This Web Site Hosting Agreement ('Agreement') is by and between Wirespider, 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 Wirespider’s Web Site Hosting ('Web Hosting') services and represents the entire agreement between You and Wirespider. By using Wirespider’s 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 Wirespider may establish from time to time. You may view the latest version of this Agreement at any time at http://www.wirespider.com/?page=Terms-of-Service

1. Age
You certify that You are at least 18 years of age and are authorized to enter into this Agreement on Your own behalf or that of Your respective party.

2. Your Information and Obligations
You represent and warrant that the information You provide in Wirespider’s contact information forms is true, accurate, current and complete. You agree to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by You is found or suspected to be untrue, inaccurate, not current or incomplete, Wirespider, in its sole discretion, will have the right to suspend or terminate its Web Hosting services and terminate your account.

3. Service Description and Rates
You agree to pay Wirespider a monthly Web Hosting fee that is commensurate with Your selected hosting plan. You agree to pay the appropriate monthly fee in advance, and You shall be liable to pay the full month’s fee, even if the service is terminated before the end of the month for any reason. You expressly recognize that Internet servers and links are susceptible to crashes and down time. Wirespider warrants that it shall maintain a consistent link with the Internet, but Wirespider cannot and does not warrant that it shall maintain a continuous and uninterrupted link.

4. IP Addresses
Wirespider will allow the use of IP addresses to You for the length of the contract. These IP addresses are the sole property of Wirespider and will be retained after service has ceased. Wirespider, in its sole discretion, reserves the right to revoke or change Your IP address designation at any time.

5. Domain Registration, Renewal, and Transfer

1. Registration. Wirespider will make every effort to register, transfer and/or renew Your requested domain name. This is not a guarantee that Your requested domain name is available for registration, transfer and/or renewal. Wirespider does not guarantee that You shall be assigned Your desired name, and Wirespider is not responsible for any Domain Name that has been issued to any other entity. YOU AGREE THAT YOUR DOMAIN NAME MAY GO UNREGISTERED, UNTRANSFERRED, AND/OR RENEWED, AND THAT THIS WILL NOT BE GROUNDS FOR COMPENSATION OF FINANCIAL DAMAGES OR LOSS, AS DETAILED IN SECTION 9 of this agreement, LIMITATION OF LIABILITY.
   An order for domain name registration, transfer and/or renewal, does not guarantee domain name registration, transfer, and/or renewal. Domain names will not be registered, transferred, and/or renewed until payment is received. If requested domain name is paid for, to Wirespider, and subsequently not registered, transferred, and/or renewed by Wirespider, the domain registration fee will be refunded.
2. Your Warranty of Ownership and Non-Infringement. You expressly confirm and warrant that You are the owner of, or are duly authorized by the owner to use, any trademark or name requested or allocated as Your Domain Name. You further warrant that neither Your nor Wirespider’s use or registration of Your Domain Name constitutes infringement of any other entity's Intellectual Property Rights.
3. By placing an order for domain registration, You agree to the Uniform Domain-Name Dispute-Resolution Policy and the Domain Registration Agreement .
4. Your Indemnification of Wirespider. Wirespider shall not undertake to resolve any disputes or litigation on Your behalf involving Domain Name registration, and You agree that You shall indemnify, hold Wirespider harmless, and defend Wirespider against any disputes involving Domain Name use or registration.

6. SPAM and Unsolicited Commercial Email (UCE)
Wirespider takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that You may not use or permit others to use our network to transact in UCE. You may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

1. Violation of Wirespider's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Wirespider will initiate an immediate investigation (within 48 hours of notification). During the investigation, Wirespider may restrict Your access to the network to prevent further violations. If you are found to be in violation of our SPAM policy, Wirespider may, at its sole discretion, restrict, suspend or terminate Your account. Further, Wirespider reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Wirespider will notify law enforcement officials if the violation is believed to be a criminal offense.
2. First violations of this policy will result in an "Administrative Fee" of $250 and Your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of Your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Wirespider personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

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

8. Indemnification
You confirm and warrant that You are the sole provider of Your goods or services, that Wirespider is merely Your Internet communication medium, and that Wirespider is not Your selling agent, distributor, marketer or other affiliate. You confirm and warrant that You shall not offer or sell any goods or services that are illegal in light of the purchaser's age, jurisdiction or other circumstance, that infringe any rights of others, or that are defective. You hereby indemnify Wirespider, hold it harmless, and agree to defend Wirespider against any liability which may arise from Your provision of any goods or services through Wirespider’s Internet facilities. Your indemnification of Wirespider shall survive any termination of this agreement. You agree to release, defend, indemnify and hold harmless Wirespider 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 Wirespider and/or Your use of Wirespider’s Web Hosting services.

