1.2 Topuse Server is a web presence provider allowing Client's web site to be reachable via Client's domain name (i.e. theirname.com), or by anyone with access to a web browser connected to the Internet. Topuse Server provides the disk space in which the files composing Client's web site reside and a connection capable of transmitting said files to End User.

2.0 Ordering
2.1 Please read the following Terms of Service, AUP and SLA agreement before proceeding. By ordering any package, you agree to all the policies listed. If you do not agree with these policies, you cannot order. These policies are to protect the best interest of our customers as a whole.

2.2 Topuse Server handles the registration process for Client's requested domain name. Client agrees to pay Topuse Server for the domain charges for the amount stated in the hosting plans.

3.0 Charges Agreement
3 .1 Client understands that each purchase will appear in Bill statement under the name of reseller and that should client encounter any problem with the billing or order client should contact reseller billing department first then Topuse.

3.2 Should client uses more than specified resources; such as web space, data transfer, sub domain, ftp account, mailing list, pop account, mySQL Database; client agrees to pay the bill sent by reseller for the amount listed at www.topuse.com.
3.2.1 All payment must be by bank cheque/draf on reseller name.

3.3 Topuse Server reserves the right to refuse, suspend, or cancel service of non receipt of payment.

3.4 All payment to Topuse Server are non-refundable this includes one time setup fees and other subsequent charges regardless of usage.

3.5 Payments that are not collectable by Topuse Server will be turned over to collection agencies and clients agrees to pay the agency any fees incurred.

3.6 CLIENT may cancel account with Topuse Server and be removed from billing, thereby stopping all future charges. Should Client decide to cancel the account, notice should be made 10 days before the account is due. Should Client fail to make an advance notice; Topuse Server reserves the right to charge the client for the next payment.

4.0 Indemnification
4.1 Client agrees that he/she will defend, indemnify, and hold harmless Topuse Server from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against Topuse Server, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.

4.2 Topuse Server assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, subcontractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.

5.0 Disclaimer
5.1 Topuse Server will not be held responsible for any damages you or your business may suffer.

5.2 Topuse Server makes no warranties of any kind, expressed or implied, for services rendered.

5.3 Topuse Server disclaims any warranty, merchantability, or fitness for a particular purpose.

5.4 Topuse Server assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature or force nature.

5.5 Topuse Server will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from Topuse Server.

6.0 Policies Terms
6.1 The term of this Agreement will continue until a notice of cancellation by Topuse Server or Client is given, or until terminated under other provisions of this Agreement. Topuse Server reserves the right to terminate this Agreement without cause upon notification to the Client.

6.2 Topuse Server may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by Topuse Server to implement this Agreement is disrupted or terminated for any reason.

7.0 Presumption of Agreement
7.1 By signing up with Topuse Server, be it using Topuse online sign up form or contacting in any way an employee, officer, agent, and director with request for Topuse Server to provide Client services, Client (1) agrees to complete the payment form sent by Topuse Server in order to setup Client's account, and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law.

8.0 Default
8.1 In the event Client defaults in any provision or fails to perform pursuant to this Agreement, Topuse Server will be entitled to damages, costs, and attorney's fees from the Client.

9.0 Invalid or Non-enforceable provisions
9.1 The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.

10.0 Choice of Law/Venue
10.1 This Agreement will be construed and enforced in accordance with the laws of the State of WA and the venue for any action, dispute or proceeding with respect to this Agreement will be WA.

11.0 Captions
11.1 The captions in this Agreement are for convenience only and will not be used in interpreting, construing, performing or enforcing this Agreement.

12.0 Amendments and Modifications
12.1 Topuse Server may make amendments or modifications to this Agreement at any time. Whenever practical.