CITITOWERS SERVICE AGREEMENT

This Web Hosting Agreement (this "Agreement") sets forth the terms and conditions of your use of Cititowers, Inc., ("Cititowers") for web hosting services. You certify that you are at least 18 years of age. To become a Cititowers account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the Online Order forms and any policies that are or may be published by Cititowers. This Agreement will become effective when accepted by Cititowers. By posting notice 30 days in advance at a web page available on our web site (http://cititowers.net), Cititowers may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services.

Scope of Services and Your Obligations

This Agreement defines the terms and conditions of Cititowers services as offered by Cititowers and used by you, including the provision of web hosting services on Cititowers servers and connectivity to the Internet (the "Services"). Cititowers will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, Cititowers maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.

Cititowers reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. Cititowers  will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not Cititowers intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.

You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that Cititowers is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, Cititowers will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Cititowers has a policy of terminating accountholders who are copyright infringers. For more information,please visit the Copyright Infringement section of this Agreement.

Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on Cititowers servers nor the links to other websites are screened, approved, reviewed or endorsed by Cititowers. Cititowers is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not Cititowers  statements of advice, opinion or information.

Payment Policies, Fees, and Refunds:
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, three month, six month, one year, two years) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. Domain registration fees and setup fees are nonrefundable.

We do give refunds for full months unused, should you want to cancel prepaid service. If you decide to cancel after prepayment, you will not receive a refund for the current month in use (We do not give partial months refunds). If you have prepaid and received a multi-month discount, upon cancellation we will figure the refund retroactively withdrawing the discount back to the start date of the contract. This will result in paying full undiscounted price for the months used and refunding the balance. This only applies to cancellation by the client. If cancellation is done by Cititowers due to restrictions violation, there will be no refund. Cititowers  will only allow for the discount if cancellation is not the fault of the client, as determined by Cititowers..

Terms:
The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Texas (without regard to conflicts of laws principles).

Indemnification Policy:
You agree to use all Cititowers services and facilities at your own risk. Cititowers specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Cititowers be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD CITITOWERS HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY CITITOWERS. CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD CITITOWERS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS, CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST CITITOWERS, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITITOWERS AGAINST LIABILITIES ARISING OUT OF:

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Cititowers server;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer from Cititowers server.

Cititowers shall be the sole judge of what violates this Policy.

Account Cancellation:
 You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. Domain registration fees and setup fees are nonrefundable.

NOTE: Cititowers charges a $35.00 fee for returned checks as well as charge backs. For international customers, if you are sending a check/money order the amount must be drawn in US dollars. You may cancel at anytime. Phone requests will not constitute acceptance of any cancellation. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Clients Responsibility to secure email confirmation from Cititowers that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced.

If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations. All Cititowers accounts must be paid in full before the cancellation will be considered complete.

Transferring your domain to another provider or nonuse of your hosting account does not constitute canceling your account. You must notify Cititowers to formally cancel your account and avoid further charges.

Account Changes:
Most account maintenance issues can be handled in your Control Panel.  Simply access your control panel and click on "Account Maintenance".  If you need to cancel your account, please see our instructions for canceling an account. There is a one-time fee of $30 for replacing an existing account domain name with another domain name, whether from spelling error's) or other purposes. Please review this article prior to submitting a domain name change request.

Account Ownership:
Cititowers is only responsible to the present owner of the Web hosting space. We verify ownership by name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site.

If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to our servers. Once the Web site is published to our servers the account owner has retained ownership of that content.

Reporting Alleged Copyright Infringement

Cititowers, Inc. has designated an agent to receive notifications of alleged copyright infringement on our servers. If you believe your copyrighted work is being infringed on a Cititowers, Inc. server, please notify our copyright agent:
In notifying us of the alleged copyright infringement, please be sure to include the following information:

• a description of the copyrighted work that is the subject of the claimed infringement (if multiple works are being infringed at a single site, a representative list of such works at that site is adequate);
• a description of the infringing material and information sufficient to permit Cititowers to locate the material;
• contact information for you, including your address, telephone number and/or email address;
• a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law;
• a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and
• a physical or electronic signature of the copyright owner or a person authorized to act on its behalf.

Failure to include all of the above-listed information may result in a delay of the processing of your complaint. Cititowers, Inc. will terminate the online privileges of users who infringe the copyright of others.

