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Hosting Terms and Conditions
Effective January 1, 2003
Modified January 1, 2006

This agreement for services (this "Agreement") is hereby made between MIS Sciences Corporation, a California corporation ("MIS Sciences Corporation") and the Customer, whereby MIS Sciences Corporation agrees to provide Web Hosting services (the "Services") on MIS Sciences Corporation's network of shared servers and the Customer agrees to pay the rate agreed for the Services and to accept the terms and conditions set forth in this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND your use of the Services provided by MIS Sciences Corporation is deemed acceptance of the terms and conditions set forth in this Agreement. This Agreement affects important legal rights.

MIS Sciences Corporation will provide the hardware and system administration necessary to provide World Wide Web access to the Internet community. MIS Sciences Corporation will also provide a single and unique Universal Resource Locator (URL) address for use by Customer (i.e., yourdomain.ourdomain.com). At Customer's request, MIS Sciences Corporation will assign a unique domain name to its servers (i.e., www.yourname.com) provided that the name is legally registered to and under the control of the Customer. Customer understands and hereby acknowledges that domain name registration can take 2 weeks (or more). MIS Sciences Corporation will assign a working address to the Customer's pages. Customer agrees to pay the domain name registration fees and all renewal fees directly to Network Solutions or other appropriate domain name registrar. This fee is subject to change by the Network Solutions or other domain name registrar.

Any Customer that is to receive free month(s) of web hosting via any promotional offer or other reason will receive the free month(s) as a credit to their account. In order to receive such credit, the account must be current.

Cash, credit cards, and checks are accepted forms of payment. Payment is due on the date billed. Services will be billed in advance. Services will be pro-rated based on a thirty-day month. Services on any past due accounts will be suspended. Suspended accounts will not be reactivated until all past due amounts are received and any fees for reestablishing the account are pre-paid.

Prices may be changed at any time in the sole discretion of MIS Sciences Corporation. Customer will receive fifteen (15) days advance notice of any pricing changes.

Customer understands and agrees that MIS Sciences Corporation will make every effort to keep its network of servers running continuously. However, servers may occasionally be disconnected due to routine maintenance, upgrades and other required events.

Customer is responsible for testing any changes that MIS Sciences Corporation makes to Customer's website at Customer's request to make sure that such changes are in accordance with such Customer request.

Customer assumes full responsibility for making a back-up of any information posted to our servers. MIS Sciences Corporation is not responsible for lost materials or information. MIS Sciences Corporation will make its best effort to maintain security on its network of servers. However, by their nature the Web and the Internet are not secure. Customer assumes responsibility for the appropriate use of security within the Customer's scripts and directories.

Customer assumes full responsibility for all content posted to MIS Sciences Corporation's servers on Customer's behalf, including any trademark, copyright, patent or other intellectual property submitted to MIS Sciences Corporation for either creative services and/or straight posting to our servers. MIS Sciences Corporation reserves the right to remove without notice any material which, in its sole opinion, may result in a violation of intellectual property rights of others or any other applicable Federal, State, Common, or International laws or regulations. MIS Sciences Corporation does not permit adult websites or tolerate e-mail spamming or similar abuses of its network. Any adult web sites WILL BE immediately removed and al related accounts disabled.

MIS Sciences Corporations has a ZERO tolerance policy for the sending of unsolicited email (SPAM) using any MIS Sciences Corporation server or from or using any domain name or service provided by MIS Sciences Corporation. Any violation of this policy will result in immediate termination of the customer's service and the customer is liable to MIS Sciences Corporation in accordance with section 17538.45(f)(1) California Business and Professions Code.

MIS SCIENCES CORPORATION PROVIDES SERVICES TO CUSTOMER ON AN "AS IS" BASIS. MIS SCIENCES CORPORATION EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MIS SCIENCES CORPORATION SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOST PROFITS, LOST DATA, LOST SAVINGS FAILURE OF SECURITY OR ANY OR ALL INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CHARACTERIZED, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE.

UNDER NO CIRCUMSTANCES SHALL MIS SCIENCES CORPORATION, ITS AFFILIATES, ITS LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM CUSTOMER'S USE OF OR INABILITY TO USE THE SERVICE OR ANY PART THEREOF, OR CUSTOMER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF CUSTOMER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT MIS SCIENCES CORPORATION IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, MIS SCIENCES CORPORATION'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF CUSTOMER'S SUBSCRIPTION PAYMENT PRORATED TO REFLECT THE CURRENT TERM.

Notwithstanding anything to the contrary herein contained, Customer agrees to indemnify and hold MIS Sciences Corporation, its affiliates, its licensors, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation incurred or suffered by MIS Sciences Corporation, its licensors, its affiliates, its contractors, or their respective employees as the result of any and all use of Customer's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by Customer, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. Customer shall promptly notify MIS Sciences Corporation in writing of any claim of which it is obligated under this indemnity. Customer shall have the right to assume the defense of any such claim. Customer and MIS Sciences Corporation shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

If Customer is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of MIS Sciences Corporation in operating the Service, Customer's sole and exclusive remedy is to discontinue using the Service.

The laws of the State of California shall govern this agreement. The forum for any disputes under this agreement shall be Los Angeles County, State of California.

Either MIS Sciences Corporation or Customer may cancel this agreement at will at any time with written notice to the other party. MIS Sciences Corporation may suspend, without notice, Customer's account for reason of non-payment or other reason at MIS Sciences Corporation reasonable discretion. In the event that MIS Sciences Corporation cancels this contract, the Customer will receive a pro-rated refund of any unused portion of the billing period. Domain registration and any set-up fees are non-refundable. Customer acknowledges that these terms and conditions are subject to change without notice. Customer's continued use of MIS Sciences Corporation constitutes customer acceptance of these and all modified terms  

 



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