USER AGREEMENT

This User Agreement ("Agreement") is an agreement between CED-HOSTING Ltd., ("CED-HOSTING"), and the party set forth in the related order form ("Customer" or "you") incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services ordered by Customer on the Order Form (collectively, the "Services").

PLEASE READ THIS AGREEMENT CAREFULLY.

BY CLICKING ON THE BUTTON ON THE ORDER FORM CREATES A CONTRACT BETWEEN CUSTOMER AND CED-HOSTING, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING CED-HOSTING'S USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

AGREEMENT
This Agreement sets forth the Standard Terms and Conditions that apply to the use of the CED-Hosting Web Hosting Services. YOUR USE OF THE CED-Hosting WEB HOSTING SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use the services to which such terms apply.

USER CONDUCT
You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.

USER ELIGIBILITY
You represent and warrant that you are the person legally responsible for all use of this account, and are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to participate, and the account must be opened and maintained by a parent or legal guardian, in their name. You agree to provide
CED-Hosting with your full legal name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

CONTENTS OF MESSAGES
You are responsible for the contents of your messages and your website and the consequences thereof. You agree not to do anything that would restrict or inhibit any other user from using and enjoying the Internet. You further agree not to use CED-Hosting to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or may otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. CED-Hosting reserves the right to terminate your account without prior notice if CED-Hosting becomes aware of and determines, in its sole discretion, that you are violating any of the foregoing guidelines.

UNLAWFUL OR PROHIBITED USE
As a condition of your use of the CED-Hosting Service you warrant to CED-Hosting that you will not use the CED-Hosting Service for any unlawful purpose.

TERMS OF PAYMENT
You agree to pay CED-Hosting appropriate payment for the services received from CED-Hosting, in advance of the time period during which such services are provided. You agree to provide CED-Hosting with current billing and contact information and authorize CED-Hosting to bill all account and related charges to the credit card on file. You further agree that until and unless you notify CED-Hosting of your desire to cancel any or all services received, and you complete the cancellation process, those services will be billed on a recurring basis. You agree that prepayments will be billed and charged automatically, that CED-Hosting may apply the amount due to the provided card at any time, and will issue absolutely no refunds. If your credit card is denied for any reason on the first attempt, we will automatically attempt to resubmit such a card within ten business days of the original attempt. A credit card resubmission fee of $10.00 will be charged against the account for every time we attempt resubmission. Should the card be denied again, we may terminate the account, and the resubmission fees (up to $50.00 per month) will need to be paid before the account can be reactivated. All files within the account may be deleted on termination. You may notify us in advance of your next billing cycle your desire to provide for alternative payment arrangements. CED-Hosting reserves the right to change prices at any time.

WEBSITE CONTENT
You are responsible for keeping a copy of your most current website files as backup on a remote system.
CED-Hosting is not responsible for any lost files, information, or data.

USER RESPONSIBILITIES
You may not initiate any of the following on the CED-Hosting servers:
• Any process that requires more than 4Mb of memory space, more than 15 CPU seconds, or uses more than 1% of all available system resources at any time.
• Any type of interactive real-time chat applications that require server resources. These do not include applications such as WebChat,as remotely hosted services are fully allowed.
• Any other service that performs CGI services for any site not within the account, such as a banner exchange.
• Any stand-alone, unattended server-side processes. This includes any and all daemons, such as IRCD (internet relay chat daemon).
• Any software that interfaces with an IRC (Internet Relay Chat) network.
• Any site with adult-oriented content,including but not limited to any pornographic or sexually explicit material. CED-Hosting is required by law, to notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through,CED-Hosting's network.
• Any adult modeling site.
• Any Casino type site that promotes and or contributes to any form of gambling

Users are also required to abide by the following rules:
• No database may be used for logging of information available through our server logs (ie traffic counters). Please contact us if you need detailed statistics for your website, we can work with you to develop a manageable solution.
• Databases are only to be used for CED-Hosting-hosted websites, and no outside access will be granted.
No cron job may run more than once every two hours.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by CED-Hosting, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future CED-Hosting policy decisions.

ZERO TOLERANCE SPAM POLICY
CED-Hosting takes a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice, and will be billed at a rate of $10 for each recipient to whom the message was sent, regardless of whether the messages were sent from our server, or from another server advertising a site hosted on our servers. CED-Hosting reserves the right to require changes or disable as necessary any website, account, database, or other component that does not comply with this policy, at its sole discretion. CED-Hosting also reserves the right to make any such modifications in an emergency at our sole discretion.

MONITORING OF SERVICE
You agree that CED-Hosting has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. CED-Hosting reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. CED-Hosting also reserves the right to refuse refunds in cases where CED-Hosting believes abuse has taken place. CED-Hosting reserves the right to monitor any and all communications through or with our facilities. You agree that CED-Hosting is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

SHARING OF ACCOUNT SPACE & RESALE RESTRICTIONS
You represent and warrant that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You agree that as a reseller, you are the individual solely responsible for all use of the account.

REFUND POLICY
Refunds are given for accounts cancelled within the first 30 days of your contract, excluding setup fees and any charges for overages, provided the cancellation request is submitted via our cancellation form at http://CED-Hosting.com/cancel.php. After the initial 30-day period, no refunds are given.

TERMINATION
CED-Hosting may terminate this agreement and your access to any or all CED-Hosting related services at any time, with or without cause, effective immediately. CED-Hosting shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by CED-Hosting to have violated these Terms of Service may be barred from receiving any services from CED-Hosting.

You may terminate this Agreement at any time by e-mailing the support department at CED-Hosting, who will then provide you with a form that must be completed and returned before your account can be cancelled. No refund shall be issued. CED-Hosting must receive all termination requests by midnight on the end of the previous month in order to avoid paying for the next month's service.

RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

COPYRIGHT AND TRADEMARKS
All contents of the CED-Hosting Website are proprietary to CED-Hosting, and/or its suppliers and are protected under Copyright. All rights are reserved. CED-Hosting reserves any rights not expressly granted herein.

SEVERABILITY
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

SURVIVABILITY
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless CED-Hosting against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorneys' fees) or claims caused by or resulting indirectly from your use of the service, without limitation or exception, including your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with CED-Hosting.

REMEDY
You agree that your sole and exclusive remedy to any issues relating to the CED-Hosting Service is to discontinue using the Service.

ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.

WAIVER
The failure of CED-Hosting to enforce a provision of this Agreement shall not be construed as a waiver or limitation of CED-Hosting's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

MODIFICATION OF TERMS
CED-Hosting reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the CED-Hosting Website. You are responsible for regularly reviewing these documents. Continued use of the CED-Hosting Web Hosting Services after any such changes shall constitute your consent to such changes. CED-Hosting does not and will not assume any obligation to notify you of any changes to the Terms of Service.

Revised: March 2006
 
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