WEB HOSTING SERVICE AGREEMENT

This Web Hosting Agreement (this "Agreement") sets forth the terms and conditions of your use of MYDWARE for web hosting services. You certify that you are at least 18 years of age. To become a MYDWARE account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the Online Order forms and any policies that are or may be published by MYDWARE. This Agreement will become effective when accepted by MYDWARE. By posting notice 30 days in advance at a web page available on our web site (www.mydware.com), MYDWARE may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services.

Scope of Services and Your Obligations
 

This Agreement defines the terms and conditions of MYDWARE services as offered by MYDWARE and used by you, including the provision of web hosting services on MYDWARE's servers and connectivity to the Internet (the "Services"). MYDWARE will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, MYDWARE maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.

MYDWARE reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. MYDWARE will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not MYDWARE's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.

You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that MYDWARE is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. � 512. Consistent with the DMCA, MYDWARE will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, MYDWARE has a policy of terminating accountholders who are copyright infringers.

Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on MYDWARE's servers nor the links to other websites are screened, approved, reviewed or endorsed by MYDWARE. MYDWARE is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not MYDWARE's statements of advice, opinion or information.

Payment Policies, Fees, and Refunds:
 

Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, one year) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. Domain registration fees and setup fees are nonrefundable.

Domain registration/setup fees are nonrefundable. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies MYDWARE of cancellation. All monetary transactions are in $CAD dollars. Additional features can be added at any time. Monthly feature prices are not prorated. MYDWARE reserves the right to change prices at any time.

If your web site has an overdue balance, our automated billing system will suspend your account until you pay the overdue balance. Please note that it is your responsibility to keep your account current. You can check your account balance at any time by clicking "invoice" in your account's control panel.

Terms:
 

The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the Province of Ontario (without regard to conflicts of laws principles).

Indemnification Policy:
 

You agree to use all MYDWARE services and facilities at your own risk. MYDWARE specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall MYDWARE be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD MYDWARE HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY MYDWARE. CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD MYDWARE HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS, CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST MYDWARE, 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 CUSTOMER, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS MYDWARE AGAINST LIABILITIES ARISING OUT OF:

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with MYDWAREs server;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and;
(4) any defective products sold to customer from MYDWAREs server.

MYDWARE shall be the sole judge of what violates this Policy.

Account Cancellation:
 

To cancel your account, please follow these instructions. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. Domain registration fees and setup fees are nonrefundable.

NOTE: MYDWARE charges a $25.00 fee for returned checks and a $50 fee for charge backs. For international customers, if you are sending a check/money order the amount must be drawn in CAD (Canadian) dollars. You may cancel at anytime. Phone requests will not constitute acceptance of any cancellation. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Clients Responsibility to secure email confirmation from MYDWARE that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced.

If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations. All MYDWARE accounts must be paid in full before the cancellation will be considered complete.

Transferring your domain to another provider or nonuse of your hosting account does not constitute canceling your account. You must notify MYDWARE to formally cancel your account and avoid further charges.

Account Changes:
 

Most account maintenance issues can be handled in your Control Panel. Simply access your control panel and click on "Billing Information". If you need to cancel your account, please see our instructions for canceling an account.

Account Ownership:
 

MYDWARE is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site.

If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to our servers. Once the Web site is published to our servers the account owner has retained ownership of that content.

Reporting Alleged Copyright Infringement:
 

In notifying us of the alleged copyright infringement, please be sure to include the following information:

• a description of the copyrighted work that is the subject of the claimed infringement (if multiple works are being infringed at a single site, a representative list of such works at that site is adequate)

• a description of the infringing material and information sufficient to permit MYDWARE to locate the material contact information for you, including your address, telephone number and/or email address

• a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law

• a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and a physical or electronic signature of the copyright owner or a person authorized to act on its behalf

Failure to include all of the above-listed information may result in a delay of the processing of your complaint. MYDWARE will terminate the online privileges of users who infringe the copyright of others.

