warnings, account suspension or cancellation and civil or criminal legal action, depending on the seriousness of the attack.

11.2 Bandwidth Stealing -- Bandwidth Stealing is defined as using a temporary URL to access your website after the first 72 hours of your account, or using the temporary URL as a download link for large files. This is against this Terms of Service agreement and will result in:

a. First offence - suspended account and warning
b. Second offence - terminated account and no refund.

11.3 CPU usage (or usage of the Central Processing Unit(s)) on the web server your account is hosted on is regulated as follows. Each account is allowed to use 10% of the CPU power at any given time. However, we do enforce and require that all accounts only use a reasonable amount of CPU at any given time. If your account is found to affect other clients on the server, or if your account causes the web server to slow down for any reason, we may suspend your account. We will notify you of this suspension, depending on the circumstances it may be after the suspension has been performed.

In this case, we may require that you either upgrade to a dedicated or semi-dedicated web hosting solution, or reduce the amount of load and traffic your web site receives. We may lock specific files or scripts if they are found to be overusing CPU on their own and notify you of this.

Any attempt to hide, mask or disguise your usage will result in immediate termination without refund for TOS violation. Sections 11.2 and 11.3 apply to shared web hosting only.

12.0 Mutual Contacts - Customer agrees to provide OpenReaction with accurate, up-to-date and valid contact information at all times. When changing addresses, a customer must notify OpenReaction within 10 business days of the address change taking effect. OpenReaction in turn, will provide and maintain contact information on our website at all times, and insure the information is valid. Our goal is an accurate and positive flow of information between our offices and our customers.

13.0 SPAM, Junk Mail, UCE, Chat Rooms, Message Forums and Penalty for Actions

13.1 Commercial advertisements are NOT WELCOME in most discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming" or sending a message to many different off-topic newsgroups is particularly unethical and will be treated as such breach of this ethical policy.

13.2 Sending a message, especially an advertisement, to more than THREE recipients, is by itself UCE/SPAMMING unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Excepted are opt-in mailing lists where the recipients have explicitly requested to receive advertisements and have an opt-out option. Proof must be made that recipient has opted-in to receive advertisements and / or newsletters in case of complaint. Customers who are found to be sending UCE or SPAM to more than THREE e-mail address will be TERMINATED WITHOUT REFUND.

13.3 We do allow clients to install their own chat rooms however chat rooms are subject to utilization policy, hence approval with the OpenReaction Hosting Solutions, Inc. support team prior to utilizing the chat software is strongly recommended. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. Parachute chat rooms do not apply to this rule. They are perfectly fine to install. IRC chat servers are allowed on dedicated servers.

14.0 Service Guarantees

14.1 OpenReaction will guarantee an uptime average of 99.98% across our network and 99.995% network stability uptime. OpenReaction will pro-rate refunds and credits for downtime on a requested basis.

14.2 OpenReaction price lock guarantee and feature lock guarantee: OpenReaction will not raise prices without prior notice nor will OpenReaction downgrade features for customers. What you sign up with is what you will continue OpenReaction service with for your entire contract duration. In certain occasions, OpenReaction MAY grant additional services for all customers during package changes.

14.3 OpenReaction Unmetered Bandwidth Policy OpenReaction provides unmetered bandwidth for dedicated serve customers. Unmetered bandwidth is defined as an unrestricted amount of data transfer for your website/server to use.

15.0 Optional Services

15.1 Optional OpenReaction Services can be purchased via the Add Features and Update Account Features forms. These services, including but not limited to: Web Templates, Spam Assassin/Spam Removal Service and other services offered are offered WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. OPENREACTION HOSTING SOLUTIONS, INC. ADDITIONAL SERVICES, ADDED FEATURES AND VALUE ADDED SERVICES/FEATURES CONTENT AND SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. OPENREACTION DISCLAIMS ANY IMPLIED WARRANTIES. OPENREACTION HOSTING SOLUTIONS, INC., ANY OF ITS EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES RESULTING IN USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY OPENREACTION HOSTING SOLUTIONS, INC., INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OF SERVICES, OR TERMINATION OF SERVICES.

15.2 At times users may choose to upgrade service with OpenReaction. In this case upgrades will be billed in annual terms unless arrangements are made in advance. Upgrades can be made via the user control panel and/or the ticketing system. Upgrades and related fees are non-refundable.

