Carefully read the following terms and conditions of this agreement. By accessing and using the web services of Narrow Path Hosting. ("NPH"), you (“Customer”) indicate the acceptance of the following terms and conditions and you agree to be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THE NPH WEBSITE SERVICES.

This agreement constitutes the complete and exclusive statement of the agreement between you and NPH with respect to the NPH Website Services.

Now, therefore, in consideration of the mutual covenants set forth herein, NPH and Customer agree as follows:

1.Order Acceptance, Payment.

A.All orders are subject to acceptance by NPH. An order will be deemed accepted by NPH when NPH sends confirmation of the order to Customer.

B.NPH shall charge Customer’s credit card for the applicable fees, monthly fees, or annual fees, according to the Package(s) as selected by Customer and provided by NPH. NPH reserves the right to change the amount of, or basis for determining, any fees or charges and institute new fees and charges upon prior notice to Customer. Customer must provide NPH with a valid credit card number to which NPH will automatically charge all NPH fees as they become due. All monthly fees and set-up fees shall be due in advance of the month incurred and all additional charges shall be due every month on that day which such charges are incurred. Except as provided in Section 3, the set-up fees are non refundable for Services such as Domains and Traffic and NPH does not issue pro rata refunds for fees paid in advance. If payment by Customer’s credit card is denied, or Customer’s charge is returned to NPH for any reason, including charge back or Customer otherwise fails to make any payments owing to NPH, NPH may, at NPH discretion, suspend or terminate access to the NPH Website Services and/or terminate this Agreement. Customer’s right to use the NPH Website Services are subject to any limits established by NPH or by the issuer of Customer’s credit card. A 15-Day grace period may be given to correct unpaid balances.

2.NPH Website Services.

A.During the term of this Agreement, NPH shall provide software services to Customer according to the Package(s) accepted by Customer (the “NPH Website Services”). “Package” means one of NPH business and/or electronic commerce service offerings, as can be found on NPH Web site at http://www.UltraWebsiteHosting.com. The specific Package to be provided to Customer shall be established by correspondence between NPH and Customer. Such Package shall be deemed incorporated by reference into this Agreement, as if fully set forth herein.

B.At Customer’s request, NPH will acquire an Internet Second-Level Domain Name (“Domain Name”), from the Contracted Registrar on behalf of Customer. Customer’s request for and/or acceptance of a Domain Name obtained by NPH shall in all cases constitute Customer’s waiver of any and all claims which Customer may have, or which may later arise, against NPH or its third party providers, for any and all damages, losses, claims or expenses arising our or related to the acquisition, registration and/or use of the Domain Name. Any cost incurred by NPH to obtain and/or maintain the Domain Name on behalf of Customer shall be charged to Customer by NPH. Request for and acceptance of a domain name requires NPH to supply the domain name to the Contracted Registrar, which in turns supplies the Domain Name to third parties. NPH will be the sole billing and technical contact for the Domain Name. Domain name renewals automatically incur 30 days before order anniversary to prevent expiration and downtime of the domain unless customer cancels the renewal 31 days before the expiration date.

C.Exceeding Web Site Traffic Limitations: If a site exceeds its maximum monthly allotment of traffic, the site will become unavailable until the beginning of the next calendar month unless customer chooses to upgrade his/her hosting package, or pays an additional cost of $2 per additional 1GB of allotted traffic. Unavailability includes but may not be limited to the inability to access the site publicly or to publish to or modify the site's contents via certain Web creation tools. NPH will not be held responsible for any material or loss of income as a result of site unavailability.

3.Limited 15-Day Money-Back Guarantee and Refunds.

NPH offers a fifteen (15) day money back guarantee on each Shared Hosting Package, but not including Dedicated Servers, Traffic, Domain Registration, SSL Certificates, Consultation and other services. If Customer is not completely satisfied with the NPH Website Services provided under such Hosting Package within the first fifteen (15) days, Customer may cancel this Agreement by notifying NPH via contact page form or to the address listed in Section 7C. In such case, Customer will receive a refund of amount paid, on verification, on pursuant to this Agreement, except for any set-up fees if applicable, which are non refundable. After the initial fifteen (15) day period, the NPH Website Service shall be deemed accepted for all purposes, provided no written claim has been received by NPH within such fifteen (15) day period. Hosting accounts that are terminated due to abuse, excessive server load, illegal activity or breach of this agreement in anyway are non-refundable.

