Members Agreement

Host-Host Web Hosting will host an account for the purchaser hereafter referred to as the Account Holder, for their chosen domain name, for the period of time according to the payment plan chosen .

This contract will be automatically renewed at the end of its term. Termination of services must be given in written form, 14 days prior to the termination date. Phone notification is not acceptable.

The undersigned Account Holder agrees to abide by the following provisions of this service contract and may have to agree to additional provisions from Host-Host Web Hosting covering this and/or any future services added to this agreement.

1. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all international, federal, provincial, and municipal laws. Violations of this or any other provision of this agreement can result in a 30 day notice to terminate service or an immediate termination of service depending upon the severity of the violation. Host-Host Web Hosting reserves the right to refuse service if the content of information provided is deemed misleading,obscene, copyright infringement or illegal, in the opinion of Host-Host Web Hosting. Account Holder agrees not to store, transmit, link to, advertise or make available any images containing nudity or semi-nudity. Host-Host Web Hosting will make the final decision in any dispute over unacceptable context, and Account Holder agrees to accept Host-Host Web Hosting's decision.

2. Host-Host Web Hosting reserves the right to increase prices at any time. If this service is paid monthly it may be subject to future price increases. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of their password. Host-Host Web Hosting will not change passwords to any account with out proof of identification which is satisfactory to Host-Host Web Hosting , which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Host-Host Web Hosting will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Host-Host Web Hosting be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise.

3. The Account Holder agrees not to harm Host-Host Web Hosting , its reputation, computer systems, programming and/or other Account Holders using Host-Host Web Hosting . Host-Host Web Hosting reserves the right to select the computer for Account Holders web-site for best performance. If Account Holder breaches this agreement, then Host-Host Web Hosting has the right to terminate service without any refunds of the unused portion prepaid by Account Holder. The Account Holder agrees to indemnify and hold harmless both Host-Host Web Hosting and any other Account Holder from any and all claims and/or costs resulting from the Account Holders use or abuse of their service in any manner.

4. Account Holder understands this service is provided on a shared server. This means that one web-site can not overwhelm the sever with heavy CPU usage from highly active CGI scripts or chat scripts. If your web-site overwhelms the server and causes complaints from the other users, you have outgrown the realm of shared servers, and will need to relocate your web-site. Host-Host Web Hosting will refund any unused portion of prepaid services. If at any time, Account Holder breaches any part of this contract and Host-Host Web Hosting must engage in the services of an attorney, then Account Holder will pay any and all of Host-Host Web Hosting's reasonable attorney fees and court costs. The Account Holder's rights and privileges cannot be sold or transferred without written consent from Host-Host Web Hosting

5. This contract represents the complete understanding between the parties. If Account Holder sells or resells advertising or webspace to a third party then Account Holder will be responsible for the contents of that advertising and the actions of that third party. Host-Host Web Hosting has the right to reject any illegal or offensive content. The e-mail distribution by the Account Holder of "SPAM" , "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If Account Holder refuses to remove any content found objectionable by Host-Host Web Hosting , Host-Host Web Hosting may terminate service.

6. Host-Host Web Hosting will use its best efforts to maintain a full time Internet presence for Account Holder. The network may be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. Account Holder agrees that these events may or may not occur and Account Holder will hold Host-Host Web Hosting , its employees, owners, contractors, free and harmless from any damages incurred in any event of any type of loss resulting from any reason whatsoever. Host-Host Web Hosting total liability under all circumstances will never exceed the amount paid by Account Holder for duration of this agreement. If Account Holder selects the discount for 12 months prepaid service then any amounts prepaid cannot be refunded by Host-Host Web Hosting in the event Account Holder stops using this service.

7. 30-DAY MONEY-BACK GUARANTEE

Host-Host offers a 30-day money-back guarantee on each Plan. If Account Holder is not completely satisfied with the Plan within the first 30 days, Account Holder may cancel this agreement by notifying Host-Host in writing. In such case Account Holder will receive a full refund of any amounts paid pursuant to this agreement.

8. DISCLAIMERS OF WARRANTY

After the initial 30-day period, services provided by Host-Host to Account Holder shall be deemed accepted for all purposes 30 days after the provision of such services, if no written claim or objection regarding such services has been received by Host-Host within the 30-day period. No claim related to such accepted services may be raised at a later date.

