Agreement Version 1.2 (Jan 8, 2005)

By using our web hosting services and or any of our other services, you agree to comply with our policies as set out herein:
Parties:
The word "We" or "we" or "Our" or "our" refers to: AffordHost Inc., its affiliates, its shareholders, directors, employees, associates, contractors, subcontractors and suppliers. The reference is both or either jointly and severally.
The word "You" or "you" refers to the person or entity that agrees to use our services. Use of our services constitutes the agreement by you to all the terms, conditions and/or exclusions of this agreement.

This agreement:
This agreement is made and agreed to by you and we. We may change the terms, conditions and/or exclusions of this agreement from time to time. In the event that the agreement is changed, we will provide you with 15 days' notice thereof by e-mail to your newest or last known e-mail address that you provide us. In the event that you disagree with a changed agreement, you may cancel our services without penalty; however, your obligations under the last agreement that you have agreed to prior to the change will survive the event of such cancellation or termination of service.

Liability:
You hereby declare and agree that we are not liable in any way for the content posted, opinions expressed, or actions of the users of our services. Any concerns about the above should be sent directly to our Admin Department.
You hereby declare and agree that we are not liable or responsible for loss of data or connectivity due to technical failure, hardware/software error and/or a failure due to Acts of God or failure of equipment outside of AffordHost Inc. control.
You agree that you will maintain a copy of your data and that any copy of data on the AffordHost servers or stored by AffordHost is only for purpose of complying with this agreement.

Interpretation:
The provisions of this agreement are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this agreement, is prohibited. We reserve the right - at all times - to prohibit activities that damage or may potentially damage our commercial reputation or goodwill or the normal course of our operations or that damage or may potentially damage the commercial reputation or goodwill or normal course of operations of others who use our services.
Arbitration:
We will be the sole arbiters as to what constitutes a violation of any of these provisions.
Reporting Network Abuse:
Any party seeking to report any violations of the agreement or policies or services should contact our Customer Service consultants at 416-238-7698.

Acceptable Content and Usage Policies:
Illegality in any form:
This includes but is not limited to; unauthorized distribution or copying of copyrighted material, violation of Canadian, U.S. or other jurisdiction's export restrictions, harassment, defamation, humiliation, fraud, drug dealing, and other illegal activities. Any of the above will not be tolerated and will result in immediate service cancellation. You agree that in such an event, your only recourse will be through binding arbitration as provided for under the laws and rules of the Province of Ontario, Canada.

Provision of services to others through your hosting account:
This includes but is not limited to; provision of email addresses, Web Hosting, or storage space to people outside your organization or company, or to the general public. Unauthorized resale or use of our features and/or services will not be tolerated and will result in immediate cancellation of service.

Inacceptable Content Types:
The following file formats are not allowed for storage on or distribution through our services: .COM .ASX .MWV .MWA .MP3 .MPG. We also do not allow pornographic content in any form. We also do not allow any content or material or reference to any material that may be offensive to a racial, ethnic, or religious group or any material or reference to any material that promotes negative impressions of any racial, ethnic or religious group. We do not allow the distribution of any software whatsoever unless you have received our prior consent to such activity. Consent to distribute software that is fully owned by you shall not be unreasonably withheld. Consent to distribute software that is owned by others will be denied. Consent to distribute your software may involve your payment to us of additional fees, based on bandwidth and/or volume. If you would like to know if we consider the content you wish to host acceptable, please call our offices at (416)238-7698.

Illegal Use
Our servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Software Repositories", "Pirated software", "Hackers programs or archives", "Warez", "Game Mods, Patches or Cracks/Hacks", Emulators, "EMU", "ROMs", "IRC Bots", "mp3", "Chat Sites/Servers", "Pornography", "TGP".

Misuse of System Resources
It is a violation of this agreement to employ posts or programs which consume excessive CPU time, server memory, or storage space, or to permit the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for your own account; or to resell access software that is installed on our servers. We reserve the right to terminate any service or process that uses a disproportionate amount of any system resources immediately and without notice to the user.

Tortuous Conduct
No one shall post defamatory, scandalous, or private information about a person without their consent, with intention to inflict emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Spamming
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without our express written permission. It is contrary to this agreement and to our policy for anyone to use our servers to effect or participate in any of the following activities:
To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles that are off-topic according to the charter or other owner-published FAQ or description of the group or list.
To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients. To engage in any of the foregoing activities using the service of another provider, but channeling such activities through our server(s), or using our server(s) as a mail drop for responses. To falsify user information provided on our Registration Form or to us or to other users of the service in connection with use of our service(s).

System and Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Over Transfer Fees:
Over transfer fees for abnormally heavy usage resulting from but not limited to video and or audio streaming will apply should the site(s) that you operate on our servers experience such usage. In such an event, we shall inform you of the situation and give you the option of paying the additional fees "Over Transfer Fees" or terminating the service. In the event that you opt to terminate the service rather than pay the "Over Transfer Fees", service will terminate after 72 hours; however you agree to pay all service fees to and including one hour prior to termination.

Domain Names:
You agree and confirm that any and all domain names that are used by you on our servers and/or that employ our services are rightly yours and do not infringe on the intellectual property, copyright, trademarks, names or reputations of others and are not racially, ethnically or religiously offensive or derogatory. You agree that we are not responsible for your choice and/or registration of domain names and you agree to hold us harmless and to indemnify us for any and all costs, expenses and/or damages that we may suffer as a result of your registration or use of domain names. You agree not to use or employ any domain name on our servers where the domain name is in dispute or where the domain name is acquired through a registry that is not a member of ICANN and/or through a registry that does not adhere to the Uniform Dispute Resolution Policy (UDRP)

Billing, Renewal, and Cancellation Policies

Renewal of your Hosting Account
Account renewal is automatic until cancelled by you or cancelled by us in accordance with this agreement. All accounts will be renewed according to the term selected upon account signup. Billing will be for the entire term of the service and shall be payable in advance. A late payment service and handling charge of 2% (two percent), plus GST shall accrue for each month of arrears in payment and shall compound on the first day of each month. In the event that your payment is in arrears for more than 30 days, your service will be deleted from our system; however your debt shall remain payable, including all service, handling and collection charges. We are not and will not be responsible in any way for any loss of revenue or intellectual property caused by our termination of services to you.

Account Cancellation Notification
You must notify us via Email that you wish to cancel your account. Notification should be made not later than 14 days prior to account renewal. If you do not notify us at least 14 days prior to your scheduled renewal date, your account will be renewed at the contract rate. Your account will then be cancelled at the end of the next billing cycle.

Account Cancellation Fees and Refunds
All accounts that cancel and reinstate within 30 Days are subject to a $20 setup fee. Cancellation of an account within 30 days of signup is subject to a 100% refund on hosting only.


Consequences of Violation
If we become aware of an alleged violation of this agreement and/or our use policy, we will initiate an investigation. If, in our judgement, the situation so merits or indicates, we may restrict or terminate access and/or service(s) in order to prevent further possible unauthorized activity. Depending on the severity of the violation, we may, at our sole discretion, restrict, suspend, or terminate Customer's account without notice or refund, and/or pursue other civil remedies.

If such violation is a criminal offense, we will notify the appropriate law enforcement department of such violation.

We do not issue payment refunds for any outages incurred through service disablement resulting from violations of this agreement.

Acceptance of each and every term of this agreement:
By using our servers and services you confirm your understanding and acceptance of the agreement as a whole and of each and every term of this agreement.