HostBooks is an online accounting and finance management service designed for small businesses. Below mentioned terms and conditions will explain HostBooks obligations as a service provider and user obligations as a customer.

Please read these terms and condition thoroughly before subscribing HostBooks services.

These terms are applicable on any use of the HostBooks services and apply to users from the time that HostBooks provides user with access to the HostBooks services.

We at HostBooks stays in permanent beta and our services will evolve over time based on the users’ feedback to get hassle out of accounting and compliance. Here, we are trying to cover most of the points involves using HostBooks services but still these terms cannot answer every question or address every issue raised by the users while using HostBooks services. HostBooks reserves the right to change/alter/amend/modify/delete/re-phrase these terms at any time, effective upon the posting of change/alter/amend/modify/delete/re-phrase terms and HostBooks will make every effort to communicate these changes to the users the website or via email or notification as the case may be required. It is likely the terms of use will change/alter/amend/modify/delete/re-phrase over time. It is users obligation to ensure that they have read, understood and agree to the most recent terms available on the website.

By subscribing the services, the users acknowledge and accept that they have read and understood these terms and have the authority to act on behalf of any person for whom they are using the service. Users are deemed to have agreed to these terms on behalf of any entity for whom you use the service.

1. 1. Definitions

"Agreement” means these terms and condition mentioned herein including the recent change/alter/amend/modify/delete/re-phrase time to time for use of HostBooks services.

"Access Charge or Fee” refers to the monthly/annually/ and or any other periodic charge fee, and or as the case may be specific to any specific service or product, payable by the users for use of the services and products or any ancillaries in accordance with the Pricing Schedule but exclusive of any taxes and duties as may be applicable time to time.

"Confidential Information” includes all the information shared or exchanged between the HostBooks and users, whether orally, in writing or electronically including the service but does not includes the information which is, or becomes, publicly available other than through un-authorised disclosure by the any other party.

"Data" means any data inputted by users or with users authority into the HostBooks website or platform.

“Price Schedule" means the information relating to subscriptions and pricing written on the HostBooks subscriptions and billing pages on the website, or any other page(s) on the website notified by HostBooks, which may be updated or amended by HostBooks from time to time. It shall also include any additional pricing schedule agreed upon mutually or predetermined for any service or product specific to any specific customer requirement.

"Intellectual Property Right" means any trademark, patent, service mark, copyright, design, know-how and or any other intellectual property rights, advertorials, videos, communications, SOP’s, certifications, contributions,  whether registered or not anywhere in the world.

"Service" means the accounting and financial management services made available through HostBooks website or any service or product specific to any specific customer requirement.

"Website" means the Hosted Internet website at the domain www.HostBooks.com or any other site operated by HostBooks from time to time.

“HostBooks” and all current and future holding or subsidiaries of HostBooks, including without limitation.

"Invited User" means any person and or entity, other than the subscriber, that uses the HostBooks service with the authorization of the subscriber from time to time.

"Subscriber" means the person who is or intend to register for use of HostBooks service, and includes any entity on whose behalf that person registers to use the HostBooks service.

“Users” means the Subscriber, and where the context permits, an Invited User.

2. 2. Use of Software

HostBooks allows user the right to access and use the services through the website with the particular user roles available to users according to their subscription type. This right is non-transferable, non-exclusive and limited by and subject to this Agreement. User acknowledge and agree that, subject to any applicable written agreement between the subscriber and the invited users, or any other applicable laws:

I). the subscriber determines who is an invited user and what level of user role access to the relevant organization and service that invited user has;

II). the subscriber is responsible for all invited users’ use of the service;

III). the subscriber controls each invited user’s level of access to the relevant organization and service at all times and can revoke or change an invited user’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an invited user or shall have that different level of access, as the case may be;

IV). if there is any dispute between a subscriber and an invited user regarding access to any organization or service, the subscriber shall decide what access or level of access to the relevant data or service that invited user shall have, if any.

