1. INTRODUCTION 1.1 The Web Your Business Hosting service is a web space, dialup and internet domain service (the "WYBH Service") provided by web Your Business Limited ("Web Your Business") and use of the WYBH service on the server which Web Your Business provides the WYBH service (the "Web Your Business system") is at all times subject to the terms and conditions of this Agreement. You agree to be bound by the terms of this Agreement by clicking on the "I agree to be bound by these terms and conditions" icon on Web Your Business's web site or by signing the application form. 2. AGREEMENT TO TERMS AND CONDITIONS 2.1 This Agreement takes effect on the date on which you first use or test the WYBH Service or when you pay for their services, whichever is the earliest. From time to time, it will be necessary to update the terms and conditions. We will use all reasonable endeavours to give you seven days' notice of any change and you agree to be bound by the new terms and conditions by clicking on the "I agree to be bound by these terms and conditions" icon on Web Your Business's web site or by signing the application form. We reserve the right to impose immediate implementation of new terms and conditions where necessary for the protection of the Web Your Business system. 2.2 Should you find any new terms and conditions unacceptable, then you terminate your subscription on seven days' written notice and you will be granted a refund of any unexpired portion of your subscription. You agree that, save for this refund, you will not make any claims whatsoever for compensation in relation to the cancellation or withdrawal of your subscription. 2.3 You are responsible for reviewing regularly information posted online in the terms and conditions pages on the Web Your Business web site. 2.4 Web Your Business may correct any typographical information or other errors or omission in any brochure, promotional literature, quotations or other document relating to the provision of the WYBH service without any liability to you. 2.5 For the avoidance of doubt, a user during the free-rental or free trial period of the WYBH service shall be governed by this Agreement as if a full user. 3. INFORMATION PROVIDED BY YOU 3.1 You warrant that the name, address and payment information that you provide when you subscribe for the WYBH service is correct and you agree immediately to notify Web Your Business of any changes in the name, address and/or payment details. 3.2 You agree that Web Your Business may disclose your name and address where so required under a court order or police warrant or where it comes to Web Your Business's attention that you are using your web pages in order to perform an illegal activity. 3.3 You warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the WYBH service in accordance with this Agreement. You agree to be responsible for the use of WYBH service and to comply with your responsibilities and obligations as stated in this Agreement. 3.4 You shall at your own expense supply Web Your Business with all necessary documents or other materials, and all necessary data or other information relating to the WYBH service , within sufficient time to enable Web Your Business to provide the WYBH service in accordance with this Agreement. You shall ensure the accuracy of and shall at your own expense retain duplicate copies of, all such material and insure against its accidental loss or damage. Web Your Business shall have no liability for any such loss or damage, however caused. 4. USAGE 4.1 Web Your Business will not monitor the contents of your pages. Files that you upload to your web pages are subject to withdrawal without notice by Web Your Business upon complaint about their content where Web Your Business at their sole discretion deem this necessary. 4.2 You warrant that any information (including statements of opinion or advice) which you place on your web pages is accurate, truthful and reliable. You warrant that you are authorised to provide any information which you do so on your web pages (for example if you are providing financial information, that you hold any necessary authorisation under the Financial Services Acts etc.). 4.3 You agree to keep secure your Web Your Business identification (login, password and other confidential information) relating to your account. 4.4 You are personally responsible for the use of your account and the secrecy of your password. If you are a corporate user then the company is also jointly and severally responsible, together with the individual using the account. In addition, you are deemed to be logging onto the system (i.e. the authorised person for that account) when an account is logged on by using your correct Web Your Business identification and password. You must also tell us immediately if someone steals your password or if you find someone else is using your Web Your Business identification. The Web Your Business system will not accept the use of any Web Your Business identification more than once so this should never happen unless someone has got access to your login and password). We will change your password for you if this is the case. You agree to co-operate with us and the police concerning any legal action taken arising from the misuse of your account by anyone else. 4.5 We cannot guarantee that the Web Your Business system will never be infiltrated by unauthorised users or hackers. You data pages may not be secure against hackers and you take that risk. If you find evidence of infiltration, please let us know and we will take steps both to try and prevent it and to notify the proper authorities; 4.5.1 You are not authorized to scan, or cause others to scan our networks for problems or vulnerabilities. As a hosting provider we take our network seriously and can not allow every customer to scan, or hire others to scan our servers for vulnerabilities. If you have concerns about our network, please bring them to our attention. Exceptions to this section may be allowed for dedicated server and/or colocation customers by prior arrangement. Without prior written consent, all client authorized scanning of our network shall be considered a breach of our terms of service. 