CONTRACTUAL HOSTING AGREEMENT

HostWatcher Hosting will host a website and email for the purchaser, for the period of time according to the payment plan selected.

This contract will be renewed at the end of its term, unless HostWatcher Hosting is given notice of termination in written form, 5 days prior to the renewal date.

The purchaser agrees to abide by the following provisions of this service contract and may have to agree to additional provisions from HostWatcher Hosting covering this and/or any future services added to this agreement.

1. The hosted account and 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. HostWatcher 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 HostWatcher Hosting. HostWatcher Hosting will make the final decision in any dispute over unacceptable context, and purchaser agrees to accept HostWatcher Hosting's decision.

2. HostWatcher Hosting reserves the right to increase prices at any time.

3. Purchaser is responsible for securing their account password(s). HostWatcher Hosting will not change passwords to any account without proof of identification which is satisfactory to HostWatcher Hosting, and may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes purchaser, purchaser understands that HostWatcher Hosting will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will HostWatcher Hosting be liable for any losses incurred by purchaser or anyone else during this time of determination of ownership.

4. The purchaser agrees not to harm HostWatcher Hosting, its reputation, computer systems, programming and/or other customers of HostWatcher Hosting. The purchaser agrees to indemnify and hold harmless both HostWatcher Hosting and any other customer from any and all claims and/or costs resulting from the purchaser's use or abuse of their service in any manner. If at any time, purchaser breaches any part of this contract and HostWatcher Hosting must engage in the services of an attorney, then purchaser will pay any and all of HostWatcher Hosting's reasonable attorney fees and court costs. The purchaser's rights and privileges cannot be sold or transferred without written consent from HostWatcher Hosting.

5. Purchaser understands this service is provided on a shared server. This means that the purchaser’s website can not overwhelm the server with heavy CPU usage from highly active scripts or traffic. If your website overwhelms the server and/or causes complaints from the other customers, you will need to relocate your website to dedicated hosting. HostWatcher Hosting will refund any unused portion of prepaid services.

6. The e-mail distribution, by the Account Holder, or any service provider for the account holder, of "UNSOLICITED COMMERCIAL E-MAIL" is expressly prohibited. If even one report of spam is found and the Account Holder has no physical or electronic proof that the recipient requested the mailing, then the Account Holder will be found in violation of this provision, and HostWatcher Hosting will terminate service. PLEASE UNDERSTAND THIS COMPLETELY. THERE WILL BE NO SECOND CHANCES.

7. HostWatcher Hosting will use it's best efforts to maintain a full time Internet presence for purchaser. The network may be down due to, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. Purchaser agrees that these events may or may not occur and purchaser will hold HostWatcher 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. HostWatcher Hosting's total liability under all circumstances will never exceed the amount paid by purchaser during the effected billing period. If purchaser selects any of the discount prepaid service options, then any amounts prepaid will only be refunded less the normal monthly rate of used service in the event purchaser requests termination of service.

8. 30-DAY MONEY-BACK GUARANTEE
HostWatcher Hosting offers a 30-day money-back guarantee on each Plan. If purchaser is not completely satisfied with the Plan within the first 30 days, purchaser may cancel this agreement by notifying HostWatcher Hosting in writing within the first 30 days. In such case purchaser will receive a full refund of any amounts paid pursuant to this agreement.

9. LIMITATIONS ON HOSTWATCHER HOSTING'S OBLIGATIONS AND LIABILITIES
HostWatcher Hosting's liability to purchaser hereunder is limited to the amount paid to and received by HostWatcher Hosting for services not accepted. HostWatcher Hosting MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. HOSTWATCHER HOSTING CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA STORED OR TRANSMITTED VIA ITS SYSTEMS. NEITHER HOSTWATCHER HOSTING, NOR ANYONE ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO THIS AGREEMENT WILL BE LIABLE TO PURCHASER 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 HostWatcher Hosting's part, even if HostWatcher Hosting has been advised as to the possibility of such damages.

10. Purchaser will take all necessary measures to preclude HostWatcher Hosting from being made a party to any lawsuit or claim regarding HostWatcher Hosting services provided to purchaser. Purchaser hereby agrees to indemnify and hold harmless HostWatcher Hosting from any and all such lawsuits or claims.

11. PROPERTY RIGHTS
HostWatcher Hosting owns all rights, title and interest in and to HostWatcher Hosting'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 purchaser to use HostWatcher Hosting's trade names or service marks. Any such license must be the subject of a separate written agreement.

12. PRIVACY
HostWatcher Hosting will not sell, and will not knowingly disclose, it's customer information (although it cannot guarantee that such information will never be found out). HostWatcher Hosting will be required to provide the normal information necessary for registration of a domain name if so purchased by the purchaser. HostWatcher Hosting 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. HostWatcher Hosting will not monitor or disclose purchaser's private email messages unless required to do so by court order or law. HostWatcher Hosting will cooperate with law enforcement authorities and will notify such authorities if it suspects that purchaser is engaged in illegal activities.

13. CONFIDENTIALITY
Purchaser acknowledges that by reason of its relationship with HostWatcher Hosting hereunder, it may have access to certain information and materials relating to HostWatcher Hosting's business plans, customers, software technology, and marketing strategies that is confidential and of substantial value to HostWatcher Hosting, which value would be impaired if such information were disclosed to third parties. Purchaser 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 HostWatcher Hosting. Purchaser further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement, Purchaser shall not disclose any such confidential information in its possession, and shall return all confidential materials to HostWatcher Hosting or destroy them, at HostWatcher Hosting's option. The provisions of this section shall survive the termination of this agreement. Upon any breach or threatened breach of this section, HostWatcher Hosting shall be entitled to injunctive relief.

14. ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. HostWatcher Hosting may make changes to this agreement upon thirty (30) days' written notice to purchaser, advising of the change and the effective date thereof. Utilization of HostWatcher Hosting services by purchaser and/or its customers or associations, following the effective date of such change, shall constitute acceptance by purchaser of such change. Otherwise, this agreement may not be modified except by the written consent of both parties.