By using our service, the Subscribing Customer (you) hereby agrees to the following:

In consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:
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<li>Customer agrees to pay for hosting services rendered in advance of each monthly service term. Purchases made with a credit card will be billed automatically on the due date.</li><br>

<li>Customer agrees to be bound by the service term selected on the online order form.</li><br>

<li>Setup fees and monthly service fees are non-refundable.</li><br>

<li>Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be resolved within 5 days of notice. Customers failing to secure payment within 5 days of notice will have their service suspended, and then terminated. A service fee will be issued if after 5 days payment is made and service restored..</li><br>

<li>Service cancellations must be submitted from within the client area (https://www.sbhostingsolutions.com/clients/) prior to the end of the billing period for the service. Dedicated servers require 7 days notice of cancellation prior to the end of the billing period.</li><br>

<li>SB Hosting Solutions is not responsible for loss of data, the customer is responsible for backing up their own data.</li><br>

<li>Customer agrees to adhere to the Acceptable Use Policy.</li><br>

<li>Customer agrees to adhere to the Rules and Procedures.</li><br>

<li>Customer agrees not to engage in activity that violates federal (United States), state or local laws applicable to the service terms described herein.</li><br>

<li>SB Hosting Solutions reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, Rules and Procedures, and Terms of Services.</li><br>

<li>Customer agrees to indemnify and hold harmless SB Hosting Solutions and the employees and agents of SB Hosting Solutions against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, Losses) to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or customer's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.</li><br>

<li>SB Hosting Solutions SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF SB Hosting Solutions' SERVICES AND PRODUCTS BY SUBSCRIBER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS SB Hosting Solutions PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED SB Hosting Solutions DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SUBSCRIBER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND SB Hosting Solutions SHALL HAVE NO LIABILITY THEREFORE.</li><br>

<li>Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.</li><br>

<li>Notices. Unless otherwise specified herein, any notices or other communications required or permitted   hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of customer as set forth in the Service Descriptions or SB Hosting Solutions as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by facsimile, (iii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested.</li><br>

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SB Hosting Solutions
4965 U.S. Hwy 42, Suite 1000
Louisville, KY 40222
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<li>Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Kentucky, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
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