4.6 You are entirely responsible for the content of your web pages. You may not, under any circumstances, use your web pages to do any of the following: 4.6.1 publish, post distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information; threaten, harass, stalk, abuse, disrupt or otherwise violate the legal rights (including rights of privacy and publicity) of others; 4.6.2 engage in illegal or unlawful activities; 4.6.3 make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; 4.6.4 make available / upload files that contain a virus or corrupted data; 4.6.5 falsify the source or origin of software or other material contained in a file that you make available on your web pages 4.6.6 act, or fail to act, in your use of the WYBH service, in a manner that is contrary to applicable law or regulation. You are entirely responsible for any civil or criminal liability which is incurred as a result of your use of the WYBH service; 4.6.7 send bulk unsolicited e-mail ("Spam"); 4.6.8 use the WYBH service for the dissemination of pornographic or adult materials 4.7 It is your responsibility to make sure that your equipment is properly configured to use the WYBH service s. If you do have any problems, then Web Your Business will provide support: please contact Web Your Business helpline on 0207 510 1041. 5. TERMINATION 5.1 Web Your Business may terminate your subscription at any time prior to expiry of the current term, with or without cause, by not less than 30 days written notice. You may also do the same. 5.2 Where Web Your Business terminates your subscription because you have breached or threatened to breach any of the provisions of this Agreement, or you terminate your subscription without cause, you will not be entitled to any refund of any unused part of your subscription(s). 5.3 Web Your Business expressly reserves the right to terminate or suspend your subscription without prior notice should you fail to comply with these terms and conditions or should Web Your Business deem such action necessary to protect the Web Your Business system and in such circumstances Web Your Business will confirm such termination or suspension by subsequent written notice. 5.4 You will be entitled to any compensation whatsoever in the event of termination and Web Your Business will not be liable for any loss whatsoever in relation to termination of your account in any circumstances. After termination of your account, Web Your Business may if they deem it applicable at their sole discretion post a redirection to any new URL should you desire this. 5.4 Domain name registrations can NOT be terminated - all fees paid for domain registration, URL forwarding, DNS and other domain related services are COMPLETELY non-refundable. 5.5 Termination of the hosting agreement by the client may be made at any time and a refund of the unused portion of hosting charges will be refunded within 28 days of proper notice being given to WYBH of intent to terminate in the event of a change in terms which is unacceptable - no other reason for refund will be entertained. Client will still be liable for any outstanding balances due for services previously rendered, any or all domain registration charge. WYBH reserves the right to apply existing credits against outstanding invoices and provide a statement of any remaining balances or credits within 28 days. 5.6 Accounts which have been terminated will be pointed to a holding page which informs all visitors that the account has been terminated. Similarly, domains registered by or on behalf of clients for future use which utilize the WYBH nameservers shall also be similarly pointed to a page explaining that the domain has been reserved by a WYBH Client. WYBH shall have sole discretion as to the content of such holding page(s). 6. RIGHTS IN MATERIAL 6.1 Web Your Business will not distribute web pages outside Web Your Business without your consent but may include information about you and your web pages in promotional materials and advertising and may make such information available to third parties for promotional or advertising purposes and you agree that files that you have uploaded to Web Your Business may be used in such manner and for such purposes. 6.2 We will not look at any e-mail passing through our servers or allow anyone else access. Mail left on our serve for more than three months will be emailed back to the sender with a message saying "undelivered", and then will be deleted. 6.3 The property and any copyright or other intellectual property rights in any material which you provide to Web Your Business shall belong to you. 6.4 You must respect the third party copyright in software or other material provided by Web Your Business to you and refer to the terms provided with the software or other material by the copyright owners. Many of the software titles on the CD-ROM supplied by Web Your Business are shareware. If you continue to use any of the shareware applications, you should register the software in accordance with the author's shareware license. 6.5 Any material or other information provided by you to Web Your Business which is so designated by you shall be kept confidential by Web Your Business, and all information provided by Web Your Business which is so designated by Web Your Business shall be kept confidential by you; but the forgoing shall not apply to any documents or other materials, data or other information which are public knowledge at the time when they are so provided by either party, and shall cease to apply if any future time they become public knowledge through no fault of the other party. 