THIS  WEB SITE HOSTING AGREEMENT ("Agreement") is made and entered into by and   between  you, (hereinafter referred to as "Web Site Owner") and RedRose-Treasures Network (hereinafter referred to as "Web Site Host"). 

 WHEREAS, Web Site Host provides hosting of web sites to make such web sites accessible by users who are browsing on the  Internet.

 WHEREAS, Web Site Host maintains servers, software, and other equipment necessary to provide web site hosting services.

 WHEREAS, Web Site Owner is the owner of all rights in and to a certain  web site as described in Exhibit "A" attached hereto.

 WHEREAS, Web Site Owner is the owner of the Internet domain name  identified in Exhibit "A" attached hereto which Web Site Owner represents and  warrants does not infringe upon the trademark or other proprietary rights of any other party.

 WHEREAS, Web Site Owner wishes to have the Web Site Host provide hosting  services for its Web Site subject to the terms and conditions set forth in this Agreement.

 NOW THEREFORE, in consideration of the mutual covenants and agreements of the parties as set forth in this Agreement, the parties hereby agree as follows: 

ARTICLE I
Provision  of Web Hosting Services

 For the entire term of this Agreement, subject to the terms and conditions set forth in this Agreement, Web Site Host hereby agrees to provide the following web site hosting services (the "Hosting Services") to the Web Site  Owner:

 1.1  Provide Web Page Owner with disc space equal to the amount defined in the  Hosting Plan (“Plan”) purchased on the Web Site Host's web site server.  Such disc space shall be used solely for  the purpose of storing the Web Site and data files that are actively used in  connection with the Web Site of the Web Site Owner.  Subject to availability in the  reasonable discretion of the Web Site Host, the Web Site Owner may secure additional server storage space at the rate of $0.25 per twenty-five (25) megabytes per month.

 1.2  Provide Web Page Owner with monthly data transfer bandwidth as defined in  the Plan purchased.  Subject to availability in the reasonable discretion of the Web Site Host, the Web Site Owner may secure additional megabytes of bandwidth per month at the rate of  $2.50 per gigabyte per month.

 1.3  Provide Web Site Owner with POP3 E-mail accounts equal to the amount defined in Plan purchased. Additional e-mail accounts may be purchased for per month per account.

 1.4  Provide access via the Internet to users of Web Site Owner's Web Site, with such access being provided approximately 24 hours per day, with significant  downtime only for normal or catastrophic maintenance, hardware or communication  problems, replacement or upgrading of system components, normal power outages, and other usual factors that may effect downtime and which are not created by the gross negligence of the Web Site Host.  Wherever possible, Web Site Host will communicate expected downtimes to Web Site Owner in advance.

 1.5  Provide online access by Web Site Owner to raw log files and various usage statistic related to the Web Site within the capabilities of Web Site  Hosts equipment and software.

 1.6  Perform and retain backup of the Web Site and all associated data files  periodically based on Web Site Host’s normal backup schedule and following any  significant changes that are made to the Web Site and reported to Web Site Host  in writing.  

ARTICLE II
Changes  To Owner's Web Site

 2.1 Web Site Host will provide File Transfer Protocol gateway which is  password protected and which permits Web Site Owner or their authorized representatives to access and modify the Web Site.  Web Site Owner will be given access to  such password to permit access to the Web Site Owner's Web Site.  Web Site Owner may not change or modify the password in any way during the term of this Agreement.  Web Site Host shall likewise retain possession of such password.

 2.2  Web Site Owner may access through such FTP gateway using the password for the purpose of modifying its Web Site.  Notwithstanding the above, the grant of access and the ability to modify shall not be applicable except in compliance with the terms of a valid licensing agreement, in the event that the Web Site was created as a "work for hire," or in the event that the copyright to the Web Site has been assigned to the Web Site Owner if Web Site  Host created such Web Site.  

 2.3 The customer is responsible for keeping their contact details up to date in their billing control panel. We cannot be held responsible for communication mixup's as a direct result of the customers failure to update their details.

 2.4 Customers are responsible for keeping their usernames, passwords and other sensitive data safe. If a breach is suspected, the customer is required to request a change of login details by contacting support staff.

ARTICLE III
Price  and Payment

 3.1  In exchange for the  Hosting Services to be provided by the Web Site Host pursuant to the terms of this Agreement, Web Site Owner shall pay an annual hosting fee as defined by the Plan purchased.

 3.2 The Hosting Fee shall be solely for the Hosting Services described in this Agreement and shall not pertain to any other services that Web Site Host may provide to the Web Site Owner, including but not limited to technical support, web site development, marketing, search engine placement, advertising,  or any other service.