4.Rules and Regulations.

From time to time NPH may impose reasonable rules and regulations regarding the use of the NPH Website Services. Such rules and regulations are called acceptable use policies.

A.Illegal use. Using the Services to transmit any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.

B.Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam. This also includes backend scripts such as malware and virii.

C.Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of NPH whether or not the intrusion results in the corruption or loss of data.

D.Copyright or trademark infringement. Using the Services to transmit any material (by email, 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.

E. Adult Oriented Websites. We do not host adult websites or websites of a sexual orientation.

F. SPAM. Transmitting mass e-mail to an untargeted audience and/or that has not opted to receive such an e-mail. We have a zero tolerance SPAM policy. Any account that is utilized to send out SPAM will be terminated without notice. Any account terminated for SPAM is subject to a $300 administration fee, this fee will be charged directly to the credit card on file. In addition, any losses incurred by NPH because of said action will be the direct responsibility of the account holder.

G. Over-Excessive Load on Server. If a website is deemed to occupy an over-excessive amount of load on the server which interupts services or other user functionality, the account holder will receive warning to reduce the load of the site or upgrade to a dedicated server. User account load on a shared or semi-dedicated account of 25% or more of system resources for longer then 90 seconds is deemed over-excessive. This includes CGI scripts, FTP, PHP, HTTP, etc. If load is not reduced or account upgraded, the account may be terminated. If the load is effecting server performance dramatically an immediate suspension may be performed.

H. Bulk Emailing. Transmitting mass e-mail. Bulk mailing to an opted list under account holder control is allowed with an account limit of 150 emails per hour per domain. Bulk safelist sending and receiving are not permitted under our services due excessive strains on servers. Accounts that are found to be bulk emailing and causing excessive server load fall under section 4.G.

I. Use of bots or scripts of any kind that run outside the users assigned account directory are not permitted on shared hosting servers. IRC usage is also not permitted on shared servers.

J. Gaming services such as teamspeak and bots are not allowed on our shared and semi-dedicated accounts.

K. Shared accounts may not resell web hosting to other individuals. A reseller account is required to resell hosting.

L. The use of an account to create a proxy or relay is prohibited.

M. The use of an account for only file storage and not a website is prohibited on our shared and semi-dedicated servers.

5.License Grant.

During the term of this Agreement, NPH grants to Customer a non-exclusive, personal, non-transferable license to access and use the NPH Website Services solely on and as part of NPH World Wide Web site and servers. NPH may modify the NPH Website Services at any time for any reason and may provide modified versions of the NPH Website Services to Customer.

6.Intellectual Property Rights.

Customer acknowledges and agrees that the NPH Website Services constitute confidential and proprietary information of NPH and its licensors and embodies trade secrets and intellectual property of NPH and its licensors protected under United States copyright and other laws and international treaty provisions. Customer further acknowledges that all right, title, and interest in and to all parts of the NPH Website Services, including, without limitation, associated intellectual property rights, are and shall remain with NPH and its licensors. Customer shall not, and shall cause its employees and agents not to, disclose or transfer any portion of the NPH Website Services to any third party. Customer further agrees not to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, sublicense, distribute, remarket or otherwise dispose of any portion of the NPH Website Services. Customer hereby acknowledges that, if NPH at any time or from time to time performs any customizations or modifications to NPH Website Services, all rights and interests to such customizations or modifications shall be the sole property of NPH.

7.Term and Termination.

