WEBSITE HOSTING CONTRACT and TERMS OF SERVICE

THIS CONTRACT is made and entered between WorldConnX, having offices at 115 W. Central Avenue, Titusville PA 16354 and 436 N. Center Street, Corry PA 16407, hereinafter referred to as WorldConnX and the Client listed on the Domain Hosting Agreement, who wishes to use the services of WorldConnX in accordance with WorldConnX's Domain Hosting Agreement and this Contract and Terms of Service.

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. SERVICE DESCRIPTION: As a World Wide Web service provider, WorldConnX provides dedicated server computers, which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Client wishes to connect a web site(s) to the World Wide Web utilizing the hardware and software resources of WorldConnX to establish an Internet web presence on one of WorldConnX's server computers.

1a. SPAM (unsolicited email): WorldConnX has a strict NO SPAM policy. Any account that ignores this policy and sends SPAM anyway will be terminated. By signing the Domain Hosting Agreement and/or use of the service, you agree you will not send any SPAM related to your site from any computer.

1b. ADULT SITES: WorldConnX does NOT host adult sites, nor sites that generally would be perceived as being of adult nature based on language, content, photos, images, including nudity of any form. If any of these occur on an account, the account will be terminated.

1c. ILLEGAL INFORMATION: WorldConnX does NOT host any site that contains or promotes illegal products or information of any kind. If any of these occur on an account, the account will be terminated.

1d. MISCELLANEOUS CONDITIONS: Client hereby agrees that all domain names and any material submitted for publication on WorldConnX's servers through client's account(s) will not contain anything leading to an abusive or unethical use of the web hosting product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, hacking, warez, and any harassing, offensive and/or harmful materials or uses. WorldConnX management retains the right and final opinion regarding whether any portion of a site falls within one of these categories. Client hereby agrees to indemnify and hold harmless WorldConnX from any claim resulting from your publication of materials or your use of those materials. Violations of WorldConnX's Terms Of Service may result in immediate account termination and WorldConnX reserves the right to charge up to $50.00 clean-up fee.

1e. MISCELLANEOUS FEES: If the Client's website uses over the agreed amount of bandwidth and/or storage space stated in the Domain Hosting Agreement, monthly charges will be invoiced at the following rates: for bandwidth overage - $5 per 1G over per month, for storage space overage - $5 per 100 Megs of storage space over per month. Any increment over will be considered a billable unit. Parked domains will be billed at $5 per month. A parked domain is any domain that is one of the following 1) points to another domain 2) points to WorldConnX's under construction page 3) is for email only.

2. CONDITIONS: The Domain Hosting Agreement and this Contract and Terms of Service constitute a binding contract between WorldConnX and the Client and does not extend to any other person or entity. Cancellations after the Domain Hosting Agreement is received and web space is set-up will still hold the Client responsible for server space and the set-up fee (if any) of the web space.

3. WARRANTIES: With respect to the service to be provided herein, the Client acknowledges that WorldConnX makes absolutely no warranties whatsoever, express or implied. As a result, the Client agrees that WorldConnX shall not be liable to the Client for any claims or damages which may be suffered by the Client, including, but not limited to, losses or damages resulting from the loss of data (including database data in any format), email data, delays, non-deliveries, or service interruptions. The client also acknowledges that by using any shopping cart system, whether provided by WorldConnX or not, WorldConnX will not be held responsible for charge backs, errors, loss of revenue, loss of data, web server failure, downtime, or any disputes that may arise from the use of any shopping cart system.

4. INFORMATION: The utilization of any data or information received by the Client from the utilization of the service to be provided by WorldConnX is at the Client's sole and absolute risk. WorldConnX specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

5. DOMAIN NAME: If WorldConnX shall acquire an Internet Domain Name on behalf of the Client, then in such case the Client hereby waives any and all claims which it may have against WorldConnX, for any loss, damage, claim or expense arising out of or in relation to the registration or renewal of such Domain Name, including but not limited to, registration in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by WorldConnX for any reason.

6. PAYMENT: Any set-up fee (when applicable) is due at the time the DOMAIN HOSTING AGREEMENT is filled out, and submitted to WorldConnX. Subsequent payments are due according to the Domain Hosting Agreement following the establishment of the web space on the Internet. Web space will be billed a minimum of one (1) month in advance. Payments are due by the first of the month. In the event that the Client fails to pay for such services in advance, WorldConnX shall be entitled to unilaterally terminate this Contract and discontinue the service until payment is made.

