Whatnott.com ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Whatnott's Service constitutes acceptance and agreement to Whatnott's AUP as well as Whatnott's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Whatnott Technologies, LLC (Whatnott.com). and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Ohio, county of Franklin applicable to contracts enforceable in that state. Venue will be Franklin County, Ohio.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Whatnott.com shall have the right to terminate all service set forth in this Agreement.

WE DO NOT ALLOW ADULT SITES ON OUR NETWORK.

Payments and Fees: Service will be interrupted on accounts that reach 14 days past due. Service interrupted for nonpayment is subject to a $10 reconnect charge (individual hosting accounts). Dedicated servers that are suspended are subject to a $100 reconnection fee. Accounts not paid by due date are subject to a $10.00 late fee. Accounts that are not collectable by Whatnott.com may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation: All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and e-mail sent to cancel@whatnott.com. You must have all account information to cancel. Cancel requests may also be made from within your client area.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 1 business day. Due to unforeseen complications, however, this process may sometimes require up to 2 business days.

Transfer of Domains: If you select transfer domain it DOES NOT mean you will switch from your current registrar to ours. It means you will be using a domain you have registered elswhere and will transfer the hosting services. You will keep the domain where you registered it unless you give us permission to move the domain registration to us. In that case please send an email to sales@whatnott.com

Support Boundaries: Whatnott.com, provides 24 x 7 e-mail, online technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Whatnott.com provides support related to your server or virtual site physical functioning. Whatnott.com does not offer tech support for application specific issues such as CGI programming, html or any other such issue. Whatnott.com does not provide technical support for YOUR customers. If you can e-mail, we encourage you to e-mail support@whatnott.com. If you are able to get online and have other questions, the answers may be on our home page at http://support.whatnott.com - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support.

SPAM and Unsolicited Commercial E-mail (UCE): Whatnott.com takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of Whatnott.com may not use or permit others to use our network to transact in UCE. Customers of Whatnott.com may not host, or permit hosting of sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of Whatnott's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Whatnott.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, Whatnott.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Whatnott.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Whatnott.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Whatnott.com will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $50 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $100 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $75 per hour that Whatnott.com personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Customers are ultimately responsible for the actions of their clients over the Whatnott.com network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Network

IP Address Ownership: If Whatnott.com assigns a Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Whatnott.com, and Customer shall have no right to use that Internet Protocol address except as permitted by Whatnott.com in its sole discretion in connection with the Services, during the term of this Agreement. Whatnott.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Whatnott.com, and Whatnott.com reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. Whatnott.com will monitor Customer's bandwidth and disk usage. Whatnott.com shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services or termination of this Agreement, which actions may be taken is in Whatnott.com sole and absolute discretion. If Whatnott.com takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Whatnott.com may, at its sole discretion, collect a deposit, in an amount determined by Whatnott.com, against customer's credit card on file with Whatnott.com's credit card processor.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the Whatnott.com Network. Violations of system or network security may result in civil or criminal liability. Whatnott.com will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.

Taking any action in order to obtain services to which such User is not entitled.
Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations. Each hosting package purchased is unique to a domain name and use - please do not purchase multiple "plan 1's" for instance to get the combined bandwidth & space. Whatnott.com will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.

Suspension of Service or Cancellation: Whatnott.com reserves the right to suspend network access to any customer if in the judgment of the Whatnott.com network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Whatnott.com chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. We offer a 30 day money back guarantee providing we failed to provide you with the service as outlined for each individual hosting plan. However setup fee's are non refundable under any cicumstances. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Whatnott.com takes no responsibility for any material input by others and not posted to the Whatnott.com Network by Whatnott.com. Whatnott.com is not responsible for the content of any other websites linked to the Whatnott.com Network; links are provided as Internet navigation tools only. Whatnott.com disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

Whatnott.com is not responsible for any damages your business may suffer. Whatnott.com does not make implied or written warranties for any of our services. Whatnott.com denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Whatnott.com.

Responsibility for Content: You, as a Whatnott.com customer, are solely responsible for the content stored on and served by your Whatnott.com server. This includes making backups of your content on a regular basis. It is strongly recommended that you make backups at least once a week or any time you update the content. While Whatnott.com servers are very reliable, no system is fool proof. This is why we highly recommend making frequent backups.

Whatnott.com makes backups of all accounts nightly, weekly and monthly to ensure we have the most current content of your website. Should you need to use these backups to replace content on your site at no fault of the Whatnott.com network or service, there will be a $20.00 charge to your account.

Whatnott.com is not a web design company. YOU as a customer must have a basic understanding of creating and maintaining your web pages and uploding them to the server.

Acceptable Use Policy (AUP)