The terms of use below constitute a legal agreement between you (The Customer) and DiscoverOwensboro.com (the Company). Your agreement to be bound by these terms is acknowledged by your use of the Company Services, Support Services and/or any software made available to you by the Company.

Customer should use all services provided by the Company for lawful purposes only. Customer agrees to maintain his/her website in full compliance with the terms listed below. If any part of the Customer's account is found to violate the Acceptable use policy below, the Company may take immediate corrective actions including immediate suspension or deletion, from the Customer's account without prior warning. Abuse of the acceptable use policy below may result in a warning, suspension or possible account termination with no refund. The Company has the right to decide what constitutes a violation of the terms below.

You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be spamming or Mail Bombing.

You agree not to make, attempt or allow any unauthorized access to the Company website, servers, your own hosting account or the account of any other customer of the Company.

You agree not to cause denial of service attacks, port scans or other endangering and invasive procedures against the Company servers and facilities or the servers and facilities of other network hosts or Internet users.

You agree not to forge the signature or other identifying mark or code of any other person or engage in any activity (including "spoofing") to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames)

You agree that you will not use the account provided by the Company for storing any data if it is copyrighted and you are not the owner of the copyright. This includes but is not limited to copyrighted music files, copyrighted video files, copyrighted software, etc.

contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property;

contain Illegal or Hacking/Phreaking Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);

The Customer agrees that the Company has the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. If no revision of the decision is requested by the Customer in 3 calendar days, the Company decision became binding and final.

The Customer has the right to request a revision of the Company decision for any resource abuse case only once. If this request is received by the Company in 3 calendar days, after the corrective action has been taken, the Company will revise the case including the additional information provide by the Customer. The decision of the Company in such a case is binding and final, and cannot be a subject of a further change.

The Customer understands and agrees that the Company can terminate each account that violates the terms of account resource use and cannot be responsible for data loss in such cases.

The Customer understands and agrees that in case of re-activating of a Customer's account suspended for violation of acceptable use policy a re-activation fee of $50.00 will be applied.

The Company will charge the customer the appropriate fee, depending on the Customer's order. The Customer chooses whether a domain name registration should be included in his/her account and the billing cycle for the account. For billing cycles shorter than one 6 months there is a one time non-refundable Set Up fee of $24.95.

The Company will charge the customer the appropriate fee, depending on the Customer's order. The Customer chooses how many accounts to be included in the Multiple Accounts order. Multiple Accounts fee is applied and should be paid on a per year basis.

All domain names that are registered by the Company are subject to the appropriate fees depending on the number of domains ordered, the registration period and the domain extension. Renewal fees are due for all such domains at the end of the pre-paid period. In case the renewal request of an additional domain name is received in more than 29 days after the expiration of the domain, during the domain name redemption period, the appropriate redemption fee should be paid by the Customer. Registration, renewal and redemption fees for such domain names are non-refundable.

The Company will register any domain name on behalf of the Customer with a registrar selected by the Company. Customer's rights to any domain name registration or renewal are not granted by the Company, but are granted by ICANN, the registrar and the applicable laws.

Each domain ordered by the customer is registered on behalf of the Customer and the Customer personal details are used for its registration, except for the contact email. The Company will register each domain name with a default Company email address to protect the Customer from receiving unwanted email messages. The Customer understands and agrees that unless he changes this email he may be unable to receive notifications related to his/her domain sent by the domain registration authorities. The Customer can change the Domain administrative email and manage his/her domain name registered or transferred to the Company through the Customer Area. The Customer can transfer the domain name registered by the Company to another domain name registrar at any time.

Associating domain names, which are not registered by or transferred to the Company, is done on the Customer's own risk. The Customer is solely responsible to use only domain names that are compatible with the service of the Company and to manage them in compliance with all legal and technical requirements. The Customer is solely responsible to keep the DNS settings of the external domains up to date.

