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SERVICE AGREEMENT - WEB HOSTING

last modified date: November 15, 2006

This agreement is made between:

AngelTech Web Design and Services ("AngelTech")

and


Client Name Business Name(if applicable)
Client Mailing Address City Prov/State Postal/Zip Code
Client Phone Client Email Client URL (if applicable)


This hosting agreement governs your (the "Customer") purchase and use, in any manner, of all web site hosting services, including the Shared Hosting Services and the Dedicated Hosting Services, (collectively, the "Services") as described in the Service Agreement. For purposes of this Agreement, the Shared Hosting Services include the E-Commerce Services. You must accept the terms of this Agreement in order to use the Services. BY ACCEPTING THIS AGREEMENT, AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. AngelTech reserves the right to change or modify any of the terms and conditions contained in this Agreement, and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the AngelTech Web site (the "Site").

AngelTech will post a notice of such changes or modifications to this Agreement on the Site for thirty (30) days.

AngelTech may post changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following AngelTech's posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCEPT THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY ANGELTECH OF YOUR TERMINATION OF THIS AGREEMENT IN THE MANNER DESCRIBED IN SECTION 10.1 BELOW.



REGISTRATION REQUIREMENTS


1.1 Customer agrees that he/she is at least 18 years of age. If the customer is not at least 18 years of age, a parent or guardian's name must be put on the account and will be responsible for payment and Web Site content.

1.2 You agree to provide AngelTech with accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported to AngelTech within 30 days of the change.

1.3 By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you cancel the account as specified in Section 12 ( "Termination of Agreement" ).

SERVICE


2.1 CUSTOMER EXPRESSLY AGREES THAT USE OF ANGELTECH'S SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER ANGELTECH NOR ANY OF ITS INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES ANGELTECH OR ANY OF ITS INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT. NEITHER ANGELTECH NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICE.

2.2 AngelTech reserves the right to change the service, its prices, or any of its features at any time with or without notice.

2.3 Any means of identification assigned to you by AngelTech (including usernames and email addresses) will remain the property of AngelTech and at AngelTech's sole discretion may be altered or replaced at any time.

2.4 AngelTech provides various services including, but not limited to: web hosting, domain registration, database hosting, application hosting and electronic mail services to the Customer. The terms and conditions of this agreement and any rules and prices published on AngelTech's Web Site (www.angeltech.ca) constitute the entire and only agreement between AngelTech and the Customer (hereby defined as one who has an account with AngelTech for the Service, including Customer's designated users with respect to the Service) and supersede all other communications and agreements with regard to the subject matter hereof.

2.5 If AngelTech shall acquire an Internet Domain Name on behalf of the customer, then in such case the Customer hereby waives any and all claims which it may have against AngelTech for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by AngelTech for any reason. Any costs incurred by AngelTech in obtaining or maintaining a domain name for Customer shall be immediately reimbursed to AngelTech upon invoice from AngelTech to the customer.

2.6 AngelTech is not responsible for files and data residing on Customer's account. Customer agrees to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on AngelTech's servers.

FEES


3.1 Payments for all charges are due within 30 days of the month in which the charges are incurred. If your account is delinquent, your account may be placed on "administrative hold" or canceled at AngelTech's sole discretion.

3.2 If your account incurs charges, which are denied by your financial institution, AngelTech reserves the right to re-bill for those charges, regardless of your account status.

3.3 Interest charges of 2% per will accrue daily on any unpaid balance, which is more than 30 days old.

3.4 There will be a $25.00 processing fee for each returned check (NSF or otherwise)

3.5 You agree to pay all sales, taxes, duties, or levies, which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.

3.6 Accounts which are delinquent will be placed on "administrative hold" or suspension and may not be used or accessed. Any account that is delinquent for seven (7) days will have all files purged from all AngelTech servers. The account will continue to accrue charges while on "administrative hold" or suspension. AngelTech reserves the right to charge a re-connection fee, the amount of which is set at the sole discretion of AngelTech.

3.7 Any changes in monthly / annual or other service fees shall become effective only at the end of the customers current billing period for which the customer has prepaid. Utilization of the service by the Customer and/or its customers following the effective date of the change shall constitute acceptance by the customer of such change(s) in terms.

SYSTEM AND NETWORK SECURITY


4.1 AngelTech reserves the right to release the user names of accountholders involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. AngelTech reserves the right to fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

4.2 Any attempt to access or modify unauthorized computer system information or to interfere with normal system operations, whether on the equipment of AngelTech or of any computer system or network that is accessed via AngelTech's service, or at any other site is subject to criminal and civil liability, as well as immediate account termination. These unauthorized activities include, but are not limited to: guessing at or using passwords other than Customer's own, unauthorized access, use, probe, or scan of a systems security or authentication measures, forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting, interference with service to any other user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks, and accessing any computer system on which the customer or the public are not welcome.

SYSTEM RESOURCES


5.1 AngelTech will allocate system resources in its discretion to attempt to maximize system effectiveness. As part of resource allocation, AngelTech may limit, restrict, or prioritize access to system resources, including CPU time, memory, disk space, session length, and number of sessions.

