2. SERVICES PROVIDED
Host2Host agrees to lease space capable of hosting Web Pages on a Host2Host server connected to the Internet. Host2Host does its best to provide full time 24-hour Internet presence for all its clients. Sometimes the network can go down and other types of power interruptions may occur. These situations are outside of the control of Host2Host. CUSTOMER understands that these situations may occur and CUSTOMER will hold Host2Host free and harmless from any damages or inconveniences incurred in the event that interruptions occur.

3. SERVER LEASE – MONTHLY FEES
CUSTOMER requests the Host2Host server lease fee of Choose One ... $25.00 $35.00 $50.00 $100.00 $150.00 $200.00 $250.00 per month, begin on the first day of the month of Choose One ... January February March April May June July August September October November December , in the year of 2007 2008 . This monthly fee covers server activity for the first full paid calendar month of this service contract for the web site of one CUSTOMER, the size of which is not to exceed 100 megabytes unless the item below (3-a) is completed.

3a. For Managed Server Customers:
I (CUSTOMER) agree that if my need for Domains or server space exceeds the amount I am currently contracted for, Host2Host is authorized to configure additional services as outlined on the Web pages http://host2host.com/services.htm and http://host2host.com/priceinfo.htm as necessary, and invoice my account accordingly at the rates outlined on those pages.