3. 3. Users Obligations
4. I. Payment:

An invoice for the Access Charge or Fee will be issued each month/quarter/half yearly/yearly in accordance with the details set out in the Price Schedule. HostBooks will continue invoicing Users in accordance with the Price Schedule until this Agreement is terminated in accordance with termination clause.

All HostBooks invoices will be sent to Users, or to a billing contact whose details are provided by users, by email. Payment of all amounts specified in an invoice must be paid in accordance with the Price Schedule. Users are responsible for payment of all taxes and duties in addition to the Access Charge.

1. II. Special pricing or discounts:

HostBooks to its Users may offer special pricing or discounts for the Access Charge or Fee as a result of the number of organizations that Users have added to the service or that have been added with Users authority or as a result of Users use of the service ('Organizations'). User shall be eligible for such special pricing or discounts is conditional upon users’ acceptance of responsibility for payment of any Access Charge or Fee in relation to all of Users Organizations. Without prejudice to any other rights that HostBooks may have under these Terms or at law, HostBooks reserves the right to render invoices for the full (non-discounted) Access Charge due or suspend or terminate Users use of the Service in respect of any or all of Users Organizations in the event that any invoices for those Access Charge are not paid in full in accordance with the requirements set out in the Price Schedule.

III. General obligations:

It is responsibility of the Users that the Service and Website for users’ own lawful/legitimate internal business purposes, in accordance with these Terms and any notice sent by HostBooks or condition posted on the Website. Users may use the Service and Website on behalf of others or in order to provide services to others but if  Users do so they must ensure that they are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to them.

1. IV. Automated Bank transaction data delivered into Users HostBooks account:

Where available and the if the User has opted for, automated bank account transaction data feeds are generally provided to users free of charge. However, HostBooks reserves the right to pass or bill for any charges related to the provision of bank feed data on a case-by-case basis at HostBooks sole discretion. HostBooks would first inform users via email or any other mode of communication including oral communication to indicate what those charges are likely to be (as such charges may vary depending on users bank and users volume of bank feeds). All the time Users have the option to decide to discontinue use of automated bank feeds at any time. To exercise this option, Users must give HostBooks sufficient prior written notice of which automated bank account transaction data feeds users want to discontinue. Upon receiving such notice HostBooks will arrange for such feeds to be terminated in accordance with each bank’s usual practices.

1. V. Access conditions:
2. i. Users responsibility is to that all usernames and passwords required to access the Service are kept secure and confidential. User must immediately notify HostBooks of any unauthorized use of their passwords or any other breach of security and HostBooks will reset user password and User must take all other actions that HostBooks reasonably deems necessary to maintain or enhance the security of HostBooks computing systems and networks and user access to the Services.
3. ii. As a condition of these Terms, when accessing and using the Services, user must:

A). not attempt to undermine the security or integrity of HostBooks computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;

B). not use, or misuse or wrong use , the Services in any way which may impact  the functionality of the applications, Services or Website, or any other systems used to deliver the Services or Website  or impact the ability of any other user to use the Services or Website;

C). should not try to attempt or miss attempt  to gain or try to gain  unauthorized access to any materials other than those to which user have been given express rights to use or access or to the computer system/server on which the Services are hosted;

D).   should not try to transmit, or input into the Services or Website, any: files or information or inputs or applications or software that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which user do not have the right to use); and

E). should not try to attempt to modify, copy, adapt, reproduce, assemble,  disassemble, collaborate, decompile or engineer or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly/mandatorily required to use/consume  either of them for normal operation.

iii. Users by accepting and enabling the multi-currency functionality within the Services confirm and accept that they have read and accept the XE.com terms and conditions for the use of the XE Currency Data feed service.

