WEB HOSTING AGREEMENT

The following agreement is between HostingSys.com, Inc., incorporated in State of Delaware, USA ("HostingSys")and you ("Client")

WHEREAS, HostingSys is an information provider connected to the Internet. HostingSys offers storage and transfer services over the Internet through access to its Web Server;

WHEREAS, Client seeks to utilize HostingSys's server for its own purposes;
 
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, HostingSys can make no guarantee that any given reader shall be able to access HostingSys's server at any given time. HostingSys represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

I. Financial Arrangements:

Client agrees to a 1, 3, 6 or 12 month contract, beginning upon the receipt of this contract and payment via online, fax, check or wire-transfer. HostingSys reserves the right to apply a $25.00 USD incoming wire-transfer processing fee for each wire-transfer.

First 1,3, 6 or 12 months payment plus setup charges, if any, shall be due in advance of service.

Client will receive an invoice for charges via electronic mail and payment is due by account expiry date.

This agreement will automatically renew for successive X month periods (where X is the original term agreed to upon by both parties), unless canceled in writing per the Service Cancellation clause. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions.

Renewal fees for the following term will be automatically charged to the credit card on file for your account unless other arrangements have been made. If payment is by credit card, the client authorizes HostingSys to charge the credit card provided for those charges for HostingSys services to be rendered, any past due balances, and overage charges in order to bring the account current. Credit card payments will be charged automatically on the first day of the billing cycle. Should any delays occur in credit card processing on the first day of the client's billing cycle, HostingSys may charge the amount due to the provided card at any time.

Payments may also be made by check.  Returned checks are subject to a $25.00 USD returned check fee.

Accounts that have unpaid invoices more than 30 days past the renewal date will be suspended without notice until the account is brought current.  HostingSys reserves the right to terminate the account and delete the files. HostingSys reserves the right to apply a $25.00 USD reconnection fee to all suspended accounts.  Suspension does NOT release client of the responsibility for payment of the account and monies due.

Domain name payments are separate and will be billed directly to the domain owner.

In the case of a corporate client, the individual under whose name the order is made, gives full personal guarantee for all payments due.

II. Taxes:

HostingSys shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or HostingSys's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

III. Material and Products:

HostingSys will exercise no control whatsoever over the content of the information passing through the network except for what is noted in section X of this agreement. HostingSys expressly forbids anyone from using HostingSys servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of HostingSys management.

Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. HostingSys expressly limits its damages to the Client for any non-accessibility time or other down time to the prorata monthly charge during the system unavailability. HostingSys specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

The Client agrees that he or she has the necessary knowledge to create and maintain their web-site. Client agrees that it is not the responsibility of HostingSys to provide this knowledge or Customer Support outside matter specific to HostingSys's servers.

HostingSys makes no representations, warranties or assurances that the Customer's equipment will be compatible with the HostingSys service.

IV. Trademarks & Copyrights:

Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

V. Age:

The Customer certifies that he or she is at least 18 years of age.

VI. Internet Etiquette:

Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of HostingSys may not be used to impersonate another person or misrepresent authorization to act on behalf of others or HostingSys. All messages transmitted via HostingSys should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

HostingSys does not permit the transmission of unsolicited e-mail. Complaints or allegations regarding the abuse of e-mail will be investigated. If it is found that the client has engaged in the intentional transmission of unsolicited e-mail, a warning to cease and desist will be issued. Subsequent violations will result in suspension, termination of the account without any refund and/or $500.00 USD fee (or $30 for each unsolicated email complaint).

ALL software and files uploaded must follow the standard internet guidelines for fitness of use. Such software items that result in denial of service are not fit for use. An example of a denial of service software would be eggdrop and is not acceptable. HostingSys reserves the right to delete those files without prior notification.

VII. Privacy:

HostingSys will make every effort to protect the privacy of HostingSys's clients. HostingSys will not reveal personal information regarding its clients unless other arrangements have been made. HostingSys cannot however protect privacy through the Internic registration database as this information is open to the public. HostingSys reserves the right to monitor any and all communications through or with our facilities. You agree that HostingSys is not considered a "secure communications medium" for the purposes of the ECPA.

VIII. Reasonable Use:
The Client agrees to reasonable server CPU, memory, disk space, as well as bandwidth use to be determined by HostingSys.

IX. Transfer rights
The right to use HostingSys service is not transferable. Use of HostingSys web hosting accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address.

X. Network IP address assignments
Any network IP address assignments issued by HostingSys are the property of HostingSys and are considered to be loaned to its customers. In the event service with HostingSys is discontinued for any reason, such addresses will revert to HostingSys.

XI. Service Cancellation
HostingSys reserves the right to suspend or cancel service to a client at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of HostingSys that the client may be performing activities harmful to HostingSys or its customers, employees, vendors, business relationships, or any other users of the Internet.

Notwithstanding the above, HostingSys may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.

HostingSys reserves the right to delete Client's personal files after one or both parties terminates the service agreement between HostingSys and Client.

All fees paid in advance of cancellation will be pro-rated and paid to the Client by HostingSys if fees exceed fifty (50) US dollars and HostingSys institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the client (i.e. transfer, additional webspace etc, excessive CPU usage, e-mail spamming, additional POP3 accounts).

XII. Lawful Purpose:
Client may only use HostingSys's server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets.

XIII. Liability:
In no event shall HostingSys aggregate liability exceed the amount paid by you to HostingSys for the HostingSys services. Use of any information obtained via HostingSys service is at the client's own risk. HostingSys specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

XIV. Indemnification:
Client agrees that it shall defend, indemnify, save and hold HostingSys harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HostingSys, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, it's agents, employees or assigns. Client agrees to defend, indemnify and hold harmless HostingSys against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HostingSys server; (2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from HostingSys server.

XV. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of HostingSys Corporation services as specified in Section I. Financial Arrangements.

XVI. Value Added Reselling:
Clients approved and authorized as HostingSys resellers are allowed to resell the storage and transfer services provided by HostingSys as provided for in its standard product offering. Client agrees to handle and is responsible for all third-party client's content, support, set-up, maintenance and billing. Client agrees to having the necessary additional knowledge and skill level required. Client also agrees that they are responsible for all payments for accounts brought on by client under the reseller program.

XVII. Disclaimer:
HostingSys will not be responsible for any damages your business may suffer. HostingSys makes no warranties of any kind, expressed or implied for services we provide. HostingSys disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by HostingSys and its employees.

HostingSys reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity, including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence, or other illegal activity.

HostingSys reserves the right to revise its policies at any time.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.

This Agreement shall be governed and construed in accordance with the laws of the State of Delaware, USA.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the [Tue Sep 7 08:25:36 EDT 2010 ] Effective Date.