16.0 Background Operations/Programs on Servers

16.1 We may allow programs to run continually in the background. These are called cron jobs and are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed, if applicable. In most cases OpenReaction Hosting Solutions, Inc. prefers not to impose any extra charges on the customers.

17.0 Refusal of Services

17.1 OpenReaction Hosting Solutions, Inc. reserves the right to refuse service to anyone. Customers may only use OpenReaction Hosting Solutions, Inc.'s servers for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets. OpenReaction Hosting Solutions, Inc. expressly forbids anyone from using OpenReaction Hosting Solutions, Inc. servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, adult OR pornographic material illegal in the United States, or any other material which we deem to be objectionable, including, but not limited to, again - pornography, again - adult materials, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of OpenReaction Hosting Solutions, Inc. management. All web servers containing adult content must be made known to OpenReaction in writing and must provide all legal documentation required by any Federal, State or Local laws per OpenReaction's request. This documentation may include but not be limited too the verification of the age of the preforming party(s).

18.0 Payment, Charge backs and Returned Checks

18.1 OpenReaction Hosting Solutions, Inc. does not allow charge backs to occur to its merchant accounts and contracts with VISA / MASTER CARD International, American Express Bank. and Discover Financial Services. It is not recommended to initiate a charge back hence customer agreed to AUP (this document) and Terms & Conditions as outlined in this document and OpenReaction Hosting Solutions, Inc. will use this document and customer's agreement at the time of order to wholeheartedly fight a charge back and / or dispute. If customer supplied a valid reason for refund, OpenReaction Hosting Solutions, Inc. will gladly apply a refund ONLY if requirements as specified above are met. Any dispute / charge back attempts will immediately result in suspension of web hosting account and another charge applied to the customer credit card under the same order / authorization number.

18.2 OpenReaction Hosting Solutions, Inc. will charge posted fees for all new and previous orders. Your fees will be based on the free structure when you created your account. Current pricing can be found at www.OpenReaction.com. However, this pricing may vary from the pricing and features on your account. OpenReaction Hosting Solutions, Inc. reserves the right to modify and change packages as needed. 18.3 Upon customer account activation, customer agrees to pay on either a 30-day basis, 90-day basis, or a 365-day basis. OpenReaction gives customer 48 hours over payment deadline, and if the payment has not been received customers account will be suspended.

* Any customer who provides a credit card charge back in response to a bill and or order placed at OpenReaction Hosting Solutions, Inc. will be subject to collections and legal action. Charge backs are NEVER acceptable means of attaining a refund. Further, by ordering an account with OpenReaction you are bound by these terms and conditions and must follow and agree to them. The following fees will be assessed for all chargebacks:

$25.00 charge back processing fee $150.00 penalty for charge back usage

If collections action is required, a 25% collections fee will be assessed as well for the total amount. * All returned checks will be sent to collections. Below is our returned check fee by states. ** For states marked with an asterisk (*), the fee shown or the maximum amount permitted by law. ** For states marked with double asterisk (**), the law allows us to hold the check writer responsible for all other costs of collection.

Alaska .... $25
Alabama .... $28**
Arkansas .... $25
Arizona .... $25
California .... $25
Colorado .... $20**
Connecticut .... $20
District of Columbia .... $25
Delaware .... $30
Florida .... $25**
Georgia .... $25*
Guam .... $20
Hawaii .... $20
Iowa .... $20*
Idaho .... $20
Illinois .... $25**
Indiana .... $20*
Kansas .... $30
Kentucky .... $25*
Louisiana .... $25*
Massachusetts .... $25
Maryland .... $35
Maine .... $25
Michigan .... $25
Minnesota .... $30**
Missouri .... $20
Mississippi .... $30
Montana .... $30
North Carolina .... $25
North Dakota .... $25
Nebraska .... $35
New Hampshire .... $25
New Jersey .... $30
New Mexico .... $30
Nevada .... $25
New York .... $20
Ohio .... $30*
Oklahoma .... $25*
Oregon .... $25
Pennsylvania .... $30
Puerto Rico .... $10
Rhode Island .... $25
South Carolina .... $25
South Dakota .... $30
Tennessee .... $20
Texas .... $25**
Utah .... $20
Virginia .... $25
Virgin Islands .... $20
Vermont .... $25
Washington .... $25**
Wisconsin .... $25**
West Virginia .... $15
Wyoming .... $30*


