Hosting Agreement

This document constitutes the agreement between Dundas Web Internet Services (herein referred to Dundas Web) and the customer subscribing to the hosting services (herein referred to as the subscriber). This document supercedes any and all previous agreements, verbal and written, unless otherwise specified in a separate witten agreement.

Acceptance of the selected services by the subscriber shall constitute acceptance of this agreement.

Upon payment of the initial designated fee, Dundas Web shall provide the services selected by the subscriber, as specified at http://www.dundasweb.com/packages.html for the specified period. Dundas Web shall endeavor to activate those services as soon as possible, usually within a 12 hour period. In rare cases, activation may take longer. This agreement shall be renewed automatically with each payment of the designated fee. Each specified period shall consist of no less than 30 days.

Either party may terminate this agreement by providing email notice three days prior to payment of the designated fee for the final specified period.

Dundas Web reserves the right to suspend or restrict all or part of the service for periods of regular maintenance or repair - although such suspensions and restriction rarely require more than a few minutes of downtime per occurance. In the evnt that longer periods of downtime are required, Dundas Web shall endeavor to provide the subscriber with sufficient notification. All maintenance and repair shall remain in compliance with the uptime guarantee. In the event that cumulative downtime exceeds 0.1% in any thirty day period, the subscriber shall be credited with one full month of service, to be applied at the end of the final specified period of service, which will follow notification of termination of this agreement.

Dundas Web reserves the right to modify the terms and conditions of this agreement and if/when changes become necessary, Dundas Web shall endeavor to provide the subscriber with sufficient notice. Details of the changes will be posted at...
http://www.dundasweb.com/tos.html

The subscriber shall be responsible for all usage and content of the specified service, unless a separate agreement has been reached where Dundas Web supplies all or part of the content.

COPYRIGHT INFRINGEMENT: It is unlawful to duplicate and/or transmit in any form, images and/or text that are protected by copyright, without the express permission of the owner(s) of those images and/or text. Since the subscriber provides the images, text and applications used in connection with the specified service, it is the subscriber's responsibility to ensure that those images, text and applications are unencumbered by copyright protection.

INDEMNIFICATION: The subscriber agrees to indemnify, defend and hold harmless Dundas Web Internet Services, Dundas Web.com and associated domains, their owners, associates, affiliates and suppliers from and against all losses, expenses, damages and costs, including but not limited to reasonable legal fees, resulting from his/her use or misuse of the specified service.

The subscriber agrees that the specified service will not be used to sell, trade, display, promote or encourage any material that may be considered hateful, slanderous, threatening, adults only oriented entertainment, or otherwise unlawful.

The subscriber agrees that his/her use of the specified service shall remain in compliance of all laws.

The subscriber agrees that the specified service shall not be used to transmit unsolicited commercial email (SPAM), nor sell, trade, display material or applications that promotes the transmission of unsolicited commercial email (SPAM).

Dundas Web Reserves the right to limit the excessive use of server resources and therefore prohibits the use of resource intensive material and applications, including but not limited to movies and music, where those materials and application may consume excessive amounts of server resources.

In the event that the subscriber exceeds the amount of bandwidth allocated for the specified service, Dundas Web reserves the right to automatically suspend or restrict the specified service until the beginning of the next specified period. Any downtime resulting from such suspensions or restrictions shall cause the uptime guarantee to become null and void. Should the Dundas Web automated system fail to suspend or restrict usage after bandwidth has exceeded the amount allocated for the specified period, the subscriber agrees to pay for the additional bandwidth at a rate of $2.00 per gigabyte.

The subscriber agrees that is his/her responsibility to maintain back ups of all data, material and applications stored on the Dundas Web servers. The subscriber agrees that Dundas Web Internet Services, Dundas Web.com and associated domains, their owners, associates, affiliates and suppliers shall not be held responsible for loss or corruption of data, material and applications stored on the Dundas Web servers.