Web Hosting / E-mail Services Agreement
and Acceptable Use Policy
Amended March 10, 2007

1. PARTIES and SERVICES
This Agreement is between Sturdy Link™, a wholly owned subsidiary of Cyber Innovations Corporation, (hereinafter referred to as Host) and the user (herein referred to as Client), and does not extend to any other person or entity. Host agrees to provide Internet hosting disk space, e-mail, tools and web site access (herein referred to as Services) as defined in this Agreement for a monthly fee paid by Client.  Web site design, programming and scripting assistance, or web site consulting services are available, if requested by Client, as a separate part of Host's business and not included in the Services fee. Host provides a choice of several Services plans which contain different limits on features, data transfer, and e-mail accounts. Additional fees may be charged according to the selected Services plan if Client exceeds monthly limitations. These limitations and costs are posted on Host's web site. Host does not provide the Internet connection service to Client's site.  Client is the sole user of the Services and may not resell, lease or reassign Services to a third party.

2. RELATIONSHIP
The relationship between the parties is that of vendor and customer.  The parties are independent entities and nothing contained in this Agreement shall be construed to constitute Client or Host as an agent, employee, partner, independent contractor, joint venture, or any other similar entity.

3. PAYMENT OF SERVICES
The Services fee begins upon initiation of Services and is due monthly in advance until cancellation by either party under the terms of this agreement. In the event Client fails to pay for Services, Host shall be entitled to unilaterally suspend Services or terminate this Agreement until payment is made.  Host will make reasonable attempts by telephone or e-mail to notify Client before suspension or termination.  Services may be reactivated after all outstanding charges are paid.

Client shall be responsible for payment of Services used until the time of cancellation.  Any remaining prepaid account balance beyond the calendar month of cancellation will be refunded to Client within 15 days of cancellation.  Host will NOT return any money for services already rendered before the cancellation notice.  Payment for all services up to the time of cancellation are due and payable.

Host shall provide Client with 30 days advance notice of a price change. Checks returned due to insufficient funds are subject to a $15 processing fee.  Annual domain name registration fees are separate from Host Services, and Client is responsible for timely payments to their registrar for continued domain ownership. 

If Client elects to pay for Services by credit card,  Client agrees and authorizes Host to automatically bill and charge Client's credit card for successive monthly Services until this agreement is cancelled by either party, or an alternative method of payment is agreed in writing by both parties.  Charges will appear as "Cyber Innovations / Sturdy Link".

All monetary transactions occur in United States dollars.

4. SERVICES CANCELLATION BY CLIENT
Cancellation notice by Client shall be made in writing and delivered via postal mail or e-mail to CustomerService@SturdyLink.com. Cancellation must be done by the owner or designated account administrator on record.

If cancellation is made within the first 30 days of Services initiation, Client shall not be liable for Services costs other than those paid to third parties on behalf of Client, such as Domain Name registration fees. If cancellation is made after the first 30 days. 

Cancellation is not considered to be received or effective until we acknowledge cancellation in writing by email or postal mail.  This is to prevent miscommunication due to failures in delivery of a cancellation notice.

5. UNILATERAL SERVICE REVOCATION
In the event Host believes Services are being utilized for unlawful purposes or in violation with the terms and provisions herewith, Host may immediately suspend or discontinue Services and the agreement without liability at its discretion and judgment.  This includes failure to pay, use of objectionable content, use of programs or resources that pose a security risk to other domains or Host's servers, legal or regulatory reasons, unsolicited outgoing spam, or where continuation becomes impractical or unfeasible for technical reasons. 

All charges associated with handling spam complaints will be charged to the violating Client at our current consulting rate. This includes use of programs that cause server disruption, scripts used to send unsolicited e-mail and other use that require the server administrator to repair or remove violating scripts or actions.

Illegal activities include but are not limited to storing and/or distributing illegal copies of copyrighted software, illegal music/videos, "warez sites", patent, copyright and trademark violations,  U.S. laws violations, and selling and/or distributing illegal contraband.

Internet abuse includes but is not limited to mass unsolicited e-mailing, distribution of mass e-mailing programs, cross-posting messages to a large number of usenet groups, posting obscene or inflammatory messages, racism, threatening other users, mail bombing Internet users, running packet sniffers or port scanners, spamming our support staff.

Systems abuse include but are not limited to use of excessive CPU resources, use of excessive disk or excessive e-mail storage space, attempts to "hack" our systems, installing continuously running programs such as IRC bots, and reselling Host's programs, Services, or scripts.

Adult pornographic content is strictly prohibited. Not all nudity is considered to be pornographic if used in a medical or educational context.  Determination and authorization shall be made solely by Host, and the right to initiate hosting or continue hosting will be at the discretion of Host.

6. DOMAIN NAMES
Domain name registration is a separate activity and requirement for hosting a web site.  Registration is renewed annually in advance with an ICANN certified registrar. Host is one of many companys that can register and renew a Client domain name; however Client is responsible to ensure that the domain name registration and renewals are completed on time with Client's registrar, whom may or may not be the Host. Client hosting services could be interrupted by failure to keep domain registration current.