5.2 AngelTech may log instances of abuse of system resources.

5.3 System abuse is defined as any use of AngelTech's resources, which disrupts the normal use of the system or services for others. Examples of system abuse include, but are not limited to, attempting to disrupt the sessions of other users, consuming excessive amounts of CPU time, memory or disk space, or otherwise affecting the performance of AngelTech's servers.

APPROPRIATE USE AND CONDUCT


6.1 You are responsible for any content that you post or transmit on or through our service.

6.2 AngelTech's Service may only be used for lawful purposes. Transmission, distribution, or storage of any information, data, or material in violation of Canadian or International regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. AngelTech and its Agents reserve the right to remove such illegal material from its servers immediately.

6.3 AngelTech expressly forbids anyone from using AngelTech's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which AngelTech deems to be objectionable. The designation of any materials as such described is left entirely to the discretion of AngelTech and its Agents. AngelTech and its Agents reserve the right to remove such illegal material from its servers immediately.

6.4 You will not use the Service to distribute, link to, or solicit content that:
  • is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive;
  • infringes someone else's intellectual property or other rights;
  • advocates or solicits violence or other criminal conduct;
  • violates any law, regulation, or contract;
  • constitutes unsolicited or unauthorized advertising, junk or bulk e-mail, chain letters, or any other unsolicited commercial communication;
  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.
6.5 You will comply with all applicable laws and regulations regarding online conduct and content. You will not use the service to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications.

6.6 AngelTech strictly prohibits e-mail harassment, whether through language, frequency, or size of messages. Forging of header information is not permitted. AngelTech does not allow unsolicited e-mail. This includes "Spamming" and "Bulk Mail" sent to persons who have otherwise not requested to receive such mail.

ACCURATE INFORMATION


7.1 You will provide accurate and current information on all registration forms on the Service. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through the Service.

DISCRETION OVER CONTENT, USE, STORAGE, AND OPERATION OF THE SERVICE


8.1 AngelTech may edit, move, or delete any content (including content or communications that you have provided) for any reason, and may preserve and disclose content or user information if required to do so by law or in the good faith belief that doing so is necessary to: (a) comply with legal process; (b) enforce these terms, (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or its users, or the public.

8.2 AngelTech generally does not pre-screen, monitor, or edit content provided by third parties. AngelTech is not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.

8.3 AngelTech may set limits, including limits on the length of storage of email and other user content, the number of messages going to or from a user account, the size of messages, and the total amount of storage available to a user. We are not liable for the deletion or loss of messages, other communications, or other content maintained or transmitted.

NOTICES


9.1 Notices to you may be made via email, regular mail, notices posted on the Service, or changes to this Agreement.

9.2 Depending upon the nature and severity of any system abuses, the Customer may receive an e-mail warning detailing the nature of the abuse. If the abuse of services is not terminated within one (1) day, a final e-mail will be sent to the customer formally requesting termination of the stated abuse. Customer then must terminate stated abuse within one (1) day, otherwise the Service Agreement will be terminated. Any reconnection of a terminated account will require a reconnection fee.

YOUR REMEDIES


10.1 If you are dissatisfied with the service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account. Requests for cancellation (termination of service) must be submitted in writing. The date of cancellation request will not be used as date of cancellation. A representative of AngelTech must confirm all cancellations prior to a cancellation date being set and followed through

INDEMNITY


11.1 You agree to defend, indemnify, and hold AngelTech and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; AND, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account

11.2 Under no circumstances shall AngelTech, its employees, affiliates or contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from any: use of your account or the service or your inability to use the service; access of the internet or any part thereof; or, your reliance on or use of information, services or merchandise provided on or through the service or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

TERMINATION OF AGREEMENT


12.1 You may terminate this Agreement by using only the methods outlined in Section 10. Your termination will only be complete upon your receipt of confirmation from AngelTech. You will receive verbal confirmation if you cancel by telephone and a written reply through email if you cancel by email. Charges to your account will stop accruing at the end of the current month you receive your confirmation number. All AngelTech accounts must be paid in full before the cancellation transaction will be considered complete.

12.2 Any customer who cancels or terminates service within 30 days of initial service activation, is entitled to a full refund equal to the amount charged by AngelTech for the service. All one-time setup fees are non-refundable. For cancellation or termination requests after 30 days of service activation, no refunds will be given.

12.2 AngelTech may terminate this Agreement: at any time without cause upon 30 days prior notice; or, immediately if you or any person who has access to the service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation or failure to pay any charges within 60 days of the date they accrue to or you violate any portion of the AngelTech Web Design and Services Terms of Use Agreement. The Terms and Conditions of Use Policy is on the AngelTech web site. View terms and conditions

12.3 Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate.

12.4 Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.

13 FORCE MAJEURE

13.1 Neither party shall be responsible for any failure to perform due to unforeseen circumstances or to causes beyond the parties' reasonable control, including, but not limited to, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, power, energy, labor, or materials.

By completing this form and checking this box, I certify that I have read and agree to the terms in the Service Agreement set out by AngelTech Web Design and Services.

I ACCEPT THE TERMS OF THE SERVICE AGREEMENT