1. iv. Users by accepting and agreeing to use of automated bank account feeds enabled by the Yodlee data gathering service (Yodlee Service) from within the Service Services confirm and accept that they have read and accept the Yodlee Terms of Use.
2. VI. Usage Limitations:

Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls users are permitted to make against HostBooks application programming interface. Any such limitations will be advised.

 

VII. Communication Conditions:

As a condition of these Terms, if user use any communication tools available through the Website (such as any forum, chat room or message center, blogs, e-mailer, advertisement), they agree, accept and confirm that only to use such communication tools for lawful and legitimate purposes. User must not use any such communication tool/software/ applications  for posting or disseminating or displaying any material unrelated or not legitimate to the use of the Services, including (but not limited to): offers/advertisement  of goods or services for sale, unsolicited commercial e-mail, any other communications,  files, applications, terms, tools  that may damage any other person's computing devices or software, content that may be offensive, damaging, destructive   to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which user do not have the right to use).

When user make any communication on the Website or any other media related or owned by HostBooks, user represent that they are permitted to make such communication. HostBooks is under no circumstance /obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, user must exercise caution when using the communication tools available on the Website. However, HostBooks does reserve the right to remove any communication at any time in its sole discretion.

VIII. Indemnity:

It is construed by accepting the conditions of this Terms of Use, User indemnify HostBooks against: all current or future claims, costs, damage and loss arising from user breach of any of these Terms or any obligation User may have to HostBooks, including (but not limited to) any costs or amounts relating to the recovery of any Access Charge or Fee that are due/accrue but have not been paid by user.

4. 4. Confidentiality and Privacy
5. I. Confidentiality:

 Unless otherwise the relevant party has the prior written consent of the other or unless required to do so by law or the governing law:

1. i. Each party to this agreement shall ensure the confidentiality of all Confidential Information classified or not of the other obtained in connection with these Terms. Neither party shall, without the prior written consent of the other party, disclose or make public or make any Confidential Information available to any person, or use the same for its own benefit, purpose, processing or any manner  other than as contemplated by these Terms. All the information’s collected by each party shall use the information so collected under this Terms of the Service for only and only for legitimate and law full manner for own purpose only and that to the purpose for which it is being collected.   
2. ii. Each party's obligations under this clause will survive during and post termination of these Terms.

iii. The provisions of clauses 4.1.i and 4.1.ii shall not apply to any information which:

A). is or becomes public knowledge other than by a breach of this clause either by any party or both party or by virtue of its nature;

B). is received or transferred from a third party who lawfully or legitimately acquired it and who is under no obligation restricting its disclosure;

C). is in the possession of the receiving party without restriction or discrimination or disclaimer in relation to disclosure before the date of receipt from the disclosing party; or

D). is independently developed /innovated/created without access to the Confidential Information.

1. II. Privacy:

HostBooks maintains a privacy policy that sets out the parties’ obligations in respect of personal or any material, financial information. User should read that policy at https://www.HostBooks.com/us/privacy-policy.html and user will be taken to have agreed, accepted and confirmed that policy when they accept these Terms.

5. 5. Intellectual Property
6. I. General:

Brand Name, Logo, Tagline, Title to, and all Intellectual Property Rights in the Services, the Website and any documentation, communication, advertisement, relating to the Services remain the property of HostBooks (or its licensors as the case may be).

1. II. Ownership of Data:

Data, Title to and all Intellectual Property Rights in, the Data remain user property. User access to the Data is however, contingent on full payment of the HostBooks Access Charge or Fee when due or accrue. User by subscribing to the services and accepting to the terms, grant HostBooks a license to use, arrangement, process, copy, transmit, store, and back-up their information and Data for the purposes of enabling user to access and use the Services and for any other purpose related to provision of services to User.

III. Backup of Data:

User at its own end must maintain copies, repository of all Data inputted, entered, migrated into the Service. HostBooks ensure adherence to its best practice policies and procedures to prevent data loss, including a system data back-up regime, assure but does not make any guarantees that there will be no loss of Data. HostBooks expressly excludes liability for any loss of Data no matter how caused.

