Mochabomb provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

All services provided by Mochabomb are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Mochabomb from any claims resulting from the subscriber's use of Mochabomb's services which damages the subscriber or any other party.

Examples of prohibited content or links include (but are not limited to):

• IRC Software
• Pornography/Adult content
• Gambling sites
• Pirated software
• Hacking programs or archives
• Warez Sites
• Distribution of music, video or media files or any other material in which the account holder does not own the copyright.

Mochabomb will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

• Adult Content - Pornographic video, pictures, chat or any other related content.
• IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.
• Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
• Port Scanning - We do not allow any kind of port scanning to be done on or from our servers or network.

• Commercial Advertising - Email Spamming, i.e. the sending of unsolicited email, from any Mochabomb server or any server located on the Mochabomb network is STRICTLY prohibited. Mochabomb will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin / Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at Mochabomb. In addition to termination of any account found to be in violation there will also be a $100 penalty fine applied for every valid spam complaint processed by Mochabomb staff. IP Clean up fee of $500 per IP listed on any blacklist database.

• Running Unconfirmed Mailing Lists Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Mochabomb customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Mochabomb .-hosted domain, or referencing any Mochabomb account, is prohibited.
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
• Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
• Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

Server Abuse - Any attempts to undermine or cause harm to a Mochabomb server or subscriber of Mochabomb is strictly prohibited including, but not limited to:

• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others. All sub-networks of Mochabomb. and all types of servers must agree to the above policies.

Bandwidth Measurement and Overage Fees:
All bandwidth listings consist of the sum of incoming and outgoing bandwidth allowance. Incoming and outgoing bandwidth allowances are calculated on a 50/50 split of incoming to outgoing bandwidth based on the total bandwidth, therefore the incoming and outgoing bandwidth allowances are each half of the total listed bandwidth. Any bandwidth usage exceeding either the incoming or outgoing bandwidth total will be billed at the rate of $1.50 per GB over.

Dedicated Server Support:
Basic support and maintenance of dedicated servers is provided at the discretion of Mochabomb. In the case of erroneous instances or support issues extending beyond what we determine to be within the realm of reasonable assistance, support is priced as follows:

* 1 Hour for $100
* 2 Hours for $75 per hour
* 3 Hours for $50 per hour
* More than 3 hours is $50 per hour

Scheduled Maintenance and Downtime:
Mochabomb will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Mochabomb's control or which are not reasonably foreseeable by Mochabomb including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Mochabomb will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Mochabomb has no responsibility for downtime resulting from a user's actions. Also, the 99% network uptime guarantee does not apply for shared accounts.

Payment Terms:
Credit Card Users:
If you make payments via credit card you are required to have the following items on file:
1. Credit Card Authorization Form
2. Photo copy (front and back) of valid ID.
(New clients have 72 hours to fax or email a **viewable copy**. Mochabomb reserves the right to suspend or cancel services until these items are received.)

Paypal Users:
Should you wish to cancel, please log-into your paypal account and cancel your subscription. Once cancelled, your server will be shut down within 24 hours or less. To keep your server active until the end of your payment renewal date, please cancel your server a day before the Paypal renewal. Mochabomb will not refund subscriptions cancelled prior to the renewal date. Mochabomb reserves the right to suspend or cancel services due to non-payment.

Note:
Mochabomb understands the inconvenience these changes may cause. In order to continue providing low prices and quality services, we must attempt to reduce fraud levels or eliminate them entirely.

Refunds:
Refunds will be posted for FULL months only, with the exception of plans including a 30 day money back guarantee (shared hosting only), Dedicated servers are not included for the 30 Day Money Back Guarantee. Notice of cancellation must be given before the month in question begins. Setup fee is NON refundable. $14.95 will be deducted from the money refunded if the user's domain was registered via Mochabomb.'s free domain registration method.

* Any violation of Mochabomb.'s Terms of Service Agreement shall result in no refund.

* Account Setup, Termination, and Billing:

The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle. Billing dates are on the first and 15th of every month.

Check Orders:

Accounts for subscribers who wish to pay by check will be setup when the check is received by Mochabomb.

Disabling of accounts due to overdue payment:

Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

Termination of accounts due to overdue payment:

If the account is not paid within 20 days of the invoice date, the account will be terminated and all information within the account will be deleted.

Cancellation Procedure:

Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

Courtesy Services for Customers:
All services such as backup and CP are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. Mochabomb. is not responsible for lost data or for lost data due to third party software that is not maintained by Mochabomb. programming staff.

Limitation of Damages:
Recovery of damages from Mochabomb may not exceed the amount of fees it has collected on the account.

General:
Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and Mochabomb.
By opening an account, the subscriber agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and change by Mochabomb. administrators without prior notice.
All prices, with the exception of the 30-day money back guarantee, are nonrefundable and non-negotiable.
The 30-day money back guarantee does not pertain to Full Dedicated server plans.
Any violation of these Terms of Service will result in termination of the account. Mochabomb maintains the right to terminate accounts without prior notification.

You understand content is owned by you and is your responsibility, not ours. You agree to hold Mochabomb not responsible for any and all data loss, corruption, or the like. Additionally you understand Mochabomb is not responsible for any loss you incur from the use of our services.

________________________________________________________________________________________

________________________________________________________________________________________

__________________________________ __________________________________