TERMS OF SERVICE

The Provider (ChiliHost) agrees to supply the Client with Web Site Hosting as prescribed on Provider's web site located at http://chilihost.com for a mutually agreed upon pricing structure and term. The Client agrees to all technical and billing requirements as set forth on said web site and to abide by the Acceptable Use Policy as amended from time to time and located at www.chilihost.com/acceptable-use-policy.php.

Service Guarantee: ChiliHost guarantees continuous service uptime and superior Client service in its Service Level Agreement (SLA), as amended, located at www.chilihost.nl/service-level-agreement.php. Provider has the right to amend the SLA from time to time, by posting an amended version at www.chilihost.com/service-level-agreement.php. Except as provided for in the SLA, service is provided on an "AS IS" AND "AS AVAILABLE" basis and Provider excludes and Client hereby waives all other representations and warranties, express or implied, arising by operation of law or otherwise, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement and title, as well as any warranties arising from a course of dealing, usage or trade practice, provider does not warrant or guaranty that the service will operate without fault, error or interruption. Provider shall not be liable for any indirect, incidental, special, consequential or punitive damages (including but not limited to, damages for lost profits or lost revenues), whether caused by the acts or omissions of Provider's employees or representatives, culpable negligence, or willful misconduct regardless of whether such party has been informed of the likelihood of such damages as well as any damages of any type resulting from the sue of the products and services or the failure of any of the products and services of Provider. The liability of provider for damages arising out of the furnishing of service or any other matter hereunder, including but not limited to mistakes, omissions, interruptions, delays, tortuous conduct, errors or other defects, representations, use of service or arising out of the failure to furnish service, whether caused by acts of commission or omission, (including Client hardware or software failures or any other damage occurring after the provision of the service) shall be limited to the extension of credit allowances as set forth in the SLA. IN NO EVENT SHALL PROVIDER'S LIABILITY EXCEED THE PAYMENTS MADE BY CLIENT TO PROVIDER IN ANY GIVEN MONTH AND CLIENT UNDERSTANDS THAT THIS PROVISION CONTAINS THE SOLE REMEDY FOR ANY FAILURE OF THE PRODUCTS AND SERVICES PROVIDED BY PROVIDER. THE CLIENT SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE PRODUCTS AND SERVICES OF PROVIDER AND THE PROVIDER SHALL HAVE NO LIABILITY THEREFROM. IN NO EVENT SHALL ANY CLAIM BE MADE AGAINST PROVIDER UNDER THE SLA MORE THAN TWO YEARS AFTER THE DATE OF THE EVENT THAT FORMS THE BASIS OF THE CLAIM.

Client Responsibilities: Client shall be responsible for any and all licenses for any software, scripts or other electronic media installed on Client's server, and shall provide Provider with a copy of same upon demand.

Backups: The Client understands that though Provider may perform regular back-ups of all data stored on behalf of the Client, the Client is responsible for independent backup of data and that Provider shall have no liability to Client in the event all data is lost or destroyed. The Client acknowledges and agrees that in the event restoration of data from backup is necessary, it may take a reasonable time to complete such restoration of data and resume operation of the service.