Scroll below for items 4 through 14

4. BILLING This Agreement is considered by Host2Host as a perpetual bill for all services. Invoices are sent via e-mail or postal mail at the discretion of Host2Host. If you require that a monthly statement be mailed, arrangements must be made in advance. In all cases, the due dates and charges stated in this contract will apply. a. A one-time setup charge of $50.00 is due upon receipt of a copy of this signed Agreement ( this fee is waived if CUSTOMER opts for the ACW plan at http://host2host.com/acw.htm ) b. Prearranged invoices are sent out around the 15th day of each month, monthly fees are due by the 10th day of following month of service. Partial payments are not acceptable. b2. ACW -- Our Automatic Checking Withdrawal program is recommended ( using this service will waive your one-time setup charge ) for your convenience and uninterrupted service. ACW service must be arranged in advance by signed agreement and must be submitted by the 20th of the Month prior to the ACW taking effect, the document is available at http://host2host.com/acw.htm c. Accounts paid after the 10th day of the month and before the 20th day of the month are subject to a $10.00 late fee. d. Accounts not paid by the 20th day of the billing month will be considered delinquent and all services not paid for will be suspended. e. Delinquent accounts not paid by the first day of the following month will result in CUSTOMER access to service and the files stored on Host2Host servers being irrevocably removed, the account will then be considered terminated. f. Terminated accounts may be re-activated when all owed fees, a $50.00 re-activation charge, plus the following month's fees are paid. It will be the responsibility of the CUSTOMER to re-upload any files and/or scripts to the Host2Host server. g. In the event that a CUSTOMER account is terminated or canceled, no refunds, including but not limited to fees, leases, or charges, will be granted, nor can they be converted to cash or other form of reimbursement. h. Upon termination or expiration of this Agreement, CUSTOMER shall have no further rights to access Host2Host equipment. Host2Host shall have no responsibility to notify any third party, including but not limited to third-party providers or clients of CUSTOMER, of such termination, nor shall Host2Host have any responsibility for any damages that may result from the lack of such notification. 5. MINIMUM AGE REQUIREMENT CUSTOMER hereby represents and warrants to Host2Host that he / she is not a minor and is at least or over the legal age of 18. 6. HYPERLINKS Links are pointers to other WWW pages either on or off of the Host2Host network. You may add any hyperlinks to your pages you like, as long as they conform to the policy in section 11-g below. 7. DOMAINS Each CUSTOMER will be entitled to the use of one registered Domain name of CUSTOMER choice, at the first level (TLD), Managed Server Customers have access to more than one Domain, the total of which is determined by their lease agreement level (See: http://host2host.com/services.htm.) All Customers are responsible for incurred Registrar fees for registered Domain names. a. In order to best manage the Domain name, while hosted at Host2Host, we should be the Technical or Administrative Contact. The Domain belongs to the CUSTOMER. All validated requests for a transfer of the Domain to another server or 3rd party, by the owner of said Domain, will be honored promptly. b. CUSTOMER may exercise options for additional Domains. An example of a Domain name: Amalgamated Widget's page would be: widgets.com c. CUSTOMER may elect to obtain additional Domain names for itself or its client(s). At CUSTOMER request Host2Host will provide server space or forwarding for additional Domain names and configure them on a Host2Host server. Requesting additional Domains and or services incurs some fees; see http://host2host.com/priceinfo.htm for information. d. CUSTOMER will need to perform registration(s) for its client(s) Domain names. Host2Host will provide an interface on the Host2Host Web site so that CUSTOMER can easily handle such transactions ( SEE: http://www.host2host.com/domains/ ) and / or CUSTOMER may request, via e-mail, to have a staff person from Host2Host process the registration for CUSTOMER. Domains can be registered at any ICANN accredited registrar, when this is the case the CUSTOMER is responsible for setting the nameservers to NS0.HOST2HOST.COM (primary) and NS1.HOST2HOST.COM (secondary.) e. Someone else or some other business may have already registered the Domain name you or your client may want. In this case you will need to provide a 2nd or 3rd choice. See the Whois section on our web site to execute a search to see if the Domain name that you want is available. 8. SUB-PAGES, SUB-DIRECTORIES AND SUB-DOMAINS CUSTOMER may sell WWW pages below its own Domain name. Example, widgets.com could sell a page to Space Sprockets, Inc., the URL for Space Sprockets, Inc. would then be http://www.widgets.com/sprockets.html or similar sub-page name. a. Entire Web sites may be configured in sub-directories on the CUSTOMER server space. Example, http://www.widgets.com/sprockets/ or similar sub-directory name. b. CUSTOMER may also sell or utilize for themselves secondary levels of their TLD, use of which requires a $50.00 setup fee per additional secondary level Domain name. Example, sprockets.widgets.com could be sold and the URL would be http://sprockets.widgets.com/ CUSTOMER could also use this secondary Domain naming convention to elicit perceived notions as to the physical size of their business. Example, the URL http://www3.widgets.com/ may make the visitor believe that the pages are being served off of the 3rd server cluster installed by widgets.com. 9. AGREEMENT PERIOD -- TERMINATION This Agreement is for an initial period of one (1) month, thereafter month to month, as long as both parties remain in Agreement. In any case, a superseding Agreement will render this Agreement null and void. This Agreement shall continue in force until terminated by either Host2Host or CUSTOMER upon 30 days notice to the other respective party. Host2Host reserves the right to terminate this Agreement without notice if CUSTOMER fails to adhere to the Acceptable Use Policy (section 11) or the guidelines in Billing (section 4) are not met. However, this Agreement may always be terminated at any time upon the mutual Agreement of Host2Host and CUSTOMER. 10. PAGE DESIGN -- CONTENT Pages may include "server side" links and references to supported scripts. CUSTOMER is responsible for all page layout, design and programming. The content of these pages will comply with the standards set in the Host2Host Acceptable Use Policy (section 11.) a. CUSTOMER will be responsible for keeping backup copies of all uploaded files including but not limited to, HTML files, web page content, scripts and / or programming, to safe guard content from unforeseen circumstances (see sections 15-b and 15-d for information regarding unforeseen circumstances.) 