The Company cannot be held liable for any faults in the domain names functionality or for any faults in the hosting, email or other services provided by the Company which result from a failure of the Customer to manage its external domain in compliance with all legal or technical requirements including but not limited to: wrong DNS servers setup, misspelled domain names, expired domain names, etc

The Customer can transfer a domain name to the Company. The domain transfer is possible only if the Customer ensures that all the requirements for the transfer are met. Some of the requirements include, but are not limited to:

The Company charges the appropriate fee for the domain transfer, depending on the domain name extension. The fee is one-time and is non-refundable. The Company cannot be held responsible if a domain transfer is not successful due to the clients' failure to meet all the domain transfer requirements. Renewal and redemption fees are applicable for any transferred domain in accordance with the Additional Domain Names Registered by the Company on Customerâ€™s Request terms.

Up to 5 Addon Domain Slots can be added to each Linux Shared account by the Customer. Addon Domain Slots allow having additional websites hosted on the Customer's main Linux Shared Hosting account. The Company will charge the customer the appropriate fee, depending on the number of the Addon Domain Slots ordered. The fee is applied and should be paid on a per year basis. The fee is non-refundable.

By choosing to host a website on an addon domain the Customer understand and agrees that each website hosted on an addon slot uses part of the resources of the main Linux Shared Hosting Account and that some limitations may apply to the management options for a website hosted on an addon slot, as compared to a website hosted on a separate account. These limitations include, but are not limited to: no separate CPanel is available for the websites hosted on addon slots; no parked domains can be created for websites hosted on addon slots; no free domain name registration is included in the addon domain slot fee; no transfer promotion benefits apply for the websites hosted on addon slots; etc.

The basic version of the SiteBuilder is included in the fee of the Customer's account. The Customer can upgrade the SiteBuilder version. The Company will charge the appropriate fee for the SiteBuilder upgrade. The fee is one-time and is non-refundable.

The SiteBuilder is a third party software and is provided on an as is as available basis. The Company does not guarantee that any specific results can be obtained by using the SiteBuilder. The Company does not take responsibility for any faults in the SiteBuilder functioning or accessibility.

Any service provided by the Company can be canceled by the Customer in accordance to the cancellation terms below. The cancellation becomes effective 5 business days after it has been received by the Company. If a renewal payment is billed by the Company after a cancellation request is received but before the cancellation becomes effective it will not be refunded.

A Linux Shared hosting account can only be canceled by contacting and receiving conformation of contact with the company.. The cancellation request process includes initiating a cancellation request and confirmation of the cancellation request. A cancellation request is received by the Company only after it has been confirmed by the Customer. The cancellation becomes effective at the time chosen by the Customer during the Cancellation process.

The Customer,s account will be suspended at the date when the cancellation becomes effective. A copy of the cancelled account will be kept by The Company for a maximum of 7 calendar days after the cancellation becomes effective. Each cancelled account will be terminated and deleted, and all of its backup copies, as well as any other information or data, associated with the account will be deleted from the Companys servers if more than 7 calendar days have passed after the cancellation has become effective. The Company cannot be held liable for loss of data due to account suspension or termination after the cancellation becomes effective.

The cancellation requested by the Customer has become effective in less than 30 days after the date of the initial payment for this account. Linux Shared Accounts cancellations that become effective in more than 30 days after the initial payment are not eligible for refund.

The Customer will be refunded the money s/he paid for the Linux shared hosting account(s) excluding the setup and processing fee of $24.95 per account. The setup and processing fee is always withheld in case of a refund, even if this fee was waived at the time of purchase.

If the Customer has registered a domain name during the initial hosting account order process the applicable domain name registration fee will be also withheld. The domain registrations fee is always withheld in case of a refund, even if this fee were waived at the time of purchase.

Any additional service and product service provided by the Company can be only canceled by the Customer with a cancellation request . The additional services and products fees are non refundable.

The Company may cancel any of its services immediately with no prior notice and with no refund, if the Company determines in good faith that Customer's use of the service violates the terms of use. The Company cannot be held liable for loss of data in case of such a cancellation.

