Use of Total Online Solutions Service constitutes acceptance and agreement to Total Online Solutions AUP (Acceptable Use Policy) as well as Total Online Solutions TOS (Terms of Service). From herewith in this TOS, AUP, and , the usage of "us", "we", "our", and "ours" shall constitute reference to Total Online Solutions, and the usage of "you", "your", "they", and "them" shall refer to client / customer of Total Online Solutions.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Total Online Solutions, that you are agreeing to our TOS, AUP, and SLA. No modifications of said contract by customer are allowed.

2. Total Online Solutions will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service and service fees have been communicated to the customer, and that he/she is aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay Total Online Solutions any additional fees as specified in the Service Description. If you do not pay, Total Online Solutions will suspend your account until payment is received.

Payment:
Establishment of this service is contingent upon receipt of payment from Customer to Total Online Solutions. Subsequent payments are due on the anniversary date of the term selected for that term's service, unless customer requests all payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account will be prorated to the primary hosting account's recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Payments and Fees:
Payment is due on the defined monthly or selected term recurring billing date of each month or selected term. Total Online Solutions, Inc. retains the right to auto charge client's credit card on file on each hosting term due date. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for non-payment is subject to a $25.00 reconnect charge. Accounts not paid by due date are subject to a $5.00 late fee.

Delinquent Accounts:
Total Online Solutions may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Account Cancellation:
All requests for cancelling any service / services must be made in writing via the helpdesk with at least 10 days notice but not more than 60 days notice prior to your renew date. Confirmation of cancellation will be made within 24 hours.

Refunds and Disputes:
All payments to Total Online Solutions are non-refundable after Customer's money-back guarantee period. (Customer's 30 day money-back guarantee period includes customer's first hosting order with Total Online Solutions, Inc. Subsequent hosting orders will not be covered by our money-back guarantee.) This includes any setup fees and monthly fees, regardless of usage. All billing disputes must be reported via the support department (helpdesk) within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, as well as reconnection fees to restore the desired service.

Network uptime is the total time in a calendar month that Total Online Solutions network is available through the Internet, provided that Client has established connectivity. Total Online Solutions takes responsibility for network availability within our network, however, we cannot be held liable for upstream problems (problems outside of our network.) Our guarantee is that our Network will be available to clients free of network outages for 99.5% of each calendar month.

Unscheduled downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled "Network Uptime" above. A network outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Total Online Solutions Network as confirmed by Total Online Solutions. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month. Our 99.5% network uptime guarantee does not cover web/database server hardware or software failures, scheduled maintenance downtime, or other exceptions as listed below.

Scheduled Downtime is any scheduled interruption of Services, either for the purpose of network upgrades, or for the replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail. A minimum of 24 hours' notice will be provided.

You may apply for a SLA Network Violation Credit when our network uptime guarantee is not met. Total Online Solutions will refund you 5% of your monthly fee for each hour of downtime (up to 100% of your monthly fee) for network downtime. Network downtime is measured from the time the network is 100% unreachable until service is once again restored. In order to request a network violation credit, you must email our sales department at support@tosolutions.net. SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST.

Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:

• Scheduled maintenance downtime
• Server Operating System (including all software that is part of the OS) bugs or failures realted to Operating System design
• Cpanel/WHM bugs or failures related to Cpanel software design
• Problems outside of Total Online Solutions network (upstream providers, or client's inbound connection) not affecting 100% loss to our network
• Interruptions or failure of individual service caused by client, their employees, client's customers, etc. to their service. These include inaccurate configuration, third-party software, client abuse or over-utilization of resources, hacked servers, attacks, exploits, or server hardware failures.