Before continuing to use the services we offer, you must accept the terms stated below.

If you disagree with any part of the Terms of Service, you disagree to its entirety and you may not purchase our Web Hosting services.

If you do not agree to the Terms of Service and you proceed to purchase Web Hosting services, you release all ownership to published content, you release WebPeak Technologies from liability in any situation, you release WebPeak Technologies from any responsibility to the purchase of Web Hosting services, whether technical, physical, financial or otherwise.

Web Hosting: Terms of Service

1. You, the purchaser of Web Hosting services, agree and acknowledge that WebPeak Technologies may have unplanned and unpreventable downtime. WebPeak Technologies makes NO claim to 100% uptime.

2. The purchaser agrees and acknowledges WebPeak Technologies to be free from all liability in relation to the Web Hosting services bought. WebPeak Technologies will not be liable for downtime, loss of revenue, loss of data and/or any undesirable effects, which may arise from the use of services provided by WebPeak Technologies.

3. The purchaser agrees and acknowledges that WebPeak Technologies may choose to reject any site or domain name, which violates the Terms of Service in any way, shape or form. The domain name which the purchaser wishes to be hosted with Web Hosting services must meet the requirements of the Terms of Service, including, but not limited to, adult nature of the actual name or site, illegal content as stated in the name or published on the site.

4. The purchaser agrees and acknowledges that the domain name and site, which will be used with the Web Hosting services, meet the requirements of the Terms of Service.

5. The purchaser agrees and acknowledges that any set-up fees charged by WebPeak Technologies is non-refundable under any circumstances. In no situation will set-up fees for Web Hosting services be refunded.

6. Domain name registration is billed directly by Network Solutions (an independent organization that is in charge of processing domain name requests and charges). Currently Network Solutions charges $70 for the first 2 years and $35 for each additional year. See Network Solutions web site for other details.

7. WebPeak Technologies will not be responsible for content or data loss. Daily backups are for convenience only. Users should at all times keep a copy of their web site on their own computer for backup purposes.

8. The purchaser will not attempt in any way to deny service or access to others using the Internet by such means as mail bombings, software pirating, or mass mailings.

9. The purchaser agrees to not use any illegal, offensive or pornographic material on the server. Use of this material will be grounds for termination of the customer's account.

10. WebPeak Technologies claims the right to refuse service to any customer WebPeak Technologies feels is in violation of any of the Terms of Service.

11. WebPeak Technologies will not refund any purchaser whose account is terminated due to violation of any of the Terms of Service.

12. All services provided by WebPeak Technologies must be used for lawful purposes only. The purchaser agrees to indemnify and hold harmless WebPeak Technologies from any claims resulting from the use of services. The purchaser will ensure that its use of the Internet complies with all applicable federal, state and local law and regulation.

13. In the event a purchaser does not pay his fees WebPeak Technologies shall have the right to discontinue service. WebPeak Technologies shall have the right to delete all files, information and mail under the account.

14. The purchaser certifies he or she is legally able to enter into contracts.

15. WebPeak Technologies reserves the right to suspend services to the purchaser at any time, and for any reason with or without notice.

16. Charges for services under the agreement shall be in accordance with WebPeak Technologies price schedule in effect at the time service is rendered. WebPeak Technologies shall have the right to change its price schedule on 30 days notice.

17. There are no warranties, expressed or implied with respect to any all products and services. WebPeak Technologies shall not be held liable by any party for the content of the information, data and materials stored or transmitted through its systems and shall not be held liable by any party for such content. Neither WebPeak Technologies nor anyone else who has been involved in the creation, production, or delivery of this service will be liable for any direct, indirect, special, exemplary, consequential, or incidental damages (including damages for loss of business profits, business interpretation, loss of business information, and the like) arising out of the delivery, use of, or inability to use WebPeak Technologies services, system, and or machines. The sole cumulative liability of WebPeak Technologies for any all claims made by subscribers or any other party, regardless of forum, shall not exceed the fees and charges paid to WebPeak Technologies during the most recent one-month period. This specifies purchasers and any other party's sole monetary remedy.

18. This agreement shall prevail not with standing any variance with terms and conditions of any order submitted. Use of WebPeak Technologies services constitutes acceptance of the terms and conditions of this agreement.

19. Terms of payment for Web Hosting services are as follows: payment by personal or business check. Credit cards are not currently accepted. Payment for first month(s) of service is payable in full in advance. Any applicable set-up fees are payable in full in advance. Purchaser will be invoiced for service on the last day of each month for payment due on the 15^th day of the following month. Invoices are e-mailed unless otherwise specified. Purchaser is responsible for providing WebPeak Technologies with a current e-mail address for invoicing purposes.

20. Penalties for non-payment of service are as follows: if payment is not received on the due date, purchaser will receive an e-mail reminder the following day, and then at least three follow-up reminders by e-mail, including a "notice of pending account termination", which is also sent via snail-mail.  If payments are not received 4 weeks past the due date, purchasers account and service will be terminated and purchaser will be required to pay an additional $150 set-up fee, plus a late fee amounting to 10% of the overdue amount, in addition to full payment of the overdue amount, in order to restore service to his/her account. In the event of account termination, purchaser's web site will not be visible on the Web, and all e-mail accounts will be closed. WebPeak Technologies will not be responsible for any data lost due to an account termination.

21. Free tech support is limited to issues that are directly related to purchaser's web hosting account. Support for other issues (but not limited to) such as HTML coding, uploading or downloading of files for the purchaser, troubleshooting purchasers website, adding new files to purchasers website and, configuring scripts, is available at an additional cost (see website maintenance) and is not covered within purchaser's web hosting account.

23. WebPeak Technologies will communicate with one (1) assigned "person of record", when communicating with a client.

24. WebPeak Technologies reserves the right to change, update and append this agreement as necessary without notice.

25. If a check received from you for payment has insufficient funds, WebPeak Technologies reserves the right to suspend or cancel service until the payment plus a $35.00 NSF charge, has been sent to us. We will then resume service provided that the new check issued to us does clear with sufficient funds.

26. All hosting account cancellations must be in sent in writing by the 25th of any given month, to prevent your account from being billed for the following month, or billing period.

27. When a late payment fee is included on your invoice, it must be paid on or before the due date noted on that invoice. Failure to pay late fee payments in full as indicated on your invoice may result in the immediate termination of your account without advance notice. If you have questions or disputes about late fee payment charges on your invoice, please contact us immediately.