Guarantee and Terms of Service:

The following Entities are used in the Service Contract and are defined as follows: 

"Provider": Grumpy and Happy Enterprises:
"Client": The person or entity who is requesting Web Services.

The Provider agrees to provide, and Client agrees to receive, access to their Web Hosting services according to the following terms and conditions: 

1. The Provider reserves the right, in its sole discretion, to deactivate the Client's accounts upon an indication of credit problems including delinquent payments, or compromise of system integrity be it malicious, unintentional in nature or participation in illegal activities.. The Provider reserves the right to terminate any account at its discretion at anytime. Any account terminated at our discretion will receive a prorated refund of unused hosting term. We will provide 7 days notice to any client that we deem necessary to terminate their account.

2. The Provider is not responsible for any damages arising from the Client's use of the Provider or by the Client's inability to use their Web Hosting services for any reason. 

3. The Provider shall make weekly off site backups but will not guarantee the contents for accuracy. A backup is made available per your request at any time in a zip file format you can download or it can be emailed to you. Retention of backups is the customers responsibility. We try to make them available to you and you should utilize such availability.

4. The Client hereby agrees that any material submitted for publication and accessibility on the Provider's servers will not violate or infringe on any copyright, trademark, patent, common law or proprietary rights of others or contain anything libelous or harmful. This includes any materials to facilitate violations by others. Any potential illegal activity may be cause for immediate deactivation without warning by the Provider and the Client hereby agrees to indemnify and hold harmless the Provider for any claim resulting from the submission of stated materials. 

5. The Client also hereby agrees that any and all material presented for publication on the Provider's hosting accounts or servers will not contain any of the following content:

Pornography, obscenity, nudity, violations of privacy, harassing or harmful materials to individuals, computer viruses, materials or uses which could be considered abusive, slander, libelous, and unethical uses of the Client's account or the Provider's hosting services. The Client hereby agrees to indemnify and hold harmless the Provider from any claim resulting from the publication of materials or the use of those materials. The Provider may deactivate with out any notice to the Client, such accounts that are are deemed in provider's sole discretion a violation of these terms of service.

6. In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed. 

7. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. This includes, and is not limited to bulk mailing lists which affect machine performance. The Provider reserves the right to deactivate the Client's accounts upon an indication of such activity. The Client hereby agrees to indemnify and hold harmless the Provider from any claim resulting from the Client's or another party's use of electronic mail services on the Client's accounts. 

8. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. The Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or what the Client may utilize.