The Company may also cancel any of its services, if the Company determines in good faith that this service has become impractical or unfeasible for any technical, legal, regulatory or other reason, by giving Customer as much prior notice as reasonably practicable.

The Company may also cancel the Linux Shared Hosting service used by the customer for any or no reason with a 3-day prior notice. After the 3-day period the Customer Account will be terminated and the Company will provide access to an archived backup copy of the Customers account content as of the termination date. The backup copies will be accessible for up to 3 calendar days. All backup copies, as well as any other information or data, associated with the account will be deleted from the Companys servers after the 3-day period for accessing the archived back up copy.

In case of Linux Hosting Account Cancellation by the Company for a reason different from violation by the Customer of the Terms of Use, the Company will issue a refund for all the months, for which the account is prepaid and will not be used by the Customer. The amount of the refund will be calculated by multiplying the number of the unused months by the pre-paid monthly price applicable for the Customers billing cycle. The Company will act in good faith to offer several options for receiving the refund; however it is the Customers sole responsibility to provide the needed information for receiving the refund.

Each Customer's account might be suspended on the expiration date if no renewal payment is received by the Company before this date. A copy of the expired account will be kept by The Company for a maximum of 7 calendar days after the expiration date. Each cancelled account will be terminated and deleted, and all of its backup copies, as well as any other information or data, associated with the account will be deleted from the Company's servers if more than 7 calendar days have passed after the expiration date and no renewal payment is made by the Customer. The Company cannot be held liable for loss of data due to account suspension or termination after the expiration date.

The Customer understands and agrees that his payment can be process either by the Company or by an authorized vendor of the Company. The Customer agrees to keep the Company and any of its vendors harmless of any fraud risks, ungrounded chargeback requests and other actions related to his/her payment that can influence negatively the standing of the Company or its vendors.

The Company reserves the right to verify each payment and the service will be provided only if the verification process is successfully completed. In case of failure of the verification process the service will not be provided and the payment will be refunded by the Company.

The Customer understands and agrees that during the verification process the Company or its vendors may contact the Customer and request additional information and documents from the Customer. It is the Customers sole responsibility to provide all the information required in order to verify the payment.

The Customer understands and agrees that the services provided by the Company can be canceled only by contacting the Company and in accordance with the Service Cancellation by the Customer terms. The Customer understands and agrees that the Company vendors can act only as an intermediary at the point of payment processing, but cannot be involved in any communication or be held liable by the customer in relation to a service provided by the Company.

If a payment is cancelled by the customer directly with a Company Vendor, the service provided by the company will be immediately terminated by the Company with no guarantees against data loss.

In case of a chargeback of the Customer's payment directly through the Credit Card authorities or in the case of a returned check, the service provided by the Company will be immediately terminated by the Company with no guarantees against data loss. In case the charge back is ungrounded the Customer is obliged to provide any assistance and documents needed to the Company for reversal of the chargeback in up to 2 business days. The Customer will also be liable to pay a $50 chargeback processing and handling fee. In case of failure by the customer to comply with Payment Chargeback policy the Company reserves the right to handle the case over to a Collection Agency for collecting the due payments by the Customer.

The Customer should use all recourses provided by The Company in a manner that does not endanger the quality of the overall server performance. Such resources include but are not limited to: Server Memory Usage, CPU usage, MySQL server usage, mail server usage, web server usage etc. Failure by the Customer to maintain his/her account in full compliance with the terms listed below may result in a warning, suspension or immediate account termination with no refund.

Customer's account monthly traffic is limited in accordance with the Customer's hosting plan. If the monthly traffic limit is reached before the end of the month the Customer's account will be suspended until the beginning of the next month. No traffic can be transferred from month to month.