19.0 Customer Service Surveys

19.1 Service Surveys may be issued. Please be warned, any response to surveys may result in use of your comments/question answers in promotional materials such as our testimonials web page or rotating testimonials. We may also gather aggregated figures and post them. BY CHOOSING TO FILL OUT A SURVEY, YOU CONSENT TO OUR USE OF SAID MATERIAL. If you wish to complete a survey, but do not wish that your response be posted in public please request they are not in the survey.

OpenReaction will read and respond to many surveys. By completing a survey, you consent to us contacting you regarding your experience.

20.0 Service Denial

20.1 OpenReaction may temporarily, or indefinitely deny service of terminate this agreement upon failure to collect payment from customer. Such termination with no payment will result in customer being indebted to OpenReaction, and customer will be responsible for reasonable interest and collection fees.

21.0 Warranties and representations

21.1 OpenReaction makes no warranties or representations for the services being offered. OpenReaction provides hosting services on an "as is" and "as available" basis with no warranties for the services provided to customer. OpenReaction provides no warranty for connection issues, or uninterrupted service customers may incur while hosting with OpenReaction.

22.0 Miscellaneous Headings

22.0.1 This Agreement contains the entire understanding between the parties hereto with respect to the transaction contemplated hereby, and it may not be amended, modified, or altered except by an instrument in writing signed by the party to be charged. 22.0.2 This Agreement shall be construed under and interpreted in accordance with the laws of the State of Georgia.

22.0.3 This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.

22.0.4 The captions and headings contained herein are inserted for convenient reference only, are not a part hereof, and the same shall not limit or construe the provision to which they apply. The Exhibits hereto are hereby incorporated herein by this reference and made a part hereof.

22.0.5 This Agreement may be executed in counterparts, each of which shall be deemed an original

22.0.6 Survival of this agreement: This FULL agreement is to survive the holders account by a period of 60 days. Sections 21.x, 20.x, 19.x, 18.x, 14.x, 13.x, 11.x, 10.x, 9.x, 8.x and 7.x are to survive this agreement for a period of six months past the holders account.

22.0.7 Resellers & Overselling: Overselling is expressly prohibited for all reseller accounts at the OpenReaction Reseller Program. OpenReaction reserves the right to terminate without refund any reseller caught OVERSELLING our services. Our plans are designed so that a specific number of customers can be hosted per server. Overselling damages the quality of service for all customers. Again, we PROHIBIT any and all overselling on all reseller accounts.

* Overselling is defined as selling more disk space or data transfer than your reseller account is allocated. For example, if your plan allows for 50 GB of data transfer and 5 GB of disk space, and you sell 6 GB of disk space hoping that most of your users won't use that amount of space, then you are overselling. The same applies to data transfer, E-mail accounts and all other account features.

22.0.8. Press & News Releases

* Forward Looking Statements: Any statements in this website that are not historical facts are forward-looking statements that involve risks and uncertainties; actual results may differ from the forward-looking statements. Sentences or phrases that use such words as "believes," "anticipates," "plans," "may," "hopes," "can," "will," "expects," "is designed to," "with the intent," "potential" and others indicate forward-looking statements, but their absence does not mean that a statement is not forward-looking. The Company undertakes no obligation to publicly release the results of any revisions to these forward-looking statements that may be made to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.

23.0 Dedicated Servers, Collocation Services and Reseller Accounts

23.1 Dedicated Servers - Standard Dedicated Servers and Collocated Servers

23.1.1 Pricing

23.1.1. (1) Dedicated servers are covered by a price lock guarantee. The price lock guarantee is define as the following: OpenReaction Hosting Solutions, Inc. will not and shall not raise rates of hosting dedicated servers or lower them for any reason without prior notice, unless to charge over usage fees or through special arrangement.

23.1.2. (2) Price lock guarantee does not cover costs of over usage of data transfer, or advanced technical assistance. Bandwidth over usage will be charged at posted rates. Server administration and advanced support is billed at $65.00/hr.