Domain Registration/transfer:
It is your responsibility to verify that the registration of your domain name is complete. And, when the domain name registration comes up for renewal, the Domain Name Registration Company ordinarily will email the contact for your domain to remind you it will soon expire. If you do not keep your domain name's registration current, then the domain registration will expire and the domain would then become available for others to register. It is your responsibility to be certain that you keep your domain name registered. You can check the expiration date of your domain's registration here.

Email Policy:
Cititowers may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 25 email addresses or more than 10 news groups.

Client is responsible for keeping email storage on hosting account below 10 MB. This is normal for most accounts since email is typically downloaded from the server on a regular basis using an email client such as Outlook, Outlook Express or Eudora.

SPAM Policy:
Cititowers is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Cititowers network, by customers or any other users of the Cititowers network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Cititowers server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an Cititowers email address or web site URL is prohibited. The use of Cititowers servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of $500.

If you have any complaints or comments regarding Spam on our network, please direct them at to our staff here.

Content Policy:
All services provided by Cititowers may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law, or in violation of the laws of any country, is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, material that advocates or calls for the commission of crimes or civil harms to any person, group of people, corporation, country, or any entity, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Cititowers from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all Cititowers servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Cititowers will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Cititowers servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Warez sites

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.

Cititowers will be the sole arbiter as to what constitutes a violation of this provision.

CGI Scripts Policy:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other Cititowers customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed.

Chat Policy:
Cititowers allow chat rooms. You can however link your site to a chat provider. Some examples of chat providers are: www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com. or let Cititowers provide one if hosted by Cititowers.

Subhosting Policy:
Subhosting (hosting more than one web site with a single Cititowers user account) is generally not allowed on Cititowers servers. It is subject to Cititowers approval on case by case basis. We do, however, allow domain pointing. For more information, please refer to our compare plans page.

Traffic Policy:
Cititowers allows for very generous traffic, and most sites never exceed 4 G per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Cititowers customers are discouraged from storing any files that cause excessive traffic on Cititowers servers. Please contact Cititowers Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Cititowers or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

We reserve the right to charge additional fees for extremely high bandwidth sites (over 12 GB of transfer per month). This only includes .1% of our currently hosted web sites. We will not host web sites which contain adult material.

You will be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel, and you can have us notify you you when you are nearing your limit by going to Account Management in your Control Panel and setting up notification.

Backups:
Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content any information. The "Archive Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Cititowers, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Cititowers will attempt to recover the data from the most recent archive for a $50.00 fee.

Telephone Support:
Cititowers offer telephone support to clients. Client agrees not to abuse this resource. Abuse includes placing multiple repeat calls without leaving a message or leaving multiple messages in the same 24-hour period. Clients who abuse telephone support privileges may, at Provider's sole discretion, have telephone support privileges revoked and/or incur a charge of $5.00 per call.  Cititowers shall have sole authority to determine violations of this policy.

Privacy:
We use your IP address to help diagnose problems with our server, and to administer our Web site.

Our site uses an order form for customers to request information, products, and services. We collect visitor's contact information (like their email address) and financial information (like their account or credit card numbers). Contact information from the order form is used to generate accounts. The customer's contact information is also used to get in touch with the customer when necessary. Financial information that is collected is used to bill the user for products and services.

• Registration:
  In order to register for our service(s), the user is required to supply his / her Full Name, Company Name, Full Address, Phone Number, E-mail address, username, and domain name.
• To register for Web Hosting, the user must also supply a username, password and domain name. To use the Search Engine submission tool, the user must supply their domain name / URL.

Sharing of Information:
Web Site Source uses the above-described information to contact our clients in regards to changes in our services. Information that is collected is not shared with or sold to any third party, with the following exceptions:

Domain Registration - In order for Cititowers to register / modify domain names, the above information is submitted to Bulkregister.com or one of our other ICCAN-accredited domain registrars. Cititowers is not responsible for the privacy practices of those Web-Sites described above to whom which we must provide information.

This site does contain a small number of links to other sites. Cititowers is not responsible for the privacy practices or the content of such Web sites.

Uptime Guarantee:
If our servers are not up 99.9% of the time during your first 30 days of hosting we will gladly refund your hosting fees for the current month (setup fees and domain name registration fees are non-refundable).

Contact Us:
Contact us at info@cititowers.net  if your question was not answered in this Policy.

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           We do NOT host Adult (Pornographic) Websites.