Customer's account disk space is limited in accordance with the Customer's hosting plan. The maximum allowed space for shared Linux Hosting is 750,000 MB. The following disc space limitations for different file types are also applicable:

NO more than 5,000 MB of a Linux shared hosting account can be allocated to music, video or other multimedia files including but not limited to .avi, .mp3, .mpeg, .jpg, .gif files

NO more than 5,000 MB of a Linux shared hosting account can be allocated to any archive files and disk images files containing the complete contents and structure of a data storage medium. These files include but are not limited to .rar, .zip, .tar, .gzip, .iso, .nrg, .ccd, .img, .sub, bin/.cue files.

NO more than 5,000 MB of a Linux shared hosting account can be allocated to Executable files and all other files which are the result of compiling a program. These include but are not limited to .exe, .pdf, .psd files.

The Parked domain feature allows the Customer to have more than one domain names pointing at the same content as the primary domain of the account. The Customer should not use the Parked domain feature for pointing at other content using htaccess, php redirect or in any other way.

Each Customer's account is allowed to send a maximum of 400 emails per hour. Any account that exceeds this limitation is endangering the overall server performance.

Each email sent by the Customer should have NO more than 20 recipients. Sending a single email to more than 20 recipients simultaneously is endangering the overall server performance.

The use of email clients with IMAP protocol is allowed for mailboxes with a maximum size up to 100MB. Any use of IMAP with a bigger mailbox is endangering the overall server performance.

The use of email clients with POP3 protocol is allowed for mailboxes with a maximum size up to 100MB. Any use of POP3 with a bigger mailbox is endangering the overall server performance.

The Company allows up to 100 checks per hour for a POP3 mailbox. Any use of POP3 service to check a mailbox more often than 100 times per hour is endangering the overall server performance.

Customer should use the MySQL and Post-Gre database server resources in a way that does not endanger the quality of the overall server performance. A database that generates more than 10% of the database queries longer than 1 second at any given time endangers the overall server performance. The Customer is responsible to manage his/her database(s) so that it is in compliance with this policy.

The Customer account should NOT use more than 10% of the shared server CPU for a period longer than 5 seconds. Any account that is using more than 10% of the shared server CPU for more than 5 seconds is endangering the overall shared server performance.

The Customer account should NOT use more than 65MB of the server memory resources at any given time. Any account that is using more than 65 MB of the shared server memory is endangering the overall shared server performance.

The limitations listed below apply to each Customers account and failure by the Customer to comply with them will endanger the overall server performance:

The Customer agrees that the Company has the sole right to decide what constitutes a violation of the terms for resources use listed above as well as what is the appropriate severity of any corrective action to be applied. If no revision of the decision is requested by the Customer in 7 calendar days, the Company decision became binding and final.

The Customer understands and agrees that the Company can terminate each account that violates the terms of account resource use and cannot be responsible for data loss in such cases.

The Customer understands and agrees that in case of re-activating of a Customers account suspended for violation of terms of account resource a re-activation fee of $50.00 will be applied.

The Company configures the Linux Shared Hosting servers based on its best knowledge for optimal server performance. The Company can also make changes at the server configuration at any time without prior warning to the customer. This is done in good faith for achieving better server performance. The customer agrees that s/he will not be able to perform any activity from his/her account, which will be in conflict with the server configuration; as such activities are endangering the quality of the overall server performance.

The Customer is responsible for maintaining the confidentiality of all login information related to his/her account, Control Panel, FTP and other account management tools.

The Customer is responsible for maintaining the security and the integrity of all the software applications that s/he chooses to be uploaded and/or used on his/her account. The Company cannot and will not be liable for any loss or damage arising from security bridged in any such software and application.

The Customer agrees to immediately notify the Company of any unauthorized use of his/her password or account or any other breach of security and to ensure that s/he logouts at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.

The Customer is fully responsible for all activities that are performed through his/her account. The Company has the right to suspend or terminate any account, which does not comply with the terms of use, without prior notice and with no refund. The Company cannot and will not be liable for any loss or damage arising from account suspension or termination due to unacceptable use of the account, even if the Customer is not aware of and/or has not authorized such use.