 3.3 Customers are responsible for the provision of sufficient funds in their account and we will not be held responsible for any charges incurred as a result of overdrawing of the bank account or credit card or as a result of failed transactions.

 3.4 We reserve the right to suspend any account after 5 working days have passed without due payment being received. Any added time for payment will be at our sole discretion.

ARTICLE IV
Representations  And Warranties of Web Site Owner

 4.1 Owner represents and warrants to Host that: (a) Owner owns or has the right to use all material contained in the Web Site, including  all text, graphics, sound, video,  programming, scripts and applets; and (b) the use, reproduction, distribution,  and transmission of the Web Site, or any  information or materials contained in it, on and from Host's server  computer does not: (i) infringe  or misappropriate any copyright, patent, trademark, trade secret, or any other  proprietary rights of  a third party; (ii) violate any criminal laws; (iii) constitute false advertising, unfair competition,  defamation, an  invasion of privacy, violate a right of publicity, or violate any other law  or  regulation.

 4.2 Web Site Owner acknowledges the terms of the Digital Millennium Act of 1998 and the obligations on the part of Web Site Host in the event of a notice from any third party that the Web Site infringes upon the rights of any  third party.  Web Site Owner  consents to the Web Site Host following the procedures outlined in the Act in  the event of a claimed infringement.  Web Site Owner understands and agrees that Web Site host’s compliance with the Act may result in the Web Site being taken off line.  Web Site Owner indemnifies and holds the Web Site Host harmless from and against any and all damages that may result from  the Web Site Host’s good faith compliance with the terms of the Act. 

ARTICLE V
Limitations  of Warranties and Liability

 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, HOST DISCLAIMS ANY AND  ALL EXPRESS WARRANTIES. WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND  IMPLIED WARRANTIES OF MERCHANTABILITY. HOST WILL NOT BE LIABLE FOR ANY LOSS OF BUSINESS OR PROFITS, OR FOR ANY  CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR  SIMILAR DAMAGES, OR, OTHER THAN AS  SET FORTH IN THIS AGREEMENT, FOR CLAIMS OF DAMAGES MADE BY ANY THIRD  PARTY  FOR ANY CAUSE WHATSOEVER,  REGARDLESS OF THE FORM OF ACTION, WHETHER IN  CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF IT HAS BEEN ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES. EACH PARTY  ACKNOWLEDGES THAT THIS LIMITATION  OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE  PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH  THIS AGREEMENT. IN NO EVENT WILL HOST'S LIABILITY EXCEED THE TOTAL PRICE, AS DEFINED IN THIS  AGREEMENT.  

ARTICLE VI
Misuse, Right to Monitor and Remove Unacceptable Sites

 6.1 Host has the right to monitor the Web Site, and in its sole discretion to remove any content that Host  finds  objectionable for any reason, without prior notice to Owner.

 6.2 The sending of Unsolicited Commercial Email (SPAM) through our servers promoting any website or through third party servers promoting a website hosted by us can result in the suspension or termination of the customers web hosting account without refund. Mailing lists may be operated as long as individuals choose to subscribe to receive mailings via clear 'opt in' methods and a strict removal procedure is published in all mailings. 'Safelists' and other advertising related mailing lists may not be operated. Any complaints received are taken seriously and will be investigated.

 6.3 Only the chat room scripts provided for the customer in their control panel are allowed on our server. Any other scripts found will be disabled and the account suspended in serious or repeat cases. An exception to this term is provide for scripts which are FULLY applet based whereby the applet is downloaded and run from the clients system.

 6.4 Under no circumstances must our servers be used for the hosting or communication of, reference to or linking to any of the following:

 6.4.1 nudity, pornography, anything of a sexual, lewd, or obscene nature;
 6.4.2 violations of any copyright or any other right of any third party;
 6.4.3 threatening, abusive, harassing, defamatory statements;
 6.4.4 promotion of illegal activities (hacking, cracking, etc);
 6.4.5 information or software containing or about any kind of virus;
 6.4.6 hate speech or hate propaganda;
 6.4.7 the collection of personal information for illegal purposes;
 6.4.8 content deemed by us at our sole discretion to be harmful to us;

 6.5 We do not allow the use of the following scripts on our servers:

6.5.1 UltimateBBS
6.5.2 IkonBoard
6.5.3 All versions of YABB forum
6.5.4 Proxy scripts
6.5.5 IRC scripts
6.5.6 Anonymizer
6.5.7 Chat rooms not included as standard in the cPanel (see s6.3)
6.5.8 phpShell and similar command execution scripts
6.5.9 FormMail

ARTICLE VII
Indemnification

 7.1 Owner is solely responsible for any liability arising out of or related to the Web Site. Owner agrees to  indemnify and hold Host harmless from and against any and all  liabilities, losses, damages, costs, and  expenses, including reasonable attorney fees and experts' fees, associated with any claim or action brought  against Host related to or arising out of the Web Site or Owner's breach of its warranties under this  Agreement. This indemnification agreement will survive termination of this Agreement.