11. ACCEPTABLE USE POLICY CUSTOMER agrees to use Host2Host services only for lawful purposes, in compliance with all applicable laws. a. For the integrity of our servers and equipment it is necessary that all customers, clients, accounts and affiliates of the Host2Host web hosting service conform to these guidelines, terms and conditions. The forewarnings contained in this section are not idle, please read and take them seriously. The reputation and security of our business as well as other customer's businesses depend on them. Should you decide to join us at Host2Host your business will rely on them as well. b. Host2Host reserves the right to investigate all suspected violations of these guidelines. When Host2Host becomes aware of possible violations, Host2Host may initiate an investigation that may include gathering information from the CUSTOMER involved and the complaining party, if any, and examination of content on Host2Host servers. c. During an investigation, Host2Host reserves the right to temporarily suspend access to services by the CUSTOMER involved and limit access to any material or content involved on the server(s). If Host2Host believes, in its sole discretion, that a violation of these guidelines has occurred, it may take administrative action(s.) Such action(s) may include, but are not limited to, permanent removal of CUSTOMER material from Host2Host servers, written warning to the CUSTOMER responsible, and / or the termination of the CUSTOMER responsible. Host2Host, in its sole discretion, will determine what action will be taken in response to any violation(s) on a case-by-case basis. Violations of these guidelines could also subject CUSTOMER to criminal or civil liabilities. d. CUSTOMER is responsible for all use of the CUSTOMER server space, committed with or without the knowledge or consent of CUSTOMER. To avoid unauthorized use, guard your password well and do not disseminate it. e. Materials in the public domain (examples are images, text, and programs) may be downloaded or uploaded using Host2Host services. CUSTOMER may also re-distribute materials in the public domain. CUSTOMER assumes all risks regarding the determination of whether the material is in the public domain or not. f. CUSTOMER is prohibited from storing, distributing or transmitting any unlawful material through Host2Host services. Examples of unlawful material include but are not limited to direct threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. CUSTOMER may not post, upload or otherwise distribute copyrighted material on Host2Host servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject CUSTOMER to criminal as well as civil liabilities, and will result in termination of this Agreement. g. CUSTOMER may not store or distribute certain other types of material on Host2Host servers. Examples of prohibited material include, but are not limited to, programs containing viruses or trojan horses, tools used to compromise the security of Host2Host sites, other sites, or servers and documents or data containing content that is purposefully threatening, or material containing blatant expressions of bigotry, racism or hate. h. Specifically, sites exploiting children that are pornographic in nature are not allowed on Host2Host servers. Any such activity found on a Host2Host server will result in the immediate termination of CUSTOMER, without notice or apology. i. A Host2Host client's username and password is for CUSTOMER individual use only. For security reasons, CUSTOMER may not share passwords or accounts with other individuals. Additional usernames and passwords will be arranged under special situations, on a case by case basis. Some examples are, access for your client to edit his / her site with FrontPage or access for a hired programmer to manage your server space. j. CUSTOMER is prohibited from utilizing Host2Host services to compromise security or tamper with other customers server space or other sites on servers owned by Host2Host or at any other site on the Internet. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include but are not limited to password guessing programs, cracking tools, DoS attack programs or network probing tools. k. Host2Host reserves the right to release the identity of any CUSTOMER involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. Host2Host will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers. If a lawbreaker is identified on or by a Host2Host server, evidence is forwarded to the Internet Fraud Complaint Center, a division of the Federal Bureau of Investigation (see https://www.ifccfbi.gov/.) l. Host2Host will allocate system and network resources to provide CUSTOMER with the best service possible. As part of resource allocation, Host2Host may limit, restrict or prioritize access to system resources, including memory, disk space and / or bandwidth. m. Host2Host reserves the right renegotiate fees for any CUSTOMER who is accessing system or network resources that are well above and beyond normal usage. n. Host2Host will log instances of abuse of system resources, including but not limited to those outlined in this section, and take action or make recommendations as outlined herein. o. System abuse is defined as any use of Host2Host resources or equipment, which disrupts the normal use of the system for others. Examples of system abuse include, but are not limited to, attempting to disrupt the services of other Host2Host clients or adversely affecting the performance of Host2Host servers. p. CUSTOMER may not run programs that provide network services from their server space unless such service is installed by Host2Host. An on-line chat script is not considered a network service. q. Host2Host will investigate complaints regarding e-mail and may, at its sole discretion, take action based on the rules below. If an e-mail message is found to violate one of the following policies, or to contain unlawful material, as described above, Host2Host may take action as outlined above. r. CUSTOMER may not send e-mail to any user who does not wish to receive it, either on the Host2Host network or elsewhere on the Internet. Host2Host recognizes that e-mail is an informal medium; however, CUSTOMER must refrain from sending further e-mail to a user after receiving a request to stop. s. Unsolicited advertising mailings, (spam) whether commercial or informational, are strictly prohibited. CUSTOMER may send advertising material only to addresses that have specifically requested it. Host2Host will not forward e-mail of any CUSTOMER terminated for bulk mailing or unsolicited advertising. t. Chain letters, by definition, are unsolicited and may not be reproduced using Host2Host servers. u. CUSTOMER may not send, create, or reply to mailbombs. Mailbombing is defined as either e-mailing multiple copies of a single