1. IV. Third-party applications and user Data.

If user enable third-party applications by accepting or agreeing to their services, for use in conjunction with the Services, user acknowledge that HostBooks may allow the providers of those third-party applications to access user Data as required for the interoperation of such third-party applications with the Services. HostBooks shall not be responsible for any disclosure, modification or deletion of User Data resulting from any such access by third-party application providers.

6. 6. Warranties and Acknowledgements
7. I. Authority:

User warrant and accept that where they have registered to use the Service on behalf of another person, User have all the authority to agree to these Terms on behalf of that person for whom he has registered and agree that by registering to use the Service user bind to the person on whose behalf they act to the performance of any and all obligations that they become subject to by virtue of these Terms, without limiting user own personal obligations under these Terms.

1. II. Acknowledgement:

User acknowledge and confirm that that:

1. i. by accepting the conditions of the Terms, User are authorized to use the Services and the Website and to access the information and Data that they input into the Website, including any information or Data input into the Website by any person they have authorized to use the Service. User are also authorized to access the processed information and Data that is made available to them through user use of the Website and the Services (whether that information and Data is user’s own or that of anyone else).
2. ii. HostBooks has no responsibility to any person other than User and nothing in this Agreement confers, or purports to confer, a benefit on any person other than user. If User use the Services or access the Website on behalf of or for the benefit of anyone other than them (whether a body corporate or otherwise) user agree that:

A). User are responsible for ensuring that they have the right to do so;

B). User are responsible for authorizing any person who is given access to information or Data, and they agree that HostBooks has no obligation to provide any person access to such information or Data without their authorization and may refer any requests for information to user to address; and

C). User will indemnify HostBooks against any claims or loss relating to:

a). HostBooks refusal to provide any person access to their information or Data in accordance with these Terms,

b). HostBooks making available information or Data to any person with their authorization.

iii. The provision of, access to, and use of, the Services is on an "as is " basis and at user’s own risk.

1. iv. HostBooks does not warrant or confirm that the use of the Service will be uninterrupted or error free. Amongst other things, the operation and availability of the systems and other resources used for accessing the Service, including public telephone services, computer networks and the Internet, cloud systems  can be unpredictable and may from time to time discrete with or interfere with or prevent access to the Services. HostBooks gives it disclaimer that is not in any way responsible for any such interference or prevention of user access or use of the Services.
2. v. HostBooks is not user’s accountant and use of the Services does not constitute the receipt of accounting advice. If You have any accounting questions, please contact an accountant.
3. vi. It is User sole and exclusive responsibility to determine that the Services meet the needs of their business or the purpose for which he is using the service and are suitable for the purposes for which they are used.

vii. User remain solely responsible for complying with all applicable accounting, compliance, tax and other laws. It is user sole responsibility to check that storage of and access to their Data through the Software and the Website will comply with laws/compliances applicable to users (including any laws of the land requiring you to retain records).

III. No warranties:

HostBooks assures you to provide best services, however does not give any warranty about the Services. The Services are designed keeping in view of the purpose of common use and not for any specific services until unless designed specifically. Without limiting the above, HostBooks does not warrant or confirm that the Services will meet user whole requirements/ requirements/ or partial requirement or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

1. IV. Consumer guarantees:

Users agree and confirms and represent that they are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.

7. 7. Limitation of Liability
8. I. To the maximum extent permitted by law, HostBooks excludes all liability and responsibility to User (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
9. II. If user suffer loss or damage as a result of HostBooks negligence or failure to comply with these Terms, any claim by user against HostBooks arising from HostBooks negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Charge paid by User in the previous 12 months.

III. If User are not satisfied with the Service, User sole and exclusive remedy is to terminate these Terms in accordance with the Termination Clause under this agreement.