A.This Agreement shall have an initial term of one (1) month and shall thereafter automatically renew for successive one (1) month periods. This Agreement and Customer’s access to the NPH Website Services shall terminate as follows: (i) Either party may terminate upon thirty (30) days prior notice; (ii) NPH may immediately and without prior notice terminate upon a violation by Customer of NPH acceptable rules and regulations; (iii) NPH may terminate immediately and without prior notice in accordance with Section 1; and (iv) NPH may terminate immediately if, after 15 days prior notice to Customer, Customer has failed to correct any breach of this Agreement.

B.Upon any termination in accordance with Section 7(A)(i), and a billing account of good standing, NPH Shall permit Customer forty-eight (48) hours to download or otherwise copy any of Customer’s information and data residing on NPH facilities prior to removing such information and data from NPH facilities. Upon termination by NPH under Sections 7(B)(ii), (iii) or (iv), NPH may immediately remove all of Customer’s data and information from NPH facilities and Customer shall have no right to copy or download such data or information, and, in such event, all such information and data, including all copyrighted or copyrightable material therein, shall then become the property of NPH. In cases where Customer’s account has been cancelled, and Customer is requesting reactivation, NPH, at it’s option, may reactivate the same account, only if the account had been cancelled less than sixty (60) days prior. After sixty (60) days, Customer will be required to set up a new account.

C.To cancel a NPH Website Service. Customer should contact NPH via e-mail form or send a request via mail to NPH, P.O. Box 731724 Puyallup, WA 98373 USA, Attention: Website Service Cancellations. For assurance of delivery, NPH recommends that requests for cancellation are sent via certified mail. Contact via e-mail form requires authorization reply to complete cancellation.

D.Sections 1, 6, 8, 9, 10, 11, 12, 13, and 14 shall survive any termination of this Agreement.

8.Exclusion of Warranties.

NPH PROVIDES THE NPH WEBSITE SERVICES ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, whether express or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose.

While NPH makes reasonable efforts to maintain the NPH Website Services, many factors are not within NPH control. Therefore, NPH does not warrant, and is not responsible for (even if caused by the negligence of NPH) any loss of data, delays, non-delivery or mis-delivery of information, lack of access, slows response time, or service interruptions or errors. Loss, delay or non-delivery of data can be due to but not limited to NPH own negligence, viruses or other third parties. Customer’s data is defined as any data held by NPH and includes account information, web hosting data, email and domain name services. This disclaimer and waiver shall apply equally to any and all third party providers.

NPH has the right to change prices, or add or delete product features of any existing product or service. The right to change packages or services extends to any product or service. NPH reserves the right to change prices or material features at any time upon 30 days prior notice. NPH reserves the right to institute new fees or new material features at any time upon 30 days prior notice. NPH has the right to discontinue products or services and the right to remove or reassign IP addresses of a customer’s web site. NPH also has the right to deactivate a customer’s service with a thirty (30) day notice. You assume full responsibility and risk for use of the services and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the service or the Internet.

9.Limitation of Liability and Damages.

THE TOTAL AGGREGATE LIABILITY OF NPH TO CUSTOMER SHALL BE LIMITED TO THE AMOUNT PAID TO NPH BY CUSTOMER HEREUNDER DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM IN WHICH NPH IS LIABLE TO CUSTOMER. IN NO EVENT SHALL NPH BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT, OR OTHERWISE AND WHETHER OR NOT NPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.Confidentiality.

Customer acknowledges that by reason of its relationship with NPH, it may have access to certain information and materials relating to NPH business, customers, software technology and marketing which NPH treats as confidential (collectively “Confidential Information”). Customer shall: (i) hold in confidence, and not disclose or reveal to any person or entity, any Confidential Information without the clear and express prior written consent of a duly authorized representative of NPH; and (ii) not use or disclose any of the Confidential Information for any purpose at any time, other than for the limited purpose of performance under this Agreement. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for two (2) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.

11.Indemnification.

Customer shall indemnify and hold NPH harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney’s fees and expenses that Company may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement (including reasonable attorney’s fees) and for any act or omission of Customer or its clients which are in any way related to the NPH Website Services.

13.Force Majeure.

Either party shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of Nature, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

14.Miscellaneous.