Terms of Service

This Web Hosting Agreement (this "Agreement") is between Robustlink, a brand of HKJ, a DBA formed under the laws of the State of California. (Robustlink) and the person (individual or legal person) whose signs Robustlink's service order and set up form (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of Robustlink's service.

Table of Contents

1. Services
2. Term
3. Payments
4. Cancellation and Early Termination
5. Law/AUP
6. Customer Information
7. Indemnification
8. Disclaimer of Warranties
9. Limitation of Damages
10. Suspension of Services/Termination
11. Resource Usage
12. Bandwidth Usage
13. Domains
14. Request for Customer Information
15. Back Up Copy
16. Charges for services
17. Changes to Robustlink's Network
18. Notices
19. Force Majeure
20. Governing Law/Disputes
21. Miscellaneous

1. Services.

Robustlink provides web design services, web hosting, and web site management related services. Subject to the terms of this Agreement, and contingent on Customer's satisfaction of Robustlink's credit approval requirements, Robustlink agrees to provide the services described in the Order for the fees stated in the Order.

2. Term.

The initial web hosting service term of the Agreement shall begin on the date that Robustlink generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of the same length as the Initial Term (each a "Renewal Term") unless Robustlink or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."

3. Payments.

• (a) One Time Fees.

  One Time fees apply to services such as web site design, consulting, or other services that are charged once without any recurring charge. If you have a credit card on file your card will be charged on the day of the invoice. (ie. Your renew date is April 22nd, your invoice will be sent on April 20th and your card on file will be charged April 20th) If your billing method is paypal you will need to manually pay your invoice. If the card declines then the customer is subject to a $10 fee for each occurrence on top of the service price.

• (a) Recurring Fees.

  If your billing method is paypal you will need to manually pay your invoice every month unless you are setup on a subscription. Service will be made inactive on accounts that are not paid by the due date at 12 PM PST. An account means all services provided to you. Robustlink reserves the right to revoke this grace period if a pattern of late payment is observed or if your payment method is listed as other. All orders made with a credit card are expected to work on the monthly renewal date each month. If the card declines then the customer is subject to a $10 one time fee on top of the monthly renewal price. Any accounts made inactive for non-payment is subject to a $10.00 late payment fee.

• (b) Credit/Debit card and your Address on File

  When an order is placed with a credit/debit card, your card is stored on file and will automatically be charged every month on the date your renewal notice is sent (two days before your actual renewal date). For security purposes your address on file with us must match the address of your credit/debit card. If this address does not match, our payment gateway will not accept the transaction. If you have a credit card on file and the transaction is declined due to the address this transaction might show up as a pending charge but will not be processed through. If you have a debit card on file and the transaction is declined due to the address your bank will pull the money out of your account but this money will be refunded back to ```` your account by your bank. It is recommended to always store a credit card on file instead of a debit card.

• (c) Non-Recurring Fees.

  All customers exceeding their bandwidth allowance will be sent invoices due upon receipt each month. All customers are responsible for monitoring transfer or bandwidth usage each month. Bandwidth overages are charged at $30.00 per each GB used over the allowed limit of the package. Customers have the option before their bandwidth billing cycle ends to upgrade per our a la carte upgrade option. Once your plan is upgraded you can not request a downgrade of the same plan for at least one month.

• (d) Taxes.

  At Robustlink's request Customer shall remit to Robustlink all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on Robustlink, regardless of whether Robustlink fails to collect the tax at the time the related services are provided.

4. Cancellation and Early Termination

All services are noncancellable and nonrefundable.

Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, or for other services as applicable. In the event Robustlink terminates the Agreement for Customer's breach of the Agreement in accordance with Section 12 (Termination), or Customer terminates the service other than in accordance with Section 12 (Termination) for Robustlink breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, or for other services as applicable, are due on the business day following termination of the Agreement. Customer also acknowledges that a minimum of 7 days cancellation notice or downgrade of current package prior to the following renewal term must be given in writing to Robustlink or the Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following guidelines:

• Cancellation request must be received and acknowledged by the billing department
• Cancellation request must be submitted from the main email address on file with Robustlink
• Cancellation request must contain the main domain Of the hosting plan you wish to cancel

7. Law/AUP.

Customer agrees to use the service in compliance with applicable law and Robustlink's Acceptable Use Policy, which is hereby incorporated by reference in this Agreement. Customer agrees that Robustlink may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of Robustlink's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Robustlink's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Robustlink and Customer regarding the interpretation of the AUP, Robustlink's commercially reasonable interpretation of the AUP shall govern.

8. Customer Information.

Customer represents and warrants to Robustlink that the information he, she or it has provided and will provide to Robustlink for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Robustlink that he or she is at least 18 years of age. Robustlink may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.

9. Indemnification.

Customer agrees to indemnify and hold harmless Robustlink, Robustlink's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

10. Disclaimer of Warranties.

Robustlink DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Robustlink DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

11. Limitation of Damages.

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Robustlink AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF Web hosting SERVICE.

12. Suspension/Termination.

• (a) Suspension of Service.

  Customer agrees that Robustlink may suspend services to Customer without notice and without liability if: (i) Robustlink reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Robustlink reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Robustlink's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

• (b) Termination.

  The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Robustlink fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by Robustlink prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Robustlink describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

13. Resource Usage

• Robustlink Customers may not initiate the following (below), if any customer does Robustlink may terminate the account with no refund. Depending on the situation there will/won't be warnings sent.
• a) Use 15% or more of system CPU resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
• b) Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero and Folding@home
• c) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed (applies to shared/reseller hosting only).
• d) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons
• e) Run any software that interfaces with an IRC (Internet Relay Chat) network.
• f) Run any file sharing, bit torrent or other P2P network services, client or server software.
• g) Run any gaming servers such as counter-strike, half-life, battlefield 1492, etc

14. Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

15. Domains

Robustlink is not a domain registrar. We register, buy and lease our own domains to you. We do not sell nor transfer ownership of our domains. We do not buy any domains for you and we only lease or rent our domains to you. You can purchase a domain from other registrar and point to our DNS. If you do not use our domain and you forget to renew your domain by the expiration date, you run the risk of losing your domain.

16. Requests for Customer Information.

Customer agrees that Robustlink may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that Robustlink believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

17. Back Up Copy.

Customer agrees to maintain a current copy of all content hosted by Robustlink nothwithstanding any agreement by Robustlink to provide back up services.

18. Charges for services

During any service term, customer may request different services or enhancements as provided by Robustlink. Customer agrees to pay the then applicable charges for such services. For example, if a certain plan includes monthly limited content update services, and customer requires services beyond the scope or limited duration as provided in said plan, then extra charges may apply as quoted by Robustlink. Any amount of unused time allocated by Robustlink to support such content update service shall expire at the end of each monthly term.

19. Changes to Robustlink's Network.

Upgrades and other changes in Robustlink's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. Robustlink reserves the right to change its network in its commercially reasonable discretion, and Robustlink shall not be liable for any resulting harm to Customer.

20. Notices.

Notices to Robustlink under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

21. Force Majeure.

Robustlink shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Robustlink's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

22. Governing Law/Disputes.

The Agreement shall be governed by the laws of the State of California, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in San Diego, California, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court in San Diego having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business or as chosen by Robustlink, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will initially bear its own costs and attorneys' fees, but the prevailing party shall be reimbursed by the other party for all attorneys fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

23. Miscellaneous.

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on Robustlink unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Robustlink's prior written consent. Robustlink's approval for assignment is contingent on the assignee meeting Robustlink's credit approval criteria. Robustlink may assign the Agreement in whole or in part.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.

Last updated on 09/24/2010