8. 8. Termination
9. I. Trial policy

Upon User sign up first time for access to the Services user can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services.  The trial period is defined by HostBooks on its sole discretion and HostBooks has all the right to change/abolish/amend/alter the same without any notice. If user chooses to continue using the Services after the trial period, user will be billed by adding their billing details into the Services, as set out in detail in the Price Schedule. If User choose not to continue using the Services, user may delete their organization from the Dashboard of the Services. In case of a User who has not chosen for the continuance of service by being billed-: HostBooks shall not be in responsible for storing or maintain its data/file/organization details.

1. II. Prepaid Subscriptions

HostBooks will not provide any refund for any remaining prepaid period for a prepaid Access Charge or Fee subscription.

1. III. No-fault termination:

Under this agreement, these Terms will continue for the period covered by the Access Charge or Fee paid or payable under payment clause. Upon renewal of Services opted by the user at end of each billing period, these Terms will automatically continue for another period of the same duration as that period for which the renewal is opted for, unless either party terminates these Terms by giving at least one month’s advance written notice. If User elect to terminate these Terms by providing one month's’ advance written notice, User shall be liable to pay all relevant Access Charge up to and including the day of termination of these Terms.

1. IV. Breach:

If User:

1. i. breach any of these Terms and  within the cure period of 14 days do not do remedy the breach days after receiving notice of the breach if the breach is capable of being remedied;
2. ii. upon breach any of these Terms and the breach is not capable of being cured (which includes (without limitation) any breach of clauses or any payment of Access Charge that are not paid in full in accordance with the requirements set out in the Price Schedule); or

iii. upon User or User’s business become insolvent or User business goes into liquidation or has a receiver or manager appointed of any of its assets or if User become insolvent, or make any arrangement with User creditors, or become subject to any similar insolvency event in any jurisdiction,

HostBooks may take any or all of the following actions, at its sole discretion without any prejudice:

1. iv. Terminate this Agreement and use of the Services and the Website to the user;
2. v. Suspend for any definite or indefinite period of time, use of the Services and the Website to the user;
3. vi. Suspend or terminate access to all or any Data.

vii. Take either of the actions in sub-clauses (vi), (v) and (vi) of this clause 8(IV) in respect of any or all other persons whom user have authorized to have access to their information or Data.

For the avoidance of doubt, if payment of any invoice for Access Charge due in relation to any of user’s Billing Contacts, Billing Plans or any of their Organizations is not made in accordance with the requirements set out in the Price Schedule, HostBooks may: suspend or terminate user use of the Service, the authority for all or any of their Organizations to use the Service, or user rights of access to all or any Data.

1. V. Accrued Rights:

Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement user will:

1. i. remains liable for any accrued charges and amounts which become due for payment before or after termination; and
2. ii. immediately cease to use the Services and the Website.
3. VI. Expiry or termination:

Clauses 3(I), 3(VII), 4, 5, 6, 7, 8 and 10 survive the expiry or termination of these Terms.

9. 9. Help Desk
10. I. Technical and Functional Problems:

In the case of technical or any functional problems user must make all reasonable efforts to investigate and diagnose problems before contacting HostBooks. If user still need technical or functional help, please check the support provided online by HostBooks on the Website or failing that email or call us on the given communication details on www.HostBooks.com.

1. II. Service availability:

For its esteemed Users HostBooks intends that the Services should be available 24 hours a day, six days a week (Monday to Saturday). However, it is possible that on some occasions the Services or Website may be unavailable by virtue of any scheduled/ unscheduled maintenance or other development deployment activity taking place.

In case any activity that will interrupt the services for a longer period than it often happens during normal course of action, HostBooks shall take generally acceptable efforts to communicate by publishing the same on the website of any other means of communication in advance.

10. 10. Refund Policy

The Refund Policy maintained in the HostBooks Website www.hostbooks.com form integral part of this agreement. Any course of refund, for the user shall be governed by the above mentioned Refund Policy.