6.6 You warrant that any material which you provide to Web Your Business and its use by Web Your Business for the purposes of providing the WYBH service will not infringe the copyright or other rights of any third party, and you shall indemnify Web Your Business against any loss, damages, costs, expenses or other claims arising from any such infringement. 7. CHARGES 7.1 You agree to pay all charges for your use of WYBH service at the charges applicable from time to time as indicated on the Web Your Business web site. 7.2 Web Your Business makes no charge for usage of up to 2Gbs of bandwidth per month. Contact sales for prices for heavier usage. 7.3 Web Your Business reserves the right to change prices or institute new charges for use of Web Your Business at any time upon not less than thirty (30) days' notice. All changes will be posted on the Web Your Business web site. 7.4 Web Your Business may make an additional charge if, in Web Your Business's opinion, this is required as a result of your instructions of lack of instructions, the inaccuracy of any material provided by you or any other cause attributable to you. 7.5 All charges quoted to Web Your Business for the provision of WYBH service s are exclusive of any Value Added Tax, for which you shall be additionally liable at the applicable rate from time to time except for cases where the VAT inclusive price is specifically mentioned. 7.6 Payment of your account balance is due at inception and subsequently on the monthly, quarterly, or annual anniversary thereof, according to the payment due date on the invoice. Where payment is not made within the payment due date, your account may be suspended or terminated at our discretion. You agree to pay a reconnection fee of $45 if you wish to be reconnected to the WYBH service after Web Your Business has terminated your account due to late payment. 8. STORAGE Your annual subscription covers the cost of up to 20MB of file storage. We reserve the right to charge for additional space used at our current rates in force at any time. 9. ADVERTISING ON WEB YOUR BUSINESS If you advertise or offer to sell goods or services via your web pages, you undertake to provide goods in conformity with any description and warranties given and to comply with your obligations to credit card issuers. You agree to comply with all relevant Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts etc. If you are advertising goods in the course of a trade or business this must clearly be so stated. 10. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY 10.1 Web Your Business make no representations or warranties to you regarding the usability, availability, condition or operation thereof. 10.2 Web Your Business will at all times use best endeavours to attempt to maintain an uninterrupted and error-free service, however Web Your Business make no representations or warranties regarding the services provided by them and do not warrant that use of Web Your Business will be uninterrupted or error-free, or that the Web Your Business services will meet any particular criteria of performance or quality. Web Your Business can not accept any responsibility for interruption to the WYBH service if this is due to circumstances beyond Web Your Business's direct control, in particular interruption to telephone or networks links which are provided to Web Your Business by third parties 10.3 Web Your Business expressly disclaim all implied warranties and conditions in relation to all goods and services supplied to you, including without limitation, warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security or accuracy. 10.4 Web Your Business will at all times use reasonable endeavours to attempt to maintain and safeguard your data on the Web Your Business system however Web Your Business accept no responsibility for any loss or damage to data or any loss. 10.5 Your use of the Web Your Business system is at your own risk. You accept full responsibility for such use and the risk of any loss resulting from use of the Web Your Business system and the content of your pages. You also accept full responsibility for safeguarding your own data. Web Your Business reserve the right to do normal system housekeeping such as creating back-ups BUT do not accept responsibility for ensuing the success of back-ups. You should make a backup of your data before installing any software from any disk or CD-ROM supplied by Web Your Business. Web Your Business cannot be held responsible for any loss of data or other consequences which may result from the use or misuse of any such software, disk or CD-ROM. 10.6 In any event (except in respect of personal injury or death caused by Web Your Business's negligence in respect of which Web Your Business do not seek to exclude or limit their liability), Web Your Business's maximum liability for tort or breach of contract will not exceed the charges payable in respect of the WYBH service in the twelve month period prior tot he date on which the rot or breach occurred, or if at such date this Agreement has not been in place for twelve months, the first twelve months of the Agreement. 