1. Scope of Services and Your Obligations
2. Limited Warranty; Limitation of Liability; Indemnification
3. Payment of Fees
4. Acceptable Use Policy
5. Webazilla's Right to Terminate Agreement
6. Cancellation of Accounts
7. Arbitration and Governing Law
8. Miscellaneous

This Web Hosting Agreement (this "Agreement") sets forth the terms and conditions of your use of WebaZilla B.V. ("WebaZilla B.V.") for web hosting services. You certify that you are at least 18 years of age. To become a WebaZilla B.V. accountholder, you must read and agree to be bound by all terms and conditions of this Agreement and any policies that are or may be published by WebaZilla B.V.. WebaZilla B.V. reserves the right to deny service to anyone. WebaZilla B.V. may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services. Customers that have paid in advance for services will not be affected by any price changes until their term is up.

1. Scope of Services and Your Obligations

1.1. This Agreement defines the terms and conditions of WebaZilla B.V.'s services as offered by WebaZilla B.V. and used by you, including the provision of web hosting services on WebaZilla B.V.'s dedicated servers and connectivity to the Internet (the "Services"). WebaZilla B.V. will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, WebaZilla B.V. maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.

1.2. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Upload Materials") to your website, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website, and includes, but is not limited to, the following: web publishing requires knowledge of HTML, properly locating and linking documents, FTPing web contents, graphics, text, sound, image mapping, etc.; FrontPage web publishing requires knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability; CGI-scripts requires knowledge of the UNIX environment, tar & gunzip commands, Perl, CShell scripts, .htaccess, .htpasswd, permissions, etc.; and mail requires knowledge of use of mail clients to receive and send mail, etc. You acknowledge that you have the necessary knowledge to create, modify and maintain your website. WebaZilla B.V. assumes no responsibility to provide you with such knowledge. WebaZilla B.V. is unable to review or analyze your code/files/data. If you wish WebaZilla B.V. to analyze any of your code/files/data then WebaZilla B.V. may charge you at the current development/consulting rate. WebaZilla B.V., as a courtesy, may review code/files/data at no charge to WebaZilla B.V. Tier 1 customers.

1.3. In connection with the Services, WebaZilla B.V. may provide for your use certain tools and software, including, but not limited to, certain specialty scripting software and/or certain programming language software for server management.

1.4. During the period that WebaZilla B.V. provides the Services to you, you hereby grant to WebaZilla B.V. a nonexclusive, royalty-free, worldwide right and license to digitally display and host your website and its content, and to use its trademarks, service marks, trade names, logos and other commercial or product/service designations in connection with the website and such Services.

1.5. For server restoration purposes only, WebaZilla B.V. makes back-ups of websites nightly; however, WebaZilla B.V. makes no guarantees of any kind, either expressed or implied, as to the integrity of these back-ups. You are responsible to maintain local copies of your website / data. If loss of data occurs due to an error of WebaZilla B.V., WebaZilla B.V. will attempt to recover the data for no charge. Otherwise, WebaZilla B.V. will attempt to recover the data from the most recent archive for a $50 fee. If WebaZilla B.V. is unable to recover your website / data then you will need to restore from your local copy / back-up.

1.6. WebaZilla B.V. reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. WebaZilla B.V. will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not WebaZilla B.V.'s intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.

1.7. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that WebaZilla B.V. is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. A§ 512. Consistent with the DMCA, WebaZilla B.V. will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, WebaZilla B.V. has a policy of terminating accountholders who are repeat copyright infringers.

1.8. Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on WebaZilla B.V.'s servers nor the links to other websites are screened, approved, reviewed or endorsed by WebaZilla B.V.. WebaZilla B.V. is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not WebaZilla B.V.'s statements of advice, opinion or information.

1.9 WebaZilla B.V. charges over bandwidth for accounts that go over their allocated package amount. Over bandwidth charges are billed at the 1st of every month at the individual rates via 95% method.