9. LIMITATIONS ON HOST-HOST'S OBLIGATIONS AND LIABILITIES

A. Host-Host's liability to Account Holder hereunder is limited to the amount paid to and received by Host-Host for services not accepted. Host-Host is proud of its record in providing state-of-the-art, reliable services, and will use its best efforts to maintain performance at the high level to which its Account Holders have become accustomed, but Host-Host MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. HOST-HOST CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA STORED OR TRANSMITED VIA ITS SYSTEM. NEITHER HOST-HOST NOR ANYONE ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO THIS AGREEMENT WILL BE LIABLE TO Account Holder OR ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES OF ANY KIND (DIRECT, CONSEQUENTIAL, SPECIAL, OR ANY OTHER) THAT ARISE OUT OF THE USE OR INABILITY TO USE SUCH SERVICES, whether or not resulting from fault or negligence on Host-Host's part, even if Host-Host has been advised as to the possibility of such damages. Some jurisdictions may prohibit certain disclaimers, so the above disclaimers may not apply. Account Holder's local jurisdiction's laws will apply only to the extent they override this agreement.

B. Account Holder will take all necessary measures to preclude Host-Host from being made a party to any lawsuit or claim regarding Host-Host services provided to Account Holder. Account Holderhereby agrees to indemnify and hold harmless Host-Host from any and all such lawsuits or claims.

10. PROPERTY RIGHTS

Host-Host owns all right, title and interest in and to Host-Host's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function,or operation of Plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to Account Holder to use Host-Host's trade names or service marks. Any such license must be the subject of a separate written agreement.

11. PRIVACY

A. Host-Host will not sell, and will not knowingly disclose, its Account Holder lists or Account Holder email or listserv address lists (although it cannot guarantee that such information will never be found out). Host-Host will cooperate with those attempting to minimize net abuse, and reserves the right to institute "filters" or other mechanisms as part of its efforts to reduce net abuse.

B. Host-Host will not monitor or disclose Account Holder's private email messages unless required to do so by court order or law, but Host-Host will cooperate with law enforcement authorities and will notify such authorities if it suspects that Account Holder is engaged in illegal activities.

12. CONFIDENTIALITY

Account Holder acknowledges that by reason of its relationship with Host-Host hereunder, it may have access to certain information and materials relating to Host-Host's business plans, Account Holders, software technology, and marketing strategies that is confidential and of substantial value to Host-Host, which value would be impaired if such information were disclosed to third parties. Account Holder agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by Host-Host. Account Holder further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement, Account Holder shall not disclose any such confidential information in its possession, and shall return all confidential materials to Host-Host or destroy them, at Host-Host's option. The provisions of this section shall survive the termination of this agreement. Upon any breach or threatened breach of this section, Host-Host shall be entitled to injunctive relief.

13. RELATIONSHIP OF THE PARTIES; NATURE OF AGREEMENT

The relationship between Host-Host and Account Holder is that of vendor and vendee. The parties shall not be construed as being joint venturers, franchiser/franchisee, or employer/employee. Even if Account Holder is an individual, this agreement is a commercial agreement entered into for business purposes, not a consumer agreement. Account Holder has no authority, apparent or otherwise, to contract for or on behalf of Host-Host, or in any other way legally bind Host-Host in any fashion, nor shall Account Holder be authorized to make any representations about Host-Host or its services other than to set forth the contents of this agreement, of any Plan(s) contracted for, and of any rules and regulations promulgated by Host-Host from time to time.

14. APPLICABLE LAW, JURISDICTIONAL MATTERS

This agreement takes effect when accepted by Host-Host. It is to be governed by and construed under the laws of the State of California and the United States of America. The federal and state courts of the State of California shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this agreement. Account Holder hereby expressly consents to (1) the jurisdiction of the courts of State of California and Marin County, California and (2) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by Host-Host. Unless prohibited by the law of Account Holder's jurisdiction, Account Holder waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the Hague Convention.

15. ENTIRE AGREEMENT; MODIFICATIONS

This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. Host-Host may make changes to this agreement upon thirty (30) days' written notice to Account Holder, advising of the change and the effective date thereof. Utilization of Host-Host services by Account Holder and/or its Account Holders following the effective date of such change shall constitute acceptance by Account Holder of such change(s). Otherwise,this agreement may not be modified except by the of written consent of both parties.