Contract Renewal: All contracts are automatically renewed for another term unless a written notice of cancellation is given at least two weeks in advance. Notice by email is acceptable. Any increment of a month shall constitute a full month payment due. If no correct notice of cancellation is given, all contracts will be automatically renewed for another term under the same conditions.

If client disputes justified charges by WorldConnX on his credit card, WorldConnX has the right to charge a $25 administration fee and immediately discontinue service.

WorldConnX reserves the right to refuse service to anyone at any time. WorldConnX reserves the right, in its sole discretion, to deactivate your account(s) without further warning upon an indication of credit problems including delinquent payments, or if this service contract is violated, or if Client's account or the traffic on this account causes any kind of network or server problem or disturbances.

7. UNILATERAL SERVICE REVOCATION: In the event that WorldConnX may at any time believes that the service is being utilized for unlawful purposes by the Client or in contravention with the terms and provisions herewith, WorldConnX may immediately discontinue such service to the Client without liability.

SPAM: In the event that WorldConnX determines the account to be participating in any way with SPAM, including mining of email addresses, sending unsolicited email, or any other form of SPAM, WorldConnX may immediately discontinue such service to the Client without liability.

Indirect Storage and/or Processing: WorldConnX does not allow our servers to be used as a storage location for download or access of files of any type (.exe, .doc, .pdf, .asp, .htm, .gif, .jpg etc.) that are not directly related to the account which we host. Also, WorldConnX does not allow our servers to be used to process scripts and forms which do not directly relate to the account which we host. Basically, if it's related to your site, that's fine. If it's related to someone else's site, it should be on their server.

Email Services: Email accounts (POP3) are intended to be used directly by the individual/company/organization associated with the domain that we host. It is strongly recommended to use an email program like Outlook Express to retrieve the email from the POP3 account and store the emails locally. Due to the ever-changing nature of email, the email POP3 accounts are not backed up (unless service is included in the Domain Hosting Agreement), and in accordance with Item 3 above, WorldConnX shall not be liable for any loss of email data stored on the email server(s). Storage of received, sent and any other format of email is considered in determining the total disk space used for the account. Likewise, email traffic is considered in determining the total traffic/bandwidth used by the account.

8. MATERIAL and INDEMNIFICATION: Client hereby agrees that all domain names and any material submitted for publication on WorldConnX's server(s) through client's account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Client hereby agrees to indemnify and hold harmless WorldConnX for any claim resulting from the submission of illegal materials, any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against WorldConnX on the grounds of such violation. Violations to WorldConnX's Terms Of Service will result in immediate account termination and WorldConnX reserves the right to charge up to $50.00 clean-up fee.

9. CHANGES IN TERMS OF SERVICE: WorldConnX reserves the right to make changes to the terms and conditions of this Agreement. It is the Client's responsibility to periodically review the Web Hosting Contract and Terms of Service Agreement). Utilization of the service by the Client following the effective date of such change shall constitute acceptance by the Client of such change(s). Updated Terms of Service may be found at www.worldconnx.net/tos/hosting.php

10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the Domain Hosting Agreement for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

11. GOVERNING LAW: This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania in the United States of America. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.

12. CGI-SCRIPTS: You are free to use any CGI scripts you wish, as long as it does not negatively affect another site on the Internet, nor can it be used for anything illegal. WorldConnX reserves the right to disable any CGI script or script access on an account.

13. REFUSAL OF SERVICE: We reserve the right to refuse or cancel service at our sole discretion. Failure to comply with any of our policies will result in immediate termination of services. No refunds will be issued under these circumstances.

14. LOG FILES: Log files may be deleted on a periodic basis. Users are responsible for downloading their log files if user needs the log files. It is recommended that clients who wish to maintain a history of their log files download them monthly.

15. CPU, MEMORY, DISK SPACE: It is a violation for anyone to post information or to include programs, scripts, images on the web space provided through the WorldConnX services which consume excessive bandwidth, CPU time or storage space. For most web sites (probably over 90%) this isn't even an issue. If your site(s) violate this agreement, WorldConnX will make every effort to contact you to correct the problem, however WorldConnX reserves the right to de-activate your site(s) service immediately and it will become subject to termination. We understand sites grow, and may need more disk space. That isn't the concern here. Extremely excessive disk space usage is not permitted.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.