Domain Registration/transfer:
It is your responsibility to verify that the registration of your domain name is complete. And, when the domain name registration comes up for renewal, the Domain Name Registration Company ordinarily will email the contact for your domain to remind you it will soon expire. If you do not keep your domain name's registration current, then the domain registration will expire and the domain would then become available for others to register. It is your responsibility to be certain that you keep your domain name registered.

Email Policy:
MYDWARE may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 25 email addresses or more than 10 news groups*.

Client is responsible for keeping email storage on hosting account below 10 MB. This is normal for most accounts since email is typically downloaded from the server on a regular basis using an email client such as Outlook, Outlook Express or Eudora.

*This number does not apply to virtual private server accounts.

SPAM Policy:
MYDWARE is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the MYDWARE network, by customers or any other users of the MYDWARE network (including customers' customers); AND/OR over ANY network if the message sent advertises or mentions a site hosted on the MYDWARE server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an MYDWARE email address or web site URL is prohibited. The use of MYDWARE servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of $250.

If you have any complaints or comments regarding Spam on our network, please direct them at to our staff.

Content Policy:
All services provided by MYDWARE may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Canadian Federal, Provincial or City law, or in violation of the laws of any country, is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, material that advocates or calls for the commission of crimes or civil harms to any person, group of people, corporation, country, or any entity, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless MYDWARE from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography is prohibited on all MYDWARE servers. This includes sites that may infer sexual content, or links to adult content elsewhere. MYDWARE will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to MYDWARE servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated software
Hacker programs or archives
Warez sites
Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.

MYDWARE will be the sole arbiter as to what constitutes a violation of this provision.

CGI Scripts Policy:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other MYDWARE customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed.

Chat Policy:
MYDWARE does not allow chat rooms. You can however link your site to a chat provider. Some examples of chat providers are: www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com.

Traffic Policy:
MYDWARE allows for very generous traffic, and most sites never exceed 2 G per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. MYDWARE customers are discouraged from storing any files that cause excessive traffic on MYDWARE servers. Please contact MYDWARE Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to MYDWARE or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

We reserve the right to charge additional fees for extremely high bandwidth sites. This only includes .1% of our currently hosted web sites. We will not host web sites which contain adult material.

You will be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your monthly transfer that you have used in the "Total Traffic" area of your control panel and you can add more transfer to your account at any time by clicking on "change traffic limit" in your control panel. Just upgrade to a higher plan. If you need additional bandwidth transfer above what is allowed with a higher hosting package, please contact us and we will be happy to assist you. Please note that it is your responsibility to make sure that you have sufficient bandwidth transfer remaining for your web pages.

Backups:
Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content any information. If loss of data occurs due to an error of MYDWARE, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, MYDWARE will attempt to recover the data from the most recent archive for a $50.00 fee.

Telephone Support:
Client agrees to email us at support@MYDWARE for technical support issues. MYDWARE does, however, offer telephone support to clients. Client agrees not to abuse this resource. Abuse includes placing multiple repeat calls without leaving a message or leaving multiple messages in the same 24-hour period. Clients who abuse telephone support privileges may, at Provider's sole discretion, have telephone support privileges revoked and/or incur a charge of $5.00 per call. MYDWARE shall have sole authority to determine violations of this policy.

Resellers:

You provide billing to your customers. We do not bill your customers. We bill you for the domain and space, then you turn around and bill them for your cost from us and your services in addition to that.

Actual or attempted violations of policy by a customer's end user shall be considered violations of the policy by the customer regardless of intention and will be acted upon accordingly.
Your customers are given a limited amount of transfer and if we feel that one of your customers is using up more transfer than allocated or is taking up too much of the CPU usage then we will need to pass some of the extra cost on to you and you will need to pass it on to your customer. You will need to put that in your terms and conditions for the hosting.
You agree that neither you nor your customers can hold us responsible for services that you offer.
Your customers have to abide by the same terms and conditions as you do, or we have the right to cancel any of your reseller accounts.
If you abuse our services, we reserve the right to cancel your account, which will also cancel your customers accounts.