Hosting Agreement

WebMasterPro.com Web Site Hosting License Agreement

This Web Site Hosting Agreement ('Agreement') is by and between Absolute Networks, Inc. ('Absolute Networks'), and you, your heirs, assigns, agents and contractors ('You') and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Your use of Absolute Networks' Web Site Hosting ('Web Hosting') services and represents the entire agreement between You and Absolute Networks. By using Absolute Networks' Web Hosting services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which Absolute Networks may establish from time to time. You may view the latest version of this Agreement at any time at http://webmasterpro.com/hostagree.html.

1. FEES
As consideration for the services purchased by You and provided to You by Absolute Networks, You agree to pay Absolute Networks a monthly fee. Your monthly billing date will be determined based on the day of the month You establish Your Web Hosting relationship with Absolute Networks unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month. Payment is to be made by You providing a valid credit card for charge by Absolute Networks. If for any reason Absolute Networks is unable to charge your credit card with the full amount of the service provided, or if Absolute Networks is charged back for any fee it previously charged to the credit card You provided, You agree that Absolute Networks may pursue all available remedies in order to obtain payment.

You agree that You will be responsible for notifying Absolute Networks should you desire to terminate Your use of Absolute Networks' Web Hosting services. Notification of Your intent to terminate must be provided to Absolute Networks no later than three days prior to Your billing date. In the absence of notification from You, Absolute Networks will automatically continue Web Hosting services indefinitely and will charge the credit card You have on file with Absolute Networks, at Absolute Networks' then current rates. It is Your responsibility to keep your credit card information current, including the expiration date.

2. TERM OF AGREEMENT; MODIFICATIONS
The term of this agreement shall continue in full force and effect as long as Absolute Networks is providing Web Hosting services to You.

You agree that Absolute Networks may modify this Agreement from time to time. Absolute Networks may also discontinue services it provides under this Agreement. You agree to be bound by any changes Absolute Networks may reasonably make to this Agreement when such changes become effective.

3. DESCRIPTION OF SERVICE
Absolute Networks will host Your web site on Absolute Networks’ Web Hosting servers, provided, however, You abide by the terms and conditions set forth herein and in each of Absolute Networks' policies and procedures.

You are responsible for ensuring that Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for ensuring the legal copyright to any images, text, or other web site elements that are not provided by Absolute Networks.

4. YOUR OBLIGATIONS
You agree that You have provided accurate, current and complete information in the application process and that You will notify Absolute Networks within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Absolute Networks to determine the validity of information provided by You, will constitute a material breach of this Agreement.

If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Absolute Networks has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Absolute Networks has the absolute right, in its sole discretion, to terminate its Web Hosting services and close Your account.

You warrant that each application You make is being done so in good faith and that You have no knowledge of infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant that the web site being hosted by Absolute Networks will not be used in connection with any illegal activity.

6. ABSOLUTE NETWORKS’ RIGHTS
Absolute Networks explicitly reserves the right and sole discretion to: a. Censor any web site hosted on its Web Hosting servers that, in Absolute Networks' sole discretion, is deemed inappropriate; b. Review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; c. Modify its pricing through email notification; d. Terminate Your Web Hosting service for unsolicited, commercial e-mailing (i.e., SPAM); hosting of pornography; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Web Hosting fees; and other activities whether lawful or unlawful that Absolute Networks determines to be harmful to its other customers, operations, or reputation; e. Terminate Your Web Hosting service if the contents of Your web site result in, or are the subject of, legal action or threatened legal action, against Absolute Networks or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.

You agree to indemnify and hold harmless Absolute Networks for any complications arising out of Your use of Absolute Networks’ Web Hosting services, including actions Absolute Networks chooses to take to remedy Your improper or illegal use of a web site hosted by Absolute Networks. You agree You will not be entitled to a refund of any fees paid to Absolute Networks if, for any reason, Absolute Networks takes corrective action with respect to Your improper or illegal use of its Web Hosting services.

7. DISPUTE RESOLUTION POLICY
You agree that if a dispute arises as a result of one or more web sites Absolute Networks is hosting for You, You will indemnify, defend and hold Absolute Networks harmless for damages arising out of such dispute. You also agree that if Absolute Networks is notified that a complaint been filed with a governmental, administrative or judicial body, regarding a web site hosted by Absolute Networks, that Absolute Networks, in its sole discretion, may take whatever action Absolute Networks deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled

8. LIMITATION OF LIABILITY
You agree that Absolute Networks' entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by Absolute Networks to You under this Agreement, and for any breach of this Agreement by Absolute Networks, shall be limited to the fees You paid to Absolute Networks for Web Hosting services.

9. INDEMNITY
You agree to release, defend, indemnify and hold harmless Absolute Networks and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with Absolute Networks and/or Your use of the Web Hosting services provided by Absolute Networks.

10. DISCLAIMER OF WARRANTIES
ABSOLUTE NETWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14. SEVERABILITY
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

16. NOTICES
You agree that all notices (except for notices concerning breach of this Agreement) from Absolute Networks to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address you have on file with Absolute Networks. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to Absolute Networks shall be made either by email or sent to the address we provide on our web site.