As an internet service provider, Tranquil Hosting provides internet web hosting, consultation, and associated services to its customers. Web hosting and its associated services is provided to customers by the use of hardware and software operated, owned and/or leased by Tranquil Hosting.

The Customer's request for services and this Agreement constitute a legal and binding contract between Tranquil Hosting and the Customer and does not extend to any other person or entity.

With respect to the services to be provided herein, the Customer acknowledges that Tranquil Hosting makes absolutely no warranties whatsoever, express or implied. The Customer agrees that Tranquil Hosting shall not be liable to the Customer for any claims, damages, or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of, or in relation to, the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.

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

The Customer may only use Tranquil Hosting's services for lawful purposes. In the event that at any given time, Tranquil Hosting believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, Tranquil Hosting has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are prohibited uses and shall be cause for the immediate termination of web services and this Agreement without notice or refund to the Customer:

• a. Unauthorized distribution or copying copyrighted software and files, violation of US export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities. Tranquil Hosting reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
  
• b. Hosting, distributing, or creating pornography.
  
• c. Internet Abuse including, but not limited to, using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user) , trolling (posting outrageous messages to generate numerous responses), mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, or attempting without authorization to enter into a secured computer system. Tranquil Hosting reserves the right at its discretion to determine what is Internet Abuse.
  
• d. Unsolicited advertising via email and/or "Spamming" is a violation of laws and is otherwise a violation of this agreement. This includes referencing domains hosted on Tranquil Hosting servers in said spam. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. Tranquil Hosting reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
  
• e. Tortuous conduct such as posting of defamatory, libelous, slanderous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights.
  
• f. Any other misuses of the system resources, such as employing posts or programs which consume excessive CPU time or storage space, permitting use of mailservers, mail forwarding capabilities, POP accounts, or autoresponders other than for the Customer's accounts, or resale of access to CGI scripts installed on our servers.
  
• g. Attempting without authorization to enter into a secured computer system. Malicious hacking, cracking or otherwise altering of a site owned and operated by another person. Tranquil Hosting reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
  
• h. CGI script sharing with other domains is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
  

In the event that Tranquil Hosting may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, Tranquil Hosting may immediately discontinue such service to the Customer without liability. This will include failure to pay, illegal activities and/or Internet Abuse.

The Restrictive Use policies specifically prohibit the Customer's use of Tranquil Hosting services for illegal activity. Therefore, Tranquil Hosting 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, Tranquil Hosting shall have the right to terminate all services at the request of any law enforcement agent.

This Terms of Service constitutes the entire Agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

This Agreement shall be governed by the laws of the State of North Carolina in the United States of America. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in Wake County, North Carolina.