The Customer is responsible not to engage in or to instigate actions that cause harm to the Company or other Customers. Such actions include, but are not limited to, actions resulting in blacklisting any of The Company IPs by the any online spam database, actions resulting in DOS attacks for any servers belonging to the Company, etc. Failure to comply with this policy may result in a penalty fee, warning, suspension or possible account termination with no refund. The Company has the right to decide in good faith which actions cause harm as well as the size of the penalty fee or the severity of any other corrective action to be applied. The decision of the Company in such case is binding and final, and cannot be a subject of a further change.

The Customer is solely responsible for the quality and performance of the Customer's account content uploaded by the Customer. Customer is also responsible to ensure that all aspects of the Customer's account content are compatible with the Company server's hardware and software. The specifications of the hardware and software are described in the Control panel (CPanel) for each account. It is Customer's responsibility to keep his/her content compatible at all times. The Company cannot and will not be responsible for any malfunctioning of the Customer's content or any damages to the Customer's content caused by failure of the Customer to keep his/her content compatible with the hardware and software used by the Company.

The Customer can use third party software on his/her account only if it is compatible with the Company servers and is approved by the Company. The Customer's use of any third party software is at the Customer's own risk. The Company cannot be responsible for any third party software performance.

Any assistance with third party software is provided by the Company only upon Customer's request. The Company may charge an additional fee for such assistance, depending on the nature of the work required.

The Customer is solely responsible for any license and other fees required by the software providers, for using any third part software installed on the Customer's account apart from the initial account setup.

The Company act in good faith to create a backup copy of each Customer's account once a week. However, these copies are intended for the Company internal use only. The Customer is solely responsible for making backup copies of his/her web site and content. The Company has no liability or obligation to create, store or provide any backup copy to the Customer website and other content. The Company cannot be and will not be liable for any damage, loss of data, loss of use or other loss occurring because of lack of a copy of Customer's website and other content or having an outdated back up copy of Customer's website and other content.

For annual downtime of more than 0.1% on the server(s), where the Customer's website is hosted, the Customer will receive compensation if all the conditions below are met:

The server (s), where the Customer hosting account is located, experiences a total downtime of more than 0.1% in a period of 12 months after the account activation or during any of the consecutive 12-month periods.

The reason(s) for the server downtime occurrence(s) were NOT beyond the Company influences, which include but is not limited to: DOS attacks, Internet connectivity problems, electricity outage, hardware failure, software failure and force majeur events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment relative to the server uptime, etc.

The Customer will be compensated with a credit equal to the fee he/she has paid for the hosting service pro rated by the number of hours in which the Service was interrupted because of the downtime.

The Company acts in good faith to provide email services in association with the Shared Linux hosting account of the Customer. However, the Company cannot be liable for loss of emails resulting from internal or external SPAM protection policies, software or hardware malfunctioning and other factors beyond the Company influence.

The Customer understands and agrees with the fact that the Company does not control and is not responsible for the content of data, scripts, or other information passing through the Company's host computers, network hubs and points of presence on the Internet. The Company cannot be liable for the content of any data transferred or stored by any customer or customer's customers via the services provided by the Company.

The Company Services are provided on an as is, as available basis and are used on the Customer's own risk. No warranties related to the Company services are made, including but not limited to warranties of merchantability or fitness for a particular purpose. The Company makes no warranties that its services will not be interrupted or will be error free. The Company does not guarantee that any specific results can be obtained by using its services. No kind of advice or information, written or oral, given by a Company,s employee, owner or agent can be viewed as a warranty of any kind. The Customer understands and agrees that the Company cannot compensate the Customer with a value exceeding the total price the Customer has paid for the Company services.

The Company reserves the right at its sole discretion to refuse or cancel service. Violation of any of the Company's Terms could result in a warning, suspension, or account termination.

In case of any lawsuit against The Company, resulting from a Customer's violation of law or the above Terms of Use the Customer will pay all damages, as well as attorney fees.