 7.2 We will cooperate fully with investigations of violation of systems or network security at other sites and will cooperate with law enforcement authorities in the investigation of possible criminal violations. Customers who violate these terms may incur in criminal or civil liability.

ARTICLE VIII
Term of Agreement

 This  Agreement will take effect on the Effective Date and remain in effect for a  period of twelve (12) months, unless  sooner terminated pursuant to the terms hereof. 

ARTICLE IX
Termination

 9.1 Either Party may  terminate  this  Agreement, with or without cause,  upon 10 days prior written notice to the other party.  Termination of this Agreement prior to the end of the term hereof shall not effect the obligation of the Web Site Owner  to continue to pay the entire hosting fee hereunder through the entire term  hereof.

 9.2 We reserves the right to add, delete, or modify these Terms and Conditions, our hosting packages, prices and website at any time with notice provided via WWW and/or customer control panel(s). All customers are encouraged to check this document at least once a month to ensure they are aware of any changes.

 9.3 If a breach of these terms and conditions is found we will, at our sole discretion, determine whether it is a serious or minor breach. If a serious breach of these terms is found we reserve the right to suspend the account(s) of the customer in question or disable any part of the account before contacting them. We will however make an attempt to contact the customer prior to suspension in the event of a minor breach using the email address we have on record for your account. If no reply is received within 3 days we will escalate the status of the breach to a serious breach and may suspend the account(s).

ARTICLE X
Miscellaneous

 10.1  This Agreement may not be assigned by either Party or by operation of law to any other person, firm,  or entity without the express written approval of the other Party.

 10.2  This Agreement may be amended at any time and from time to time, but any  amendment must be in  writing and  signed by each Party to be bound.

 10.3  Either Party will be excused from delays in performing or from failing to perform its obligations  under this  Agreement to the extent they act diligently to remedy the cause of the delay or failure.

 10.4  This Agreement is a negotiated document and shall be deemed to have been  drafted jointly by the  Parties, and no rule of construction or interpretation shall apply against any particular Party based on a  contention that  the Agreement was drafted by one of the Parties. This Agreement shall be construed and  interpreted in a  neutral manner.

 10.5  If any term, provision, covenant, or condition of this Agreement is held  by a court of competent  jurisdiction to be invalid or unenforceable, the rest of the Agreement  shall remain in full force and effect  and shall in no way be affected or  invalidated.

 10.6  This Agreement, including all Exhibits, Appendices, and Attachments,  contains the entire agreement  of  the Parties relating to the rights granted and obligations assumed herein. Any  oral representations or  modifications concerning this instrument shall be of no force or effect  unless contained in a subsequent  written modification signed by the Party to be charged.

 10.7  This Agreement shall be governed. construed and interpreted in accordance with the laws of the State  of Texas (without respect to principles of conflicts of law), and  the Parties hereby submit to  jurisdiction of and venue in the State of Texas  in any legal proceeding necessary to interpret or enforce this Agreement or any part of  this Agreement.

 10.8  In any action brought under this Agreement, the prevailing party shall be entitled to recover its actual  costs and attorney fees and all other litigation costs, including expert witness fees, and all actual attorney  fees and litigation costs incurred in connection with the enforcement of a judgment arising from such  action or proceeding. The provisions of the preceding sentence shall be severable from  the provisions of  this Agreement and shall survive the entry of any such judgment. The Parties submit to  jurisdiction and  venue in the State  of Texas in any legal proceeding arising  regarding this Agreement.

 10.9  As used in this Agreement, the following terms shall have the meanings  ascribed to them below:

(a)  The term "Browser" refers to a program used to provide interactive, graphical access to sites on the  World Wide Web.

(b)   The term "Internet" refers to the global network of computers using the  TCP/IP protocol for  communication.

(c)   The term "Web" refers to the World Wide Web. The Web is a graphical  interface used to access sites  on the Internet.

(d)   The term "Web Site" refers to a series of interconnected Hypertext Markup  Language documents  capable of residing on a single host server computer.