9. Limitation of Liability
The goods and services provided by Wirespider are provided AS IS, WITHOUT WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: (1) MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) EFFORT TO ACHIEVE PURPOSE; (4) QUALITY; (5) ACCURACY; (6) NON-INFRINGEMENT; AND (7) TITLE. YOU AGREE THAT ANY EFFORTS BY WIRESPIDER TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY WIRESPIDER WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. YOU FURTHER AGREE THAT WIRESPIDER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF WIRESPIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to You. In such jurisdictions, Wirespider's liability is limited to the greatest extent permitted by law.

10. Disclaimer of Warranties

1. WIRESPIDER 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.
2. Downloading of Data or Files at Client's Peril: You expressly recognize that Wirespider cannot and does not guarantee or warrant that files available for downloading through Wirespider will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You agree that You shall be solely responsible for implementing sufficient procedures to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to Wirespider for the reconstruction of any lost data.

11. Wirespider’s Rights
WIRESPIDER RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR HOSTING SERVICES IF, IN WIRESPIDER’S SOLE DISCRETION, YOUR SITE AND/OR ACCOUNT IS THE SOURCE OR TARGET OF A VIOLATION OF THE WIRESPIDER TERMS OF SERVICE OR FOR ANY OTHER REASON WHICH WIRESPIDER CHOOSES. If inappropriate activity is detected, all of Your accounts in question will be deactivated until an investigation is complete. Wirespider reserves the right to, and You agree that Wirespider may, terminate any and all services to client for no cause and without reason.

12. Taxes
Wirespider shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from You or Wirespider’s server. You agree to take full responsibility for all taxes and fees of any nature associated with such products sold.

13. Account Termination
Wirespider reserves the right to terminate any account without previous notice that engages in activities whether lawful or unlawful that Wirespider, in its sole discretion, determines to be harmful to its other customers, operations, or reputation. Examples of this type of activity include, but is not limited to:

1. Illegal use: Wirespider's services may not be used for illegal purposes, or in support of illegal activities.
2. Excessive server resource usage: Accounts that Wirespider, in its sole discretion, determines to be using excessive server resources will be shut down without prior notice. You may not run stand-alone, unattended server-side processes at any point in time on the server. You may not run any software that interfaces with an IRC (Internet Relay Chat) network. Websites with heavy traffic should not run BBS, webcams, forums, and message board programs on our general hosting accounts, due to the massive amount of server resources they require. If an account is shut down due to server resource issues, Wirespider will (upon request) make a reasonable effort to help get the account unsuspended. This includes tracking down the offending program, if applicable, and/or making available other arrangements for hosting the account on a semi-private or private server (additional fees will be required).
3. Network disruptions and unfriendly activity: Use of the Wirespider’s service for any activity which affects the ability of other people or systems to use Wirespiders Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Your responsibility to ensure that Your site is configured in a secure manner. You may not, through action or inaction, allow others to use Wirespider’s network for illegal or inappropriate actions. You may not permit Wirespider’s network, through action or inaction, to be configured in such a way that gives a third party the capability to use Wirespider’s network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Wirespider will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Third-party installed versions of FormMail are forbidden, due to the security risk they pose. Web sites promoting, making available, or otherwise contributing to software piracy, hacking, spamming, denial of service attacks, and/or damage to commercial networks or servers will be removed from our servers without notice and illegal acts will be reported and prosecuted.
4. Copyright or trademark infringement: You may not use the Wirespider service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
5. Adult content: You may not host any content that Wirespider, in its sole discretion, determines to be pornographic in nature.

14. Backups
It is Your responsibility to do all backups of Your site. If, in the unfortunate event, something happens to your files, it is Your responsibility to have a local copy of your files. Wirespider does backup the server on a rotating basis, and if Your files are lost, Wirespider will attempt to restore them as a gesture of good faith, but Wirespider makes no promises whatsoever about whether the files will be brought back successfully or not. Again, backups are Your responsibility.

15. Disclosure to Law Enforcement
Wirespider specifically prohibits the use of our service for illegal activities. Therefore, You agree that Wirespider may disclose any and all of Your account information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to You. In addition Wirespider shall have the right to terminate all service set forth in this Agreement.

16. Severability
If any provision of this Agreement is held to be invalid or unenforceable for any reason whatsoever, 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 provisions shall remain valid and unimpaired, and shall continue in full force and effect.

17. Dispute Resolution Policy
You agree that if a dispute arises as a result of one or more web sites Wirespider is hosting for You, You will indemnify, defend and hold Wirespider harmless for damages arising out of such dispute. You also agree that if Wirespider is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by Wirespider, that Wirespider, in its sole discretion, may take whatever action Wirespider 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

18. Governing Law and Jurisdiction
THE CONSTRUCTION, VALIDITY AND PERFORMANCE OF THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF ALABAMA, AND YOU EXPRESSLY WAIVE ITS CHOICE OF LAW RULES. YOU AGREE THAT VENUE AND JURISDICTION FOR ANY LITIGATION ARISING OUT OF, RELATED TO, OR REGARDING THE VALIDITY OF, THIS AGREEMENT SHALL LIE IN THE COUNTY OF LAUDERDALE, STATE OF ALABAMA.