10.7 Web Your Business do not accept any responsibility whatsoever for anything posted on the Web Your Business system (except by one of our staff) and you agree by using the system that Web Your Business system that Web Your Business will not be liable for any direct, indirect, special, consequential, exemplary or punitive damages or losses which are incurred in connection with the use of the system even if Web Your Business have been advised of this possibility and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds and you agree to indemnify Web Your Business and hold Web Your Business harmless from and against any and all reasonable claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable legal defence and other legal costs) incurred as a result of your actions on the Web Your Business system or materials of information transmitted by you in connection with the Web Your Business system, the use of your web pages, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever. This means that you may have to pay us where other users or third parties make claims against us. 10.8 Web Your Business will notify you promptly of any claim for which Web Your Business seeks indemnification at the currently supplied address. Web Your Business will give you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to Web Your Business's interests, as reasonably determined by Web Your Business and/or their lawyers. 11. DOMAIN NAME SERVICES 11.1 If you have requested domain name registration and/or renewal services, Web Your Business will obtain the required domain name on your behalf, subject to availability. 11.2 Initial registration of a domain name is treated as a pending registration. It is only converted to a full registration upon payment by you of the appropriate fee to Web Your Business in time for it to be remitted to the relevant domain registry no later than one month in time the date of the pending registration or as otherwise required by the domain registry. If this condition is not met the pending registration may be cancelled and the domain name may be registered subsequently by another applicant. 11.3 Web Your Business will use reasonable endeavours to transfer your domain name to another Internet service provider within 5 working days after receiving written notice from you to do so. Web Your Business do not accept any responsibility for any loss of data (either from your web pages or your e-mails) due to the transfer of your domain name to or from Web Your Business. 11.4 If you do not pay Web Your Business the appropriate fee for the maintenance of a domain name registration within the due date on Web Your Business's invoice for such fee, then Web Your Business will be entitled , subject to giving you seven day's written notice, to cancel the registration and the domain name may be registered by another applicant. In addition, Web Your Business will be entitled to refuse to transfer your domain name until all monies due from you to Web Your Business have been paid in full. 11.5 Non-Profit accounts are discounted by a significant portion of our regular hosting account prices - in return for such discount, the website will be required to link to AAA Business Hosting at the bottom of each page of the site. Please submit a helpdesk ticket for APPROVED code to link back to AAA Business Hosting. Failure to display the proper link to AAA Business Hosting on all pages will result in a loss of non-profit status on your hosting account. Any or all differences in fees between our regular and non-profit hosting rates will become due from the beginning of the hosting account until current, or end of current hosting term (monthly, quarterly or annual term). Further invoices will be generated at the regular account price until such times as the approved links are restored. 12. NOTICES AND CONSENTS 12.1 Notices given by Web Your Business to you will be given by e-mail or by a general posting on Web Your Business's web pages, or by conventional mail. 12.2 In any matter requiring Web Your Business's prior consent, an authorised representative of Web Your Business must give such consent in writing. 12.3 Notices to Web Your Business may be sent by you to by e-mail to info@webyourbusiness.com, by fax or conventional mail and must be confirmed by conventional mail. 13. ASSIGNMENT OF RIGHTS Neither party will assign this Agreement or any benefits or interests arising under this Agreement without the prior written permission of the other party not to be unreasonably delayed or withheld. 14. GENERAL TERMS AND LAW 14.1 If Web Your Business suspect that you are using your web pages to carry out illegal activity, we may notify the appropriate authorities and reserve the right to do anything on the Web Your Business system which our lawyers advise us to do in the protection of the Web Your Business system. 14.2 This Agreement is governed by the laws of the England and Wales, and you consent to the non-exclusive jurisdiction and venue of the Central London County Courts or the London High Court in all disputes arising out of or relating to your use of the WYBH service . 14.3 Web Your Business's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement affects Web Your Business's right to comply with law enforcement requests or requirements relating to your use of the WYBH service or information provided to or gathered by Web Your Business with respect to such use. 15. SEVERABILITY If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice). 16. NO WAIVER No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breach of this Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision. 17. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between Web Your Business and you with respect to your use of the WYBH service and the Web Your Business system, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Web Your Business and you with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement. You irrevocably and unconditionally waive any right you may have to claim damages for any misrepresentation or warranty not contained in this Agreement unless the misrepresentation or warranty was made fraudulently. The address for communication to Web Your Business by conventional mail shall be: Web Your Business Inc 1714 Topaz Dr Suite 145 Loveland Colorado 80537 The telephone number shall be 970 593 6260 The facsimile number shall be 970 593 6257 E-mail to hostinginfo@webyourbusiness.com © 2005, Web Your Business Inc.