Contract for Web Hosting Service

THIS IS A LEGALLY BINDING CONTRACT AND BY SIGNING BELOW I AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS

Phoenix Communications Services

WHEREAS, Phoenix Communications Services, is an Internet presence provider connected to the Internet. Phoenix Communications Services offers data storage and transfer services over the Internet through access to its equipment;

WHEREAS, Client seeks to utilize Phoenix Communications Services equipment and software for its own purposes;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

1. phrases "the Company", or "PCS" refers to Phoenix Communications Services. Headquarted at 7700 Ronnie Dr, Suite 100i Texas, USA.

2. The PCS, Web Hosting Service provided to the Client by the Company may only be used in accordance with all applicable laws, statutes, regulations and rules and solely for lawful purposes. Transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, protected material/property, data or material in violation of any National Law of any sovereign nation, or of International Law, the United States Annotated Code, or of any state or local law, statute, regulation or rule is strictly prohibited. This includes, but is not limited to any material, data, matter, software or software code, or intellectual property protected by copyright, trade mark, privacy or other proprietary, personal or property right, trade secret, or any other statute. It is unlawful and a violation of this Contract to communicate, transmit, or promulgate in any matter, means or medium, any threatening, harassing, or obscene material, matter, communication of any sort or to otherwise use the PCS Web Hosting Service for any illegal or unlawful purpose.

3. The Client is solely responsible for the knowledge of any adherence to any and all laws, statutes, rules and regulations pertaining (i) to the Client's use of the PCS Web Hosting Services, (ii) to the use of any networks connected to the Phoenix Communications Services, Internet Service, and (iii) the terms of the Acceptable Use Policy, included in this document by link http://www.phoenixcomm.net/legal/

4. A PCS Web Hosting Service contract is for a one (1) year term. The contract will auto-renew for a new term at the same rate, unless the Client notifies PCS piror 60 days to the contract renewing. It shall be the responsibility of the Client to keep the Company informed as to a valid mailing address to which notice can be sent.

5. Client will provide PCS with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of PCS. PCS shall make no effort to validate this information for content, correctness or usability.

6. Competency

   • The Use of PCS's service requires a certain level of knowledge in the use Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client's Web space by the Client. The following examples are offered:

   • Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing documents, creating graphics, text, sound, image mapping, etc.

   • CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, C Shell scripts, permissions, etc.

   • E-mail: a knowledge of POP3 service, mail forwarding, use of mail clients to receive mail, etc.

   • The Client agrees that he or she has necessary knowledge to create utilize PCS's service without reliance on PCS. Client agrees that it is not the responsibility of PCS to provide this knowledge or Customer Support outside of the defined service of PCS.

7. In the event that any particular clients' material is not "Server-ready", PCS may, at its option and at any time, reject this material, including but not limited to after it has been put on PCS's webservers. This includes PCS's right to disable such non-"Server-ready" materials, such as CGI scripts or programs which consume an unreasonable amount of CPU (Central Processing Unit) usage or RAM (Random Access Memory) as determined by PCS. PCS may also at its discretion at any time, suspend access to any client's website without notice, due to over-consumption of bandwidth, CPU usage, or any other reason which might effect the performance of PCS services. PCS agrees to notify Client immediately of its refusal of the material and/or suspension of the account and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of PCS. If the Client fails to modify the material, as directed by PCS, within a reasonable period of time established by PCS, the Agreement shall be deemed to be terminated.

8. Payment of the PCS Web Hosting Service fee is due on the first day of the billing period of the selected service option. Service started from the first through the fifteenth day of the month is subject to the full monthly service charge of the selected service option. Service started from the sixteenth through the last day of the month is subject to half the monthly service charge of the selected service option. A PCS Web Hosting Service account is in default if payment of the PCS Web Hosting Service fee is not received within 15 days after payment is due. If the Clients payment is returned to the Company unpaid, the Client is immediately in default and subject to a charge of $25 from the Company. Accounts unpaid 30 days after payment is due may have their service interrupted. Such interruption does not relieve the Client from the obligation to pay the PCS Web Hosting Service fee. Accounts in default are subject to an interest charge of 1.5% per month or the Client's state legal maximum allowable rate. If the Client defaults, the Client is to pay the Company its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. An act of default accelerates payments to be due immediately, as credit is no longer being extended.

9. The Client agrees to indemnify and hold harmless the Company, its officers, shareholders, agents and employees and its other Clients from any and all claims, costs, expenses, judgements, causes of actions, attorneys fees, litigation and court costs resulting from the Client's use of the PCS Web Hosting Service in any manner, whether directly, indirectly or by any act of commission or omission.

10. In the event the Company is required to engage the services of an attorney because of a breach by the Client of any of the terms herein contained, the Client agrees to pay all of the Company's reasonable attorneys fees and court costs. Upon breach of this Contract, all of Client's rights and privileges shall be immediately terminated and upon any such termination for breach of the provisions of this Contract, or the breach of any applicable law or statue governing the use of the PCS Web Hosting Service, all Client fees shall be forfeited as liquidated damages to the Company. In the event of litigation both parties agree that the Law of Texas shall apply and both parties consent to the jurisdiction of the state courts of Dallas, Texas.

11. The Client agrees that the Company has the right to delete all data, files or other information that is stored in the Client's account if the Client's account with the Company is terminated, for any reason, by either the Company or Client.

12. The Company shall have the right to suspend service to the Client at any time, and for reasonable cause, without notice. If such a suspension is to last for more than 15 days, the Client will be notified as to the reason.

13. Upon acceptance of the Client's application for PCS Web Hosting Service, the Client will be provided with access to the PCS Web Hosting Service. Permissions for access to the PCS Web Hosting Service shall remain valid and in force and effect during the pendency of this Contract.

14. The Client's rights herein granted cannot be transferred, sold, or used by anyone other than the Client. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation.

15. The Client certifies that he or she is at least 18 years of age.

16. LIMITED WARRANTY.  NO WARRANTY IS MADE BY THE COMPANY REGARDING ANY INFORMATION, SERVICE OR PRODUCT PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED ON THE COMPUTERS OF THE PHOENIX COMMUNICATIONS SERVICES, AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (i) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES, AND (ii) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

17. LIMITED LIABILITY.  ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE CLIENT TO THE COMPANY FOR THE CURRENT MONTH.

18. This Contract represents the complete understanding between the parties as to the subject matter hereof, and supersedes all prior written and oral negotiations, representations, guaranties, warranties, promises, orders, statements or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party. The Company reserves the right to modify these Terms and Conditions by notifying the Client 30 days in advance of the effective date of the modifications.

19. Use of an Phoenix Communications Services, Web Hosting Service account constitutes acceptance of these Terms and Conditions.

IN WITNESS of the above undertakings and agreeing to strictly abide by said Terms and Conditions, the undersigned has attached his hand and seal this __________ day of _______________, 2________.

	CLIENT	PCS
COMPANY NAME:	A+ Electrical Surplus, Inc.	Phoenix Communications Services
TITLE:
PRINT NAME:
SIGNED: