ENTIRE AGREEMENT; SERVICE AGREEMENT
HTTPCity shall provide its Services to You (the Reseller) and Your Hosting Clients (the Clients) under the Terms and Conditions of this Service Agreement. You and Your Clients will be referred to as the Customer or the Customers, for short. In some places you and your clients might be referred to simply as YOU. The Agreement is intended to keep the integrity of HTTPCity on the one hand, and that of the Customer on the other, thus protecting both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.

Along with the Order Form and any other documents or agreements explicitly specified in this Agreement, the Service Agreement constitutes the whole act of convention between HTTPCity and the Customer, thus being the most significant document of the newly-established relationship. In case that a court of competent jurisdiction considers that any of the Agreement's provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity.

Customer's side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state's law system. If a person represents the Customer for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement. You understand and agree that the Service is provided "AS-IS" and thatHTTPCity assumes no responsibility for the timeliness, deletion, failure to deliver or store any Customer communication or personalization settings.

SCRIPTING AND BANNED SCRIPTS
You are free to use any scripts you wish with the exception of those specifically prohibited below and provided they do not affect the servers’ normal operation and are not mentioned specifically below.

Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, HTTPCity reserves the right to disable the account pending client cooperation and resolution.

OPTIONAL SERVICES
WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. BIG RESOURCES, INC. ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. Big Resources, Inc. REJECTS ANY IMPLIED WARRANTIES. ANY OF BIG RESOURCES INC.'S EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY BIG RESOURCES, INC., INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.

SERVICE GUARANTEES
99.5% Network Uptime Guarantee
Big Resources, Inc. guarantees that your website will be up and running at least 99.5% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. However, we cannot be held responsible for upstream problems outside of our network and areas where Big Resources, Inc.. has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Registrar problems with subscribers’ domain names, routing problems between clients’ location and our data center. The uptime guarantee is also not applicable if the service interruption was caused by any natural or unnatural events that Big Resources, Inc.. cannot directly influence. Big Resources, Inc.. may temporarily deny or terminate service upon clients’ failure to pay their charges when due.

Scheduled Downtime is any scheduled interruption of services for the purpose of network upgrades, or replacement of any equipment in order to provide a better service for you. Scheduled downtime occurs during notified downtime periods, with as many warnings sent in advance as possible via e-mail or posted on our news section at a minimum 24-hour notice.

SERVER USAGE & HOSTED CONTENT

WARRANTIES AND REPRESENTATIONS
HTTPCity provides hosting services on an "as is" and "as available" basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers' hosting with HTTPCity confronts with service interruption issues.

Client Content, Backups and Data Loss

Big Resources, Inc. performs backups of client content at regular intervals and makes every effort to insure that these backups are valid.  However, Big Resources, Inc. assumes no liability for any information published to any server including all customer web site content, related files, backup files, databases or mail belonging to any customer hosted at HTTPCity.com. Backup arrangements for client content for any frequency other than the standard backup frequency must be made by written contract and acceptance by HTTPCity.com and any such contract will be subject to premium monthly charges.

Big Resources, Inc. assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered from the most recent backups.
Access to client content is provided to all customers at any time. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on HTTPCity.com’s Servers, or of any database maintained on any server operated by HTTPCity.com in the event HTTPCity.com is unable to restore customer content from backups.

NO UNLAWFUL OR PROHIBITED USE
As a condition for your and your clients’ use of the HTTPCity Services, neither you nor your clients might use the HTTPCity Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any HTTPCityl Services, other accounts, computer systems or networks connected to any HTTPCity Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the HTTPCity Services.

HTTPCity reserves the right at all times to disclose any information as HTTPCity deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at HTTPCity’s sole discretion.

HTTPCity is within the capacity to refuse service to unlawful parties. HTTPCity servers can be used explicitly for legal purposes only and each attempt for taking indecent advantage of the servers inconsistent with the rules will be immediately rejected. In this light, HTTPCity expressly forbids any breach of Federal, State or Local regulation, including, but not limited to the transmission of: copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets.

THIRD PARTY
Any dealings with third parties (including advertisers) included within the HTTPCity Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. HTTPCity shall not be responsible or liable for any part of any such dealings or promotions.

TERMINATION
You agree that HTTPCity at its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.

SERVICE DENIAL
HTTPCity reserves the right to reject its service and terminate this agreement for a certain period of time or indefinitely upon customers' failure to pay. The customer then is considered a debtor to HTTPCity and liable for reasonable interest and collection fees.

YOUR RESPONSIBILITIES
You are solely responsible for the content of your messages. Using the HTTPCity Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.

TORTUROUS CONDUCT
Any case of indecent treatment towards a HTTPCity employee will be considered inappropriate. Each Customer is anticipated to conduct a professionally mannered communication with HTTPCity’s employees regarding any requests for help through e-mail or by means of the Ticket Desk Support System. Each Customer should avoid applying any forms of written emotional outburst or cursing. Any attempts of deliberately undermining behavior will be interpreted as a breach of this TOS.

SPAMMING IS PROHIBITED
We will determine at our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:

NEWS RELEASES
Forward Looking Statements: these refer to any predications within this website that are not based on objective facts and express expectations with regard to forthcoming events. Such statements cannot be treated as reality-based because it is possible that they happen to deviate from actual circumstances. Forward Looking Statements can be recognized by the availability of indicative words such as "believes", “anticipates," "plans," "may," "hopes," "can," "will," "expects," "is designed to," "with the intent," "potential". However, their availability is not a compulsory requirement for a forward-looking statement to be treated as such.

FORCE MAJEURE CIRCUMSTANCES
HTTPCityl will be in a non-liability position with regard to the failure or delay in doing its professional duties as a consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, acts of God, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.

COPYRIGHTS
Copyrighted material must not be placed on Customers' accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account.

ABUSE
Any attempts to undermine, slander, libel, threaten, or cause harm to a HTTPCity server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

ASSIGNMENT
The Customer shall not have the right to assign this Agreement without HTTPCity’s written permission. This Agreement shall be in force and effect to the total benefit of the Customer and HTTPCity and their successors and permitted assigns.