11. 11. Privacy Policy

The Privacy Policy maintained in the HostBooks website www.hostbooks.com form integral part of this agreement. Any matter or concern on account of or related to the privacy policy course of the user shall be governed by the above mentioned Privacy Policy.

 

12. 12. General
13. I. Entire agreement:

These Terms, together with the HostBooks Privacy Policy, Refund Policy and the terms of any other notices or instructions given to user under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between user and HostBooks relating to the Services and the other matters dealt with in these Terms.

1. II. Waiver:

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

III. Delays:

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

1. IV. No Assignment:

You may not assign or transfer any rights to any other person without HostBooks prior written consent.

1. V. Governing law and jurisdiction:

If user is a tax resident of the United States of America or the information or Data users are accessing using the Services and the Website is solely that of a person who is a tax resident in the United States of America at the time that user accept these terms then the laws of the State of California, U.S.A govern this Agreement and HostBooks and user agree that the U.S. Dispute Resolution Process described below applies for all disputes arising out of or in connection with this Agreement or in any way relating to the Service – PLEASE READ THE U.S. DISPUTE RESOLUTION PROCESS CAREFULLY AS IT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO USER IN THE EVENT OF A DISPUTE.

1. i. Consumers

HostBooks is not intended for consumer use (i.e., use for personal, family or household purposes).

1. ii. U.S. Dispute Resolution Process

PLEASE READ THIS CAREFULLY – IT AFFECTS YOUR RIGHTS.

The following U.S. Dispute Resolution Process applies to tax residents in the United States of America, or if the information or Data You are accessing using the Services and the Website is that of a person who is a tax resident in the United States of America at the time that user accept these terms or if user otherwise seek to resolve a dispute in the U.S.  If user are a tax resident in the United States of America or the information or Data users are accessing using the Services and the Website is that of a person who is a tax resident in the United States of America at the time that user accept these terms, user agree with HostBooks as follows:

1. A. Summary:

Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing our customer experience team at connect@hostbooks.com. IN THE UNLIKELY EVENT THAT OUR CUSTOMER EXPERIENCE TEAM IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE TO YOUR SATISFACTION (OR IF WE HAVE NOT BEEN ABLE TO RESOLVE A DISPUTE WE HAVE WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AGREE WITH HOSTBOOKS THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. For any non-frivolous claim that does not exceed $10,000, HostBooks will pay AAA filing, administrative and arbitrator costs. Moreover, in arbitration User are entitled to recover attorneys' fees from HostBooks to at least the same extent as User would be in court.

1. B. U.S. Dispute Resolution Process.  

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICE OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that user may assert claims in small claims court if user’s claims qualify.  The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters.  Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, USER AGREE WITH HOSTBOOKS THAT USER AND HOSTBOOKS ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY.  IN ADDITION, USER AGREE WITH HOSTBOOKS TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS.  USER AGREE WITH HOSTBOOKS THAT USER HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

To begin an arbitration proceeding, send a letter requesting arbitration and describing User claim to HostBooks at HostBooks Inc. 180 Promenade Cir. Ste 300, Sacramento, CA 95834, and Attention: Legal Department.  Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879.  Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules.  In addition, HostBooks will reimburse those fees and costs for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.  Likewise, HostBooks will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines users claims or defenses are frivolous.  User agree with HostBooks that User or HostBooks may choose to have the arbitration conducted by telephone or based on written submissions.  User agree with HostBooks that in person arbitration will be conducted in the county in which user reside or at another mutually agreeable location.  User agree with HostBooks that the decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.  User agree with HostBooks that the U.S. Dispute Resolution Process shall survive expiration, termination or rescission of this Agreement.

1. VI. Severability:

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

VII. Notices:

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to HostBooks must be sent to connect@hostbooks.com or to any other email address notified by email to user by HostBooks.  Notices to user will be sent to the email address which user provided when setting up access to the Service.

VIII. Rights of Third Parties:

A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.