7. DISCLAIMERS
Client understands and acknowledges there are numerous inherent web hosting and email vulnerabilities present which cause regular and unpredictable Services interruptions that are beyond Host's control.  The Internet is a mass of computer servers, communications carriers, and services owned by many companies.  No one company controls all aspects of web hosting.  As such, Host cannot assume liability for claims resulting from inability to use Services including but not limited to Services interruptions, Client errors, Internet connectivity problems, miscommunications, unauthorized access to servers, Domain Name problems, DNS caching, Internet bandwidth congestion, system crashes, power failures, vandalism, or natural disasters. 

Although Host takes continual updated precautions against such vulnerabilities, no web site or email is completely safe or immune to damage, whether accidental or intentional.  These risks include but are not limited to Client neglect, Client web design mistakes, other illegal activities from malicious hackers.  Furthermore, access to the web site or email might be granted by Client to its designers or agents whom could cause improper security settings beyond control of Host and/or without Host's knowledge.  Host will provide every effort in good faith to ensure secure Services are available with minimal interruptions; however, Client must ensure their web sites are designed and posted in a manner to ensure vulnerabilities do not exist which compromise the security of their web site or the server.

Host is not liable for damages to Client's business.  Host makes no warranties or guarantees, expressed or implied for Services provided.  Use of Services is at the Client's sole risk, and are provided on an "as is, as available" basis.  Client shall have alternative contingency plans in place to protect an e-commerce business or mission critical site in the event of any disruptions.

As with all hosting companies, some equipment and services provided by Host are purchased through other channels or providers.  Thus, there can be no assurance that those services or equipment will be available at a future date and may cause Host to change providers or Services that cause Services disruptions. Host may not directly own, control or write all of the software and Services it uses.

8. WARRANTIES
With respect to Services to be provided herein, Client acknowledges that Host makes no warranties, express or implied.  Client agrees that Host shall not be liable for any claims, damages or loss of profit which may be suffered by Client or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of or in relation to Services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or Services interruptions.

9. INDEMNIFICATION
Client shall indemnify and hold harmless Host and its providers from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against Host and Host officers, directors, employees, and third party providers for Client's web space content that violates any copyright, proprietary right of any person, financial or personal data loss, state and federal regulations, or contains any matter that is libelous or scandalous, or defective products or services sold by Client.

10. CLIENT OBLIGATIONS
Client acknowledges that Host provides disk space and access to Client's web site content.  As such, Client assumes responsibility for data storage and maintaining backup copies on a remote system (not on Host servers) of their web content, data files, databases, web site programs and any other data that are owned by Client and reside on the Host servers. Host is not responsible for lost files, information, or data.  Host shall conduct regular backups for its security purposes and as a convenience to Client in case of data loss.  Host will assist Client in recovery of data, but cannot guarantee to possess the most current copy of Client's website. Client is responsible to ensure that files are not stored in folders commonly used by Host for purposes of managing operations and providing services. These folders include, but not limited to, "cgi-bin", "lib", "catalog", and statistics folders. Placement of private files in those folders can result in loss of Client data if changes to folders are needed.  

It should be further noted that Client may be responsible to comply with various industry standards for safety, security, or other matters that relate to the Client business or profession in conjunction with the design and use of a web site.  This is especially important in the areas of e-Commerce.  Client acknowledges and agrees that if Client operates an online merchant business, Client is required and responsible to comply with industry standards such as PCI, DSS, and other credit card processing standards that assure the protection of confidential consumer data.  Host cannot be liable for Client failure to comply with industry requirements to properly handle and process personal or financial data of Client's customers.  Client is responsible to demonstrate compliance with regulatory agencies as needed that may be relevant to the nature of Client's business or profession.

11. CHANGES TO AGREEMENT
Host reserves the right to make changes at any time to the terms and conditions of this Agreement, to Services, and pricing.  Utilization of Services by Client following the effective date of such change shall constitute acceptance by the Client of such change(s). Client will be notified of changes via e-mail and/or US Postal mail.  

12. TERM OF AGREEMENT
The initial term of this agreement shall commence upon activation of Services after having received Client's submission of a request for services, acceptance by Host, and initial payment being received by Host. Termination of Agreement shall be upon written request from Client to cancel Services or by notice from Host that it will no longer provide Services for its business reasons. As further defined in this Agreement, Host may immediately cancel services for breach of any term of this Agreement.

Due to the uncertain nature of the Internet, Host can not guarantee continued future services, and reserves the right to discontinue services in the future.  In the event that Host discontinues services, effort will be made to recommend or provide information for transition to a new hosting entity.

13. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California in the United States of America. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of Services provided herein and under this Agreement will lie in Contra Costa County, California. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.  Any dispute which cannot be so resolved by the parties shall be subject to arbitration according to the Commercial Arbitration Rules of the American Arbitration Association upon written demand of either party.  Arbitration shall take place in San Ramon, California.

14. SEVERABILITY
In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.

15. ENTIRE AGREEMENT AND UNDERSTANDING
This instrument and the application for Services constitute the entire Agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.