23.1.3 (3) Cancellations for dedicated servers must be sent via Cancellation Form and must be received at least seven days before the next billing date of the server. Cancellations received during the seven days before an invoice is due will be processed for the next period.

23.1.2 Server Usage & Hosted Content

23.2.1. (1) Server content MUST be within parameters described in Section 5.0. Specifically, no illegal or otherwise deemed inappropriate content is to be hosted at a OpenReaction Hosting Solutions, Inc. dedicated server. For clarifications, it is your responsibility to contact a OpenReaction Hosting Solutions, Inc. representative.

23.2.1. (2) Using any OpenReaction Hosting Solutions, Inc. web hosting or dedicated server for SPAM or UCE will result in instant termination. Please see section 5.0 for details.

23.1.3 Unauthorized Access. OpenReaction Hosting Solutions, Inc. explicitly forbids the usage of any OpenReaction Hosting Solutions, Inc. hardware or software hosted on a OpenReaction server to attempt to gain unauthorized access to another hosted machine or the network.

23.1.5 Network Uptime and Server Uptime Guarantees. OpenReaction Hosting Solutions, Inc. will guarantee 99.999% Network Availability and 99.98% server availability. This, however, does not cover outages due to:

* Server Hardware Failure

* User error or intentional user service interruption (e.g. if you shut your own server down, we are not responsible for the down time.)

* Crashes caused by software that is not expressly specified by OpenReaction as supported software. In short, if you cause a hardware crash OpenReaction Hosting Solutions, Inc. is not responsible for the downtime caused.

23.1.5. e. Please see Section(s) 22.0.8 h.

24.0 Limitation of Liability

24.1 Customer agrees that no OpenReaction Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to OpenReaction at the time) which may exist in the Services or OpenReaction's equipment used to provide the Services.

Under no circumstances, including negligence, shall any OpenReaction Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if OpenReaction has been advised of the possibility of such damages. No OpenReaction Person shall be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to OpenReaction's records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement, OpenReaction's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the quarter (3 month) period prior to the date the damage or loss occurred or the cause of action arose.

Customer understands, acknowledges and agrees that if OpenReaction takes any corrective action under this Agreement because of an action of Customer or one if its customer, that corrective action may adversely affect other customers, and Customer agrees that OpenReaction shall have no liability to Customer, any of its customers or due to such corrective action by OpenReaction.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.

25.0 Customer Website; E-commerce; Customer Warranties/Guarantees

25.1 Customer shall be solely responsible for the development, operation and maintenance of Customer's web site, online store and e-commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer's products, including, without limitation (i) the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, (ii) ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and (iii) ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store.

25.2 Customer shall be responsible for the security and confidentiality of any customer information (including, without limitation, customer credit card numbers) that Customer may receive as a result of its web site or online store.

25.3 Customer represents and warrants to OpenReaction that Customer owns or has the right to use the Customer Content and material contained therein, including all text, graphics, sound, music, video, programming, scripts and applets, and the use, reproduction, distribution and transmission of the Customer Content and any information and materials contained therein does not, and will not, (i) infringe or misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party, (ii) violate any criminal laws or (iii) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation. Customer grants OpenReaction the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services.

26.0 Force Majeure

26.1 OpenReaction Hosting Solutions, Inc. shall not be liable for failure or delay in performing it obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

27.0 Verification of Agreement & Ratification

27.1 By activating your account, you understand that by placing files on OpenReaction servers, you are openly offering your files to the public, and that OpenReaction has no way of limiting this access, and do not warrant the protection of your files. It is your sole responsibility to upload files to your allocated space with discretion, and we strongly recommend that you not upload any personal files or information that you would not publicly post on your website(s).

27.2 Completing order form shall constitute electronic signature of this document. Document is agreed upon by OpenReaction Hosting Solutions, Inc.

28.0 Assignment

28.1 Customer shall not have the right to assign this Agreement without the prior written consent of OpenReaction. This Agreement shall be binding upon and inure to the benefit of Customer and OpenReaction and their successors and permitted assigns.

29.0 Entire Agreement; Severability of Agreement

29.1 This Agreement, together with the Order Form and any other documents or agreements specifically identified in this Agreement, represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

29.2 Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.

Service Guarantees can be found here.

Section 6.3 revised on 4/23/2007
Sections 14.2 and 23.1.1 revised on 7/26/2007