message to one or many accounts, or sending a large file or multiple files or messages to a single user or multiple users with malicious intent. v. CUSTOMER may not alter the headers of e-mail messages to conceal their e-mail address and / or identity or to prevent recipients from responding to messages. w. Violations of the Host2Host policies as they are written in this document can sometimes result in large numbers of e-mail responses and complaints. If as a result of not following these guidelines a Host2Host server receives so much e-mail that Host2Host resources are affected, Host2Host will shut down the CUSTOMER mailbox and / or e-mail server. x. CUSTOMER is solely responsible for the content of web pages hosted, owned or maintained by the CUSTOMER or its clients. y. Host2Host reserves the right to remove any web pages on Host2Host servers not in compliance with section 11-g above. z. Host2Host will thoroughly investigate complaints regarding inappropriate material on web pages hosted on Host2Host servers and may, at its sole discretion, require that the material is removed or take action as outlined above. 12. CONFIDENTIALITY -- NON-DISCLOSURE CUSTOMER acknowledges that: Host2Host is the owner of valuable trade secrets, and other proprietary information and licenses, and that in the using of Host2Host Services, CUSTOMER may obtain or become aware of such information as well as other confidential and proprietary information concerning Host2Host finances, properties, methods of operation and other data. CUSTOMER further acknowledges that unauthorized disclosure of any confidential information would irreparably damage Host2Host. a. During the term of this Agreement and for a period of one (1) year thereafter, CUSTOMER shall not disclose any confidential information to any person or entity, or permit any person or entity to examine and / or make copies of any confidential information belonging to Host2Host. Upon termination of this Agreement and upon request, CUSTOMER will turn over to Host2Host all documents, papers, and other matter in CUSTOMER possession or control that contain or relate to such confidential information, or certify its destruction, at the option of Host2Host. b. Both parties acknowledge that disclosure of any confidential information by the CUSTOMER will give rise to irreparable injury and damages to Host2Host. Accordingly, Host2Host may seek and obtain legal relief against such disclosures, in addition to any other legal remedies that may be available now or be made available in the future. c. Pages, logos, and content residing at the Internet Domain host2host.com shall be considered the proprietary property of Host2Host. The Domain name(s) for the CUSTOMER site, shall remain the property of CUSTOMER and reside on a Host2Host server until released to a 3rd party as noted in section 7-a of this Agreement. Solely belonging to Host2Host, without limitation, are all IP address(es) assigned to CUSTOMER or its clients. 13. GENERAL CUSTOMER’s rights and privileges under this Agreement can not be sold or transferred without the consent and approval from Host2Host in advance of the sale or transfer. Failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right or rights detailed herein. 14. LIABILITY -- WARRANTEES -- INDEMNITY CUSTOMER understands that except for information, products, or services clearly identified as being supplied by Host2Host, Host2Host has no control over outside or third party components that may be used by CUSTOMER on a Host2Host server or as a method of compilation of web pages and the like to be posted to a Host2Host server, including but not limited to content, scripts, programming languages or software. a. Host2Host does not make any representations or warranties, express or implied, regarding any services or any software made available in conjunction with our services. No oral advice, action or written information given by Host2Host, its employees, or the like, shall create a warranty. CUSTOMER shall not rely on any such information or advice. There is no warranty that Host2Host services will fulfill any CUSTOMER special purpose or needs. b. Under no circumstances, including negligence, shall Host2Host or anyone else involved in administering or distributing the Host2Host services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Host2Host services, or that result from mistakes, omissions, interruptions, deletion of files, e-mail errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to any acts of god, communications failure, theft, destruction, denial of service (DoS) attacks, unauthorized access to Host2Host records, programs, equipment, data, or services. Because some states do not allow the exclusion or limitation of liability for consequential damages, in such states, Host2Host liabilities are limited to the greatest extent permitted by law. In no event shall Host2Host be liable to CUSTOMER for an amount exceeding the amount actually paid to Host2Host by CUSTOMER for Host2Host services. c. Each party will indemnify the other party from any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees resulting from the indemnifying party's material breach of any duty or representation under this Agreement, except and to the extent of those resulting from the knowing or willful misconduct of the other party. Without limiting the generality of the foregoing, CUSTOMER agrees to indemnify and hold harmless Host2Host from any claims that the CUSTOMER site is infringing any third party’s rights, including without limitation the unauthorized use or dissemination of third party mark or software on the CUSTOMER site. Such indemnity shall be conditional upon the prompt notification to the other party of any such claims. d. Host2Host shall not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any contingency beyond the reasonable control of Host2Host, including but not limited to, fire, flood, strike, and other industrial disturbance, failure of transport, DoS attack, accident, war, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause.

VERIFICATION
I (CUSTOMER) verify that I have read this document in its entirety and I agree to all the terms and conditions written herein. CUSTOMER further verifies this by submitting this form with the "Click Here to Submit Contract via E-mail" button below. I acknowledge that if I am not comfortable with this verification method, a hard copy may be exchanged via standard U.S. Postal Delivery methods instead, send an email to us at info@host2host.com to request one.

15. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota. Each party irrevocably consents to the exclusive jurisdiction of the Courts of the State of North Dakota and the Federal Courts situated in the State of North Dakota in connection with any action to enforce the provisions of this Agreement, or otherwise arising under or by reason of this Agreement.

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