Tightweb Communications - Hosting Services Division

By submitting the online order form, Subscriber hereby agrees to the following:

- In consideration for hosting services to be delivered, Subscriber agrees to be bound to the following terms:   - Subscriber agrees to pay for hosting services rendered in advance of each monthly service term.   - Subscriber agrees to be bound by the service term selected on the online order form or via applicable promotional codes.   - Subscriber agrees to a no-refund policy after the 30 days Money Back Guarantee, in advance. Setup fees (when applicable) and monthly service fees (when applicable) are non-refundable.   - Non-Payment of services shall result in a 10-day notice of disconnection. All payment failures must be cured within 10 days of notice. Subscribers failing to secure payment within 10 days of notice will incur service interruption.   - Service Cancellations must be submitted to cancel@tightweb.net at least 7 days before the end of the month.  

 - Tightweb is not responsible for data integrity on equipment reclaimed for non-payment.   - Nebraska residents agree to pay all taxes applicable to your account.

- Subscriber agrees to adhere to the Tightweb Acceptable Use Policy.

- Subscriber agrees not to engage in activity that violates federal (United States), state (Nebraska) or local (Omaha, Nebraska) laws applicable to the service terms described herein.

- Tightweb Communications 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, Data Center Rules and Procedures, and Terms of Services.

- Subscriber agrees to indemnify and hold harmless Tightweb Communications and the employees and agents of Tightweb Communications 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 Subscriber'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.

- TIGHTWEB COMMUNICATIONS 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 THE TIGHTWEB COMMUNICATION'S SERVICES AND PRODUCTS BY SUBSCRIBER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS TIGHTWEB COMMUNICATION PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED TIGHTWEB COMMUNICATION 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 TIGHTWEB COMMUNICATIONS SHALL HAVE NO LIABILITY THEREFORE.

- Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT 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.

- 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 Subscriber as set forth in the Service Descriptions or Tightweb Communications 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.

- Tightweb Communications
    2421 'O' Street
    Omaha, Nebraska
    Attention Hosting Services Division
    Omaha, Nebraska 68107 , USA
    Facsimile Number (402) 734-0104

- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.